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

SB2249ham001 102ND GENERAL ASSEMBLY

Rep. Lance Yednock

Filed: 5/7/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2249

2    AMENDMENT NO. ______. Amend Senate Bill 2249 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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

 

 

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1    of Corrections employee authorized to possess firearms who
2    is denied, revoked, or has his or her Firearm Owner's
3    Identification Card seized under this subsection (e) may
4    obtain relief as described in subsection (c-5) of Section
5    10 of this Act if the officer or employee did not act in a
6    manner threatening to the officer or employee, another
7    person, or the public as determined by the treating
8    clinical psychologist or physician, and the officer or
9    employee seeks mental health treatment;
10        (f) A person whose mental condition is of such a
11    nature that it poses a clear and present danger to the
12    applicant, any other person or persons or the community;
13        (g) A person who has an intellectual disability;
14        (h) A person who intentionally makes a false statement
15    in the Firearm Owner's Identification Card application;
16        (i) An alien who is unlawfully present in the United
17    States under the laws of the United States;
18        (i-5) An alien who has been admitted to the United
19    States under a non-immigrant visa (as that term is defined
20    in Section 101(a)(26) of the Immigration and Nationality
21    Act (8 U.S.C. 1101(a)(26))), except that this subsection
22    (i-5) does not apply to any alien who has been lawfully
23    admitted to the United States under a non-immigrant visa
24    if that alien is:
25            (1) admitted to the United States for lawful
26        hunting or sporting purposes;

 

 

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1            (2) an official representative of a foreign
2        government who is:
3                (A) accredited to the United States Government
4            or the Government's mission to an international
5            organization having its headquarters in the United
6            States; or
7                (B) en route to or from another country to
8            which that alien is accredited;
9            (3) an official of a foreign government or
10        distinguished foreign visitor who has been so
11        designated by the Department of State;
12            (4) a foreign law enforcement officer of a
13        friendly foreign government entering the United States
14        on official business; or
15            (5) one who has received a waiver from the
16        Attorney General of the United States pursuant to 18
17        U.S.C. 922(y)(3);
18        (j) (Blank);
19        (k) A person who has been convicted within the past 5
20    years of battery, assault, aggravated assault, violation
21    of an order of protection, or a substantially similar
22    offense in another jurisdiction, in which a firearm was
23    used or possessed;
24        (l) A person who has been convicted of domestic
25    battery, aggravated domestic battery, or a substantially
26    similar offense in another jurisdiction committed before,

 

 

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1    on or after January 1, 2012 (the effective date of Public
2    Act 97-158). If the applicant or person who has been
3    previously issued a Firearm Owner's Identification Card
4    under this Act knowingly and intelligently waives the
5    right to have an offense described in this paragraph (l)
6    tried by a jury, and by guilty plea or otherwise, results
7    in a conviction for an offense in which a domestic
8    relationship is not a required element of the offense but
9    in which a determination of the applicability of 18 U.S.C.
10    922(g)(9) is made under Section 112A-11.1 of the Code of
11    Criminal Procedure of 1963, an entry by the court of a
12    judgment of conviction for that offense shall be grounds
13    for denying an application for and for revoking and
14    seizing a Firearm Owner's Identification Card previously
15    issued to the person under this Act;
16        (m) (Blank);
17        (n) A person who is prohibited from acquiring or
18    possessing firearms or firearm ammunition by any Illinois
19    State statute or by federal law;
20        (o) A minor subject to a petition filed under Section
21    5-520 of the Juvenile Court Act of 1987 alleging that the
22    minor is a delinquent minor for the commission of an
23    offense that if committed by an adult would be a felony;
24        (p) An adult who had been adjudicated a delinquent
25    minor under the Juvenile Court Act of 1987 for the
26    commission of an offense that if committed by an adult

 

 

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

 

 

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1    professionally liable for making or not making the
2    certification required under this subsection, except for
3    willful or wanton misconduct. This subsection does not
4    apply to a person whose firearm possession rights have
5    been restored through administrative or judicial action
6    under Section 10 or 11 of this Act.
7    Upon revocation of a person's Firearm Owner's
8Identification Card, the Department of State Police shall
9provide notice to the person and the person shall comply with
10Section 9.5 of this Act.
11(Source: P.A. 101-80, eff. 7-12-19.)
 
12    (430 ILCS 65/10)  (from Ch. 38, par. 83-10)
13    Sec. 10. Appeal to director; hearing; relief from firearm
14prohibitions.
15    (a) Whenever an application for a Firearm Owner's
16Identification Card is denied, whenever the Department fails
17to act on an application within 30 days of its receipt, or
18whenever such a Card is revoked or seized as provided for in
19Section 8 of this Act, the aggrieved party may appeal to the
20Director of State Police for a hearing upon such denial,
21revocation or seizure, unless the denial, revocation, or
22seizure was based upon a forcible felony, stalking, aggravated
23stalking, domestic battery, any violation of the Illinois
24Controlled Substances Act, the Methamphetamine Control and
25Community Protection Act, or the Cannabis Control Act that is

 

 

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1classified as a Class 2 or greater felony, any felony
2violation of Article 24 of the Criminal Code of 1961 or the
3Criminal Code of 2012, or any adjudication as a delinquent
4minor for the commission of an offense that if committed by an
5adult would be a felony, in which case the aggrieved party may
6petition the circuit court in writing in the county of his or
7her residence for a hearing upon such denial, revocation, or
8seizure.
9    (b) At least 30 days before any hearing in the circuit
10court, the petitioner shall serve the relevant State's
11Attorney with a copy of the petition. The State's Attorney may
12object to the petition and present evidence. At the hearing
13the court shall determine whether substantial justice has been
14done. Should the court determine that substantial justice has
15not been done, the court shall issue an order directing the
16Department of State Police to issue a Card. However, the court
17shall not issue the order if the petitioner is otherwise
18prohibited from obtaining, possessing, or using a firearm
19under federal law.
20    (c) Any person prohibited from possessing a firearm under
21Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
22acquiring a Firearm Owner's Identification Card under Section
238 of this Act may apply to the Director of State Police or
24petition the circuit court in the county where the petitioner
25resides, whichever is applicable in accordance with subsection
26(a) of this Section, requesting relief from such prohibition

 

 

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1and the Director or court may grant such relief if it is
2established by the applicant to the court's or Director's
3satisfaction that:
4        (0.05) when in the circuit court, the State's Attorney
5    has been served with a written copy of the petition at
6    least 30 days before any such hearing in the circuit court
7    and at the hearing the State's Attorney was afforded an
8    opportunity to present evidence and object to the
9    petition;
10        (1) the applicant has not been convicted of a forcible
11    felony under the laws of this State or any other
12    jurisdiction within 20 years of the applicant's
13    application for a Firearm Owner's Identification Card, or
14    at least 20 years have passed since the end of any period
15    of imprisonment imposed in relation to that conviction;
16        (2) the circumstances regarding a criminal conviction,
17    where applicable, the applicant's criminal history and his
18    reputation are such that the applicant will not be likely
19    to act in a manner dangerous to public safety;
20        (3) granting relief would not be contrary to the
21    public interest; and
22        (4) granting relief would not be contrary to federal
23    law.
24    (c-5) (1) An active law enforcement officer employed by a
25unit of government or a Department of Corrections employee
26authorized to possess firearms , who is denied, revoked, or

 

 

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1has his or her Firearm Owner's Identification Card seized
2under subsection (e) of Section 8 of this Act may apply to the
3Director of State Police requesting relief if the officer or
4employee did not act in a manner threatening to the officer or
5employee, another person, or the public as determined by the
6treating clinical psychologist or physician, and as a result
7of his or her work is referred by the employer for or
8voluntarily seeks mental health evaluation or treatment by a
9licensed clinical psychologist, psychiatrist, or qualified
10examiner, and:
11        (A) the officer or employee has not received treatment
12    involuntarily at a mental health facility, regardless of
13    the length of admission; or has not been voluntarily
14    admitted to a mental health facility for more than 30 days
15    and not for more than one incident within the past 5 years;
16    and
17        (B) the officer or employee has not left the mental
18    institution against medical advice.
19    (2) The Director of State Police shall grant expedited
20relief to active law enforcement officers and employees
21described in paragraph (1) of this subsection (c-5) upon a
22determination by the Director that the officer's or employee's
23possession of a firearm does not present a threat to
24themselves, others, or public safety. The Director shall act
25on the request for relief within 30 business days of receipt
26of:

 

 

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1        (A) a notarized statement from the officer or employee
2    in the form prescribed by the Director detailing the
3    circumstances that led to the hospitalization;
4        (B) all documentation regarding the admission,
5    evaluation, treatment and discharge from the treating
6    licensed clinical psychologist or psychiatrist of the
7    officer;
8        (C) a psychological fitness for duty evaluation of the
9    person completed after the time of discharge; and
10        (D) written confirmation in the form prescribed by the
11    Director from the treating licensed clinical psychologist
12    or psychiatrist that the provisions set forth in paragraph
13    (1) of this subsection (c-5) have been met, the person
14    successfully completed treatment, and their professional
15    opinion regarding the person's ability to possess
16    firearms.
17    (3) Officers and employees eligible for the expedited
18relief in paragraph (2) of this subsection (c-5) have the
19burden of proof on eligibility and must provide all
20information required. The Director may not consider granting
21expedited relief until the proof and information is received.
22    (4) "Clinical psychologist", "psychiatrist", and
23"qualified examiner" shall have the same meaning as provided
24in Chapter I of the Mental Health and Developmental
25Disabilities Code.
26    (c-10) (1) An applicant, who is denied, revoked, or has

 

 

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1his or her Firearm Owner's Identification Card seized under
2subsection (e) of Section 8 of this Act based upon a
3determination of a developmental disability or an intellectual
4disability may apply to the Director of State Police
5requesting relief.
6    (2) The Director shall act on the request for relief
7within 60 business days of receipt of written certification,
8in the form prescribed by the Director, from a physician or
9clinical psychologist, or qualified examiner, that the
10aggrieved party's developmental disability or intellectual
11disability condition is determined by a physician, clinical
12psychologist, or qualified to be mild. If a fact-finding
13conference is scheduled to obtain additional information
14concerning the circumstances of the denial or revocation, the
1560 business days the Director has to act shall be tolled until
16the completion of the fact-finding conference.
17    (3) The Director may grant relief if the aggrieved party's
18developmental disability or intellectual disability is mild as
19determined by a physician, clinical psychologist, or qualified
20examiner and it is established by the applicant to the
21Director's satisfaction that:
22        (A) granting relief would not be contrary to the
23    public interest; and
24        (B) granting relief would not be contrary to federal
25    law.
26    (4) The Director may not grant relief if the condition is

 

 

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1determined by a physician, clinical psychologist, or qualified
2examiner to be moderate, severe, or profound.
3    (5) The changes made to this Section by this amendatory
4Act of the 99th General Assembly apply to requests for relief
5pending on or before the effective date of this amendatory
6Act, except that the 60-day period for the Director to act on
7requests pending before the effective date shall begin on the
8effective date of this amendatory Act.
9    (d) When a minor is adjudicated delinquent for an offense
10which if committed by an adult would be a felony, the court
11shall notify the Department of State Police.
12    (e) The court shall review the denial of an application or
13the revocation of a Firearm Owner's Identification Card of a
14person who has been adjudicated delinquent for an offense that
15if committed by an adult would be a felony if an application
16for relief has been filed at least 10 years after the
17adjudication of delinquency and the court determines that the
18applicant should be granted relief from disability to obtain a
19Firearm Owner's Identification Card. If the court grants
20relief, the court shall notify the Department of State Police
21that the disability has been removed and that the applicant is
22eligible to obtain a Firearm Owner's Identification Card.
23    (f) Any person who is subject to the disabilities of 18
24U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
25of 1968 because of an adjudication or commitment that occurred
26under the laws of this State or who was determined to be

 

 

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1subject to the provisions of subsections (e), (f), or (g) of
2Section 8 of this Act may apply to the Department of State
3Police requesting relief from that prohibition. The Director
4shall grant the relief if it is established by a preponderance
5of the evidence that the person will not be likely to act in a
6manner dangerous to public safety and that granting relief
7would not be contrary to the public interest. In making this
8determination, the Director shall receive evidence concerning
9(i) the circumstances regarding the firearms disabilities from
10which relief is sought; (ii) the petitioner's mental health
11and criminal history records, if any; (iii) the petitioner's
12reputation, developed at a minimum through character witness
13statements, testimony, or other character evidence; and (iv)
14changes in the petitioner's condition or circumstances since
15the disqualifying events relevant to the relief sought. If
16relief is granted under this subsection or by order of a court
17under this Section, the Director shall as soon as practicable
18but in no case later than 15 business days, update, correct,
19modify, or remove the person's record in any database that the
20Department of State Police makes available to the National
21Instant Criminal Background Check System and notify the United
22States Attorney General that the basis for the record being
23made available no longer applies. The Department of State
24Police shall adopt rules for the administration of this
25Section.
26(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78,

 

 

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1eff. 7-20-15.)
 
2    Section 10. The Unified Code of Corrections is amended by
3adding Section 3-2-13 as follows:
 
4    (730 ILCS 5/3-2-13 new)
5    Sec. 3-2-13. Possession of a Firearm Owner's
6Identification Card. The Department of Corrections shall not
7make possession of a Firearm Owner's Identification Card a
8condition of continued employment as a Department employee
9authorized to possess firearms if the employee's Firearm
10Owner's Identification Card is revoked or seized because the
11employee has been a patient of a mental health facility and the
12employee has not been determined to pose a clear and present
13danger to himself, herself, or others as determined by a
14physician, clinical psychologist, or qualified examiner.
15Nothing is this Section shall otherwise impair the
16Department's ability to determine an employee's fitness for
17duty. A collective bargaining agreement already in effect on
18this issue on the effective date of this amendatory Act of the
19102nd General Assembly cannot be modified, but on or after the
20effective date of this amendatory Act of the 102nd General
21Assembly, the Department cannot require a Firearm Owner's
22Identification Card as a condition of continued employment in
23a collective bargaining agreement. The Department shall
24document if and why an employee has been determined to pose a

 

 

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1clear and present danger. In this Section, "mental health
2facility" and "qualified examiner" have the meanings provided
3in the Mental Health and Developmental Disabilities Code.".