Illinois General Assembly - Full Text of SB2249
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Full Text of SB2249  102nd General Assembly

SB2249enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB2249 EnrolledLRB102 17035 KMF 22461 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Sections 8 and 10 as follows:
 
6    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
7    Sec. 8. Grounds for denial and revocation. The Department
8of State Police has authority to deny an application for or to
9revoke and seize a Firearm Owner's Identification Card
10previously issued under this Act only if the Department finds
11that the applicant or the person to whom such card was issued
12is or was at the time of issuance:
13        (a) A person under 21 years of age who has been
14    convicted of a misdemeanor other than a traffic offense or
15    adjudged delinquent;
16        (b) This subsection (b) applies through the 180th day
17    following the effective date of this amendatory Act of the
18    101st General Assembly. A person under 21 years of age who
19    does not have the written consent of his parent or
20    guardian to acquire and possess firearms and firearm
21    ammunition, or whose parent or guardian has revoked such
22    written consent, or where such parent or guardian does not
23    qualify to have a Firearm Owner's Identification Card;

 

 

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1        (b-5) This subsection (b-5) applies on and after the
2    181st day following the effective date of this amendatory
3    Act of the 101st General Assembly. A person under 21 years
4    of age who is not an active duty member of the United
5    States Armed Forces and does not have the written consent
6    of his or her parent or guardian to acquire and possess
7    firearms and firearm ammunition, or whose parent or
8    guardian has revoked such written consent, or where such
9    parent or guardian does not qualify to have a Firearm
10    Owner's Identification Card;
11        (c) A person convicted of a felony under the laws of
12    this or any other jurisdiction;
13        (d) A person addicted to narcotics;
14        (e) A person who has been a patient of a mental health
15    facility within the past 5 years or a person who has been a
16    patient in a mental health facility more than 5 years ago
17    who has not received the certification required under
18    subsection (u) of this Section. An active law enforcement
19    officer employed by a unit of government or a Department
20    of Corrections employee authorized to possess firearms who
21    is denied, revoked, or has his or her Firearm Owner's
22    Identification Card seized under this subsection (e) may
23    obtain relief as described in subsection (c-5) of Section
24    10 of this Act if the officer or employee did not act in a
25    manner threatening to the officer or employee, another
26    person, or the public as determined by the treating

 

 

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1    clinical psychologist or physician, and the officer or
2    employee seeks mental health treatment;
3        (f) A person whose mental condition is of such a
4    nature that it poses a clear and present danger to the
5    applicant, any other person or persons or the community;
6        (g) A person who has an intellectual disability;
7        (h) A person who intentionally makes a false statement
8    in the Firearm Owner's Identification Card application;
9        (i) An alien who is unlawfully present in the United
10    States under the laws of the United States;
11        (i-5) An alien who has been admitted to the United
12    States under a non-immigrant visa (as that term is defined
13    in Section 101(a)(26) of the Immigration and Nationality
14    Act (8 U.S.C. 1101(a)(26))), except that this subsection
15    (i-5) does not apply to any alien who has been lawfully
16    admitted to the United States under a non-immigrant visa
17    if that alien is:
18            (1) admitted to the United States for lawful
19        hunting or sporting purposes;
20            (2) an official representative of a foreign
21        government who is:
22                (A) accredited to the United States Government
23            or the Government's mission to an international
24            organization having its headquarters in the United
25            States; or
26                (B) en route to or from another country to

 

 

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1            which that alien is accredited;
2            (3) an official of a foreign government or
3        distinguished foreign visitor who has been so
4        designated by the Department of State;
5            (4) a foreign law enforcement officer of a
6        friendly foreign government entering the United States
7        on official business; or
8            (5) one who has received a waiver from the
9        Attorney General of the United States pursuant to 18
10        U.S.C. 922(y)(3);
11        (j) (Blank);
12        (k) A person who has been convicted within the past 5
13    years of battery, assault, aggravated assault, violation
14    of an order of protection, or a substantially similar
15    offense in another jurisdiction, in which a firearm was
16    used or possessed;
17        (l) A person who has been convicted of domestic
18    battery, aggravated domestic battery, or a substantially
19    similar offense in another jurisdiction committed before,
20    on or after January 1, 2012 (the effective date of Public
21    Act 97-158). If the applicant or person who has been
22    previously issued a Firearm Owner's Identification Card
23    under this Act knowingly and intelligently waives the
24    right to have an offense described in this paragraph (l)
25    tried by a jury, and by guilty plea or otherwise, results
26    in a conviction for an offense in which a domestic

 

 

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1    relationship is not a required element of the offense but
2    in which a determination of the applicability of 18 U.S.C.
3    922(g)(9) is made under Section 112A-11.1 of the Code of
4    Criminal Procedure of 1963, an entry by the court of a
5    judgment of conviction for that offense shall be grounds
6    for denying an application for and for revoking and
7    seizing a Firearm Owner's Identification Card previously
8    issued to the person under this Act;
9        (m) (Blank);
10        (n) A person who is prohibited from acquiring or
11    possessing firearms or firearm ammunition by any Illinois
12    State statute or by federal law;
13        (o) A minor subject to a petition filed under Section
14    5-520 of the Juvenile Court Act of 1987 alleging that the
15    minor is a delinquent minor for the commission of an
16    offense that if committed by an adult would be a felony;
17        (p) An adult who had been adjudicated a delinquent
18    minor under the Juvenile Court Act of 1987 for the
19    commission of an offense that if committed by an adult
20    would be a felony;
21        (q) A person who is not a resident of the State of
22    Illinois, except as provided in subsection (a-10) of
23    Section 4;
24        (r) A person who has been adjudicated as a person with
25    a mental disability;
26        (s) A person who has been found to have a

 

 

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1    developmental disability;
2        (t) A person involuntarily admitted into a mental
3    health facility; or
4        (u) A person who has had his or her Firearm Owner's
5    Identification Card revoked or denied under subsection (e)
6    of this Section or item (iv) of paragraph (2) of
7    subsection (a) of Section 4 of this Act because he or she
8    was a patient in a mental health facility as provided in
9    subsection (e) of this Section, shall not be permitted to
10    obtain a Firearm Owner's Identification Card, after the
11    5-year period has lapsed, unless he or she has received a
12    mental health evaluation by a physician, clinical
13    psychologist, or qualified examiner as those terms are
14    defined in the Mental Health and Developmental
15    Disabilities Code, and has received a certification that
16    he or she is not a clear and present danger to himself,
17    herself, or others. The physician, clinical psychologist,
18    or qualified examiner making the certification and his or
19    her employer shall not be held criminally, civilly, or
20    professionally liable for making or not making the
21    certification required under this subsection, except for
22    willful or wanton misconduct. This subsection does not
23    apply to a person whose firearm possession rights have
24    been restored through administrative or judicial action
25    under Section 10 or 11 of this Act.
26    Upon revocation of a person's Firearm Owner's

 

 

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1Identification Card, the Department of State Police shall
2provide notice to the person and the person shall comply with
3Section 9.5 of this Act.
4(Source: P.A. 101-80, eff. 7-12-19.)
 
5    (430 ILCS 65/10)  (from Ch. 38, par. 83-10)
6    Sec. 10. Appeal to director; hearing; relief from firearm
7prohibitions.
8    (a) Whenever an application for a Firearm Owner's
9Identification Card is denied, whenever the Department fails
10to act on an application within 30 days of its receipt, or
11whenever such a Card is revoked or seized as provided for in
12Section 8 of this Act, the aggrieved party may appeal to the
13Director of State Police for a hearing upon such denial,
14revocation or seizure, unless the denial, revocation, or
15seizure was based upon a forcible felony, stalking, aggravated
16stalking, domestic battery, any violation of the Illinois
17Controlled Substances Act, the Methamphetamine Control and
18Community Protection Act, or the Cannabis Control Act that is
19classified as a Class 2 or greater felony, any felony
20violation of Article 24 of the Criminal Code of 1961 or the
21Criminal Code of 2012, or any adjudication as a delinquent
22minor for the commission of an offense that if committed by an
23adult would be a felony, in which case the aggrieved party may
24petition the circuit court in writing in the county of his or
25her residence for a hearing upon such denial, revocation, or

 

 

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1seizure.
2    (b) At least 30 days before any hearing in the circuit
3court, the petitioner shall serve the relevant State's
4Attorney with a copy of the petition. The State's Attorney may
5object to the petition and present evidence. At the hearing
6the court shall determine whether substantial justice has been
7done. Should the court determine that substantial justice has
8not been done, the court shall issue an order directing the
9Department of State Police to issue a Card. However, the court
10shall not issue the order if the petitioner is otherwise
11prohibited from obtaining, possessing, or using a firearm
12under federal law.
13    (c) Any person prohibited from possessing a firearm under
14Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
15acquiring a Firearm Owner's Identification Card under Section
168 of this Act may apply to the Director of State Police or
17petition the circuit court in the county where the petitioner
18resides, whichever is applicable in accordance with subsection
19(a) of this Section, requesting relief from such prohibition
20and the Director or court may grant such relief if it is
21established by the applicant to the court's or Director's
22satisfaction that:
23        (0.05) when in the circuit court, the State's Attorney
24    has been served with a written copy of the petition at
25    least 30 days before any such hearing in the circuit court
26    and at the hearing the State's Attorney was afforded an

 

 

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1    opportunity to present evidence and object to the
2    petition;
3        (1) the applicant has not been convicted of a forcible
4    felony under the laws of this State or any other
5    jurisdiction within 20 years of the applicant's
6    application for a Firearm Owner's Identification Card, or
7    at least 20 years have passed since the end of any period
8    of imprisonment imposed in relation to that conviction;
9        (2) the circumstances regarding a criminal conviction,
10    where applicable, the applicant's criminal history and his
11    reputation are such that the applicant will not be likely
12    to act in a manner dangerous to public safety;
13        (3) granting relief would not be contrary to the
14    public interest; and
15        (4) granting relief would not be contrary to federal
16    law.
17    (c-5) (1) An active law enforcement officer employed by a
18unit of government or a Department of Corrections employee
19authorized to possess firearms , who is denied, revoked, or
20has his or her Firearm Owner's Identification Card seized
21under subsection (e) of Section 8 of this Act may apply to the
22Director of State Police requesting relief if the officer or
23employee did not act in a manner threatening to the officer or
24employee, another person, or the public as determined by the
25treating clinical psychologist or physician, and as a result
26of his or her work is referred by the employer for or

 

 

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1voluntarily seeks mental health evaluation or treatment by a
2licensed clinical psychologist, psychiatrist, or qualified
3examiner, and:
4        (A) the officer or employee has not received treatment
5    involuntarily at a mental health facility, regardless of
6    the length of admission; or has not been voluntarily
7    admitted to a mental health facility for more than 30 days
8    and not for more than one incident within the past 5 years;
9    and
10        (B) the officer or employee has not left the mental
11    institution against medical advice.
12    (2) The Director of State Police shall grant expedited
13relief to active law enforcement officers and employees
14described in paragraph (1) of this subsection (c-5) upon a
15determination by the Director that the officer's or employee's
16possession of a firearm does not present a threat to
17themselves, others, or public safety. The Director shall act
18on the request for relief within 30 business days of receipt
19of:
20        (A) a notarized statement from the officer or employee
21    in the form prescribed by the Director detailing the
22    circumstances that led to the hospitalization;
23        (B) all documentation regarding the admission,
24    evaluation, treatment and discharge from the treating
25    licensed clinical psychologist or psychiatrist of the
26    officer;

 

 

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1        (C) a psychological fitness for duty evaluation of the
2    person completed after the time of discharge; and
3        (D) written confirmation in the form prescribed by the
4    Director from the treating licensed clinical psychologist
5    or psychiatrist that the provisions set forth in paragraph
6    (1) of this subsection (c-5) have been met, the person
7    successfully completed treatment, and their professional
8    opinion regarding the person's ability to possess
9    firearms.
10    (3) Officers and employees eligible for the expedited
11relief in paragraph (2) of this subsection (c-5) have the
12burden of proof on eligibility and must provide all
13information required. The Director may not consider granting
14expedited relief until the proof and information is received.
15    (4) "Clinical psychologist", "psychiatrist", and
16"qualified examiner" shall have the same meaning as provided
17in Chapter I of the Mental Health and Developmental
18Disabilities Code.
19    (c-10) (1) An applicant, who is denied, revoked, or has
20his or her Firearm Owner's Identification Card seized under
21subsection (e) of Section 8 of this Act based upon a
22determination of a developmental disability or an intellectual
23disability may apply to the Director of State Police
24requesting relief.
25    (2) The Director shall act on the request for relief
26within 60 business days of receipt of written certification,

 

 

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1in the form prescribed by the Director, from a physician or
2clinical psychologist, or qualified examiner, that the
3aggrieved party's developmental disability or intellectual
4disability condition is determined by a physician, clinical
5psychologist, or qualified to be mild. If a fact-finding
6conference is scheduled to obtain additional information
7concerning the circumstances of the denial or revocation, the
860 business days the Director has to act shall be tolled until
9the completion of the fact-finding conference.
10    (3) The Director may grant relief if the aggrieved party's
11developmental disability or intellectual disability is mild as
12determined by a physician, clinical psychologist, or qualified
13examiner and it is established by the applicant to the
14Director's satisfaction that:
15        (A) granting relief would not be contrary to the
16    public interest; and
17        (B) granting relief would not be contrary to federal
18    law.
19    (4) The Director may not grant relief if the condition is
20determined by a physician, clinical psychologist, or qualified
21examiner to be moderate, severe, or profound.
22    (5) The changes made to this Section by this amendatory
23Act of the 99th General Assembly apply to requests for relief
24pending on or before the effective date of this amendatory
25Act, except that the 60-day period for the Director to act on
26requests pending before the effective date shall begin on the

 

 

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1effective date of this amendatory Act.
2    (d) When a minor is adjudicated delinquent for an offense
3which if committed by an adult would be a felony, the court
4shall notify the Department of State Police.
5    (e) The court shall review the denial of an application or
6the revocation of a Firearm Owner's Identification Card of a
7person who has been adjudicated delinquent for an offense that
8if committed by an adult would be a felony if an application
9for relief has been filed at least 10 years after the
10adjudication of delinquency and the court determines that the
11applicant should be granted relief from disability to obtain a
12Firearm Owner's Identification Card. If the court grants
13relief, the court shall notify the Department of State Police
14that the disability has been removed and that the applicant is
15eligible to obtain a Firearm Owner's Identification Card.
16    (f) Any person who is subject to the disabilities of 18
17U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
18of 1968 because of an adjudication or commitment that occurred
19under the laws of this State or who was determined to be
20subject to the provisions of subsections (e), (f), or (g) of
21Section 8 of this Act may apply to the Department of State
22Police requesting relief from that prohibition. The Director
23shall grant the relief if it is established by a preponderance
24of the evidence that the person will not be likely to act in a
25manner dangerous to public safety and that granting relief
26would not be contrary to the public interest. In making this

 

 

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1determination, the Director shall receive evidence concerning
2(i) the circumstances regarding the firearms disabilities from
3which relief is sought; (ii) the petitioner's mental health
4and criminal history records, if any; (iii) the petitioner's
5reputation, developed at a minimum through character witness
6statements, testimony, or other character evidence; and (iv)
7changes in the petitioner's condition or circumstances since
8the disqualifying events relevant to the relief sought. If
9relief is granted under this subsection or by order of a court
10under this Section, the Director shall as soon as practicable
11but in no case later than 15 business days, update, correct,
12modify, or remove the person's record in any database that the
13Department of State Police makes available to the National
14Instant Criminal Background Check System and notify the United
15States Attorney General that the basis for the record being
16made available no longer applies. The Department of State
17Police shall adopt rules for the administration of this
18Section.
19(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78,
20eff. 7-20-15.)
 
21    Section 10. The Unified Code of Corrections is amended by
22adding Section 3-2-13 as follows:
 
23    (730 ILCS 5/3-2-13 new)
24    Sec. 3-2-13. Possession of a Firearm Owner's

 

 

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1Identification Card. The Department of Corrections shall not
2make possession of a Firearm Owner's Identification Card a
3condition of continued employment as a Department employee
4authorized to possess firearms if the employee's Firearm
5Owner's Identification Card is revoked or seized because the
6employee has been a patient of a mental health facility and the
7employee has not been determined to pose a clear and present
8danger to himself, herself, or others as determined by a
9physician, clinical psychologist, or qualified examiner.
10Nothing is this Section shall otherwise impair the
11Department's ability to determine an employee's fitness for
12duty. A collective bargaining agreement already in effect on
13this issue on the effective date of this amendatory Act of the
14102nd General Assembly cannot be modified, but on or after the
15effective date of this amendatory Act of the 102nd General
16Assembly, the Department cannot require a Firearm Owner's
17Identification Card as a condition of continued employment in
18a collective bargaining agreement. The Department shall
19document if and why an employee has been determined to pose a
20clear and present danger. In this Section, "mental health
21facility" and "qualified examiner" have the meanings provided
22in the Mental Health and Developmental Disabilities Code.