Full Text of HB4591 101st General Assembly
HB4591 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4591 Introduced 2/5/2020, by Rep. Dan Caulkins SYNOPSIS AS INTRODUCED: |
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430 ILCS 65/10 | from Ch. 38, par. 83-10 |
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Amends the Firearm Owners Identification Card Act. Provides that, except as otherwise provided by law, the Director of State Police shall act upon a request for relief from the denial, revocation, or seizure of a Firearm Owner's Identification Card within 60 business days of receipt of documentation as required by the Director from the person whose application for a Firearm Owner's Identification Card has been denied or whose Firearm Owner's Identification Card has been revoked or seized.
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Firearm Owners Identification Card Act is | 5 | | amended by changing Section 10 as follows:
| 6 | | (430 ILCS 65/10) (from Ch. 38, par. 83-10)
| 7 | | Sec. 10. Appeal to director; hearing; relief from firearm | 8 | | prohibitions. | 9 | | (a) Whenever an application for a Firearm Owner's | 10 | | Identification
Card is denied, whenever the Department fails to | 11 | | act on an application
within 30 days of its receipt, or | 12 | | whenever such a Card is revoked or seized
as provided for in | 13 | | Section 8 of this Act, the aggrieved party may
appeal
to the | 14 | | Director of State Police for a hearing upon
such denial, | 15 | | revocation or seizure, unless the denial, revocation, or | 16 | | seizure
was based upon a forcible felony, stalking, aggravated | 17 | | stalking, domestic
battery, any violation of the Illinois | 18 | | Controlled Substances Act, the Methamphetamine Control and | 19 | | Community Protection Act, or the
Cannabis Control Act that is | 20 | | classified as a Class 2 or greater felony,
any
felony violation | 21 | | of Article 24 of the Criminal Code of 1961 or the Criminal Code | 22 | | of 2012, or any
adjudication as a delinquent minor for the | 23 | | commission of an
offense that if committed by an adult would be |
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| 1 | | a felony, in which case the
aggrieved party may petition the | 2 | | circuit court in writing in the county of
his or her residence | 3 | | for a hearing upon such denial, revocation, or seizure.
| 4 | | (b) At least 30 days before any hearing in the circuit | 5 | | court, the
petitioner shall serve the
relevant State's Attorney | 6 | | with a copy of the petition. The State's Attorney
may object to | 7 | | the petition and present evidence. At the hearing the court
| 8 | | shall
determine whether substantial justice has been done. | 9 | | Should the court
determine that substantial justice has not | 10 | | been done, the court shall issue an
order directing the | 11 | | Department of State Police to issue a Card. However, the court | 12 | | shall not issue the order if the petitioner is otherwise | 13 | | prohibited from obtaining, possessing, or using a firearm under
| 14 | | federal law.
| 15 | | (c) Any person prohibited from possessing a firearm under | 16 | | Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or | 17 | | acquiring a Firearm Owner's
Identification Card under Section 8 | 18 | | of this Act may apply to
the Director
of State Police
or | 19 | | petition the circuit court in the county where the petitioner | 20 | | resides,
whichever is applicable in accordance with subsection | 21 | | (a) of this Section,
requesting relief
from such prohibition | 22 | | and the Director or court may grant such relief if it
is
| 23 | | established by the applicant to the court's or Director's | 24 | | satisfaction
that:
| 25 | | (0.05) when in the circuit court, the State's Attorney | 26 | | has been served
with a written
copy of the
petition at |
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| 1 | | least 30 days before any such hearing in the circuit court | 2 | | and at
the hearing the
State's Attorney was afforded an | 3 | | opportunity to present evidence and object to
the petition;
| 4 | | (1) the applicant has not been convicted of a forcible | 5 | | felony under the
laws of this State or any other | 6 | | jurisdiction within 20 years of the
applicant's | 7 | | application for a Firearm Owner's Identification Card, or | 8 | | at
least 20 years have passed since the end of any period | 9 | | of imprisonment
imposed in relation to that conviction;
| 10 | | (2) the circumstances regarding a criminal conviction, | 11 | | where applicable,
the applicant's criminal history and his | 12 | | reputation are such that the applicant
will not be likely | 13 | | to act in a manner dangerous to public safety;
| 14 | | (3) granting relief would not be contrary to the public | 15 | | interest; and | 16 | | (4) granting relief would not be contrary to federal | 17 | | law.
| 18 | | (c-5) (1) An active law enforcement officer employed by a | 19 | | unit of government, who is denied, revoked, or has his or her | 20 | | Firearm Owner's Identification Card seized under subsection | 21 | | (e) of Section 8 of this Act may apply to the Director of State | 22 | | Police requesting relief if the officer did not act in a manner | 23 | | threatening to the officer, another person, or the public as | 24 | | determined by the treating clinical psychologist or physician, | 25 | | and as a result of his or her work is referred by the employer | 26 | | for or voluntarily seeks mental health evaluation or treatment |
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| 1 | | by a licensed clinical psychologist, psychiatrist, or | 2 | | qualified examiner, and: | 3 | | (A) the officer has not received treatment | 4 | | involuntarily at a mental health facility, regardless of | 5 | | the length of admission; or has not been voluntarily | 6 | | admitted to a mental health facility for more than 30 days | 7 | | and not for more than one incident within the past 5 years; | 8 | | and | 9 | | (B) the officer has not left the mental institution | 10 | | against medical advice. | 11 | | (2) The Director of State Police shall grant expedited | 12 | | relief to active law enforcement officers described in | 13 | | paragraph (1) of this subsection (c-5) upon a determination by | 14 | | the Director that the officer's possession of a firearm does | 15 | | not present a threat to themselves, others, or public safety. | 16 | | The Director shall act on the request for relief within 30 | 17 | | business days of receipt of: | 18 | | (A) a notarized statement from the officer in the form | 19 | | prescribed by the Director detailing the circumstances | 20 | | that led to the hospitalization; | 21 | | (B) all documentation regarding the admission, | 22 | | evaluation, treatment and discharge from the treating | 23 | | licensed clinical psychologist or psychiatrist of the | 24 | | officer; | 25 | | (C) a psychological fitness for duty evaluation of the | 26 | | person completed after the time of discharge; and |
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| 1 | | (D) written confirmation in the form prescribed by the | 2 | | Director from the treating licensed clinical psychologist | 3 | | or psychiatrist that the provisions set forth in paragraph | 4 | | (1) of this subsection (c-5) have been met, the person | 5 | | successfully completed treatment, and their professional | 6 | | opinion regarding the person's ability to possess | 7 | | firearms. | 8 | | (3) Officers eligible for the expedited relief in paragraph | 9 | | (2) of this subsection (c-5) have the burden of proof on | 10 | | eligibility and must provide all information required. The | 11 | | Director may not consider granting expedited relief until the | 12 | | proof and information is received. | 13 | | (4) "Clinical psychologist", "psychiatrist", and | 14 | | "qualified examiner" shall have the same meaning as provided in | 15 | | Chapter I of the Mental Health and Developmental Disabilities | 16 | | Code. | 17 | | (c-10) (1) An applicant, who is denied, revoked, or has his | 18 | | or her Firearm Owner's Identification Card seized under | 19 | | subsection (e) of Section 8 of this Act based upon a | 20 | | determination of a developmental disability or an intellectual | 21 | | disability may apply to the Director of State Police requesting | 22 | | relief. | 23 | | (2) The Director shall act on the request for relief within | 24 | | 60 business days of receipt of written certification, in the | 25 | | form prescribed by the Director, from a physician or clinical | 26 | | psychologist, or qualified examiner, that the aggrieved |
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| 1 | | party's developmental disability or intellectual disability | 2 | | condition is determined by a physician, clinical psychologist, | 3 | | or qualified to be mild. If a fact-finding conference is | 4 | | scheduled to obtain additional information concerning the | 5 | | circumstances of the denial or revocation, the 60 business days | 6 | | the Director has to act shall be tolled until the completion of | 7 | | the fact-finding conference. | 8 | | (3) The Director may grant relief if the aggrieved party's | 9 | | developmental disability or intellectual disability is mild as | 10 | | determined by a physician, clinical psychologist, or qualified | 11 | | examiner and it is established by the applicant to the | 12 | | Director's satisfaction that: | 13 | | (A) granting relief would not be contrary to the public | 14 | | interest; and | 15 | | (B) granting relief would not be contrary to federal | 16 | | law. | 17 | | (4) The Director may not grant relief if the condition is | 18 | | determined by a physician, clinical psychologist, or qualified | 19 | | examiner to be moderate, severe, or profound. | 20 | | (5) The changes made to this Section by this amendatory Act | 21 | | of the 99th General Assembly apply to requests for
relief | 22 | | pending on or before the effective date of this amendatory Act, | 23 | | except that the 60-day period for the Director to act on | 24 | | requests pending before the effective date shall begin
on the | 25 | | effective date of this amendatory Act. | 26 | | (d) When a minor is adjudicated delinquent for an offense |
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| 1 | | which if
committed by an adult would be a felony, the court | 2 | | shall notify the Department
of State Police.
| 3 | | (e) The court shall review the denial of an application or | 4 | | the revocation of
a Firearm Owner's Identification Card of a | 5 | | person who has been adjudicated
delinquent for an offense that | 6 | | if
committed by an adult would be a felony if an
application | 7 | | for relief has been filed at least 10 years after the | 8 | | adjudication
of delinquency and the court determines that the | 9 | | applicant should be
granted relief from disability to obtain a | 10 | | Firearm Owner's Identification Card.
If the court grants | 11 | | relief, the court shall notify the Department of State
Police | 12 | | that the disability has
been removed and that the applicant is | 13 | | eligible to obtain a Firearm Owner's
Identification Card.
| 14 | | (f) Any person who is subject to the disabilities of 18 | 15 | | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act | 16 | | of 1968 because of an adjudication or commitment that occurred | 17 | | under the laws of this State or who was determined to be | 18 | | subject to the provisions of subsections (e), (f), or (g) of | 19 | | Section 8 of this Act may apply to the Department of State | 20 | | Police requesting relief from that prohibition. The Director | 21 | | shall grant the relief if it is established by a preponderance | 22 | | of the evidence that the person will not be likely to act in a | 23 | | manner dangerous to public safety and that granting relief | 24 | | would not be contrary to the public interest. In making this | 25 | | determination, the Director shall receive evidence concerning | 26 | | (i) the circumstances regarding the firearms disabilities from |
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| 1 | | which relief is sought; (ii) the petitioner's mental health and | 2 | | criminal history records, if any; (iii) the petitioner's | 3 | | reputation, developed at a minimum through character witness | 4 | | statements, testimony, or other character evidence; and (iv) | 5 | | changes in the petitioner's condition or circumstances since | 6 | | the disqualifying events relevant to the relief sought. If | 7 | | relief is granted under this subsection or by order of a court | 8 | | under this Section, the Director shall as soon as practicable | 9 | | but in no case later than 15 business days, update, correct, | 10 | | modify, or remove the person's record in any database that the | 11 | | Department of State Police makes available to the National | 12 | | Instant Criminal Background Check System and notify the United | 13 | | States Attorney General that the basis for the record being | 14 | | made available no longer applies. The Department of State | 15 | | Police shall adopt rules for the administration of this | 16 | | Section. | 17 | | (g) Except as otherwise provided for in subsections (a) and | 18 | | (c-5), the Director of State Police shall act upon a request | 19 | | for relief from the denial, revocation, or seizure of a Firearm | 20 | | Owner's Identification Card within 60 business days of receipt | 21 | | of documentation as required by the Director from the person | 22 | | whose application for a Firearm Owner's Identification Card has | 23 | | been denied or whose Firearm Owner's Identification Card has | 24 | | been revoked or seized. | 25 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78, | 26 | | eff. 7-20-15.)
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