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Public Act 102-0237 | ||||
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| ||||
AN ACT concerning regulation.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 3. The Open Meetings Act is amended by changing | ||||
Section 2 as follows:
| ||||
(5 ILCS 120/2) (from Ch. 102, par. 42)
| ||||
(Text of Section before amendment by P.A. 101-652 )
| ||||
Sec. 2. Open meetings.
| ||||
(a) Openness required. All meetings of public
bodies shall | ||||
be open to the public unless excepted in subsection (c)
and | ||||
closed in accordance with Section 2a.
| ||||
(b) Construction of exceptions. The exceptions contained | ||||
in subsection
(c) are in derogation of the requirement that | ||||
public bodies
meet in the open, and therefore, the exceptions | ||||
are to be strictly
construed, extending only to subjects | ||||
clearly within their scope.
The exceptions authorize but do | ||||
not require the holding of
a closed meeting to discuss a | ||||
subject included within an enumerated exception.
| ||||
(c) Exceptions. A public body may hold closed meetings to | ||||
consider the
following subjects:
| ||||
(1) The appointment, employment, compensation, | ||||
discipline, performance,
or dismissal of specific | ||||
employees, specific individuals who serve as independent |
contractors in a park, recreational, or educational | ||
setting, or specific volunteers of the public body or | ||
legal counsel for
the public body, including hearing
| ||
testimony on a complaint lodged against an employee, a | ||
specific individual who serves as an independent | ||
contractor in a park, recreational, or educational | ||
setting, or a volunteer of the public body or
against | ||
legal counsel for the public body to determine its | ||
validity. However, a meeting to consider an increase in | ||
compensation to a specific employee of a public body that | ||
is subject to the Local Government Wage Increase | ||
Transparency Act may not be closed and shall be open to the | ||
public and posted and held in accordance with this Act.
| ||
(2) Collective negotiating matters between the public | ||
body and its
employees or their representatives, or | ||
deliberations concerning salary
schedules for one or more | ||
classes of employees.
| ||
(3) The selection of a person to fill a public office,
| ||
as defined in this Act, including a vacancy in a public | ||
office, when the public
body is given power to appoint | ||
under law or ordinance, or the discipline,
performance or | ||
removal of the occupant of a public office, when the | ||
public body
is given power to remove the occupant under | ||
law or ordinance.
| ||
(4) Evidence or testimony presented in open hearing, | ||
or in closed
hearing where specifically authorized by law, |
to
a quasi-adjudicative body, as defined in this Act, | ||
provided that the body
prepares and makes available for | ||
public inspection a written decision
setting forth its | ||
determinative reasoning.
| ||
(5) The purchase or lease of real property for the use | ||
of
the public body, including meetings held for the | ||
purpose of discussing
whether a particular parcel should | ||
be acquired.
| ||
(6) The setting of a price for sale or lease of | ||
property owned
by the public body.
| ||
(7) The sale or purchase of securities, investments, | ||
or investment
contracts. This exception shall not apply to | ||
the investment of assets or income of funds deposited into | ||
the Illinois Prepaid Tuition Trust Fund.
| ||
(8) Security procedures, school building safety and | ||
security, and the use of personnel and
equipment to | ||
respond to an actual, a threatened, or a reasonably
| ||
potential danger to the safety of employees, students, | ||
staff, the public, or
public
property.
| ||
(9) Student disciplinary cases.
| ||
(10) The placement of individual students in special | ||
education
programs and other matters relating to | ||
individual students.
| ||
(11) Litigation, when an action against, affecting or | ||
on behalf of the
particular public body has been filed and | ||
is pending before a court or
administrative tribunal, or |
when the public body finds that an action is
probable or | ||
imminent, in which case the basis for the finding shall be
| ||
recorded and entered into the minutes of the closed | ||
meeting.
| ||
(12) The establishment of reserves or settlement of | ||
claims as provided
in the Local Governmental and | ||
Governmental Employees Tort Immunity Act, if
otherwise the | ||
disposition of a claim or potential claim might be
| ||
prejudiced, or the review or discussion of claims, loss or | ||
risk management
information, records, data, advice or | ||
communications from or with respect
to any insurer of the | ||
public body or any intergovernmental risk management
| ||
association or self insurance pool of which the public | ||
body is a member.
| ||
(13) Conciliation of complaints of discrimination in | ||
the sale or rental
of housing, when closed meetings are | ||
authorized by the law or ordinance
prescribing fair | ||
housing practices and creating a commission or
| ||
administrative agency for their enforcement.
| ||
(14) Informant sources, the hiring or assignment of | ||
undercover personnel
or equipment, or ongoing, prior or | ||
future criminal investigations, when
discussed by a public | ||
body with criminal investigatory responsibilities.
| ||
(15) Professional ethics or performance when | ||
considered by an advisory
body appointed to advise a | ||
licensing or regulatory agency on matters
germane to the |
advisory body's field of competence.
| ||
(16) Self evaluation, practices and procedures or | ||
professional ethics,
when meeting with a representative of | ||
a statewide association of which the
public body is a | ||
member.
| ||
(17) The recruitment, credentialing, discipline or | ||
formal peer review
of physicians or other
health care | ||
professionals, or for the discussion of matters protected | ||
under the federal Patient Safety and Quality Improvement | ||
Act of 2005, and the regulations promulgated thereunder, | ||
including 42 C.F.R. Part 3 (73 FR 70732), or the federal | ||
Health Insurance Portability and Accountability Act of | ||
1996, and the regulations promulgated thereunder, | ||
including 45 C.F.R. Parts 160, 162, and 164, by a | ||
hospital, or
other institution providing medical care, | ||
that is operated by the public body.
| ||
(18) Deliberations for decisions of the Prisoner | ||
Review Board.
| ||
(19) Review or discussion of applications received | ||
under the
Experimental Organ Transplantation Procedures | ||
Act.
| ||
(20) The classification and discussion of matters | ||
classified as
confidential or continued confidential by | ||
the State Government Suggestion Award
Board.
| ||
(21) Discussion of minutes of meetings lawfully closed | ||
under this Act,
whether for purposes of approval by the |
body of the minutes or semi-annual
review of the minutes | ||
as mandated by Section 2.06.
| ||
(22) Deliberations for decisions of the State
| ||
Emergency Medical Services Disciplinary
Review Board.
| ||
(23) The operation by a municipality of a municipal | ||
utility or the
operation of a
municipal power agency or | ||
municipal natural gas agency when the
discussion involves | ||
(i) contracts relating to the
purchase, sale, or delivery | ||
of electricity or natural gas or (ii) the results
or | ||
conclusions of load forecast studies.
| ||
(24) Meetings of a residential health care facility | ||
resident sexual
assault and death review
team or
the | ||
Executive
Council under the Abuse Prevention Review
Team | ||
Act.
| ||
(25) Meetings of an independent team of experts under | ||
Brian's Law. | ||
(26) Meetings of a mortality review team appointed | ||
under the Department of Juvenile Justice Mortality Review | ||
Team Act. | ||
(27) (Blank). | ||
(28) Correspondence and records (i) that may not be | ||
disclosed under Section 11-9 of the Illinois Public Aid | ||
Code or (ii) that pertain to appeals under Section 11-8 of | ||
the Illinois Public Aid Code. | ||
(29) Meetings between internal or external auditors | ||
and governmental audit committees, finance committees, and |
their equivalents, when the discussion involves internal | ||
control weaknesses, identification of potential fraud risk | ||
areas, known or suspected frauds, and fraud interviews | ||
conducted in accordance with generally accepted auditing | ||
standards of the United States of America. | ||
(30) Those meetings or portions of meetings of a | ||
fatality review team or the Illinois Fatality Review Team | ||
Advisory Council during which a review of the death of an | ||
eligible adult in which abuse or neglect is suspected, | ||
alleged, or substantiated is conducted pursuant to Section | ||
15 of the Adult Protective Services Act. | ||
(31) Meetings and deliberations for decisions of the | ||
Concealed Carry Licensing Review Board under the Firearm | ||
Concealed Carry Act. | ||
(32) Meetings between the Regional Transportation | ||
Authority Board and its Service Boards when the discussion | ||
involves review by the Regional Transportation Authority | ||
Board of employment contracts under Section 28d of the | ||
Metropolitan Transit Authority Act and Sections 3A.18 and | ||
3B.26 of the Regional Transportation Authority Act. | ||
(33) Those meetings or portions of meetings of the | ||
advisory committee and peer review subcommittee created | ||
under Section 320 of the Illinois Controlled Substances | ||
Act during which specific controlled substance prescriber, | ||
dispenser, or patient information is discussed. | ||
(34) Meetings of the Tax Increment Financing Reform |
Task Force under Section 2505-800 of the Department of | ||
Revenue Law of the Civil Administrative Code of Illinois. | ||
(35) Meetings of the group established to discuss | ||
Medicaid capitation rates under Section 5-30.8 of the | ||
Illinois Public Aid Code. | ||
(36) Those deliberations or portions of deliberations | ||
for decisions of the Illinois Gaming Board in which there | ||
is discussed any of the following: (i) personal, | ||
commercial, financial, or other information obtained from | ||
any source that is privileged, proprietary, confidential, | ||
or a trade secret; or (ii) information specifically | ||
exempted from the disclosure by federal or State law. | ||
(d) Definitions. For purposes of this Section:
| ||
"Employee" means a person employed by a public body whose | ||
relationship
with the public body constitutes an | ||
employer-employee relationship under
the usual common law | ||
rules, and who is not an independent contractor.
| ||
"Public office" means a position created by or under the
| ||
Constitution or laws of this State, the occupant of which is | ||
charged with
the exercise of some portion of the sovereign | ||
power of this State. The term
"public office" shall include | ||
members of the public body, but it shall not
include | ||
organizational positions filled by members thereof, whether
| ||
established by law or by a public body itself, that exist to | ||
assist the
body in the conduct of its business.
| ||
"Quasi-adjudicative body" means an administrative body |
charged by law or
ordinance with the responsibility to conduct | ||
hearings, receive evidence or
testimony and make | ||
determinations based
thereon, but does not include
local | ||
electoral boards when such bodies are considering petition | ||
challenges.
| ||
(e) Final action. No final action may be taken at a closed | ||
meeting.
Final action shall be preceded by a public recital of | ||
the nature of the
matter being considered and other | ||
information that will inform the
public of the business being | ||
conducted.
| ||
(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17; | ||
100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff. | ||
8-23-19; revised 9-27-19.) | ||
(Text of Section after amendment by P.A. 101-652 )
| ||
Sec. 2. Open meetings.
| ||
(a) Openness required. All meetings of public
bodies shall | ||
be open to the public unless excepted in subsection (c)
and | ||
closed in accordance with Section 2a.
| ||
(b) Construction of exceptions. The exceptions contained | ||
in subsection
(c) are in derogation of the requirement that | ||
public bodies
meet in the open, and therefore, the exceptions | ||
are to be strictly
construed, extending only to subjects | ||
clearly within their scope.
The exceptions authorize but do | ||
not require the holding of
a closed meeting to discuss a | ||
subject included within an enumerated exception.
|
(c) Exceptions. A public body may hold closed meetings to | ||
consider the
following subjects:
| ||
(1) The appointment, employment, compensation, | ||
discipline, performance,
or dismissal of specific | ||
employees, specific individuals who serve as independent | ||
contractors in a park, recreational, or educational | ||
setting, or specific volunteers of the public body or | ||
legal counsel for
the public body, including hearing
| ||
testimony on a complaint lodged against an employee, a | ||
specific individual who serves as an independent | ||
contractor in a park, recreational, or educational | ||
setting, or a volunteer of the public body or
against | ||
legal counsel for the public body to determine its | ||
validity. However, a meeting to consider an increase in | ||
compensation to a specific employee of a public body that | ||
is subject to the Local Government Wage Increase | ||
Transparency Act may not be closed and shall be open to the | ||
public and posted and held in accordance with this Act.
| ||
(2) Collective negotiating matters between the public | ||
body and its
employees or their representatives, or | ||
deliberations concerning salary
schedules for one or more | ||
classes of employees.
| ||
(3) The selection of a person to fill a public office,
| ||
as defined in this Act, including a vacancy in a public | ||
office, when the public
body is given power to appoint | ||
under law or ordinance, or the discipline,
performance or |
removal of the occupant of a public office, when the | ||
public body
is given power to remove the occupant under | ||
law or ordinance.
| ||
(4) Evidence or testimony presented in open hearing, | ||
or in closed
hearing where specifically authorized by law, | ||
to
a quasi-adjudicative body, as defined in this Act, | ||
provided that the body
prepares and makes available for | ||
public inspection a written decision
setting forth its | ||
determinative reasoning.
| ||
(5) The purchase or lease of real property for the use | ||
of
the public body, including meetings held for the | ||
purpose of discussing
whether a particular parcel should | ||
be acquired.
| ||
(6) The setting of a price for sale or lease of | ||
property owned
by the public body.
| ||
(7) The sale or purchase of securities, investments, | ||
or investment
contracts. This exception shall not apply to | ||
the investment of assets or income of funds deposited into | ||
the Illinois Prepaid Tuition Trust Fund.
| ||
(8) Security procedures, school building safety and | ||
security, and the use of personnel and
equipment to | ||
respond to an actual, a threatened, or a reasonably
| ||
potential danger to the safety of employees, students, | ||
staff, the public, or
public
property.
| ||
(9) Student disciplinary cases.
| ||
(10) The placement of individual students in special |
education
programs and other matters relating to | ||
individual students.
| ||
(11) Litigation, when an action against, affecting or | ||
on behalf of the
particular public body has been filed and | ||
is pending before a court or
administrative tribunal, or | ||
when the public body finds that an action is
probable or | ||
imminent, in which case the basis for the finding shall be
| ||
recorded and entered into the minutes of the closed | ||
meeting.
| ||
(12) The establishment of reserves or settlement of | ||
claims as provided
in the Local Governmental and | ||
Governmental Employees Tort Immunity Act, if
otherwise the | ||
disposition of a claim or potential claim might be
| ||
prejudiced, or the review or discussion of claims, loss or | ||
risk management
information, records, data, advice or | ||
communications from or with respect
to any insurer of the | ||
public body or any intergovernmental risk management
| ||
association or self insurance pool of which the public | ||
body is a member.
| ||
(13) Conciliation of complaints of discrimination in | ||
the sale or rental
of housing, when closed meetings are | ||
authorized by the law or ordinance
prescribing fair | ||
housing practices and creating a commission or
| ||
administrative agency for their enforcement.
| ||
(14) Informant sources, the hiring or assignment of | ||
undercover personnel
or equipment, or ongoing, prior or |
future criminal investigations, when
discussed by a public | ||
body with criminal investigatory responsibilities.
| ||
(15) Professional ethics or performance when | ||
considered by an advisory
body appointed to advise a | ||
licensing or regulatory agency on matters
germane to the | ||
advisory body's field of competence.
| ||
(16) Self evaluation, practices and procedures or | ||
professional ethics,
when meeting with a representative of | ||
a statewide association of which the
public body is a | ||
member.
| ||
(17) The recruitment, credentialing, discipline or | ||
formal peer review
of physicians or other
health care | ||
professionals, or for the discussion of matters protected | ||
under the federal Patient Safety and Quality Improvement | ||
Act of 2005, and the regulations promulgated thereunder, | ||
including 42 C.F.R. Part 3 (73 FR 70732), or the federal | ||
Health Insurance Portability and Accountability Act of | ||
1996, and the regulations promulgated thereunder, | ||
including 45 C.F.R. Parts 160, 162, and 164, by a | ||
hospital, or
other institution providing medical care, | ||
that is operated by the public body.
| ||
(18) Deliberations for decisions of the Prisoner | ||
Review Board.
| ||
(19) Review or discussion of applications received | ||
under the
Experimental Organ Transplantation Procedures | ||
Act.
|
(20) The classification and discussion of matters | ||
classified as
confidential or continued confidential by | ||
the State Government Suggestion Award
Board.
| ||
(21) Discussion of minutes of meetings lawfully closed | ||
under this Act,
whether for purposes of approval by the | ||
body of the minutes or semi-annual
review of the minutes | ||
as mandated by Section 2.06.
| ||
(22) Deliberations for decisions of the State
| ||
Emergency Medical Services Disciplinary
Review Board.
| ||
(23) The operation by a municipality of a municipal | ||
utility or the
operation of a
municipal power agency or | ||
municipal natural gas agency when the
discussion involves | ||
(i) contracts relating to the
purchase, sale, or delivery | ||
of electricity or natural gas or (ii) the results
or | ||
conclusions of load forecast studies.
| ||
(24) Meetings of a residential health care facility | ||
resident sexual
assault and death review
team or
the | ||
Executive
Council under the Abuse Prevention Review
Team | ||
Act.
| ||
(25) Meetings of an independent team of experts under | ||
Brian's Law. | ||
(26) Meetings of a mortality review team appointed | ||
under the Department of Juvenile Justice Mortality Review | ||
Team Act. | ||
(27) (Blank). | ||
(28) Correspondence and records (i) that may not be |
disclosed under Section 11-9 of the Illinois Public Aid | ||
Code or (ii) that pertain to appeals under Section 11-8 of | ||
the Illinois Public Aid Code. | ||
(29) Meetings between internal or external auditors | ||
and governmental audit committees, finance committees, and | ||
their equivalents, when the discussion involves internal | ||
control weaknesses, identification of potential fraud risk | ||
areas, known or suspected frauds, and fraud interviews | ||
conducted in accordance with generally accepted auditing | ||
standards of the United States of America. | ||
(30) Those meetings or portions of meetings of a | ||
fatality review team or the Illinois Fatality Review Team | ||
Advisory Council during which a review of the death of an | ||
eligible adult in which abuse or neglect is suspected, | ||
alleged, or substantiated is conducted pursuant to Section | ||
15 of the Adult Protective Services Act. | ||
(31) Meetings and deliberations for decisions of the | ||
Concealed Carry Licensing Review Board under the Firearm | ||
Concealed Carry Act. | ||
(32) Meetings between the Regional Transportation | ||
Authority Board and its Service Boards when the discussion | ||
involves review by the Regional Transportation Authority | ||
Board of employment contracts under Section 28d of the | ||
Metropolitan Transit Authority Act and Sections 3A.18 and | ||
3B.26 of the Regional Transportation Authority Act. | ||
(33) Those meetings or portions of meetings of the |
advisory committee and peer review subcommittee created | ||
under Section 320 of the Illinois Controlled Substances | ||
Act during which specific controlled substance prescriber, | ||
dispenser, or patient information is discussed. | ||
(34) Meetings of the Tax Increment Financing Reform | ||
Task Force under Section 2505-800 of the Department of | ||
Revenue Law of the Civil Administrative Code of Illinois. | ||
(35) Meetings of the group established to discuss | ||
Medicaid capitation rates under Section 5-30.8 of the | ||
Illinois Public Aid Code. | ||
(36) Those deliberations or portions of deliberations | ||
for decisions of the Illinois Gaming Board in which there | ||
is discussed any of the following: (i) personal, | ||
commercial, financial, or other information obtained from | ||
any source that is privileged, proprietary, confidential, | ||
or a trade secret; or (ii) information specifically | ||
exempted from the disclosure by federal or State law. | ||
(37) Deliberations for decisions of the Illinois Law
| ||
Enforcement Training Standards Board, the Certification | ||
Review Panel, and the Illinois State Police Merit Board | ||
regarding certification and decertification. | ||
(38) Meetings of the Firearm Owner's Identification | ||
Card Review Board under Section 10 of the Firearm Owners | ||
Identification Card Act. | ||
(d) Definitions. For purposes of this Section:
| ||
"Employee" means a person employed by a public body whose |
relationship
with the public body constitutes an | ||
employer-employee relationship under
the usual common law | ||
rules, and who is not an independent contractor.
| ||
"Public office" means a position created by or under the
| ||
Constitution or laws of this State, the occupant of which is | ||
charged with
the exercise of some portion of the sovereign | ||
power of this State. The term
"public office" shall include | ||
members of the public body, but it shall not
include | ||
organizational positions filled by members thereof, whether
| ||
established by law or by a public body itself, that exist to | ||
assist the
body in the conduct of its business.
| ||
"Quasi-adjudicative body" means an administrative body | ||
charged by law or
ordinance with the responsibility to conduct | ||
hearings, receive evidence or
testimony and make | ||
determinations based
thereon, but does not include
local | ||
electoral boards when such bodies are considering petition | ||
challenges.
| ||
(e) Final action. No final action may be taken at a closed | ||
meeting.
Final action shall be preceded by a public recital of | ||
the nature of the
matter being considered and other | ||
information that will inform the
public of the business being | ||
conducted.
| ||
(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17; | ||
100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff. | ||
8-23-19; 101-652, eff. 1-1-22.) |
Section 5. The Freedom of Information Act is amended by | ||
changing Section 7.5 as follows:
| ||
(5 ILCS 140/7.5)
| ||
(Text of Section before amendment by P.A. 101-652 ) | ||
Sec. 7.5. Statutory exemptions. To the extent provided for | ||
by the statutes referenced below, the following shall be | ||
exempt from inspection and copying: | ||
(a) All information determined to be confidential | ||
under Section 4002 of the Technology Advancement and | ||
Development Act. | ||
(b) Library circulation and order records identifying | ||
library users with specific materials under the Library | ||
Records Confidentiality Act. | ||
(c) Applications, related documents, and medical | ||
records received by the Experimental Organ Transplantation | ||
Procedures Board and any and all documents or other | ||
records prepared by the Experimental Organ Transplantation | ||
Procedures Board or its staff relating to applications it | ||
has received. | ||
(d) Information and records held by the Department of | ||
Public Health and its authorized representatives relating | ||
to known or suspected cases of sexually transmissible | ||
disease or any information the disclosure of which is | ||
restricted under the Illinois Sexually Transmissible | ||
Disease Control Act. |
(e) Information the disclosure of which is exempted | ||
under Section 30 of the Radon Industry Licensing Act. | ||
(f) Firm performance evaluations under Section 55 of | ||
the Architectural, Engineering, and Land Surveying | ||
Qualifications Based Selection Act. | ||
(g) Information the disclosure of which is restricted | ||
and exempted under Section 50 of the Illinois Prepaid | ||
Tuition Act. | ||
(h) Information the disclosure of which is exempted | ||
under the State Officials and Employees Ethics Act, and | ||
records of any lawfully created State or local inspector | ||
general's office that would be exempt if created or | ||
obtained by an Executive Inspector General's office under | ||
that Act. | ||
(i) Information contained in a local emergency energy | ||
plan submitted to a municipality in accordance with a | ||
local emergency energy plan ordinance that is adopted | ||
under Section 11-21.5-5 of the Illinois Municipal Code. | ||
(j) Information and data concerning the distribution | ||
of surcharge moneys collected and remitted by carriers | ||
under the Emergency Telephone System Act. | ||
(k) Law enforcement officer identification information | ||
or driver identification information compiled by a law | ||
enforcement agency or the Department of Transportation | ||
under Section 11-212 of the Illinois Vehicle Code. | ||
(l) Records and information provided to a residential |
health care facility resident sexual assault and death | ||
review team or the Executive Council under the Abuse | ||
Prevention Review Team Act. | ||
(m) Information provided to the predatory lending | ||
database created pursuant to Article 3 of the Residential | ||
Real Property Disclosure Act, except to the extent | ||
authorized under that Article. | ||
(n) Defense budgets and petitions for certification of | ||
compensation and expenses for court appointed trial | ||
counsel as provided under Sections 10 and 15 of the | ||
Capital Crimes Litigation Act. This subsection (n) shall | ||
apply until the conclusion of the trial of the case, even | ||
if the prosecution chooses not to pursue the death penalty | ||
prior to trial or sentencing. | ||
(o) Information that is prohibited from being | ||
disclosed under Section 4 of the Illinois Health and | ||
Hazardous Substances Registry Act. | ||
(p) Security portions of system safety program plans, | ||
investigation reports, surveys, schedules, lists, data, or | ||
information compiled, collected, or prepared by or for the | ||
Regional Transportation Authority under Section 2.11 of | ||
the Regional Transportation Authority Act or the St. Clair | ||
County Transit District under the Bi-State Transit Safety | ||
Act. | ||
(q) Information prohibited from being disclosed by the | ||
Personnel Record Review Act. |
(r) Information prohibited from being disclosed by the | ||
Illinois School Student Records Act. | ||
(s) Information the disclosure of which is restricted | ||
under Section 5-108 of the Public Utilities Act.
| ||
(t) All identified or deidentified health information | ||
in the form of health data or medical records contained | ||
in, stored in, submitted to, transferred by, or released | ||
from the Illinois Health Information Exchange, and | ||
identified or deidentified health information in the form | ||
of health data and medical records of the Illinois Health | ||
Information Exchange in the possession of the Illinois | ||
Health Information Exchange Office due to its | ||
administration of the Illinois Health Information | ||
Exchange. The terms "identified" and "deidentified" shall | ||
be given the same meaning as in the Health Insurance | ||
Portability and Accountability Act of 1996, Public Law | ||
104-191, or any subsequent amendments thereto, and any | ||
regulations promulgated thereunder. | ||
(u) Records and information provided to an independent | ||
team of experts under the Developmental Disability and | ||
Mental Health Safety Act (also known as Brian's Law). | ||
(v) Names and information of people who have applied | ||
for or received Firearm Owner's Identification Cards under | ||
the Firearm Owners Identification Card Act or applied for | ||
or received a concealed carry license under the Firearm | ||
Concealed Carry Act, unless otherwise authorized by the |
Firearm Concealed Carry Act; and databases under the | ||
Firearm Concealed Carry Act, records of the Concealed | ||
Carry Licensing Review Board under the Firearm Concealed | ||
Carry Act, and law enforcement agency objections under the | ||
Firearm Concealed Carry Act. | ||
(w) Personally identifiable information which is | ||
exempted from disclosure under subsection (g) of Section | ||
19.1 of the Toll Highway Act. | ||
(x) Information which is exempted from disclosure | ||
under Section 5-1014.3 of the Counties Code or Section | ||
8-11-21 of the Illinois Municipal Code. | ||
(y) Confidential information under the Adult | ||
Protective Services Act and its predecessor enabling | ||
statute, the Elder Abuse and Neglect Act, including | ||
information about the identity and administrative finding | ||
against any caregiver of a verified and substantiated | ||
decision of abuse, neglect, or financial exploitation of | ||
an eligible adult maintained in the Registry established | ||
under Section 7.5 of the Adult Protective Services Act. | ||
(z) Records and information provided to a fatality | ||
review team or the Illinois Fatality Review Team Advisory | ||
Council under Section 15 of the Adult Protective Services | ||
Act. | ||
(aa) Information which is exempted from disclosure | ||
under Section 2.37 of the Wildlife Code. | ||
(bb) Information which is or was prohibited from |
disclosure by the Juvenile Court Act of 1987. | ||
(cc) Recordings made under the Law Enforcement | ||
Officer-Worn Body Camera Act, except to the extent | ||
authorized under that Act. | ||
(dd) Information that is prohibited from being | ||
disclosed under Section 45 of the Condominium and Common | ||
Interest Community Ombudsperson Act. | ||
(ee) Information that is exempted from disclosure | ||
under Section 30.1 of the Pharmacy Practice Act. | ||
(ff) Information that is exempted from disclosure | ||
under the Revised Uniform Unclaimed Property Act. | ||
(gg) Information that is prohibited from being | ||
disclosed under Section 7-603.5 of the Illinois Vehicle | ||
Code. | ||
(hh) Records that are exempt from disclosure under | ||
Section 1A-16.7 of the Election Code. | ||
(ii) Information which is exempted from disclosure | ||
under Section 2505-800 of the Department of Revenue Law of | ||
the Civil Administrative Code of Illinois. | ||
(jj) Information and reports that are required to be | ||
submitted to the Department of Labor by registering day | ||
and temporary labor service agencies but are exempt from | ||
disclosure under subsection (a-1) of Section 45 of the Day | ||
and Temporary Labor Services Act. | ||
(kk) Information prohibited from disclosure under the | ||
Seizure and Forfeiture Reporting Act. |
(ll) Information the disclosure of which is restricted | ||
and exempted under Section 5-30.8 of the Illinois Public | ||
Aid Code. | ||
(mm) Records that are exempt from disclosure under | ||
Section 4.2 of the Crime Victims Compensation Act. | ||
(nn) Information that is exempt from disclosure under | ||
Section 70 of the Higher Education Student Assistance Act. | ||
(oo) Communications, notes, records, and reports | ||
arising out of a peer support counseling session | ||
prohibited from disclosure under the First Responders | ||
Suicide Prevention Act. | ||
(pp) Names and all identifying information relating to | ||
an employee of an emergency services provider or law | ||
enforcement agency under the First Responders Suicide | ||
Prevention Act. | ||
(qq) Information and records held by the Department of | ||
Public Health and its authorized representatives collected | ||
under the Reproductive Health Act. | ||
(rr) Information that is exempt from disclosure under | ||
the Cannabis Regulation and Tax Act. | ||
(ss) Data reported by an employer to the Department of | ||
Human Rights pursuant to Section 2-108 of the Illinois | ||
Human Rights Act. | ||
(tt) Recordings made under the Children's Advocacy | ||
Center Act, except to the extent authorized under that | ||
Act. |
(uu) Information that is exempt from disclosure under | ||
Section 50 of the Sexual Assault Evidence Submission Act. | ||
(vv) Information that is exempt from disclosure under | ||
subsections (f) and (j) of Section 5-36 of the Illinois | ||
Public Aid Code. | ||
(ww) Information that is exempt from disclosure under | ||
Section 16.8 of the State Treasurer Act. | ||
(xx) Information that is exempt from disclosure or | ||
information that shall not be made public under the | ||
Illinois Insurance Code. | ||
(yy) Information prohibited from being disclosed under | ||
the Illinois Educational Labor Relations Act. | ||
(zz) Information prohibited from being disclosed under | ||
the Illinois Public Labor Relations Act. | ||
(aaa) Information prohibited from being disclosed | ||
under Section 1-167 of the Illinois Pension Code. | ||
(bbb) Information that is exempt from disclosure under | ||
subsection (k) of Section 11 of the Equal Pay Act of 2003. | ||
(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | ||
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | ||
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | ||
eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | ||
100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff. | ||
6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, | ||
eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; | ||
101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. |
1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649, | ||
eff. 7-7-20; 101-656, eff. 3-23-21.) | ||
(Text of Section after amendment by P.A. 101-652 )
| ||
Sec. 7.5. Statutory exemptions. To the extent provided for | ||
by the statutes referenced below, the following shall be | ||
exempt from inspection and copying: | ||
(a) All information determined to be confidential | ||
under Section 4002 of the Technology Advancement and | ||
Development Act. | ||
(b) Library circulation and order records identifying | ||
library users with specific materials under the Library | ||
Records Confidentiality Act. | ||
(c) Applications, related documents, and medical | ||
records received by the Experimental Organ Transplantation | ||
Procedures Board and any and all documents or other | ||
records prepared by the Experimental Organ Transplantation | ||
Procedures Board or its staff relating to applications it | ||
has received. | ||
(d) Information and records held by the Department of | ||
Public Health and its authorized representatives relating | ||
to known or suspected cases of sexually transmissible | ||
disease or any information the disclosure of which is | ||
restricted under the Illinois Sexually Transmissible | ||
Disease Control Act. | ||
(e) Information the disclosure of which is exempted |
under Section 30 of the Radon Industry Licensing Act. | ||
(f) Firm performance evaluations under Section 55 of | ||
the Architectural, Engineering, and Land Surveying | ||
Qualifications Based Selection Act. | ||
(g) Information the disclosure of which is restricted | ||
and exempted under Section 50 of the Illinois Prepaid | ||
Tuition Act. | ||
(h) Information the disclosure of which is exempted | ||
under the State Officials and Employees Ethics Act, and | ||
records of any lawfully created State or local inspector | ||
general's office that would be exempt if created or | ||
obtained by an Executive Inspector General's office under | ||
that Act. | ||
(i) Information contained in a local emergency energy | ||
plan submitted to a municipality in accordance with a | ||
local emergency energy plan ordinance that is adopted | ||
under Section 11-21.5-5 of the Illinois Municipal Code. | ||
(j) Information and data concerning the distribution | ||
of surcharge moneys collected and remitted by carriers | ||
under the Emergency Telephone System Act. | ||
(k) Law enforcement officer identification information | ||
or driver identification information compiled by a law | ||
enforcement agency or the Department of Transportation | ||
under Section 11-212 of the Illinois Vehicle Code. | ||
(l) Records and information provided to a residential | ||
health care facility resident sexual assault and death |
review team or the Executive Council under the Abuse | ||
Prevention Review Team Act. | ||
(m) Information provided to the predatory lending | ||
database created pursuant to Article 3 of the Residential | ||
Real Property Disclosure Act, except to the extent | ||
authorized under that Article. | ||
(n) Defense budgets and petitions for certification of | ||
compensation and expenses for court appointed trial | ||
counsel as provided under Sections 10 and 15 of the | ||
Capital Crimes Litigation Act. This subsection (n) shall | ||
apply until the conclusion of the trial of the case, even | ||
if the prosecution chooses not to pursue the death penalty | ||
prior to trial or sentencing. | ||
(o) Information that is prohibited from being | ||
disclosed under Section 4 of the Illinois Health and | ||
Hazardous Substances Registry Act. | ||
(p) Security portions of system safety program plans, | ||
investigation reports, surveys, schedules, lists, data, or | ||
information compiled, collected, or prepared by or for the | ||
Regional Transportation Authority under Section 2.11 of | ||
the Regional Transportation Authority Act or the St. Clair | ||
County Transit District under the Bi-State Transit Safety | ||
Act. | ||
(q) Information prohibited from being disclosed by the | ||
Personnel Record Review Act. | ||
(r) Information prohibited from being disclosed by the |
Illinois School Student Records Act. | ||
(s) Information the disclosure of which is restricted | ||
under Section 5-108 of the Public Utilities Act.
| ||
(t) All identified or deidentified health information | ||
in the form of health data or medical records contained | ||
in, stored in, submitted to, transferred by, or released | ||
from the Illinois Health Information Exchange, and | ||
identified or deidentified health information in the form | ||
of health data and medical records of the Illinois Health | ||
Information Exchange in the possession of the Illinois | ||
Health Information Exchange Office due to its | ||
administration of the Illinois Health Information | ||
Exchange. The terms "identified" and "deidentified" shall | ||
be given the same meaning as in the Health Insurance | ||
Portability and Accountability Act of 1996, Public Law | ||
104-191, or any subsequent amendments thereto, and any | ||
regulations promulgated thereunder. | ||
(u) Records and information provided to an independent | ||
team of experts under the Developmental Disability and | ||
Mental Health Safety Act (also known as Brian's Law). | ||
(v) Names and information of people who have applied | ||
for or received Firearm Owner's Identification Cards under | ||
the Firearm Owners Identification Card Act or applied for | ||
or received a concealed carry license under the Firearm | ||
Concealed Carry Act, unless otherwise authorized by the | ||
Firearm Concealed Carry Act; and databases under the |
Firearm Concealed Carry Act, records of the Concealed | ||
Carry Licensing Review Board under the Firearm Concealed | ||
Carry Act, and law enforcement agency objections under the | ||
Firearm Concealed Carry Act. | ||
(v-5) Records of the Firearm Owner's Identification | ||
Card Review Board that are exempted from disclosure under | ||
Section 10 of the Firearm Owners Identification Card Act. | ||
(w) Personally identifiable information which is | ||
exempted from disclosure under subsection (g) of Section | ||
19.1 of the Toll Highway Act. | ||
(x) Information which is exempted from disclosure | ||
under Section 5-1014.3 of the Counties Code or Section | ||
8-11-21 of the Illinois Municipal Code. | ||
(y) Confidential information under the Adult | ||
Protective Services Act and its predecessor enabling | ||
statute, the Elder Abuse and Neglect Act, including | ||
information about the identity and administrative finding | ||
against any caregiver of a verified and substantiated | ||
decision of abuse, neglect, or financial exploitation of | ||
an eligible adult maintained in the Registry established | ||
under Section 7.5 of the Adult Protective Services Act. | ||
(z) Records and information provided to a fatality | ||
review team or the Illinois Fatality Review Team Advisory | ||
Council under Section 15 of the Adult Protective Services | ||
Act. | ||
(aa) Information which is exempted from disclosure |
under Section 2.37 of the Wildlife Code. | ||
(bb) Information which is or was prohibited from | ||
disclosure by the Juvenile Court Act of 1987. | ||
(cc) Recordings made under the Law Enforcement | ||
Officer-Worn Body Camera Act, except to the extent | ||
authorized under that Act. | ||
(dd) Information that is prohibited from being | ||
disclosed under Section 45 of the Condominium and Common | ||
Interest Community Ombudsperson Act. | ||
(ee) Information that is exempted from disclosure | ||
under Section 30.1 of the Pharmacy Practice Act. | ||
(ff) Information that is exempted from disclosure | ||
under the Revised Uniform Unclaimed Property Act. | ||
(gg) Information that is prohibited from being | ||
disclosed under Section 7-603.5 of the Illinois Vehicle | ||
Code. | ||
(hh) Records that are exempt from disclosure under | ||
Section 1A-16.7 of the Election Code. | ||
(ii) Information which is exempted from disclosure | ||
under Section 2505-800 of the Department of Revenue Law of | ||
the Civil Administrative Code of Illinois. | ||
(jj) Information and reports that are required to be | ||
submitted to the Department of Labor by registering day | ||
and temporary labor service agencies but are exempt from | ||
disclosure under subsection (a-1) of Section 45 of the Day | ||
and Temporary Labor Services Act. |
(kk) Information prohibited from disclosure under the | ||
Seizure and Forfeiture Reporting Act. | ||
(ll) Information the disclosure of which is restricted | ||
and exempted under Section 5-30.8 of the Illinois Public | ||
Aid Code. | ||
(mm) Records that are exempt from disclosure under | ||
Section 4.2 of the Crime Victims Compensation Act. | ||
(nn) Information that is exempt from disclosure under | ||
Section 70 of the Higher Education Student Assistance Act. | ||
(oo) Communications, notes, records, and reports | ||
arising out of a peer support counseling session | ||
prohibited from disclosure under the First Responders | ||
Suicide Prevention Act. | ||
(pp) Names and all identifying information relating to | ||
an employee of an emergency services provider or law | ||
enforcement agency under the First Responders Suicide | ||
Prevention Act. | ||
(qq) Information and records held by the Department of | ||
Public Health and its authorized representatives collected | ||
under the Reproductive Health Act. | ||
(rr) Information that is exempt from disclosure under | ||
the Cannabis Regulation and Tax Act. | ||
(ss) Data reported by an employer to the Department of | ||
Human Rights pursuant to Section 2-108 of the Illinois | ||
Human Rights Act. | ||
(tt) Recordings made under the Children's Advocacy |
Center Act, except to the extent authorized under that | ||
Act. | ||
(uu) Information that is exempt from disclosure under | ||
Section 50 of the Sexual Assault Evidence Submission Act. | ||
(vv) Information that is exempt from disclosure under | ||
subsections (f) and (j) of Section 5-36 of the Illinois | ||
Public Aid Code. | ||
(ww) Information that is exempt from disclosure under | ||
Section 16.8 of the State Treasurer Act. | ||
(xx) Information that is exempt from disclosure or | ||
information that shall not be made public under the | ||
Illinois Insurance Code. | ||
(yy) Information prohibited from being disclosed under | ||
the Illinois Educational Labor Relations Act. | ||
(zz) Information prohibited from being disclosed under | ||
the Illinois Public Labor Relations Act. | ||
(aaa) Information prohibited from being disclosed | ||
under Section 1-167 of the Illinois Pension Code. | ||
(bbb) Information that is exempt from disclosure under | ||
subsection (k) of Section 11 of the Equal Pay Act of 2003. | ||
(ccc) (bbb) Information that is prohibited from | ||
disclosure by the Illinois Police Training Act and the | ||
State Police Act. | ||
(ddd) Records exempt from disclosure under Section
| ||
2605-304 of the Department of State Police Law of the | ||
Civil
Administrative Code of Illinois. |
(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | ||
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | ||
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | ||
eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | ||
100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff. | ||
6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, | ||
eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; | ||
101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. | ||
1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649, | ||
eff. 7-7-20; 101-652, eff. 1-1-22; 101-656, eff. 3-23-21; | ||
revised 4-21-21.) | ||
Section 7. The Gun Trafficking Information Act is amended | ||
by changing Section 10-5 as follows: | ||
(5 ILCS 830/10-5)
| ||
Sec. 10-5. Gun trafficking information.
| ||
(a) The Department of State Police shall use all | ||
reasonable efforts in making publicly available, on a regular | ||
and ongoing
basis, key information related to firearms used in | ||
the
commission of crimes in this State, including, but not | ||
limited
to: reports on crimes committed with firearms, | ||
locations where
the crimes occurred, the number of persons | ||
killed or injured in
the commission of the crimes, the state | ||
where the firearms used
originated, the Federal Firearms | ||
Licensee that sold the firearm, and the type of firearms used , |
annual statistical information concerning Firearm Owner's | ||
Identification Card and concealed carry license applications, | ||
revocations, and compliance with Section 9.5 of the Firearm | ||
Owners Identification Card Act, firearm restraining order | ||
dispositions, and firearm dealer license certification | ||
inspections . The Department
shall make the information | ||
available on its
website , which may be presented in a | ||
dashboard format , in addition to electronically filing a | ||
report with the
Governor and the General Assembly. The report | ||
to the General
Assembly shall be filed with the Clerk of the | ||
House of
Representatives and the Secretary of the Senate in | ||
electronic
form only, in the manner that the Clerk and the | ||
Secretary shall
direct.
| ||
(b) The Department shall study, on a regular and ongoing | ||
basis, and compile reports on the number of Firearm Owner's | ||
Identification Card checks to determine firearms trafficking | ||
or straw purchase patterns. The Department shall, to the | ||
extent not inconsistent with law, share such reports and | ||
underlying data with academic centers, foundations, and law | ||
enforcement agencies studying firearms trafficking, provided | ||
that personally identifying information is protected. For | ||
purposes of this subsection (b), a Firearm Owner's | ||
Identification Card number is not personally identifying | ||
information, provided that no other personal information of | ||
the card holder is attached to the record. The Department may | ||
create and attach an alternate unique identifying number to |
each Firearm Owner's Identification Card number, instead of | ||
releasing the Firearm Owner's Identification Card number | ||
itself. | ||
(c) Each department, office, division, and agency of this
| ||
State shall, to the extent not inconsistent with law, | ||
cooperate
fully with the Department and furnish the
Department | ||
with all relevant information and assistance on a
timely basis | ||
as is necessary to accomplish the purpose of this
Act. The | ||
Illinois Criminal Justice Information Authority shall submit | ||
the information required in subsection (a) of this Section to | ||
the Department of State Police, and any other information as | ||
the Department may request, to assist the Department in | ||
carrying out its duties under this Act.
| ||
(Source: P.A. 100-1178, eff. 1-18-19.) | ||
Section 10. The Department of State Police Law of the
| ||
Civil Administrative Code of Illinois is amended by changing | ||
Section 2605-605 and by adding Section 2605-304 as follows: | ||
(20 ILCS 2605/2605-304 new) | ||
Sec. 2605-304. Prohibited persons portal. | ||
(a) Within 90 days after the effective date of this | ||
amendatory Act of the 102nd General Assembly, the Illinois | ||
State Police shall establish a portal for use by federal, | ||
State, or local law enforcement agencies, including Offices of | ||
the State's Attorneys and the Office of the Attorney General |
to capture a report of persons whose Firearm Owner's | ||
Identification Cards have been revoked or suspended. The | ||
portal is for law enforcement purposes only. | ||
(b) The Illinois State Police shall include in the report | ||
the reason the person's Firearm Owner's Identification Card | ||
was subject to revocation or suspension, to the extent allowed | ||
by law, consistent with Sections 8 and 8.2 of the Firearm | ||
Owners Identification Card Act. | ||
(c) The Illinois State Police shall indicate whether the | ||
person subject to the revocation or suspension of his or her | ||
Firearm Owner's Identification Card has surrendered his or her | ||
revoked or suspended Firearm Owner's Identification Card and | ||
whether the person has completed a Firearm Disposition Record | ||
required under Section 9.5 of the Firearm Owners | ||
Identification Card Act. The Illinois State Police shall make | ||
reasonable efforts to make this information available on the | ||
Law Enforcement Agencies Data System (LEADS). | ||
(d) The Illinois State Police shall provide updates of | ||
information related to an individual's current Firearm Owner's | ||
Identification Card revocation or suspension status, including | ||
compliance under Section 9.5 of the Firearm Owners | ||
Identification Card Act, in the Illinois State Police's Law | ||
Enforcement Agencies Data System. | ||
(e) Records in this portal are exempt from disclosure | ||
under the Freedom of Information Act. | ||
(f) The Illinois State Police may adopt rules necessary to |
implement this Section. | ||
(20 ILCS 2605/2605-605) | ||
Sec. 2605-605. Violent Crime Intelligence Task Force. The | ||
Director of State Police shall may establish a statewide | ||
multi-jurisdictional Violent Crime Intelligence Task Force led | ||
by the Department of State Police dedicated to combating gun | ||
violence, gun-trafficking, and other violent crime with the | ||
primary mission of preservation of life and reducing the | ||
occurrence and the fear of crime. The objectives of the Task | ||
Force shall include, but not be limited to, reducing and | ||
preventing illegal possession and use of firearms, | ||
firearm-related homicides, and other violent crimes , and | ||
solving firearm-related crimes . | ||
(1) The Task Force may develop and acquire information, | ||
training, tools, and resources necessary to implement a | ||
data-driven approach to policing, with an emphasis on | ||
intelligence development. | ||
(2) The Task Force may utilize information sharing, | ||
partnerships, crime analysis, and evidence-based practices to | ||
assist in the reduction of firearm-related shootings, | ||
homicides, and gun-trafficking , including, but not limited to, | ||
ballistic data, eTrace data, DNA evidence, latent | ||
fingerprints, firearm training data, and National Integrated | ||
Ballistic Information Network (NIBIN) data. The Task Force may | ||
design a model crime gun intelligence strategy which may |
include, but is not limited to, comprehensive collection and | ||
documentation of all ballistic evidence, timely transfer of | ||
NIBIN and eTrace leads to an intelligence center, which may | ||
include the Division of Criminal Investigation of the Illinois | ||
State Police, timely dissemination of intelligence to | ||
investigators, investigative follow-up, and coordinated | ||
prosecution . | ||
(3) The Task Force may recognize and utilize best | ||
practices of community policing and may develop potential | ||
partnerships with faith-based and community organizations to | ||
achieve its goals. | ||
(4) The Task Force may identify and utilize best practices | ||
in drug-diversion programs and other community-based services | ||
to redirect low-level offenders. | ||
(5) The Task Force may assist in violence suppression | ||
strategies including, but not limited to, details in | ||
identified locations that have shown to be the most prone to | ||
gun violence and violent crime, focused deterrence against | ||
violent gangs and groups considered responsible for the | ||
violence in communities, and other intelligence driven methods | ||
deemed necessary to interrupt cycles of violence or prevent | ||
retaliation. | ||
(6) In consultation with the Chief Procurement Officer, | ||
the Department of State Police may obtain contracts for | ||
software, commodities, resources, and equipment to assist the | ||
Task Force with achieving this Act. Any contracts necessary to |
support the delivery of necessary software, commodities, | ||
resources, and equipment are not subject to the Illinois | ||
Procurement Code, except for Sections 20-60, 20-65, 20-70, and | ||
20-160 and Article 50 of that Code, provided that the Chief | ||
Procurement Officer may, in writing with justification, waive | ||
any certification required under Article 50 of the Illinois | ||
Procurement Code. | ||
(7) The Task Force shall conduct enforcement operations
| ||
against persons whose Firearm Owner's Identification Cards
| ||
have been revoked or suspended and persons who fail to comply
| ||
with the requirements of Section 9.5 of the Firearm Owners
| ||
Identification Card Act, prioritizing individuals presenting a
| ||
clear and present danger to themselves or to others under
| ||
paragraph (2) of subsection (d) of Section 8.1 of the Firearm
| ||
Owners Identification Card Act. | ||
(8) The Task Force shall collaborate with local law
| ||
enforcement agencies to enforce provisions of the Firearm
| ||
Owners Identification Card Act, the Firearm Concealed Carry
| ||
Act, the Firearm Dealer License Certification Act, and Article
| ||
24 of the Criminal Code of 2012. | ||
(9) To implement this Section, the Director of the
| ||
Illinois State Police may establish intergovernmental
| ||
agreements with law enforcement agencies in accordance with | ||
the
Intergovernmental Cooperation Act. | ||
(10) Law enforcement agencies that participate in
| ||
activities described in paragraphs (7) through (9) may apply
|
to the Illinois State Police for grants from the State Police
| ||
Revocation Enforcement Fund.
| ||
(Source: P.A. 100-3, eff. 1-1-18 .) | ||
Section 11. The Illinois Criminal Justice Information Act | ||
is amended by adding Section 7.9 as follows: | ||
(20 ILCS 3930/7.9 new) | ||
Sec. 7.9. Firearm Prohibitors and Records Improvement Task | ||
Force. | ||
(a) As used in this Section, "firearms prohibitor" means | ||
any factor listed in Section 4 of the Firearm Owners | ||
Identification Card Act or Section 24-3 or 24-3.1 of the | ||
Criminal Code of 2012 that prohibits a person from | ||
transferring or possessing a firearm, firearm ammunition, | ||
Firearm Owner's Identification Card, or concealed carry | ||
license. | ||
(b) The Firearm Prohibitors and Records Improvement Task | ||
Force is created to identify and research all available | ||
grants, resources, and revenue that may be applied for and | ||
used by all entities responsible for reporting federal and | ||
State firearm prohibitors to the Illinois State Police and the | ||
National Instant Criminal Background Check System. Under the | ||
Firearm Owners Identification Card Act, these reporting | ||
entities include, but are not limited to, hospitals, courts, | ||
law enforcement and corrections. The Task Force shall identify |
weaknesses in reporting and recommend a strategy to direct | ||
resources and revenue to ensuring reporting is reliable, | ||
accurate, and timely. The Task Force shall inventory all | ||
statutorily mandated firearm and gun violence related data | ||
collection and reporting requirements, along with the agency | ||
responsible for collecting that data, and identify gaps in | ||
those requirements. The Task Force shall submit a coordinated | ||
application with and through the Illinois Criminal Justice | ||
Information Authority for federal funds from the National | ||
Criminal History Improvement Program and the NICS Acts Record | ||
Improvement Program.
The Firearm Prohibitors and Records | ||
Improvement Task Force shall be comprised of the following | ||
members, all of whom shall serve without compensation: | ||
(1) the Executive Director of the Illinois Criminal | ||
Justice Information Authority, who shall serve as Chair; | ||
(2) the Director of the Illinois State Police, or his | ||
or her designee; | ||
(3) the Secretary of Human Services, or his or her | ||
designee; | ||
(4) the Director of Corrections, or his or her | ||
designee; | ||
(5) the Attorney General, or his or her designee; | ||
(6) the Director of the Administrative Office of the | ||
Illinois Courts, or his or her designee; | ||
(7) a representative of an association representing | ||
circuit clerks appointed by the President of the Senate; |
(8) a representative of an association representing | ||
sheriffs appointed by the House Minority Leader; | ||
(9) a representative of an association representing | ||
State's Attorneys appointed by the House Minority Leader; | ||
(10) a representative of an association representing | ||
chiefs of police appointed by the Senate Minority Leader; | ||
(11) a representative of an association representing | ||
hospitals appointed by the Speaker of the House of | ||
Representatives; | ||
(12) a representative of an association representing | ||
counties appointed by the President of the Senate; and | ||
(13) a representative of an association representing | ||
municipalities appointed by the Speaker of the House of | ||
Representatives. | ||
(c)
The Illinois Criminal Justice Information Authority | ||
shall provide administrative and other support to the Task | ||
Force. The Illinois State Police Division of Justice Services | ||
shall also provide support to the Illinois Criminal Justice | ||
Information Authority and the Task Force. | ||
(d) The Task Force may meet in person or virtually and | ||
shall issue a written report of its findings and | ||
recommendations to General Assembly on or before July 1, 2022. | ||
The Task Force shall issue an annual report, which shall | ||
include information on the state of FOID data, including a | ||
review of previous activity by the Task Force to close | ||
previously identified gaps; identifying known (or new) gaps; a |
proposal of policy and practice recommendations to close those | ||
gaps; and a preview of expected activities of the Task Force | ||
for the coming year. | ||
(e) Within 60 days of the effective date of this | ||
amendatory Act of the 102nd General Assembly, the Chair shall | ||
establish the Task Force. | ||
(f) This Section is repealed on July 1, 2027. | ||
Section 15. The State Finance Act is amended by changing | ||
6z-99 and by adding Sections 5.938 and 6z-125 as follows: | ||
(30 ILCS 105/5.938 new) | ||
Sec. 5.938. The State Police Revocation Enforcement Fund. | ||
(30 ILCS 105/6z-99) | ||
Sec. 6z-99. The Mental Health Reporting Fund. | ||
(a) There is created in the State treasury a special fund | ||
known as the Mental Health Reporting Fund. The Fund shall | ||
receive revenue under the Firearm Concealed Carry Act. The | ||
Fund may also receive revenue from grants, pass-through | ||
grants, donations, appropriations, and any other legal source. | ||
(b) The Department of State Police and Department of Human | ||
Services shall coordinate to use moneys in the Fund to finance | ||
their respective duties of collecting and reporting data on | ||
mental health records and ensuring that mental health firearm | ||
possession prohibitors are enforced as set forth under the |
Firearm Concealed Carry Act and the Firearm Owners | ||
Identification Card Act. Any surplus in the Fund beyond what | ||
is necessary to ensure compliance with mental health reporting | ||
under these Acts shall be used by the Department of Human | ||
Services for mental health treatment programs as follows: (1) | ||
50% shall be used to fund
community-based mental health | ||
programs aimed at reducing gun
violence, community integration | ||
and education, or mental
health awareness and prevention, | ||
including administrative
costs; and (2) 50% shall be used to | ||
award grants that use and
promote the National School Mental | ||
Health Curriculum model for
school-based mental health | ||
support, integration, and services . | ||
(c) Investment income that is attributable to the | ||
investment of moneys in the Fund shall be retained in the Fund | ||
for the uses specified in this Section.
| ||
(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.) | ||
(30 ILCS 105/6z-125 new) | ||
Sec. 6z-125. State Police Revocation Enforcement Fund. | ||
(a) The State Police Revocation Enforcement Fund is | ||
established as a special fund in the State treasury. This Fund | ||
is established to receive moneys from the Firearm Owners | ||
Identification Card Act to enforce that Act, the Firearm | ||
Concealed Carry Act, Article 24 of the Criminal Code of 2012, | ||
and other firearm offenses. The Fund may also receive revenue | ||
from grants, donations, appropriations, and any other legal |
source. | ||
(b) The Illinois State Police may use moneys from the Fund | ||
to establish task forces and, if necessary, include other law | ||
enforcement agencies, under intergovernmental contracts | ||
written and executed in conformity with the Intergovernmental | ||
Cooperation Act. | ||
(c) The Illinois State Police may use moneys in the Fund to | ||
hire and train State Police officers and prevention of violent | ||
crime. | ||
(d) The State Police Revocation Enforcement Fund is not | ||
subject to administrative chargebacks. | ||
(e) Law enforcement agencies that participate in Firearm | ||
Owner's Identification Card revocation enforcement in the | ||
Violent Crime Intelligence Task Force may apply for grants | ||
from the Illinois State Police.
| ||
Section 16. The Intergovernmental Drug Laws Enforcement | ||
Act is amended by changing Section 3 as follows:
| ||
(30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)
| ||
Sec. 3.
A Metropolitan Enforcement Group which meets the | ||
minimum
criteria established in this Section is eligible to | ||
receive State grants
to help defray the costs of operation. To | ||
be eligible a MEG must:
| ||
(1) Be established and operating pursuant to | ||
intergovernmental
contracts written and executed in |
conformity with the Intergovernmental
Cooperation Act, and | ||
involve 2 or more units of local government.
| ||
(2) Establish a MEG Policy Board composed of an | ||
elected official, or
his designee, and the chief law | ||
enforcement officer, or his designee,
from each | ||
participating unit of local government to oversee the
| ||
operations of the MEG and make such reports to the | ||
Department of State
Police as the Department may require.
| ||
(3) Designate a single appropriate elected official of | ||
a
participating unit of local government to act as the | ||
financial officer
of the MEG for all participating units | ||
of local government and to
receive funds for the operation | ||
of the MEG.
| ||
(4) Limit its operations to enforcement of drug laws; | ||
enforcement of
Sections 10-9, 24-1, 24-1.1, 24-1.2, | ||
24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1,
24-2.2, 24-3, | ||
24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8, | ||
24-3.9,24-3A, 24-3B, 24-4, and 24-5 and subsections
| ||
24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9), | ||
24-1(a)(10), and 24-1(c) of the
Criminal Code of 2012; | ||
Sections 2, 3, 6.1, 14 of the Firearm Owners | ||
Identification Card Act; and the investigation of | ||
streetgang related offenses.
| ||
(5) Cooperate with the Department of State Police in | ||
order to
assure compliance with this Act and to enable the | ||
Department to fulfill
its duties under this Act, and |
supply the Department with all
information the Department | ||
deems necessary therefor.
| ||
(6) Receive funding of at least 50% of the total | ||
operating budget of
the MEG from the participating units | ||
of local government.
| ||
(Source: P.A. 97-1150, eff. 1-25-13.)
| ||
Section 20. The Firearm Owners Identification Card Act is | ||
amended by changing Sections 1.1, 3, 3.1, 4, 5, 6, 7, 8.2, 8.3, | ||
9.5, 10, 11, and 13.2 and by adding Sections 6.2, 7.5, 8.4, | ||
8.5, and 13.4 as follows:
| ||
(430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| ||
Sec. 1.1. For purposes of this Act:
| ||
"Addicted to narcotics" means a person who has been: | ||
(1) convicted of an offense involving the use or | ||
possession of cannabis, a controlled substance, or | ||
methamphetamine within the past year; or | ||
(2) determined by the Department of State Police to be | ||
addicted to narcotics based upon federal law or federal | ||
guidelines. | ||
"Addicted to narcotics" does not include possession or use | ||
of a prescribed controlled substance under the direction and | ||
authority of a physician or other person authorized to | ||
prescribe the controlled substance when the controlled | ||
substance is used in the prescribed manner. |
"Adjudicated as a person with a mental disability" means | ||
the person is the subject of a determination by a court, board, | ||
commission or other lawful authority that the person, as a | ||
result of marked subnormal intelligence, or mental illness, | ||
mental impairment, incompetency, condition, or disease: | ||
(1) presents a clear and present danger to himself, | ||
herself, or to others; | ||
(2) lacks the mental capacity to manage his or her own | ||
affairs or is adjudicated a person with a disability as | ||
defined in Section 11a-2 of the Probate Act of 1975; | ||
(3) is not guilty in a criminal case by reason of | ||
insanity, mental disease or defect; | ||
(3.5) is guilty but mentally ill, as provided in | ||
Section 5-2-6 of the Unified Code of Corrections; | ||
(4) is incompetent to stand trial in a criminal case; | ||
(5) is not guilty by reason of lack of mental | ||
responsibility under Articles 50a and 72b of the Uniform | ||
Code of Military Justice, 10 U.S.C. 850a, 876b;
| ||
(6) is a sexually violent person under subsection (f) | ||
of Section 5 of the Sexually Violent Persons Commitment | ||
Act; | ||
(7) is a sexually dangerous person under the Sexually | ||
Dangerous Persons Act; | ||
(8) is unfit to stand trial under the Juvenile Court | ||
Act of 1987; | ||
(9) is not guilty by reason of insanity under the |
Juvenile Court Act of 1987; | ||
(10) is subject to involuntary admission as an | ||
inpatient as defined in Section 1-119 of the Mental Health | ||
and Developmental Disabilities Code; | ||
(11) is subject to involuntary admission as an | ||
outpatient as defined in Section 1-119.1 of the Mental | ||
Health and Developmental Disabilities Code; | ||
(12) is subject to judicial admission as set forth in | ||
Section 4-500 of the Mental Health and Developmental | ||
Disabilities Code; or | ||
(13) is subject to the provisions of the Interstate | ||
Agreements on Sexually Dangerous Persons Act. | ||
"Clear and present danger" means a person who: | ||
(1) communicates a serious threat of physical violence | ||
against a reasonably identifiable victim or poses a clear | ||
and imminent risk of serious physical injury to himself, | ||
herself, or another person as determined by a physician, | ||
clinical psychologist, or qualified examiner; or | ||
(2) demonstrates threatening physical or verbal | ||
behavior, such as violent, suicidal, or assaultive | ||
threats, actions, or other behavior, as determined by a | ||
physician, clinical psychologist, qualified examiner, | ||
school administrator, or law enforcement official. | ||
"Clinical psychologist" has the meaning provided in | ||
Section 1-103 of the Mental Health and Developmental | ||
Disabilities Code. |
"Controlled substance" means a controlled substance or | ||
controlled substance analog as defined in the Illinois | ||
Controlled Substances Act. | ||
"Counterfeit" means to copy or imitate, without legal | ||
authority, with
intent
to deceive. | ||
"Federally licensed firearm dealer" means a person who is | ||
licensed as a federal firearms dealer under Section 923 of the | ||
federal Gun Control Act of 1968 (18 U.S.C. 923).
| ||
"Firearm" means any device, by
whatever name known, which | ||
is designed to expel a projectile or projectiles
by the action | ||
of an explosion, expansion of gas or escape of gas; excluding,
| ||
however:
| ||
(1) any pneumatic gun, spring gun, paint ball gun, or | ||
B-B gun which
expels a single globular projectile not | ||
exceeding .18 inch in
diameter or which has a maximum | ||
muzzle velocity of less than 700 feet
per second;
| ||
(1.1) any pneumatic gun, spring gun, paint ball gun, | ||
or B-B gun which expels breakable paint balls containing | ||
washable marking colors; | ||
(2) any device used exclusively for signalling or | ||
safety and required or
recommended by the United States | ||
Coast Guard or the Interstate Commerce
Commission;
| ||
(3) any device used exclusively for the firing of stud | ||
cartridges,
explosive rivets or similar industrial | ||
ammunition; and
| ||
(4) an antique firearm (other than a machine-gun) |
which, although
designed as a weapon, the Department of | ||
State Police finds by reason of
the date of its | ||
manufacture, value, design, and other characteristics is
| ||
primarily a collector's item and is not likely to be used | ||
as a weapon.
| ||
"Firearm ammunition" means any self-contained cartridge or | ||
shotgun
shell, by whatever name known, which is designed to be | ||
used or adaptable to
use in a firearm; excluding, however:
| ||
(1) any ammunition exclusively designed for use with a | ||
device used
exclusively for signalling or safety and | ||
required or recommended by the
United States Coast Guard | ||
or the Interstate Commerce Commission; and
| ||
(2) any ammunition designed exclusively for use with a | ||
stud or rivet
driver or other similar industrial | ||
ammunition. | ||
"Gun show" means an event or function: | ||
(1) at which the sale and transfer of firearms is the | ||
regular and normal course of business and where 50 or more | ||
firearms are displayed, offered, or exhibited for sale, | ||
transfer, or exchange; or | ||
(2) at which not less than 10 gun show vendors | ||
display, offer, or exhibit for sale, sell, transfer, or | ||
exchange firearms.
| ||
"Gun show" includes the entire premises provided for an | ||
event or function, including parking areas for the event or | ||
function, that is sponsored to facilitate the purchase, sale, |
transfer, or exchange of firearms as described in this | ||
Section.
Nothing in this definition shall be construed to | ||
exclude a gun show held in conjunction with competitive | ||
shooting events at the World Shooting Complex sanctioned by a | ||
national governing body in which the sale or transfer of | ||
firearms is authorized under subparagraph (5) of paragraph (g) | ||
of subsection (A) of Section 24-3 of the Criminal Code of 2012. | ||
Unless otherwise expressly stated, "gun show" does not | ||
include training or safety classes, competitive shooting | ||
events, such as rifle, shotgun, or handgun matches, trap, | ||
skeet, or sporting clays shoots, dinners, banquets, raffles, | ||
or
any other event where the sale or transfer of firearms is | ||
not the primary course of business. | ||
"Gun show promoter" means a person who organizes or | ||
operates a gun show. | ||
"Gun show vendor" means a person who exhibits, sells, | ||
offers for sale, transfers, or exchanges any firearms at a gun | ||
show, regardless of whether the person arranges with a gun | ||
show promoter for a fixed location from which to exhibit, | ||
sell, offer for sale, transfer, or exchange any firearm. | ||
"Involuntarily admitted" has the meaning as prescribed in | ||
Sections 1-119 and 1-119.1 of the Mental Health and | ||
Developmental Disabilities Code. | ||
"Mental health facility" means any licensed private | ||
hospital or hospital affiliate, institution, or facility, or | ||
part thereof, and any facility, or part thereof, operated by |
the State or a political subdivision thereof which provide | ||
treatment of persons with mental illness and includes all | ||
hospitals, institutions, clinics, evaluation facilities, | ||
mental health centers, colleges, universities, long-term care | ||
facilities, and nursing homes, or parts thereof, which provide | ||
treatment of persons with mental illness whether or not the | ||
primary purpose is to provide treatment of persons with mental | ||
illness. | ||
"National governing body" means a group of persons who | ||
adopt rules and formulate policy on behalf of a national | ||
firearm sporting organization. | ||
"Patient" means: | ||
(1) a person who is admitted as an inpatient or | ||
resident of a public or private mental health facility for | ||
mental health treatment under Chapter III of the Mental | ||
Health and Developmental Disabilities Code as an informal | ||
admission, a voluntary admission, a minor admission, an | ||
emergency admission, or an involuntary admission, unless | ||
the treatment was solely for an alcohol abuse disorder; or | ||
(2) a person who voluntarily or involuntarily receives | ||
mental health treatment as an out-patient or is otherwise | ||
provided services by a public or private mental health | ||
facility, and who poses a clear and present danger to | ||
himself, herself, or to others. | ||
"Person with a developmental disability" means a person | ||
with a disability which is attributable to any other condition |
which results in impairment similar to that caused by an | ||
intellectual disability and which requires services similar to | ||
those required by persons with intellectual disabilities. The | ||
disability must originate before the age of 18
years, be | ||
expected to continue indefinitely, and constitute a | ||
substantial disability. This disability results, in the | ||
professional opinion of a physician, clinical psychologist, or | ||
qualified examiner, in significant functional limitations in 3 | ||
or more of the following areas of major life activity: | ||
(i) self-care; | ||
(ii) receptive and expressive language; | ||
(iii) learning; | ||
(iv) mobility; or | ||
(v) self-direction. | ||
"Person with an intellectual disability" means a person | ||
with a significantly subaverage general intellectual | ||
functioning which exists concurrently with impairment in | ||
adaptive behavior and which originates before the age of 18 | ||
years. | ||
"Physician" has the meaning as defined in Section 1-120 of | ||
the Mental Health and Developmental Disabilities Code. | ||
"Protective order" means any orders of protection issued | ||
under the Illinois Domestic Violence Act of 1986, stalking no | ||
contact orders issued under the Stalking No Contact Order Act, | ||
civil no contact orders issued under the Civil No Contact | ||
Order Act, and firearms restraining orders issued under the |
Firearms Restraining Order Act. | ||
"Qualified examiner" has the meaning provided in Section | ||
1-122 of the Mental Health and Developmental Disabilities | ||
Code. | ||
"Sanctioned competitive shooting event" means a shooting | ||
contest officially recognized by a national or state shooting | ||
sport association, and includes any sight-in or practice | ||
conducted in conjunction with the event.
| ||
"School administrator" means the person required to report | ||
under the School Administrator Reporting of Mental Health | ||
Clear and Present Danger Determinations Law. | ||
"Stun gun or taser" has the meaning ascribed to it in | ||
Section 24-1 of the Criminal Code of 2012. | ||
(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; | ||
99-642, eff. 7-28-16; 100-906, eff. 1-1-19 .) | ||
(430 ILCS 65/3) (from Ch. 38, par. 83-3) | ||
Sec. 3. (a) Except as provided in Section 3a, no person may | ||
knowingly
transfer, or cause to be transferred, any firearm, | ||
firearm ammunition, stun gun, or taser to any person within | ||
this State unless the
transferee with whom he deals displays | ||
either: (1) a currently valid Firearm Owner's
Identification | ||
Card which has previously been issued in his or her name by the
| ||
Department of State Police under the provisions of this Act; | ||
or (2) a currently valid license to carry a concealed firearm | ||
which has previously been issued in his or her name by the
|
Department of State Police under the Firearm Concealed Carry | ||
Act. In addition,
all firearm, stun gun, and taser transfers | ||
by federally licensed firearm dealers are subject
to Section | ||
3.1. | ||
(a-5) Any person who is not a federally licensed firearm | ||
dealer and who desires to transfer or sell a firearm while that | ||
person is on the grounds of a gun show must, before selling or | ||
transferring the firearm, request the Department of State | ||
Police to conduct a background check on the prospective | ||
recipient of the firearm in accordance with Section 3.1.
| ||
(a-10) Notwithstanding item (2) of subsection (a) of this | ||
Section, any person who is not a federally licensed firearm | ||
dealer and who desires to transfer or sell a firearm or | ||
firearms to any person who is not a federally licensed firearm | ||
dealer shall, before selling or transferring the firearms, | ||
contact a federal firearm license dealer under paragraph (1) | ||
of subsection (a-15) of this Section to conduct the transfer | ||
or the Illinois Department of State Police with the | ||
transferee's or purchaser's Firearm Owner's Identification | ||
Card number to determine the validity of the transferee's or | ||
purchaser's Firearm Owner's Identification Card under State | ||
and federal law including the National Instant Criminal | ||
Background Check System . This subsection shall not be | ||
effective until January 1, 2024. Until that date the | ||
transferor shall contact the Illinois State Police with the | ||
transferee's or purchaser's Firearm Owner's Identification |
Card number to determine the validity of the card 2014 . The | ||
Department of State Police may adopt rules concerning the | ||
implementation of this subsection. The Department of State | ||
Police shall provide the seller or transferor an approval | ||
number if the purchaser's Firearm Owner's Identification Card | ||
is valid. Approvals issued by the Department for the purchase | ||
of a firearm pursuant to this subsection are valid for 30 days | ||
from the date of issue. | ||
(a-15) The provisions of subsection (a-10) of this Section | ||
do not apply to: | ||
(1) transfers that occur at the place of business of a | ||
federally licensed firearm dealer, if the federally | ||
licensed firearm dealer conducts a background check on the | ||
prospective recipient of the firearm in accordance with | ||
Section 3.1 of this Act and follows all other applicable | ||
federal, State, and local laws as if he or she were the | ||
seller or transferor of the firearm, although the dealer | ||
is not required to accept the firearm into his or her | ||
inventory. The purchaser or transferee may be required by | ||
the federally licensed firearm dealer to pay a fee not to | ||
exceed $25 $10 per firearm, which the dealer may retain as | ||
compensation for performing the functions required under | ||
this paragraph, plus the applicable fees authorized by | ||
Section 3.1; | ||
(2) transfers as a bona fide gift to the transferor's | ||
husband, wife, son, daughter, stepson, stepdaughter, |
father, mother, stepfather, stepmother, brother, sister, | ||
nephew, niece, uncle, aunt, grandfather, grandmother, | ||
grandson, granddaughter, father-in-law, mother-in-law, | ||
son-in-law, or daughter-in-law; | ||
(3) transfers by persons acting pursuant to operation | ||
of law or a court order; | ||
(4) transfers on the grounds of a gun show under | ||
subsection (a-5) of this Section; | ||
(5) the delivery of a firearm by its owner to a | ||
gunsmith for service or repair, the return of the firearm | ||
to its owner by the gunsmith, or the delivery of a firearm | ||
by a gunsmith to a federally licensed firearms dealer for | ||
service or repair and the return of the firearm to the | ||
gunsmith; | ||
(6) temporary transfers that occur while in the home | ||
of the unlicensed transferee, if the unlicensed transferee | ||
is not otherwise prohibited from possessing firearms and | ||
the unlicensed transferee reasonably believes that | ||
possession of the firearm is necessary to prevent imminent | ||
death or great bodily harm to the unlicensed transferee; | ||
(7) transfers to a law enforcement or corrections | ||
agency or a law enforcement or corrections officer acting | ||
within the course and scope of his or her official duties; | ||
(8) transfers of firearms that have been rendered | ||
permanently inoperable to a nonprofit historical society, | ||
museum, or institutional collection; and |
(9) transfers to a person who is exempt from the | ||
requirement of possessing a Firearm Owner's Identification | ||
Card under Section 2 of this Act. | ||
(a-20) The Illinois Department of State Police shall | ||
develop an Internet-based system for individuals to determine | ||
the validity of a Firearm Owner's Identification Card prior to | ||
the sale or transfer of a firearm. The Department shall have | ||
the Internet-based system updated completed and available for | ||
use by January 1, 2024 July 1, 2015 . The Illinois State Police | ||
Department shall adopt rules not inconsistent with this | ||
Section to implement this system ; but no rule shall allow the | ||
Illinois State Police to retain records in contravention of | ||
State and federal law . | ||
(a-25) On or before January 1, 2022, the Illinois State | ||
Police shall develop an Internet-based system upon which the | ||
serial numbers of firearms that have been reported stolen are | ||
available for public access for individuals to ensure any | ||
firearms are not reported stolen prior to the sale or transfer | ||
of a firearm under this Section. The Illinois State Police | ||
shall have the Internet-based system completed and available | ||
for use by July 1, 2022. The Department shall adopt rules not | ||
inconsistent with this Section to implement this system. | ||
(b) Any person within this State who transfers or causes | ||
to be
transferred any firearm, stun gun, or taser shall keep a | ||
record of such transfer for a period
of 10 years from the date | ||
of transfer. Any person within this State who receives any |
firearm, stun gun, or taser pursuant to subsection (a-10) | ||
shall provide a record of the transfer within 10 days of the | ||
transfer to a federally licensed firearm dealer and shall not | ||
be required to maintain a transfer record. The federally | ||
licensed firearm dealer shall maintain the transfer record for | ||
20 years from date of receipt. A federally licensed firearm | ||
dealer may charge a fee not to exceed $25 to retain the record. | ||
The record shall be provided and maintained in either an | ||
electronic or paper format. The federally licensed firearm | ||
dealer shall not be liable for the accuracy of any information | ||
in the transfer record submitted pursuant to this Section. | ||
Such records record shall contain the date
of the transfer; | ||
the description, serial number or other information
| ||
identifying the firearm, stun gun, or taser if no serial | ||
number is available; and, if the
transfer was completed within | ||
this State, the transferee's Firearm Owner's
Identification | ||
Card number and any approval number or documentation provided | ||
by the Department of State Police pursuant to subsection | ||
(a-10) of this Section; if the transfer was not completed | ||
within this State, the record shall contain the name and | ||
address of the transferee. On or after January 1, 2006, the | ||
record shall contain the date of application for transfer of | ||
the firearm. On demand of a peace officer such transferor | ||
shall produce for inspection such record of transfer. For any | ||
transfer pursuant to subsection (a-10) of this Section, on the | ||
demand of a peace officer, such transferee shall identify the |
federally licensed firearm dealer maintaining the transfer | ||
record. If the transfer or sale took place at a gun show, the | ||
record shall include the unique identification number. Failure | ||
to record the unique identification number or approval number | ||
is a petty offense.
For transfers of a firearm, stun gun, or | ||
taser made on or after the effective date of this amendatory | ||
Act of the 100th General Assembly, failure by the private | ||
seller to maintain the transfer records in accordance with | ||
this Section , or failure by a transferee pursuant to | ||
subsection a-10 of this Section to identify the federally | ||
licensed firearm dealer maintaining the transfer record, is a | ||
Class A misdemeanor for the first offense and a Class 4 felony | ||
for a second or subsequent offense occurring within 10 years | ||
of the first offense and the second offense was committed | ||
after conviction of the first offense. Whenever any person who | ||
has not previously been convicted of any violation of | ||
subsection (a-5), the court may grant supervision pursuant to | ||
and consistent with the limitations of Section 5-6-1 of the | ||
Unified Code of Corrections . A transferee or transferor shall | ||
not be criminally liable under this Section provided that he | ||
or she provides the Department of State Police with the | ||
transfer records in accordance with procedures established by | ||
the Department. The Department shall establish, by rule, a | ||
standard form on its website. | ||
(b-5) Any resident may purchase ammunition from a person | ||
within or outside of Illinois if shipment is by United States |
mail or by a private express carrier authorized by federal law | ||
to ship ammunition. Any resident purchasing ammunition within | ||
or outside the State of Illinois must provide the seller with a | ||
copy of his or her valid Firearm Owner's Identification Card | ||
or valid concealed carry license and either his or her | ||
Illinois driver's license or Illinois State Identification | ||
Card prior to the shipment of the ammunition. The ammunition | ||
may be shipped only to an address on either of those 2 | ||
documents. | ||
(c) The provisions of this Section regarding the transfer | ||
of firearm
ammunition shall not apply to those persons | ||
specified in paragraph (b) of
Section 2 of this Act. | ||
(Source: P.A. 99-29, eff. 7-10-15; 100-1178, eff. 1-18-19.)
| ||
(430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| ||
Sec. 3.1. Firearm Transfer Inquiry Program Dial up system . | ||
(a) The Department of State Police shall provide
a dial up | ||
telephone system or utilize other existing technology which | ||
shall be used by any federally licensed
firearm dealer, gun | ||
show promoter, or gun show vendor who is to transfer a firearm, | ||
stun gun, or taser under the provisions of this
Act. The | ||
Department of State Police may utilize existing technology | ||
which
allows the caller to be charged a fee not to exceed $2. | ||
Fees collected by the Department of
State Police shall be | ||
deposited in the State Police Firearm Services Fund and used
| ||
to provide the service.
|
(b) Upon receiving a request from a federally licensed | ||
firearm dealer, gun show promoter, or gun show vendor, the
| ||
Department of State Police shall immediately approve, or | ||
within the time
period established by Section 24-3 of the | ||
Criminal Code of 2012 regarding
the delivery of firearms, stun | ||
guns, and tasers notify the inquiring dealer, gun show | ||
promoter, or gun show vendor of any objection that
would | ||
disqualify the transferee from acquiring or possessing a | ||
firearm, stun gun, or taser. In
conducting the inquiry, the | ||
Department of State Police shall initiate and
complete an | ||
automated search of its criminal history record information
| ||
files and those of the Federal Bureau of Investigation, | ||
including the
National Instant Criminal Background Check | ||
System, and of the files of
the Department of Human Services | ||
relating to mental health and
developmental disabilities to | ||
obtain
any felony conviction or patient hospitalization | ||
information which would
disqualify a person from obtaining or | ||
require revocation of a currently
valid Firearm Owner's | ||
Identification Card. | ||
(b-5) By January 1, 2023, the Illinois State Police shall | ||
by rule provide a process for the automatic renewal of the | ||
Firearm Owner's Identification Card of a person at the time of | ||
an inquiry in subsection (b). Persons eligible for this | ||
process must have a set of fingerprints on file with their | ||
application under either subsection (a-25) of Section 4 or the | ||
Firearm Concealed Carry Act. |
(c) If receipt of a firearm would not violate Section 24-3 | ||
of the Criminal Code of 2012, federal law, or this Act the | ||
Department of State Police shall: | ||
(1) assign a unique identification number to the | ||
transfer; and | ||
(2) provide the licensee, gun show promoter, or gun | ||
show vendor with the number. | ||
(d) Approvals issued by the Department of State Police for | ||
the purchase of a firearm are valid for 30 days from the date | ||
of issue.
| ||
(e) (1) The Department of State Police must act as the | ||
Illinois Point of Contact
for the National Instant Criminal | ||
Background Check System. | ||
(2) The Department of State Police and the Department of | ||
Human Services shall, in accordance with State and federal law | ||
regarding confidentiality, enter into a memorandum of | ||
understanding with the Federal Bureau of Investigation for the | ||
purpose of implementing the National Instant Criminal | ||
Background Check System in the State. The Department of State | ||
Police shall report the name, date of birth, and physical | ||
description of any person prohibited from possessing a firearm | ||
pursuant to the Firearm Owners Identification Card Act or 18 | ||
U.S.C. 922(g) and (n) to the National Instant Criminal | ||
Background Check System Index, Denied Persons Files.
| ||
(3) The Department of State Police shall provide notice of | ||
the disqualification of a person under subsection (b) of this |
Section or the revocation of a person's Firearm Owner's | ||
Identification Card under Section 8 or Section 8.2 of this | ||
Act, and the reason for the disqualification or revocation, to | ||
all law enforcement agencies with jurisdiction to assist with | ||
the seizure of the person's Firearm Owner's Identification | ||
Card. | ||
(f) The Department of State Police shall adopt rules not | ||
inconsistent with this Section to implement this
system.
| ||
(Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17 .)
| ||
(430 ILCS 65/4) (from Ch. 38, par. 83-4)
| ||
Sec. 4. Application for Firearm Owner's Identification | ||
Cards. | ||
(a) Each applicant for a Firearm Owner's Identification | ||
Card must:
| ||
(1) Submit an Make application as on blank forms | ||
prepared and furnished at convenient
locations throughout | ||
the State by the Department of State Police, or by
| ||
electronic means, if and when made available by the | ||
Illinois Department of State
Police; and
| ||
(2) Submit evidence to the Department of State Police | ||
that:
| ||
(i) This subparagraph (i) applies through the | ||
180th day following the effective date of this | ||
amendatory Act of the 101st General Assembly. He or | ||
she is 21 years of age or over, or if he or she is |
under 21
years of age that he or she has the written | ||
consent of his or her parent or
legal guardian to | ||
possess and acquire firearms and firearm ammunition | ||
and that
he or she has never been convicted of a | ||
misdemeanor other than a traffic
offense or adjudged
| ||
delinquent, provided, however, that such parent or | ||
legal guardian is not an
individual prohibited from | ||
having a Firearm Owner's Identification Card and
files | ||
an affidavit with the Department as prescribed by the | ||
Department
stating that he or she is not an individual | ||
prohibited from having a Card; | ||
(i-5) This subparagraph (i-5) applies on and after | ||
the 181st day following the effective date of this | ||
amendatory Act of the 101st General Assembly. He or | ||
she is 21 years of age or over, or if he or she is | ||
under 21
years of age that he or she has never been | ||
convicted of a misdemeanor other than a traffic | ||
offense or adjudged delinquent and is an active duty | ||
member of the United States Armed Forces or has the | ||
written consent of his or her parent or
legal guardian | ||
to possess and acquire firearms and firearm | ||
ammunition, provided, however, that such parent or | ||
legal guardian is not an
individual prohibited from | ||
having a Firearm Owner's Identification Card and
files | ||
an affidavit with the Department as prescribed by the | ||
Department
stating that he or she is not an individual |
prohibited from having a Card or the active duty | ||
member of the United States Armed Forces under 21 | ||
years of age annually submits proof to the Department | ||
of State Police, in a manner prescribed by the | ||
Department;
| ||
(ii) He or she has not been convicted of a felony | ||
under the laws of
this or any other jurisdiction;
| ||
(iii) He or she is not addicted to narcotics;
| ||
(iv) He or she has not been a patient in a mental | ||
health facility within
the past 5 years or, if he or | ||
she has been a patient in a mental health facility more | ||
than 5 years ago submit the certification required | ||
under subsection (u) of Section 8 of this Act;
| ||
(v) He or she is not a person with an intellectual | ||
disability;
| ||
(vi) He or she is not an alien who is unlawfully | ||
present in the
United States under the laws of the | ||
United States;
| ||
(vii) He or she is not subject to an existing order | ||
of protection
prohibiting him or her from possessing a | ||
firearm;
| ||
(viii) He or she has not been convicted within the | ||
past 5 years of
battery, assault, aggravated assault, | ||
violation of an order of
protection, or a | ||
substantially similar offense in another jurisdiction, | ||
in
which a firearm was used or possessed;
|
(ix) He or she has not been convicted of domestic | ||
battery, aggravated domestic battery, or a
| ||
substantially similar offense in another
jurisdiction | ||
committed before, on or after January 1, 2012 (the | ||
effective date of Public Act 97-158). If the applicant | ||
knowingly and intelligently waives the right to have | ||
an offense described in this clause (ix) tried by a | ||
jury, and by guilty plea or otherwise, results in a | ||
conviction for an offense in which a domestic | ||
relationship is not a required element of the offense | ||
but in which a determination of the applicability of | ||
18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of | ||
the Code of Criminal Procedure of 1963, an entry by the | ||
court of a judgment of conviction for that offense | ||
shall be grounds for denying the issuance of a Firearm | ||
Owner's Identification Card under this Section;
| ||
(x) (Blank);
| ||
(xi) He or she is not an alien who has been | ||
admitted to the United
States under a non-immigrant | ||
visa (as that term is defined in Section
101(a)(26) of | ||
the Immigration and Nationality Act (8 U.S.C. | ||
1101(a)(26))),
or that he or she is an alien who has | ||
been lawfully admitted to the United
States under a | ||
non-immigrant visa if that alien is:
| ||
(1) admitted to the United States for lawful | ||
hunting or sporting
purposes;
|
(2) an official representative of a foreign | ||
government who is:
| ||
(A) accredited to the United States | ||
Government or the Government's
mission to an | ||
international organization having its | ||
headquarters in the United
States; or
| ||
(B) en route to or from another country to | ||
which that alien is
accredited;
| ||
(3) an official of a foreign government or | ||
distinguished foreign
visitor who has been so | ||
designated by the Department of State;
| ||
(4) a foreign law enforcement officer of a | ||
friendly foreign
government entering the United | ||
States on official business; or
| ||
(5) one who has received a waiver from the | ||
Attorney General of the
United States pursuant to | ||
18 U.S.C. 922(y)(3);
| ||
(xii) He or she is not a minor subject to a | ||
petition filed
under Section 5-520 of the Juvenile | ||
Court Act of 1987 alleging that the
minor is a | ||
delinquent minor for the commission of an offense that | ||
if
committed by an adult would be a felony;
| ||
(xiii) He or she is not an adult who had been | ||
adjudicated a delinquent
minor under the Juvenile | ||
Court Act of 1987 for the commission of an offense
that | ||
if committed by an adult would be a felony;
|
(xiv) He or she is a resident of the State of | ||
Illinois; | ||
(xv) He or she has not been adjudicated as a person | ||
with a mental disability; | ||
(xvi) He or she has not been involuntarily | ||
admitted into a mental health facility; and | ||
(xvii) He or she is not a person with a | ||
developmental disability; and | ||
(3) Upon request by the Department of State Police, | ||
sign a release on a
form prescribed by the Department of | ||
State Police waiving any right to
confidentiality and | ||
requesting the disclosure to the Department of State | ||
Police
of limited mental health institution admission | ||
information from another state,
the District of Columbia, | ||
any other territory of the United States, or a
foreign | ||
nation concerning the applicant for the sole purpose of | ||
determining
whether the applicant is or was a patient in a | ||
mental health institution and
disqualified because of that | ||
status from receiving a Firearm Owner's
Identification | ||
Card. No mental health care or treatment records may be
| ||
requested. The information received shall be destroyed | ||
within one year of
receipt.
| ||
(a-5) Each applicant for a Firearm Owner's Identification | ||
Card who is over
the age of 18 shall furnish to the Department | ||
of State Police either his or
her Illinois driver's license | ||
number or Illinois Identification Card number, except as
|
provided in subsection (a-10).
| ||
(a-10) Each applicant for a Firearm Owner's Identification | ||
Card,
who is employed as a law enforcement officer, an armed | ||
security officer in Illinois, or by the United States Military
| ||
permanently assigned in Illinois and who is not an Illinois | ||
resident, shall furnish to
the Department of State Police his | ||
or her driver's license number or state
identification card | ||
number from his or her state of residence. The Department
of | ||
State Police may adopt rules to enforce the provisions of this
| ||
subsection (a-10).
| ||
(a-15) If an applicant applying for a Firearm Owner's | ||
Identification Card moves from the residence address named in | ||
the application, he or she shall immediately notify in a form | ||
and manner prescribed by the Department of State Police of | ||
that change of address. | ||
(a-20) Each applicant for a Firearm Owner's Identification | ||
Card shall furnish to the Department of State Police his or her | ||
photograph. An applicant who is 21 years of age or older | ||
seeking a religious exemption to the photograph requirement | ||
must furnish with the application an approved copy of United | ||
States Department of the Treasury Internal Revenue Service | ||
Form 4029. In lieu of a photograph, an applicant regardless of | ||
age seeking a religious exemption to the photograph | ||
requirement shall submit fingerprints on a form and manner | ||
prescribed by the Department with his or her application. | ||
(a-25) Beginning January 1, 2023, each applicant for the |
issuance of a Firearm Owner's Identification Card may include | ||
a full set of his or her fingerprints in electronic format to | ||
the Illinois State Police, unless the applicant has previously | ||
provided a full set of his or her fingerprints to the Illinois | ||
State Police under this Act or the Firearm Concealed Carry | ||
Act. | ||
The fingerprints must be transmitted through a live scan | ||
fingerprint vendor licensed by the Department of Financial and | ||
Professional Regulation. The fingerprints shall be checked | ||
against the fingerprint records now and hereafter filed in the | ||
Illinois State Police and Federal Bureau of Investigation | ||
criminal history records databases, including all available | ||
State and local criminal history record information files. | ||
The Illinois State Police shall charge applicants a | ||
one-time fee for conducting the criminal history record check, | ||
which shall be deposited into the State Police Services Fund | ||
and shall not exceed the actual cost of the State and national | ||
criminal history record check. | ||
(a-26) The Illinois State Police shall research, explore, | ||
and report to the General Assembly by January 1, 2022 on the | ||
feasibility of permitting voluntarily submitted fingerprints | ||
obtained for purposes other than Firearm Owner's | ||
Identification Card enforcement that are contained in the | ||
Illinois State Police database for purposes of this Act. | ||
(b) Each application form shall include the following | ||
statement printed in
bold type: "Warning: Entering false |
information on an application for a Firearm
Owner's | ||
Identification Card is punishable as a Class 2 felony in | ||
accordance
with subsection (d-5) of Section 14 of the Firearm | ||
Owners Identification Card
Act.".
| ||
(c) Upon such written consent, pursuant to Section 4, | ||
paragraph (a)(2)(i),
the parent or legal guardian giving the | ||
consent shall be liable for any
damages resulting from the | ||
applicant's use of firearms or firearm ammunition.
| ||
(Source: P.A. 101-80, eff. 7-12-19.)
| ||
(430 ILCS 65/5) (from Ch. 38, par. 83-5)
| ||
Sec. 5. Application and renewal. | ||
(a) The Department of State Police shall either approve or
| ||
deny all applications within 30 days from the date they are | ||
received,
except as provided in subsections (b) and (c) | ||
subsection (b) of this Section , and every applicant found | ||
qualified under Section 8 of this Act by
the Department shall | ||
be entitled to a Firearm Owner's Identification
Card upon the | ||
payment of a $10 fee and applicable processing fees. The | ||
processing fees shall be limited to charges by the State | ||
Treasurer for using the electronic online payment system . Any | ||
applicant who is an active duty member of the Armed Forces of | ||
the United States, a member of the Illinois National Guard, or | ||
a member of the Reserve Forces of the United States is exempt | ||
from the application fee. $5 of each fee derived from the | ||
issuance of a Firearm Owner's Identification Card or renewals, |
thereof, shall be deposited in the State Police Firearm | ||
Services Fund and $5 into the State Police Revocation | ||
Enforcement Fund $6 of each fee derived from the
issuance of | ||
Firearm Owner's Identification Cards, or renewals thereof,
| ||
shall be deposited in the Wildlife and Fish Fund in the State | ||
Treasury;
$1 of the fee shall be deposited in the State Police | ||
Services Fund and $3 of the fee shall be deposited in the
State | ||
Police Firearm Services Fund . | ||
(b) Renewal applications shall be approved or denied | ||
within 60 business days, provided the applicant submitted his | ||
or her renewal application prior to the expiration of his or | ||
her Firearm Owner's Identification Card. If a renewal | ||
application has been submitted prior to the expiration date of | ||
the applicant's Firearm Owner's Identification Card, the | ||
Firearm Owner's Identification Card shall remain valid while | ||
the Department processes the application, unless the person is | ||
subject to or becomes subject to revocation under this Act. | ||
The cost for a renewal application shall be $10 , and may | ||
include applicable processing fees, which shall be limited to | ||
charges by the State Treasurer for using the electronic online | ||
payment system, which shall be deposited into the State Police | ||
Firearm Services Fund. | ||
(c) If the Firearm Owner's Identification Card of a | ||
licensee under the Firearm Concealed Carry Act expires during | ||
the term of the licensee's concealed carry license, the | ||
Firearm Owner's Identification Card and the license remain |
valid and the licensee does not have to renew his or her | ||
Firearm Owner's Identification Card during the duration of the | ||
concealed carry license. Unless the Illinois State Police has | ||
reason to believe the licensee is no longer eligible for the | ||
card, the Illinois State Police may automatically renew the | ||
licensee's Firearm Owner's Identification Card and send a | ||
renewed Firearm Owner's Identification Card to the licensee. | ||
(d) The Illinois State Police may adopt rules concerning | ||
the use of voluntarily submitted fingerprints, as allowed by | ||
State and federal law.
| ||
(Source: P.A. 100-906, eff. 1-1-19 .)
| ||
(430 ILCS 65/6) (from Ch. 38, par. 83-6)
| ||
Sec. 6. Contents of Firearm Owner's Identification Card.
| ||
(a) A Firearm Owner's Identification Card, issued by the | ||
Department of
State Police at such places as the Director of | ||
the
Department shall
specify, shall contain the applicant's | ||
name, residence, date of birth, sex,
physical description, | ||
recent photograph, except as provided in subsection (c-5), and | ||
signature. Each Firearm Owner's
Identification Card must have | ||
the Firearm Owner's Identification Card number expiration date | ||
boldly and conspicuously
displayed on the face of the card. | ||
Each Firearm Owner's
Identification Card must have printed on | ||
it the following: "CAUTION - This
card does not permit bearer | ||
to UNLAWFULLY carry or use firearms."
Before December 1, 2002,
| ||
the Department may use a person's digital photograph and |
signature from his or
her
Illinois driver's license or | ||
Illinois Identification Card, if available. On
and after | ||
December 1, 2002,
the Department shall use a person's digital | ||
photograph and signature from his
or her
Illinois driver's | ||
license or Illinois Identification Card, if available. The
| ||
Department shall decline to use a person's digital photograph | ||
or signature if
the digital photograph or signature is the | ||
result of or associated with
fraudulent or erroneous data, | ||
unless otherwise provided by law.
| ||
(b) A person applying for a Firearm Owner's Identification | ||
Card shall
consent
to the Department of State Police using the | ||
applicant's digital driver's
license
or Illinois | ||
Identification Card photograph, if available, and signature on | ||
the
applicant's
Firearm Owner's Identification Card. The | ||
Secretary
of State shall allow the Department of State Police | ||
access to the photograph
and signature for the purpose of | ||
identifying the applicant and issuing to the
applicant a
| ||
Firearm Owner's Identification Card.
| ||
(c) The Secretary of State shall conduct a study to | ||
determine the cost
and
feasibility of creating a method of | ||
adding an identifiable code, background, or
other means on the | ||
driver's license or Illinois Identification Card to show
that
| ||
an individual is not disqualified from owning or possessing a | ||
firearm under
State or federal law. The Secretary shall report | ||
the findings of this study
12 months after the effective date | ||
of this amendatory Act of the 92nd General
Assembly.
|
(c-5) If a person qualifies for a photograph exemption, in | ||
lieu of a photograph, the Firearm Owner's Identification Card | ||
shall contain a copy of the card holder's fingerprints. Each | ||
Firearm Owner's Identification Card described in this | ||
subsection (c-5) must have printed on it the following: "This | ||
card is only valid for firearm purchases through a federally | ||
licensed firearms dealer when presented with photographic | ||
identification, as prescribed by 18 U.S.C. 922(t)(1)(C)." | ||
(Source: P.A. 97-1131, eff. 1-1-13.)
| ||
(430 ILCS 65/6.2 new) | ||
Sec. 6.2. Electronic Firearm Owner's Identification Cards. | ||
Beginning January 1, 2022, the Illinois State Police may | ||
develop a system under which the holder of a Firearm Owner's | ||
Identification Card may display an electronic version of his | ||
or her Firearm Owner's Identification Card on a mobile | ||
telephone or other portable electronic device. An electronic | ||
version of a Firearm Owner's Identification Card shall contain | ||
security features the Illinois State Police determines to be | ||
necessary to ensure that the electronic version is accurate | ||
and current and shall satisfy other requirements the Illinois | ||
State Police determines to be necessary regarding form and | ||
content. The display or possession of an electronic version of | ||
a valid Firearm Owner's Identification Card in accordance with | ||
the requirements of the Illinois State Police satisfies all | ||
requirements for the display or possession of a valid Firearm |
Owner's Identification Card under the laws of this State. The | ||
possession or display of an electronic Firearm Owner's | ||
Identification Card on a mobile telephone or other portable | ||
electronic device does not constitute consent for a law | ||
enforcement officer, court, or other officer of the court to | ||
access other contents of the mobile telephone or other | ||
portable electronic device. The Illinois State Police may | ||
adopt rules to implement this Section.
| ||
(430 ILCS 65/7) (from Ch. 38, par. 83-7)
| ||
Sec. 7. Validity of Firearm Owner's Identification Card. | ||
(a) Except as provided in Section 8 of this Act or | ||
elsewhere in subsection (b) of this Section, a Firearm Owner's
| ||
Identification Card issued under the provisions of this Act | ||
shall be valid
for the person to whom it is issued for a period | ||
of 10 years from the date
of issuance. Unless the person no | ||
longer meets the requirements or becomes subject to suspension | ||
or revocation under this Act, a card issued under an | ||
application made as provided in subsection (a-25) of Section 4 | ||
shall remain valid if the person meets the requirements of | ||
subsection (b-5) of Section 3.1. | ||
(b) If a renewal application is submitted to the | ||
Department before the expiration date of the applicant's | ||
current Firearm Owner's Identification Card, the Firearm | ||
Owner's Identification Card shall remain valid for a period of | ||
60 business days , unless the person is subject to or becomes |
subject to revocation under this Act. Unless the person no | ||
longer meets the requirements or becomes subject to suspension | ||
or revocation under this Act, a card issued under a renewal | ||
application made as provided in subsection (a-25) of Section 4 | ||
shall remain valid if the person meets the implementation | ||
requirements of Section 3.1.
| ||
(c) Beginning January 1, 2022, if the Firearm Owner's | ||
Identification Card of a licensee under the Firearm Concealed | ||
Carry Act expires during the term of the licensee's concealed | ||
carry license, the Firearm Owner's Identification Card and the | ||
license remain valid during the validity of the concealed | ||
carry license and the licensee does not have to renew his or | ||
her Firearm Owner's Identification Card, if the Firearm | ||
Owner's Identification Card has not been otherwise renewed as | ||
provided in this Act. Unless the Illinois State Police has | ||
reason to believe the licensee is no longer eligible for the | ||
card, the Illinois State Police may automatically renew the | ||
licensee's Firearm Owner's Identification Card. | ||
(Source: P.A. 100-906, eff. 1-1-19 .)
| ||
(430 ILCS 65/7.5 new) | ||
Sec. 7.5. Email and text message notifications. A person | ||
subject to this Act may notify the Illinois State Police upon | ||
application or at any time thereafter that he or she would like | ||
to receive correspondence from the Illinois State Police via | ||
email or text message and may opt out of first-class mail. Such |
correspondence may include notification of the status of a | ||
person's application, suspension, revocation, appeal, and | ||
other notifications concerning his or her Firearm Owner's | ||
Identification Card. A person may request email or text | ||
message, or both. Any person selecting email or text message | ||
alerts must have either or both the person's email or cellular | ||
phone number on file with the Illinois State Police. | ||
(430 ILCS 65/8.2) | ||
Sec. 8.2. Firearm Owner's Identification Card denial , | ||
suspension, or revocation. The Illinois Department of State | ||
Police shall deny an application or shall suspend or revoke | ||
and seize a Firearm Owner's Identification Card previously | ||
issued under this Act if the Department finds that the | ||
applicant or person to whom such card was issued is or was at | ||
the time of issuance subject to a protective order issued | ||
under the laws of this or any other jurisdiction an existing | ||
order of protection or firearms restraining order . When the | ||
duration of the protective order is expected to be less than | ||
one year, the Illinois State Police may suspend the Firearm | ||
Owner's Identification Card under Section 8.3 of the Act and | ||
shall reinstate it upon conclusion of the suspension if no | ||
other grounds for denial or revocation are found under Section | ||
8 of the Act.
| ||
(Source: P.A. 100-607, eff. 1-1-19 .) |
(430 ILCS 65/8.3) | ||
Sec. 8.3. Suspension of Firearm Owner's Identification | ||
Card. The Department of State Police may suspend , by rule in a | ||
manner consistent with the Department's rules concerning | ||
revocation, provide for the suspension of the Firearm Owner's | ||
Identification Card of a person whose Firearm Owner's | ||
Identification Card is subject to revocation and seizure under | ||
this Act for the duration of the disqualification if the | ||
disqualification is not a permanent grounds for revocation of | ||
a Firearm Owner's Identification Card under this Act. The | ||
Illinois State Police may adopt rules necessary to implement | ||
this Section.
| ||
(Source: P.A. 100-607, eff. 1-1-19; 100-906, eff. 1-1-19 .) | ||
(430 ILCS 65/8.4 new) | ||
Sec. 8.4. Cancellation of Firearm Owner's Identification
| ||
Card. The Illinois State Police may cancel a Firearm
Owner's | ||
Identification Card if a person is not prohibited by
State or | ||
federal law from acquiring or possessing a firearm or
firearm | ||
ammunition and the sole purpose is for an
administrative | ||
reason. This includes, at
the request of the Firearm Owner's | ||
Identification Card holder,
a person who surrenders his or her | ||
Illinois driver's license or
Illinois identification card to | ||
another jurisdiction, or a
person's Firearm Owner's | ||
Identification Card is reported as
lost, stolen, or destroyed. | ||
The Illinois State Police may adopt rules
necessary to |
implement this Section. | ||
(430 ILCS 65/8.5 new) | ||
Sec. 8.5. Illinois State Police to monitor databases for | ||
firearms prohibitors. The Illinois State Police shall | ||
continuously monitor relevant State and federal databases, as | ||
allowed by State and federal law, for firearms prohibitors and | ||
correlate those records with Firearm Owner's Identification | ||
Card holders to ensure compliance with this Act and any other | ||
State and federal laws. As used in this Section, "firearms | ||
prohibitor" means any factor listed in Section 8 or Section | ||
8.2 of this Act or Section 24-3 or 24-3.1 of the Criminal Code | ||
of 2012 that prohibits a person from transferring or | ||
possessing a firearm, firearm ammunition, Firearm Owner's | ||
Identification Card, or concealed carry license. | ||
(430 ILCS 65/9.5) | ||
Sec. 9.5. Revocation of Firearm Owner's Identification
| ||
Card. | ||
(a) A person who receives a revocation notice under | ||
Section 9 of this Act shall, within 48 hours of receiving | ||
notice of the revocation: | ||
(1) surrender his or her Firearm Owner's | ||
Identification Card to the local law enforcement agency | ||
where the person resides or . The local law enforcement | ||
agency shall provide the person a receipt and transmit the |
Firearm Owner's Identification Card to the Department of | ||
State Police; and | ||
(2) complete a Firearm Disposition Record on a form | ||
prescribed by the Department of State Police and place his | ||
or her firearms in the location or with the person | ||
reported in the Firearm Disposition Record. The form shall | ||
require the person to disclose: | ||
(A) the make, model, and serial number of each | ||
firearm owned by or under the custody and control of | ||
the revoked person; | ||
(B) the location where each firearm will be | ||
maintained during the prohibited term; and | ||
(C) if any firearm will be transferred to the | ||
custody of another person, the name, address and | ||
Firearm Owner's Identification Card number of the | ||
transferee ; and . | ||
(D) to whom his or her Firearm Owner's | ||
Identification Card was surrendered. | ||
Once completed, the person shall retain a copy and | ||
provide a copy of the Firearm Disposition Record to the | ||
Illinois State Police. | ||
(b) Upon confirming through the portal created under | ||
Section 2605-304 of the Department of State Police Law of the | ||
Civil Administrative Code of Illinois that the Firearm Owner's | ||
Identification Card has been revoked by the Illinois State | ||
Police, surrendered cards shall be destroyed by the law |
enforcement agency receiving the cards. If a card has not been | ||
revoked, the card shall be returned to the cardholder. The | ||
local law enforcement agency shall provide a copy of the | ||
Firearm Disposition Record to the person whose Firearm Owner's | ||
Identification Card has been revoked and to the Department of | ||
State Police. | ||
(b-5) If a court orders the surrender of a Firearms | ||
Owner's Identification Card and accepts receipt of the Card, | ||
the court shall destroy the Card and direct the person whose | ||
Firearm Owner's Identification Card has been surrendered to | ||
comply with paragraph (2) of subsection (a). | ||
(b-10) If the person whose Firearm Owner's Identification | ||
Card has been revoked has either lost or destroyed the Card, | ||
the person must still comply with paragraph (2) of subsection | ||
(a). | ||
(b-15) A notation shall be made in the portal created | ||
under Section 2605-304 of the Department of State Police Law | ||
of the Civil Administrative Code of Illinois that the revoked | ||
Firearm Owner's Identification Card has been destroyed. | ||
(c) If the person whose Firearm Owner's Identification | ||
Card has been revoked fails to comply with the requirements of | ||
this Section, the sheriff or law enforcement agency where the | ||
person resides may petition the circuit court to issue a | ||
warrant to search for and seize the Firearm Owner's | ||
Identification Card and firearms in the possession or under | ||
the custody or control of the person whose Firearm Owner's |
Identification Card has been revoked. | ||
(d) A violation of subsection (a) of this Section is a | ||
Class A misdemeanor. | ||
(e) The observation of a Firearm Owner's Identification | ||
Card in the possession of a person whose Firearm Owner's | ||
Identification Card has been revoked constitutes a sufficient | ||
basis for the arrest of that person for violation of this | ||
Section. | ||
(f) Within 30 days after the effective date of this | ||
amendatory Act of the 98th General Assembly, the Department of | ||
State Police shall provide written notice of the requirements | ||
of this Section to persons whose Firearm Owner's | ||
Identification Cards have been revoked, suspended, or expired | ||
and who have failed to surrender their cards to the | ||
Department. | ||
(g) A person whose Firearm Owner's Identification Card has | ||
been revoked and who received notice under subsection (f) | ||
shall comply with the requirements of this Section within 48 | ||
hours of receiving notice.
| ||
(Source: P.A. 98-63, eff. 7-9-13.)
| ||
(430 ILCS 65/10) (from Ch. 38, par. 83-10)
| ||
Sec. 10. Appeals Appeal to director ; hearing; relief from | ||
firearm prohibitions. | ||
(a) Whenever an application for a Firearm Owner's | ||
Identification
Card is denied , whenever the Department fails |
to act on an application
within 30 days of its receipt, or | ||
whenever such a Card is revoked or seized
as provided for in | ||
Section 8 of this Act, the aggrieved party may
(1) file a | ||
record challenge with the Director regarding the record upon | ||
which the decision to deny or revoke the Firearm Owner's | ||
Identification Card was based under subsection (a-5); or (2) | ||
appeal
to the Director of the Illinois State Police through | ||
December 31, 2022, or beginning January 1, 2023, the Firearm | ||
Owner's Identification Card Review Board for a hearing seeking | ||
relief from upon
such denial or , revocation or seizure, | ||
unless the denial or , revocation , or seizure
was based upon a | ||
forcible felony, stalking, aggravated stalking, domestic
| ||
battery, any violation of the Illinois Controlled Substances | ||
Act, the Methamphetamine Control and Community Protection Act, | ||
or the
Cannabis Control Act that is classified as a Class 2 or | ||
greater felony,
any
felony violation of Article 24 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, or any
| ||
adjudication as a delinquent minor for the commission of an
| ||
offense that if committed by an adult would be a felony, in | ||
which case the
aggrieved party may petition the circuit court | ||
in writing in the county of
his or her residence for a hearing | ||
seeking relief from upon such denial or , revocation , or | ||
seizure .
| ||
(a-5) There is created a Firearm Owner's Identification | ||
Card Review Board to consider any appeal under subsection (a) | ||
beginning January 1, 2023, other than an appeal directed to |
the circuit court and except when the applicant is challenging | ||
the record upon which the decision to deny or revoke was based | ||
as provided in subsection (a-10). | ||
(0.05) In furtherance of the policy of this Act that | ||
the Board shall exercise its powers and duties in an | ||
independent manner, subject to the provisions of this Act | ||
but free from the direction, control, or influence of any | ||
other agency or department of State government. All | ||
expenses and liabilities incurred by the Board in the | ||
performance of its responsibilities hereunder shall be | ||
paid from funds which shall be appropriated to the Board | ||
by the General Assembly for the ordinary and contingent | ||
expenses of the Board. | ||
(1) The Board shall consist of 7 members appointed by | ||
the Governor, with the advice and consent of the Senate, | ||
with 3 members residing within the First Judicial District | ||
and one member residing within each of the 4 remaining | ||
Judicial Districts. No more than 4 members shall be | ||
members of the same political party. The Governor shall | ||
designate one member as the chairperson. The Board shall | ||
consist of: | ||
(A) one member with at least 5 years of service as | ||
a federal or State judge; | ||
(B) one member with at least 5 years of experience | ||
serving as an attorney with the United States | ||
Department of Justice, or as a State's Attorney or |
Assistant State's Attorney; | ||
(C) one member with at least 5 years of experience | ||
serving as a State or federal public defender or | ||
assistant public defender; | ||
(D) three members with at least 5 years of | ||
experience as a federal, State, or local law | ||
enforcement agent or as an employee with investigative | ||
experience or duties related to criminal justice under | ||
the United States Department of Justice, Drug | ||
Enforcement Administration, Department of Homeland | ||
Security, Federal Bureau of Investigation, or a State | ||
or local law enforcement agency; and | ||
(E) one member with at least 5 years of experience | ||
as a licensed physician or clinical psychologist with | ||
expertise in the diagnosis and treatment of mental | ||
illness. | ||
(2) The terms of the members initially appointed after
| ||
the effective date of this amendatory Act of the 102nd | ||
General Assembly shall be as follows: one of
the initial | ||
members shall be appointed for a term of one year, 3 shall | ||
be
appointed for terms of 2 years, and 3 shall be appointed | ||
for terms of 4 years. Thereafter, members shall hold | ||
office for 4 years, with terms expiring on the second | ||
Monday in January immediately following the expiration of | ||
their terms and every 4 years thereafter. Members may be | ||
reappointed. Vacancies in the office of member shall be |
filled in the same manner as the original appointment, for | ||
the remainder of the unexpired term. The Governor may | ||
remove a member for incompetence, neglect of duty, | ||
malfeasance, or inability to serve. Members shall receive | ||
compensation in an amount equal to the compensation of | ||
members of the Executive Ethics Commission and may be | ||
reimbursed, from funds appropriated for such a purpose, | ||
for reasonable expenses actually incurred in the | ||
performance of their Board duties. The Illinois State | ||
Police shall designate an employee to serve as Executive | ||
Director of the Board and provide logistical and | ||
administrative assistance to the Board. | ||
(3) The Board shall meet at least quarterly each year | ||
and at the call of the chairperson as often as necessary to | ||
consider appeals of decisions made with respect to | ||
applications for a Firearm Owner's Identification Card | ||
under this Act. If necessary to ensure the participation | ||
of a member, the Board shall allow a member to participate | ||
in a Board meeting by electronic communication. Any member | ||
participating electronically shall be deemed present for | ||
purposes of establishing a quorum and voting. | ||
(4) The Board shall adopt rules for the review of | ||
appeals and the conduct of hearings. The Board shall | ||
maintain a record of its decisions and all materials | ||
considered in making its decisions. All Board decisions | ||
and voting records shall be kept confidential and all |
materials considered by the Board shall be exempt from | ||
inspection except upon order of a court. | ||
(5) In considering an appeal, the Board shall review | ||
the materials received concerning the denial or revocation | ||
by the Illinois State Police. By a vote of at least 4 | ||
members, the Board may request additional information from | ||
the Illinois State Police or the applicant or the | ||
testimony of the Illinois State Police or the applicant. | ||
The Board may require that the applicant submit electronic | ||
fingerprints to the Illinois State Police for an updated | ||
background check if the Board determines it lacks | ||
sufficient information to determine eligibility. The Board | ||
may consider information submitted by the Illinois State | ||
Police, a law enforcement agency, or the applicant. The | ||
Board shall review each denial or revocation and determine | ||
by a majority of members whether an applicant should be | ||
granted relief under subsection (c). | ||
(6) The Board shall by order issue summary decisions. | ||
The Board shall issue a decision within 45 days of | ||
receiving all completed appeal documents from the Illinois | ||
State Police and the applicant. However, the Board need | ||
not issue a decision within 45 days if: | ||
(A) the Board requests information from the | ||
applicant, including, but not limited to, electronic | ||
fingerprints to be submitted to the Illinois State | ||
Police, in accordance with paragraph (5) of this |
subsection, in which case the Board shall make a | ||
decision within 30 days of receipt of the required | ||
information from the applicant; | ||
(B) the applicant agrees, in writing, to allow the | ||
Board additional time to consider an appeal; or | ||
(C) the Board notifies the applicant and the | ||
Illinois State Police that the Board needs an | ||
additional 30 days to issue a decision. The Board may | ||
only issue 2 extensions under this subparagraph (C). | ||
The Board's notification to the applicant and the | ||
Illinois State Police shall include an explanation for | ||
the extension. | ||
(7) If the Board determines that the applicant is | ||
eligible for relief under subsection (c), the Board shall | ||
notify the applicant and the Illinois State Police that | ||
relief has been granted and the Illinois State Police | ||
shall issue the Card. | ||
(8) Meetings of the Board shall not be subject to the | ||
Open Meetings Act and records of the Board shall not be | ||
subject to the Freedom of Information Act. | ||
(9) The Board shall report monthly to the Governor and | ||
the General Assembly on the number of appeals received and | ||
provide details of the circumstances in which the Board | ||
has determined to deny Firearm Owner's Identification | ||
Cards under this subsection (a-5). The report shall not | ||
contain any identifying information about the applicants. |
(a-10) Whenever an applicant or cardholder is not seeking | ||
relief from a firearms prohibition under subsection (c) but | ||
rather does not believe the applicant is appropriately denied | ||
or revoked and is challenging the record upon which the | ||
decision to deny or revoke the Firearm Owner's Identification | ||
Card was based, or whenever the Illinois State Police fails to | ||
act on an application within 30 days of its receipt, the | ||
applicant shall file such challenge with the Director. The | ||
Director shall render a decision within 60 business days of | ||
receipt of all information supporting the challenge. The | ||
Illinois State Police shall adopt rules for the review of a | ||
record challenge. | ||
(b) At least 30 days before any hearing in the circuit | ||
court, the
petitioner shall serve the
relevant State's | ||
Attorney with a copy of the petition. The State's Attorney
may | ||
object to the petition and present evidence. At the hearing , | ||
the court
shall
determine whether substantial justice has been | ||
done. Should the court
determine that substantial justice has | ||
not been done, the court shall issue an
order directing the | ||
Illinois Department of State Police to issue a Card. However, | ||
the court shall not issue the order if the petitioner is | ||
otherwise prohibited from obtaining, possessing, or using a | ||
firearm under
federal law.
| ||
(c) Any person prohibited from possessing a firearm under | ||
Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or | ||
acquiring a Firearm Owner's
Identification Card under Section |
8 of this Act may apply to
the Firearm Owner's Identification | ||
Card Review Board Director
of State Police
or petition the | ||
circuit court in the county where the petitioner resides,
| ||
whichever is applicable in accordance with subsection (a) of | ||
this Section,
requesting relief
from such prohibition and the | ||
Board Director or court may grant such relief if it
is
| ||
established by the applicant to the court's or the Board's | ||
Director's satisfaction
that:
| ||
(0.05) when in the circuit court, the State's Attorney | ||
has been served
with a written
copy of the
petition at | ||
least 30 days before any such hearing in the circuit court | ||
and at
the hearing the
State's Attorney was afforded an | ||
opportunity to present evidence and object to
the | ||
petition;
| ||
(1) the applicant has not been convicted of a forcible | ||
felony under the
laws of this State or any other | ||
jurisdiction within 20 years of the
applicant's | ||
application for a Firearm Owner's Identification Card, or | ||
at
least 20 years have passed since the end of any period | ||
of imprisonment
imposed in relation to that conviction;
| ||
(2) the circumstances regarding a criminal conviction, | ||
where applicable,
the applicant's criminal history and his | ||
reputation are such that the applicant
will not be likely | ||
to act in a manner dangerous to public safety;
| ||
(3) granting relief would not be contrary to the | ||
public interest; and |
(4) granting relief would not be contrary to federal | ||
law.
| ||
(c-5) (1) An active law enforcement officer employed by a | ||
unit of government, who is denied, revoked, or has his or her | ||
Firearm Owner's Identification Card seized under subsection | ||
(e) of Section 8 of this Act may apply to the Firearm Owner's | ||
Identification Card Review Board Director of State Police | ||
requesting relief if the officer did not act in a manner | ||
threatening to the officer, another person, or the public as | ||
determined by the treating clinical psychologist or physician, | ||
and as a result of his or her work is referred by the employer | ||
for or voluntarily seeks mental health evaluation or treatment | ||
by a licensed clinical psychologist, psychiatrist, or | ||
qualified examiner, and: | ||
(A) the officer has not received treatment | ||
involuntarily at a mental health facility, regardless of | ||
the length of admission; or has not been voluntarily | ||
admitted to a mental health facility for more than 30 days | ||
and not for more than one incident within the past 5 years; | ||
and | ||
(B) the officer has not left the mental institution | ||
against medical advice. | ||
(2) The Firearm Owner's Identification Card Review Board | ||
Director of State Police shall grant expedited relief to | ||
active law enforcement officers described in paragraph (1) of | ||
this subsection (c-5) upon a determination by the Board |
Director that the officer's possession of a firearm does not | ||
present a threat to themselves, others, or public safety. The | ||
Board Director shall act on the request for relief within 30 | ||
business days of receipt of: | ||
(A) a notarized statement from the officer in the form | ||
prescribed by the Board Director detailing the | ||
circumstances that led to the hospitalization; | ||
(B) all documentation regarding the admission, | ||
evaluation, treatment and discharge from the treating | ||
licensed clinical psychologist or psychiatrist of the | ||
officer; | ||
(C) a psychological fitness for duty evaluation of the | ||
person completed after the time of discharge; and | ||
(D) written confirmation in the form prescribed by the | ||
Board Director from the treating licensed clinical | ||
psychologist or psychiatrist that the provisions set forth | ||
in paragraph (1) of this subsection (c-5) have been met, | ||
the person successfully completed treatment, and their | ||
professional opinion regarding the person's ability to | ||
possess firearms. | ||
(3) Officers eligible for the expedited relief in | ||
paragraph (2) of this subsection (c-5) have the burden of | ||
proof on eligibility and must provide all information | ||
required. The Board Director may not consider granting | ||
expedited relief until the proof and information is received. | ||
(4) "Clinical psychologist", "psychiatrist", and |
"qualified examiner" shall have the same meaning as provided | ||
in Chapter I of the Mental Health and Developmental | ||
Disabilities Code. | ||
(c-10) (1) An applicant, who is denied, revoked, or has | ||
his or her Firearm Owner's Identification Card seized under | ||
subsection (e) of Section 8 of this Act based upon a | ||
determination of a developmental disability or an intellectual | ||
disability may apply to the Firearm Owner's Identification | ||
Card Review Board Director of State Police requesting relief. | ||
(2) The Board Director shall act on the request for relief | ||
within 60 business days of receipt of written certification, | ||
in the form prescribed by the Board Director , from a physician | ||
or clinical psychologist, or qualified examiner, that the | ||
aggrieved party's developmental disability or intellectual | ||
disability condition is determined by a physician, clinical | ||
psychologist, or qualified to be mild. If a fact-finding | ||
conference is scheduled to obtain additional information | ||
concerning the circumstances of the denial or revocation, the | ||
60 business days the Director has to act shall be tolled until | ||
the completion of the fact-finding conference. | ||
(3) The Board Director may grant relief if the aggrieved | ||
party's developmental disability or intellectual disability is | ||
mild as determined by a physician, clinical psychologist, or | ||
qualified examiner and it is established by the applicant to | ||
the Board's Director's satisfaction that: | ||
(A) granting relief would not be contrary to the |
public interest; and | ||
(B) granting relief would not be contrary to federal | ||
law. | ||
(4) The Board Director may not grant relief if the | ||
condition is determined by a physician, clinical psychologist, | ||
or qualified examiner to be moderate, severe, or profound. | ||
(5) The changes made to this Section by Public Act 99-29 | ||
this amendatory Act of the 99th General Assembly apply to | ||
requests for
relief pending on or before July 10, 2015 ( the | ||
effective date of Public Act 99-29) this amendatory Act , | ||
except that the 60-day period for the Director to act on | ||
requests pending before the effective date shall begin
on July | ||
10, 2015 ( the effective date of Public Act 99-29) this | ||
amendatory Act . All appeals as provided in subsection (a-5), | ||
pending on January 1, 2023, shall be considered by the Board. | ||
(d) When a minor is adjudicated delinquent for an offense | ||
which if
committed by an adult would be a felony, the court | ||
shall notify the Illinois Department
of State Police.
| ||
(e) The court shall review the denial of an application or | ||
the revocation of
a Firearm Owner's Identification Card of a | ||
person who has been adjudicated
delinquent for an offense that | ||
if
committed by an adult would be a felony if an
application | ||
for relief has been filed at least 10 years after the | ||
adjudication
of delinquency and the court determines that the | ||
applicant should be
granted relief from disability to obtain a | ||
Firearm Owner's Identification Card.
If the court grants |
relief, the court shall notify the Illinois Department of | ||
State
Police that the disability has
been removed and that the | ||
applicant is eligible to obtain a Firearm Owner's
| ||
Identification Card.
| ||
(f) Any person who is subject to the disabilities of 18 | ||
U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act | ||
of 1968 because of an adjudication or commitment that occurred | ||
under the laws of this State or who was determined to be | ||
subject to the provisions of subsections (e), (f), or (g) of | ||
Section 8 of this Act may apply to the Illinois Department of | ||
State Police requesting relief from that prohibition. The | ||
Board Director shall grant the relief if it is established by a | ||
preponderance of the evidence that the person will not be | ||
likely to act in a manner dangerous to public safety and that | ||
granting relief would not be contrary to the public interest. | ||
In making this determination, the Board Director shall receive | ||
evidence concerning (i) the circumstances regarding the | ||
firearms disabilities from which relief is sought; (ii) the | ||
petitioner's mental health and criminal history records, if | ||
any; (iii) the petitioner's reputation, developed at a minimum | ||
through character witness statements, testimony, or other | ||
character evidence; and (iv) changes in the petitioner's | ||
condition or circumstances since the disqualifying events | ||
relevant to the relief sought. If relief is granted under this | ||
subsection or by order of a court under this Section, the | ||
Director shall as soon as practicable but in no case later than |
15 business days, update, correct, modify, or remove the | ||
person's record in any database that the Illinois Department | ||
of State Police makes available to the National Instant | ||
Criminal Background Check System and notify the United States | ||
Attorney General that the basis for the record being made | ||
available no longer applies. The Illinois Department of State | ||
Police shall adopt rules for the administration of this | ||
Section. | ||
(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78, | ||
eff. 7-20-15.)
| ||
(430 ILCS 65/11) (from Ch. 38, par. 83-11)
| ||
Sec. 11. Judicial review of final administrative | ||
decisions. | ||
(a) All final administrative decisions of the Firearm | ||
Owner's Identification Card Review Board Department under this
| ||
Act, except final administrative decisions of the Firearm | ||
Owner's Identification Card Review Board Director of State | ||
Police to deny a person's application for relief under | ||
subsection (f) of Section 10 of this Act, shall be subject to | ||
judicial review under the provisions of the Administrative
| ||
Review Law, and all amendments and
modifications thereof, and | ||
the rules adopted pursuant thereto. The term
"administrative | ||
decision" is defined as in Section 3-101 of the Code of
Civil | ||
Procedure.
| ||
(b) Any final administrative decision by the Firearm |
Owner's Identification Card Review Board Director of State | ||
Police to deny a person's application for relief under | ||
subsection (f) of Section 10 of this Act is subject to de novo | ||
judicial review by the circuit court, and any party may offer | ||
evidence that is otherwise proper and admissible without | ||
regard to whether that evidence is part of the administrative | ||
record. | ||
(c) The Firearm Owner's Identification Card Review Board | ||
Director of State Police shall submit a report to the General
| ||
Assembly on March 1 of each year, beginning March 1, 1991, | ||
listing all
final decisions by a court of this State | ||
upholding, reversing, or
reversing in part any administrative | ||
decision made by the Department of State Police.
| ||
(Source: P.A. 97-1131, eff. 1-1-13.)
| ||
(430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)
| ||
Sec. 13.2. Renewal; name , photograph, or address change; | ||
replacement card. The Department of State Police shall, 180 60 | ||
days
prior to the expiration of a Firearm Owner's | ||
Identification Card,
forward by first class mail or by other | ||
means provided in Section 7.5 to each person whose card is to | ||
expire a
notification of the
expiration of the card and | ||
instructions for renewal.
It is the obligation of the holder | ||
of a Firearm Owner's Identification Card
to notify the | ||
Department of State Police of any address change since the
| ||
issuance of
the Firearm Owner's Identification Card. The |
Illinois State Police may update the applicant and card | ||
holders address based upon records in the Secretary of State | ||
Driver's License or Illinois identification card records of | ||
applicants who do not have driver's licenses. Whenever any | ||
person moves from the residence address named on his or her | ||
card, the person shall within 21 calendar days thereafter | ||
notify in a form and manner prescribed by the Department of his | ||
or her old and new residence addresses and the card number held | ||
by him or her. Any person whose legal name has changed from the | ||
name on the card that he or she has been previously issued must | ||
apply for a corrected card within 30 calendar days after the | ||
change. The cost for an updated or a corrected card shall be | ||
$5. The cost for replacement of a card which has been lost, | ||
destroyed, or stolen shall be $5 if the loss, destruction, or | ||
theft of the card is reported to the Department of State | ||
Police. The fees collected under this Section shall be | ||
deposited into the State Police Firearm Services Fund.
| ||
(Source: P.A. 100-906, eff. 1-1-19 .)
| ||
(430 ILCS 65/13.4 new) | ||
Sec. 13.4. Illinois State Police; rule making authority. | ||
The Illinois State Police shall by rule adopt the following | ||
procedures: | ||
(1) When a person who possesses a valid Firearm Owner's | ||
Identification Card applies for and is approved for a | ||
concealed carry license, the valid Firearm Owner's |
Identification Card is renewed for 10 years from the time of | ||
approval instead of 10 years from the date of the original | ||
card. | ||
(2) If a person is eligible for both a Firearm Owner's | ||
Identification Card and a concealed carry license, the | ||
Illinois State Police shall by rule create one card that may be | ||
used as both a Firearm Owner's Identification Card and a | ||
concealed carry license. A combined Firearm Owner's | ||
Identification Card and concealed carry license shall be | ||
considered a valid card for the purposes of this Act. If a | ||
person who possesses a combined Firearm Owner's Identification | ||
Card and a concealed carry license becomes subject to | ||
suspension or revocation under the Firearm Concealed Carry | ||
Act, but is otherwise eligible for a valid Firearm Owner's | ||
Identification Card, the Illinois State Police shall ensure | ||
the person's Firearm Owner's Identification Card status is not | ||
interrupted. The Illinois State Police shall adopt rules to | ||
implement this Section. | ||
Section 25. The Firearm Concealed Carry Act is amended by | ||
changing Sections 10, 20, 30, 50, 55, and 70 and by adding | ||
Sections 10.5, 10.6, and 66 as follows: | ||
(430 ILCS 66/10)
| ||
Sec. 10. Issuance of licenses to carry a concealed | ||
firearm. |
(a) The Department shall issue a license to carry a | ||
concealed firearm under this Act to an applicant who: | ||
(1) meets the qualifications of Section 25 of this | ||
Act; | ||
(2) has provided the application and documentation | ||
required in Section 30 of this Act; | ||
(3) has submitted the requisite fees; and | ||
(4) does not pose a danger to himself, herself, or | ||
others, or a threat to public safety as determined by the | ||
Concealed Carry Licensing Review Board in accordance with | ||
Section 20. | ||
(b) The Department shall issue a renewal, corrected, or | ||
duplicate license as provided in this Act. | ||
(c) A license shall be valid throughout the State for a | ||
period of 5 years from the date of issuance. A license shall | ||
permit the licensee to: | ||
(1) carry a loaded or unloaded concealed firearm, | ||
fully concealed or partially concealed, on or about his or | ||
her person; and
| ||
(2) keep or carry a loaded or unloaded concealed | ||
firearm on or about his or her person within a vehicle. | ||
(d) The Department shall make applications for a license | ||
available no later than 180 days after the effective date of | ||
this Act. The Department shall establish rules for the | ||
availability and submission of applications in accordance with | ||
this Act. |
(e) An application for a license submitted to the | ||
Department that contains all the information and materials | ||
required by this Act, including the requisite fee, shall be | ||
deemed completed. Except as otherwise provided in this Act, no | ||
later than 90 days after receipt of a completed application, | ||
the Department shall issue or deny the applicant a license. | ||
The Illinois State Police shall notify the applicant for a | ||
concealed carry license, electronically, to confirm if all the | ||
required information and materials have been received. If an | ||
applicant for a concealed carry license submits his or her | ||
application electronically, the Illinois State Police shall | ||
notify the applicant electronically if his or her application | ||
is missing information or materials. | ||
(f) The Department shall deny the applicant a license if | ||
the applicant fails to meet the requirements under this Act or | ||
the Department receives a determination from the Board that | ||
the applicant is ineligible for a license. The Department must | ||
notify the applicant stating the grounds for the denial. The | ||
notice of denial must inform the applicant of his or her right | ||
to an appeal through administrative and judicial review. | ||
(g) A licensee shall possess a license at all times the | ||
licensee carries a concealed firearm except: | ||
(1) when the licensee is carrying or possessing a | ||
concealed firearm on his or her land or in his or her | ||
abode, legal dwelling, or fixed place of business, or on | ||
the land or in the legal dwelling of another person as an |
invitee with that person's permission; | ||
(2) when the person is authorized to carry a firearm | ||
under Section 24-2 of the Criminal Code of 2012, except | ||
subsection (a-5) of that Section; or | ||
(3) when the handgun is broken down in a | ||
non-functioning state, is not immediately accessible, or | ||
is unloaded and enclosed in a case. | ||
(h) If an officer of a law enforcement agency initiates an | ||
investigative stop, including but not limited to a traffic | ||
stop, of a licensee or a non-resident carrying a concealed | ||
firearm under subsection (e) of
Section 40 of this Act, upon | ||
the request of the officer the licensee or non-resident shall | ||
disclose to the officer that he or she is in possession of a | ||
concealed firearm under this Act, or present the license upon | ||
the request of the officer if he or she is a licensee or | ||
present upon the request of the officer evidence
under | ||
paragraph (2) of subsection (e) of Section 40 of this Act that | ||
he or she is a non-resident qualified to carry
under that | ||
subsection. The disclosure requirement under this subsection | ||
(h) is satisfied if the licensee presents his or her license to | ||
the officer or the non-resident presents to the officer | ||
evidence under paragraph (2) of subsection (e) of Section 40 | ||
of this Act that he or she is qualified to carry under that | ||
subsection. Upon the request of the officer, the licensee or | ||
non-resident shall also identify the location of the concealed | ||
firearm and permit the officer to safely secure the firearm |
for the duration of the investigative stop. During a traffic | ||
stop, any
passenger within the vehicle who is a licensee or a | ||
non-resident carrying under subsection (e) of
Section 40 of | ||
this Act must comply with the requirements of this subsection | ||
(h). | ||
(h-1) If a licensee carrying a firearm or a non-resident | ||
carrying a firearm in a vehicle under subsection (e) of | ||
Section 40 of this Act is contacted by a law enforcement | ||
officer or emergency
services personnel, the law enforcement | ||
officer or emergency services personnel may secure the firearm
| ||
or direct that it be secured during the duration of the contact | ||
if the law enforcement officer or emergency
services personnel | ||
determines that it is necessary for the safety of any person
| ||
present, including the law enforcement officer or emergency | ||
services personnel. The licensee or nonresident
shall submit | ||
to the order to secure the firearm. When the law enforcement | ||
officer or emergency services
personnel have determined that | ||
the licensee or non-resident is not a threat to
the safety of | ||
any person present, including the law enforcement officer or | ||
emergency services personnel, and
if the licensee or | ||
non-resident is physically and mentally capable of
possessing | ||
the firearm, the law enforcement officer or emergency services | ||
personnel shall return the
firearm to the licensee or | ||
non-resident before releasing him or her from the
scene and | ||
breaking contact. If the licensee or non-resident is | ||
transported for
treatment to another location, the firearm |
shall be turned over to any peace
officer. The peace officer | ||
shall provide a receipt which includes the make,
model, | ||
caliber, and serial number of the firearm. | ||
(i) The Department shall maintain a database of license | ||
applicants and licensees. The database shall be available to | ||
all federal, State, and local law enforcement agencies, | ||
State's Attorneys, the Attorney General, and authorized court | ||
personnel. Within 180 days after the effective date of this | ||
Act, the database shall be searchable and provide all | ||
information included in the application, including the | ||
applicant's previous addresses within the 10 years prior to | ||
the license application and any information related to | ||
violations of this Act. No law enforcement agency, State's | ||
Attorney, Attorney General, or member or staff of the | ||
judiciary shall provide any information to a requester who is | ||
not entitled to it by law. | ||
(j) No later than 10 days after receipt of a completed | ||
application, the Department shall enter the relevant | ||
information about the applicant into the database under | ||
subsection (i) of this Section which is accessible by law | ||
enforcement agencies.
| ||
(k) The Illinois State Police shall continuously monitor | ||
relevant State and federal databases for firearms prohibitors | ||
and correlate those records with concealed carry license | ||
holders to ensure compliance with this Act, or State and | ||
federal law. The Illinois State Police may adopt rules to |
implement this subsection. | ||
(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29, | ||
eff. 7-10-15.) | ||
(430 ILCS 66/10.5 new) | ||
Sec. 10.5. Electronic concealed carry licenses. The | ||
Illinois State Police may develop a system under which the | ||
holder of a concealed carry license may display an electronic | ||
version of his or her license on a mobile telephone or other | ||
portable electronic device. An electronic version of a | ||
concealed carry license shall contain security features the | ||
Illinois State Police determines to be necessary to ensure | ||
that the electronic version is accurate and current and shall | ||
satisfy other requirements the Illinois State Police | ||
determines to be necessary regarding form and content. The | ||
display or possession of an electronic version of a valid | ||
concealed carry license in accordance with the requirements of | ||
the Illinois State Police satisfies all requirements for the | ||
display or possession of a valid concealed carry license under | ||
the laws of this State. The possession or display of an | ||
electronic concealed carry license on a mobile telephone or | ||
other portable electronic device does not constitute consent | ||
for a law enforcement officer, court, or other officer of the | ||
court to access other contents of the mobile telephone or | ||
other portable electronic device. The Illinois State Police | ||
may adopt rules to implement this Section. |
(430 ILCS 66/10.6 new) | ||
Sec. 10.6. Email and text messages notifications. A person | ||
subject to this Act may notify the Department upon application | ||
or at any time thereafter that he or she would like to receive | ||
correspondence from the Illinois State Police via email or | ||
text message and may opt out of first-class mail. Such | ||
correspondence may include notification of the status of a | ||
person's application, suspension, revocation, appeal, and | ||
other notifications concerning his or her concealed carry | ||
license. A person may request email or text message, or both. | ||
Any person selecting email or text message alerts must have | ||
either or both the person's email or cellular phone number on | ||
file with the Illinois State Police. | ||
(430 ILCS 66/20)
| ||
Sec. 20. Concealed Carry Licensing Review Board. | ||
(a) There is hereby created within the Department of State | ||
Police a Concealed Carry Licensing Review Board to consider | ||
any objection to an applicant's eligibility to obtain a | ||
license under this Act submitted by a law enforcement agency | ||
or the Department under Section 15 of this Act. The Board shall | ||
consist of 7 commissioners to be appointed by the Governor, | ||
with the advice and consent of the Senate, with 3 | ||
commissioners residing within the First Judicial District and | ||
one commissioner residing within each of the 4 remaining |
Judicial Districts. No more than 4 commissioners shall be | ||
members of the same political party. The Governor shall | ||
designate one commissioner as the Chairperson. The Board shall | ||
consist of: | ||
(1) one commissioner with at least 5 years of service | ||
as a federal judge; | ||
(2) 2 commissioners with at least 5 years of | ||
experience serving as an attorney with the United States | ||
Department of Justice; | ||
(3) 3 commissioners with at least 5 years of | ||
experience as a federal agent or employee with | ||
investigative experience or duties related to criminal | ||
justice under the United States Department of Justice, | ||
Drug Enforcement Administration, Department of Homeland | ||
Security, or Federal Bureau of Investigation; and | ||
(4) one member with at least 5 years of experience as a | ||
licensed physician or clinical psychologist with expertise | ||
in the diagnosis and treatment of mental illness. | ||
(b) The initial terms of the commissioners shall end on | ||
January 12, 2015. Notwithstanding any provision in this | ||
Section to the contrary, the term
of office of each | ||
commissioner of the Concealed Carry Licensing Review Board is | ||
abolished on
the effective date of this amendatory Act of the | ||
102nd General Assembly. The terms of the commissioners | ||
appointed on or after
the effective date of this amendatory | ||
Act of the 102nd General Assembly shall be as follows: one of
|
the initial members shall be appointed for a term of one year, | ||
3 shall be
appointed for terms of 2 years, and 3 shall be | ||
appointed for terms of 4 years. Thereafter, the commissioners | ||
shall hold office for 4 years, with terms expiring on the | ||
second Monday in January of the fourth year. Commissioners may | ||
be reappointed. Vacancies in the office of commissioner shall | ||
be filled in the same manner as the original appointment, for | ||
the remainder of the unexpired term. The Governor may remove a | ||
commissioner for incompetence, neglect of duty, malfeasance, | ||
or inability to serve. Commissioners shall receive | ||
compensation in an amount equal to the compensation of members | ||
of the Executive Ethics Commission and may be reimbursed for | ||
reasonable expenses actually incurred in the performance of | ||
their Board duties, from funds appropriated for that purpose. | ||
(c) The Board shall meet at the call of the chairperson as | ||
often as necessary to consider objections to applications for | ||
a license under this Act. If necessary to ensure the | ||
participation of a commissioner, the Board shall allow a | ||
commissioner to participate in a Board meeting by electronic | ||
communication. Any commissioner participating electronically | ||
shall be deemed present for purposes of establishing a quorum | ||
and voting. | ||
(d) The Board shall adopt rules for the review of | ||
objections and the conduct of hearings. The Board shall | ||
maintain a record of its decisions and all materials | ||
considered in making its decisions. All Board decisions and |
voting records shall be kept confidential and all materials | ||
considered by the Board shall be exempt from inspection except | ||
upon order of a court. | ||
(e) In considering an objection of a law enforcement | ||
agency or the Department, the Board shall review the materials | ||
received with the objection from the law enforcement agency or | ||
the Department. By a vote of at least 4 commissioners, the | ||
Board may request additional information from the law | ||
enforcement agency, Department, or the applicant, or the | ||
testimony of the law enforcement agency, Department, or the | ||
applicant. The Board may require that the applicant submit | ||
electronic fingerprints to the Department for an updated | ||
background check where the Board determines it lacks | ||
sufficient information to determine eligibility. The Board may | ||
only consider information submitted by the Department, a law | ||
enforcement agency, or the applicant. The Board shall review | ||
each objection and determine by a majority of commissioners | ||
whether an applicant is eligible for a license. | ||
(f) The Board shall issue a decision within 30 days of | ||
receipt of the objection from the Department. However, the | ||
Board need not issue a decision within 30 days if: | ||
(1) the Board requests information from the applicant, | ||
including but not limited to electronic fingerprints to be | ||
submitted to the Department, in accordance with subsection | ||
(e) of this Section, in which case the Board shall make a | ||
decision within 30 days of receipt of the required |
information from the applicant; | ||
(2) the applicant agrees, in writing, to allow the | ||
Board additional time to consider an objection; or | ||
(3) the Board notifies the applicant and the | ||
Department that the Board needs an additional 30 days to | ||
issue a decision. | ||
(g) If the Board determines by a preponderance of the | ||
evidence that the applicant poses a danger to himself or | ||
herself or others, or is a threat to public safety, then the | ||
Board shall affirm the objection of the law enforcement agency | ||
or the Department and shall notify the Department that the | ||
applicant is ineligible for a license. If the Board does not | ||
determine by a preponderance of the evidence that the | ||
applicant poses a danger to himself or herself or others, or is | ||
a threat to public safety, then the Board shall notify the | ||
Department that the applicant is eligible for a license. | ||
(h) Meetings of the Board shall not be subject to the Open | ||
Meetings Act and records of the Board shall not be subject to | ||
the Freedom of Information Act. | ||
(i) The Board shall report monthly to the Governor and the | ||
General Assembly on the number of objections received and | ||
provide details of the circumstances in which the Board has | ||
determined to deny licensure based on law enforcement or | ||
Department objections under Section 15 of this Act. The report | ||
shall not contain any identifying information about the | ||
applicants.
|
(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.) | ||
(430 ILCS 66/30)
| ||
Sec. 30. Contents of license application. | ||
(a) The license application shall be in writing, under | ||
penalty of perjury, on a standard form adopted by the | ||
Department and shall be accompanied by the documentation | ||
required in this Section and the applicable fee. Each | ||
application form shall include the following statement printed | ||
in bold type: "Warning: Entering false information on this | ||
form is punishable as perjury under Section 32-2 of the | ||
Criminal Code of 2012." | ||
(b) The application shall contain the following: | ||
(1) the applicant's name, current address, date and | ||
year of birth, place of birth, height, weight, hair color, | ||
eye color, maiden name or any other name the applicant has | ||
used or identified with, and any address where the | ||
applicant resided for more than 30 days within the 10 | ||
years preceding the date of the license application; | ||
(2) the applicant's valid driver's license number or | ||
valid state identification card number; | ||
(3) a waiver of the applicant's privacy and | ||
confidentiality rights and privileges under all federal | ||
and state laws, including those limiting access to | ||
juvenile court, criminal justice, psychological, or | ||
psychiatric records or records relating to any |
institutionalization of the applicant, and an affirmative | ||
request that a person having custody of any of these | ||
records provide it or information concerning it to the | ||
Department. The waiver only applies to records sought in | ||
connection with determining whether the applicant | ||
qualifies for a license to carry a concealed firearm under | ||
this Act, or whether the applicant remains in compliance | ||
with the Firearm Owners Identification Card Act; | ||
(4) an affirmation that the applicant possesses a | ||
currently valid Firearm Owner's Identification Card and | ||
card number if possessed or notice the applicant is | ||
applying for a Firearm Owner's Identification Card in | ||
conjunction with the license application; | ||
(5) an affirmation that the applicant has not been | ||
convicted or found guilty of: | ||
(A) a felony; | ||
(B) a misdemeanor involving the use or threat of | ||
physical force or violence to any person within the 5 | ||
years preceding the date of the application; or | ||
(C) 2 or more violations related to driving while | ||
under the influence of alcohol, other drug or drugs, | ||
intoxicating compound or compounds, or any combination | ||
thereof, within the 5 years preceding the date of the | ||
license application; and | ||
(6) whether the applicant has failed a drug test for a | ||
drug for which the applicant did not have a prescription, |
within the previous year, and if so, the provider of the | ||
test, the specific substance involved, and the date of the | ||
test; | ||
(7) written consent for the Department to review and | ||
use the applicant's Illinois digital driver's license or | ||
Illinois identification card photograph and signature; | ||
(8) unless submitted under subsection (a-25) of | ||
Section 4 of the Firearm Owners Identification Card Act, a | ||
full set of fingerprints submitted to the Department in | ||
electronic format, provided the Department may accept an | ||
application submitted without a set of fingerprints in | ||
which case the Department shall be granted 30 days in | ||
addition to the 90 days provided under subsection (e) of | ||
Section 10 of this Act to issue or deny a license; | ||
(9) a head and shoulder color photograph in a size | ||
specified by the Department taken within the 30 days | ||
preceding the date of the license application; and | ||
(10) a photocopy of any certificates or other evidence | ||
of compliance with the training requirements under this | ||
Act.
| ||
(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.) | ||
(430 ILCS 66/50)
| ||
Sec. 50. License renewal. | ||
(a) This subsection (a) applies through the 180th day | ||
following the effective date of this amendatory Act of the |
101st General Assembly. The Illinois State Police shall, 180 | ||
days prior to the expiration of a concealed carry license | ||
notify each person whose license is to expire a notification | ||
of the expiration of the license and instructions for renewal. | ||
Applications for renewal of a license shall be made to the | ||
Department. A license shall be renewed for a period of 5 years | ||
upon receipt of a completed renewal application, completion of | ||
3 hours of training required under Section 75 of this Act, | ||
payment of the applicable renewal fee, and completion of an | ||
investigation under Section 35 of this Act. The renewal | ||
application shall contain the information required in Section | ||
30 of this Act, except that the applicant need not resubmit a | ||
full set of fingerprints. | ||
(b) This subsection (b) applies on and after the 181st day | ||
following the effective date of this amendatory Act of the | ||
101st General Assembly. Applications for renewal of a license | ||
shall be made to the Department. A license shall be renewed for | ||
a period of 5 years from the date of expiration on the | ||
applicant's current license upon the receipt of a completed | ||
renewal application, completion of 3 hours of training | ||
required under Section 75 of this Act, payment of the | ||
applicable renewal fee, and completion of an investigation | ||
under Section 35 of this Act. The renewal application shall | ||
contain the information required in Section 30 of this Act, | ||
except that the applicant need not resubmit a full set of | ||
fingerprints.
|
(Source: P.A. 101-80, eff. 7-12-19.) | ||
(430 ILCS 66/55)
| ||
Sec. 55. Change of address or name; lost, destroyed, or | ||
stolen licenses. | ||
(a) A licensee shall notify the Department within 30 days | ||
of moving or changing residence or any change of name. The | ||
licensee shall submit the requisite fee and the Department may | ||
require a notarized statement that the licensee has
changed | ||
his or her residence or his or her name, including the prior | ||
and current address or name and the date the applicant moved or | ||
changed his or her name. | ||
(b) A licensee shall notify the Department within 10 days | ||
of discovering that a license has been lost, destroyed, or | ||
stolen. A lost, destroyed, or stolen license is invalid. To | ||
request a replacement license, the licensee shall submit: | ||
(1) a written or electronic acknowledgment notarized | ||
statement that the licensee no longer possesses the | ||
license, and that it was lost, destroyed, or stolen; | ||
(2) if applicable, a copy of a police report stating | ||
that the license was stolen; and | ||
(3) the requisite fee. | ||
(c) A violation of this Section is a petty offense with a | ||
fine of $150 which shall be deposited into the Mental Health | ||
Reporting Fund.
| ||
(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.) |
(430 ILCS 66/66 new) | ||
Sec. 66. Illinois State Police to monitor databases for | ||
firearms prohibitors. The Illinois State Police shall | ||
continuously monitor relevant State and federal databases for | ||
firearms prohibitors and correlate those records with | ||
concealed carry license holders to ensure compliance with this | ||
Act and any other State and federal laws. As used in this | ||
Section, "firearms prohibitor" means any factor listed in | ||
Section 8 or Section 8.2 of the Firearm Owners Identification | ||
Card Act or Section 24-3 or 24-3.1 of the Criminal Code of 2012 | ||
that prohibits a person from transferring or possessing a | ||
firearm, firearm ammunition, Firearm Owner's Identification | ||
Card, or concealed carry license. | ||
(430 ILCS 66/70) | ||
Sec. 70. Violations. | ||
(a) A license issued or renewed under this Act shall be | ||
revoked if, at any time, the licensee is found to be ineligible | ||
for a license under this Act or the licensee no longer meets | ||
the eligibility requirements of the Firearm Owners | ||
Identification Card Act. | ||
(b) A license shall be suspended if an order of | ||
protection, including an emergency order of protection, | ||
plenary order of protection, or interim order of protection | ||
under Article 112A of the Code of Criminal Procedure of 1963 or |
under the Illinois Domestic Violence Act of 1986, or if a | ||
firearms restraining order, including an emergency firearms | ||
restraining order, under the Firearms Restraining Order Act, | ||
is issued against a licensee for the duration of the order, or | ||
if the Department is made aware of a similar order issued | ||
against the licensee in any other jurisdiction. If an order of | ||
protection is issued against a licensee, the licensee shall | ||
surrender the license, as applicable, to the court at the time | ||
the order is entered or to the law enforcement agency or entity | ||
serving process at the time the licensee is served the order. | ||
The court, law enforcement agency, or entity responsible for | ||
serving the order of protection shall notify the Department | ||
within 7 days and transmit the license to the Department. | ||
(c) A license is invalid upon expiration of the license, | ||
unless the licensee has submitted an application to renew the | ||
license, and the applicant is otherwise eligible to possess a | ||
license under this Act. | ||
(d) A licensee shall not carry a concealed firearm while | ||
under the influence of alcohol, other drug or drugs, | ||
intoxicating compound or combination of compounds, or any | ||
combination thereof, under the standards set forth in | ||
subsection (a) of Section 11-501 of the Illinois Vehicle Code. | ||
A licensee in violation of this subsection (d) shall be | ||
guilty of a Class A misdemeanor for a first or second violation | ||
and a Class 4 felony for a third violation. The Department may | ||
suspend a license for up to 6 months for a second violation and |
shall permanently revoke a license for a third violation. | ||
(e) Except as otherwise provided, a licensee in violation | ||
of this Act shall be guilty of a Class B misdemeanor. A second | ||
or subsequent violation is a Class A misdemeanor. The | ||
Department may suspend a license for up to 6 months for a | ||
second violation and shall permanently revoke a license for 3 | ||
or more violations of Section 65 of this Act. Any person | ||
convicted of a violation under this Section shall pay a $150 | ||
fee to be deposited into the Mental Health Reporting Fund, | ||
plus any applicable court costs or fees. | ||
(f) A licensee convicted or found guilty of a violation of | ||
this Act who has a valid license and is otherwise eligible to | ||
carry a concealed firearm shall only be subject to the | ||
penalties under this Section and shall not be subject to the | ||
penalties under Section 21-6, paragraph (4), (8), or (10) of | ||
subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) | ||
of paragraph (3) of subsection (a) of Section 24-1.6 of the | ||
Criminal Code of 2012. Except as otherwise provided in this | ||
subsection, nothing in this subsection prohibits the licensee | ||
from being subjected to penalties for violations other than | ||
those specified in this Act. | ||
(g) A licensee whose license is revoked, suspended, or | ||
denied shall, within 48 hours of receiving notice of the | ||
revocation, suspension, or denial, surrender his or her | ||
concealed carry license to the local law enforcement agency | ||
where the person resides. The local law enforcement agency |
shall provide the licensee a receipt and transmit the | ||
concealed carry license to the Department of State Police. If | ||
the licensee whose concealed carry license has been revoked, | ||
suspended, or denied fails to comply with the requirements of | ||
this subsection, the law enforcement agency where the person | ||
resides may petition the circuit court to issue a warrant to | ||
search for and seize the concealed carry license in the | ||
possession and under the custody or control of the licensee | ||
whose concealed carry license has been revoked, suspended, or | ||
denied. The observation of a concealed carry license in the | ||
possession of a person whose license has been revoked, | ||
suspended, or denied constitutes a sufficient basis for the | ||
arrest of that person for violation of this subsection. A | ||
violation of this subsection is a Class A misdemeanor. | ||
(h) Except as otherwise provided in subsection (h-5), a A | ||
license issued or renewed under this Act shall be revoked if, | ||
at any time, the licensee is found ineligible for a Firearm | ||
Owner's Identification Card, or the licensee no longer | ||
possesses a valid Firearm Owner's Identification Card. If the | ||
Firearm Owner's Identification Card is expired or suspended | ||
rather than denied or revoked, the license may be suspended | ||
for a period of up to one year to allow the licensee to | ||
reinstate his or her Firearm Owner's Identification Card. The | ||
Illinois State Police shall adopt rules to enforce this | ||
subsection. A licensee whose license is revoked under this | ||
subsection (h) shall surrender his or her concealed carry |
license as provided for in subsection (g) of this Section. | ||
This subsection shall not apply to a person who has filed | ||
an application with the State Police for renewal of a Firearm
| ||
Owner's Identification Card and who is not otherwise | ||
ineligible to obtain a Firearm Owner's Identification Card.
| ||
(h-5) If the Firearm Owner's Identification Card of a
| ||
licensee under this Act expires during the term of the license
| ||
issued under this Act, the license and the Firearm Owner's
| ||
Identification Card remain valid, and the Illinois State | ||
Police
may automatically renew the licensee's Firearm Owner's
| ||
Identification Card as provided in subsection (c) of Section 5
| ||
of the Firearm Owners Identification Card Act. | ||
(i) A certified firearms instructor who knowingly provides | ||
or offers to provide a false certification that an applicant | ||
has completed firearms training as required under this Act is | ||
guilty of a Class A misdemeanor. A person guilty of a violation | ||
of this subsection (i) is not eligible for court supervision. | ||
The Department shall permanently revoke the firearms | ||
instructor certification of a person convicted under this | ||
subsection (i). | ||
(Source: P.A. 100-607, eff. 1-1-19 .) | ||
Section 26. The Firearms Restraining Order Act is amended | ||
by changing Sections 35 and 40 as follows: | ||
(430 ILCS 67/35)
|
Sec. 35. Ex parte orders and emergency hearings.
| ||
(a) A petitioner may request an emergency firearms | ||
restraining order by filing an affidavit or verified pleading | ||
alleging that the respondent poses an immediate and present | ||
danger of causing personal injury to himself, herself, or | ||
another by having in his or her custody or control, | ||
purchasing, possessing, or receiving a firearm. The petition | ||
shall also describe the type and location of any firearm or | ||
firearms presently believed by the petitioner to be possessed | ||
or controlled by the respondent.
| ||
(b) If the respondent is alleged to pose an immediate and | ||
present danger of causing personal injury to an intimate | ||
partner, or an intimate partner is alleged to have been the | ||
target of a threat or act of violence by the respondent, the | ||
petitioner shall make a good faith effort to provide notice to | ||
any and all intimate partners of the respondent. The notice | ||
must include that the petitioner intends to petition the court | ||
for an emergency firearms restraining order, and, if the | ||
petitioner is a law enforcement officer, referral to relevant | ||
domestic violence or stalking advocacy or counseling | ||
resources, if appropriate. The petitioner shall attest to | ||
having provided the notice in the filed affidavit or verified | ||
pleading. If, after making a good faith effort, the petitioner | ||
is unable to provide notice to any or all intimate partners, | ||
the affidavit or verified pleading should describe what | ||
efforts were made. |
(c) Every person who files a petition for an emergency | ||
firearms restraining order, knowing the information provided | ||
to the court at any hearing or in the affidavit or verified | ||
pleading to be false, is guilty of perjury under Section 32-2 | ||
of the Criminal Code of 2012.
| ||
(d) An emergency firearms restraining order shall be | ||
issued on an ex parte basis, that is, without notice to the | ||
respondent.
| ||
(e) An emergency hearing held on an ex parte basis shall be | ||
held the same day that the petition is filed or the next day | ||
that the court is in session.
| ||
(f) If a circuit or associate judge finds probable cause | ||
to believe that the respondent poses an immediate and present | ||
danger of causing personal injury to himself, herself, or | ||
another by having in his or her custody or control, | ||
purchasing, possessing, or receiving a firearm, the circuit or | ||
associate judge shall issue an emergency order.
| ||
(f-5) If the court issues an emergency firearms | ||
restraining order, it shall, upon a finding of probable cause | ||
that the respondent possesses firearms, issue a search warrant | ||
directing a law enforcement agency to seize the respondent's | ||
firearms. The court may, as part of that warrant, direct the | ||
law enforcement agency to search the respondent's residence | ||
and other places where the court finds there is probable cause | ||
to believe he or she is likely to possess the firearms. | ||
(g) An emergency firearms restraining order shall require:
|
(1) the respondent to refrain from having in his or | ||
her custody or control, purchasing, possessing, or | ||
receiving additional firearms for the duration of the | ||
order under Section 8.2 of the Firearm Owners | ||
Identification Card Act ;
and | ||
(2) the respondent to comply with Section 9.5 of the | ||
Firearm Owners Identification Card Act turn over to the | ||
local law enforcement agency any Firearm Owner's | ||
Identification Card and subsection (g) of Section 70 of | ||
the Firearm Concealed Carry Act concealed carry license in | ||
his or her possession. The local law enforcement agency | ||
shall immediately mail the card and concealed carry | ||
license to the Department of State Police Firearm Services | ||
Bureau for safekeeping. The firearm or firearms and | ||
Firearm Owner's Identification Card and concealed carry | ||
license, if unexpired, shall be returned to the respondent | ||
after the firearms restraining order is terminated or | ||
expired . | ||
(h) Except as otherwise provided in subsection (h-5) of | ||
this Section, upon expiration of the period of safekeeping, if | ||
the firearms or Firearm Owner's Identification Card and | ||
concealed carry license cannot be returned to the respondent | ||
because the respondent cannot be located, fails to respond to | ||
requests to retrieve the firearms, or is not lawfully eligible | ||
to possess a firearm, upon petition from the local law | ||
enforcement agency, the court may order the local law |
enforcement agency to destroy the firearms, use the firearms | ||
for training purposes, or use the firearms for any other | ||
application as deemed appropriate by the local law enforcement | ||
agency.
| ||
(h-5) On or before January 1, 2022, a A respondent whose | ||
Firearm Owner's Identification Card has been revoked or | ||
suspended may petition the court, if the petitioner is present | ||
in court or has notice of the respondent's petition, to | ||
transfer the respondent's firearm to a person who is lawfully | ||
able to possess the firearm if the person does not reside at | ||
the same address as the respondent. Notice of the petition | ||
shall be served upon the person protected by the emergency | ||
firearms restraining order. While the order is in effect, the | ||
transferee who receives the respondent's firearms must swear | ||
or affirm by affidavit that he or she shall not transfer the | ||
firearm to the respondent or to anyone residing in the same | ||
residence as the respondent. | ||
(h-6) If a person other than the respondent claims title | ||
to any firearms surrendered under this Section, he or she may | ||
petition the court, if the petitioner is present in court or | ||
has notice of the petition, to have the firearm returned to him | ||
or her. If the court determines that person to be the lawful | ||
owner of the firearm, the firearm shall be returned to him or | ||
her, provided that: | ||
(1) the firearm is removed from the respondent's | ||
custody, control, or possession and the lawful owner |
agrees to store the firearm in a manner such that the | ||
respondent does not have access to or control of the | ||
firearm; and | ||
(2) the firearm is not otherwise unlawfully possessed | ||
by the owner. | ||
The person petitioning for the return of his or her | ||
firearm must swear or affirm by affidavit that he or she: (i) | ||
is the lawful owner of the firearm; (ii) shall not transfer the | ||
firearm to the respondent; and (iii) will store the firearm in | ||
a manner that the respondent does not have access to or control | ||
of the firearm. | ||
(i) In accordance with subsection (e) of this Section, the | ||
court shall schedule a full hearing as soon as possible, but no | ||
longer than 14 days from the issuance of an ex parte firearms | ||
restraining order, to determine if a 6-month firearms | ||
restraining order shall be issued. The court may extend an ex | ||
parte order as needed, but not to exceed 14 days, to effectuate | ||
service of the order or if necessary to continue protection. | ||
The court may extend the order for a greater length of time by | ||
mutual agreement of the parties.
| ||
(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.) | ||
(430 ILCS 67/40)
| ||
Sec. 40. Six-month orders.
| ||
(a) A petitioner may request a 6-month firearms | ||
restraining order by filing an affidavit or verified pleading |
alleging that the respondent poses a significant danger of | ||
causing personal injury to himself, herself, or another in the | ||
near future by having in his or her custody or control, | ||
purchasing, possessing, or receiving a firearm. The petition | ||
shall also describe the number, types, and locations of any | ||
firearms presently believed by the petitioner to be possessed | ||
or controlled by the respondent.
| ||
(b) If the respondent is alleged to pose a significant | ||
danger of causing personal injury to an intimate partner, or | ||
an intimate partner is alleged to have been the target of a | ||
threat or act of violence by the respondent, the petitioner | ||
shall make a good faith effort to provide notice to any and all | ||
intimate partners of the respondent. The notice must include | ||
that the petitioner intends to petition the court for a | ||
6-month firearms restraining order, and, if the petitioner is | ||
a law enforcement officer, referral to relevant domestic | ||
violence or stalking advocacy or counseling resources, if | ||
appropriate. The petitioner shall attest to having provided | ||
the notice in the filed affidavit or verified pleading. If, | ||
after making a good faith effort, the petitioner is unable to | ||
provide notice to any or all intimate partners, the affidavit | ||
or verified pleading should describe what efforts were made. | ||
(c) Every person who files a petition for a 6-month | ||
firearms restraining order, knowing the information provided | ||
to the court at any hearing or in the affidavit or verified | ||
pleading to be false, is guilty of perjury under Section 32-2 |
of the Criminal Code of 2012.
| ||
(d) Upon receipt of a petition for a 6-month firearms | ||
restraining order, the court shall order a hearing within 30 | ||
days.
| ||
(e) In determining whether to issue a firearms restraining | ||
order under this Section, the court shall consider evidence | ||
including, but not limited to, the following:
| ||
(1) The unlawful and reckless use, display, or | ||
brandishing of a firearm by the respondent.
| ||
(2) The history of use, attempted use, or threatened | ||
use of physical force by the respondent against another | ||
person.
| ||
(3) Any prior arrest of the respondent for a felony | ||
offense. | ||
(4) Evidence of the abuse of controlled substances or | ||
alcohol by the respondent. | ||
(5) A recent threat of violence or act of violence by | ||
the respondent directed toward himself, herself, or | ||
another. | ||
(6) A violation of an emergency order of protection | ||
issued under Section 217 of the Illinois Domestic Violence | ||
Act of 1986 or Section 112A-17 of the Code of Criminal | ||
Procedure of 1963 or of an order of protection issued | ||
under Section 214 of the Illinois Domestic Violence Act of | ||
1986 or Section 112A-14 of the Code of Criminal Procedure | ||
of 1963.
|
(7) A pattern of violent acts or violent threats, | ||
including, but not limited to, threats of violence or acts | ||
of violence by the respondent directed toward himself, | ||
herself, or another. | ||
(f) At the hearing, the petitioner shall have the burden | ||
of proving, by clear and convincing evidence, that the | ||
respondent poses a significant danger of personal injury to | ||
himself, herself, or another by having in his or her custody or | ||
control, purchasing, possessing, or receiving a firearm. | ||
(g) If the court finds that there is clear and convincing | ||
evidence to issue a firearms restraining order, the court | ||
shall issue a firearms restraining order that shall be in | ||
effect for 6 months subject to renewal under Section 45 of this | ||
Act or termination under that Section. | ||
(g-5) If the court issues a 6-month firearms restraining | ||
order, it shall, upon a finding of probable cause that the | ||
respondent possesses firearms, issue a search warrant | ||
directing a law enforcement agency to seize the respondent's | ||
firearms. The court may, as part of that warrant, direct the | ||
law enforcement agency to search the respondent's residence | ||
and other places where the court finds there is probable cause | ||
to believe he or she is likely to possess the firearms. | ||
(h) A 6-month firearms restraining order shall require: | ||
(1) the respondent to refrain from having in his or | ||
her custody or control, purchasing, possessing, or | ||
receiving additional firearms for the duration of the |
order under Section 8.2 of the Firearm Owners | ||
Identification Card Act ; and | ||
(2) the respondent to comply with Section 9.5 of the | ||
Firearm Owners Identification Card Act and subsection (g) | ||
of Section 70 of the Firearm Concealed Carry Act turn over | ||
to the local law enforcement agency any firearm or Firearm | ||
Owner's Identification Card and concealed carry license in | ||
his or her possession . The local law enforcement agency | ||
shall immediately mail the card and concealed carry | ||
license to the Department of State Police Firearm Services | ||
Bureau for safekeeping. The firearm or firearms and | ||
Firearm Owner's Identification Card and concealed carry | ||
license, if unexpired, shall be returned to the respondent | ||
after the firearms restraining order is terminated or | ||
expired. | ||
(i) Except as otherwise provided in subsection (i-5) of | ||
this Section, upon expiration of the period of safekeeping, if | ||
the firearms or Firearm Owner's Identification Card cannot be | ||
returned to the respondent because the respondent cannot be | ||
located, fails to respond to requests to retrieve the | ||
firearms, or is not lawfully eligible to possess a firearm, | ||
upon petition from the local law enforcement agency, the court | ||
may order the local law enforcement agency to destroy the | ||
firearms, use the firearms for training purposes, or use the | ||
firearms for any other application as deemed appropriate by | ||
the local law enforcement agency. |
(i-5) A respondent whose Firearm Owner's Identification | ||
Card has been revoked or suspended may petition the court, if | ||
the petitioner is present in court or has notice of the | ||
respondent's petition, to transfer the respondent's firearm to | ||
a person who is lawfully able to possess the firearm if the | ||
person does not reside at the same address as the respondent. | ||
Notice of the petition shall be served upon the person | ||
protected by the emergency firearms restraining order. While | ||
the order is in effect, the transferee who receives the | ||
respondent's firearms must swear or affirm by affidavit that | ||
he or she shall not transfer the firearm to the respondent or | ||
to anyone residing in the same residence as the respondent. | ||
(i-6) If a person other than the respondent claims title | ||
to any firearms surrendered under this Section, he or she may | ||
petition the court, if the petitioner is present in court or | ||
has notice of the petition, to have the firearm returned to him | ||
or her. If the court determines that person to be the lawful | ||
owner of the firearm, the firearm shall be returned to him or | ||
her, provided that: | ||
(1) the firearm is removed from the respondent's | ||
custody, control, or possession and the lawful owner | ||
agrees to store the firearm in a manner such that the | ||
respondent does not have access to or control of the | ||
firearm; and | ||
(2) the firearm is not otherwise unlawfully possessed | ||
by the owner. |
The person petitioning for the return of his or her | ||
firearm must swear or affirm by affidavit that he or she: (i) | ||
is the lawful owner of the firearm; (ii) shall not transfer the | ||
firearm to the respondent; and (iii) will store the firearm in | ||
a manner that the respondent does not have access to or control | ||
of the firearm. | ||
(j) If the court does not issue a firearms restraining | ||
order at the hearing, the court shall dissolve any emergency | ||
firearms restraining order then in effect. | ||
(k) When the court issues a firearms restraining order | ||
under this Section, the court shall inform the respondent that | ||
he or she is entitled to one hearing during the period of the | ||
order to request a termination of the order, under Section 45 | ||
of this Act, and shall provide the respondent with a form to | ||
request a hearing.
| ||
(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.) | ||
Section 27. The Wildlife Code is amended by changing | ||
Sections 2.11, 2.26, 2.33, and 2.34 as follows:
| ||
(520 ILCS 5/2.11) (from Ch. 61, par. 2.11)
| ||
Sec. 2.11. Before any person may lawfully hunt wild | ||
turkey, he shall first
obtain a "Wild Turkey Hunting Permit" | ||
in accordance with the prescribed
regulations set forth in an | ||
administrative rule of the Department. The
fee for a Resident | ||
Wild Turkey Hunting Permit shall not exceed $15.
|
Upon submitting suitable evidence of legal residence in | ||
any other state,
non-residents shall be charged a fee not to | ||
exceed $125 for wild
turkey hunting
permits.
| ||
The Department may by administrative rule allocate and | ||
issue non-resident
Wild Turkey Permits and establish fees for | ||
such permits.
| ||
It shall be unlawful to take wild turkey except by use of a | ||
bow and arrow
or a shotgun of not larger than 10 nor smaller | ||
than 20 gauge with shot
size not larger than No. 4, and no | ||
person while attempting to so take
wild turkey may have in his | ||
possession any other gun unless in accordance with the Firearm | ||
Concealed Carry Act .
| ||
It shall be unlawful to take, or attempt to take wild | ||
turkey except
during the time from 1/2 hour before sunrise to | ||
1/2 hour after sunset or during
such lesser period of time as | ||
may be specified by administrative rule,
during those days for | ||
which an open season is established.
| ||
It shall be unlawful for any person to take, or attempt to | ||
take, wild
turkey by use of dogs, horses, automobiles, | ||
aircraft or other vehicles,
or conveyances, or by the use or | ||
aid of bait or baiting of any kind. For the purposes of this | ||
Section, "bait" means any material, whether liquid or solid, | ||
including food, salt, minerals, and other products, except | ||
pure water, that can be ingested, placed, or scattered in such | ||
a manner as to attract or lure wild turkeys. "Baiting" means | ||
the placement or scattering of bait to attract wild turkeys. |
An area is considered as baited during the presence of and for | ||
10 consecutive days following the removal of the bait.
| ||
It is unlawful for any person to take in Illinois or have | ||
in his possession
more than one wild turkey per valid permit.
| ||
For the purposes of calculating acreage under this | ||
Section, the Department shall, after determining the total | ||
acreage of the applicable tract or tracts of land, round | ||
remaining fractional portions of an acre greater than or equal | ||
to half of an acre up to the next whole acre. | ||
For the purposes of taking wild turkey, nothing in this | ||
Section shall be construed to prevent the manipulation, | ||
including mowing or cutting, of standing crops as a normal | ||
agricultural or soil stabilization practice, food plots, or | ||
normal agricultural practices, including planting, harvesting, | ||
and maintenance such as cultivating. Such manipulation for the | ||
purpose of taking wild turkey may be further modified by | ||
administrative rule. | ||
(Source: P.A. 98-180, eff. 8-5-13; 99-869, eff. 1-1-17 .)
| ||
(520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
| ||
Sec. 2.26. Deer hunting permits. Any person attempting to | ||
take deer shall first obtain a "Deer
Hunting Permit" issued by | ||
the Department in accordance with its administrative rules.
| ||
Those rules must provide for the issuance of the following | ||
types of resident deer archery permits: (i) a combination | ||
permit, consisting of one either-sex permit and one |
antlerless-only permit, (ii) a single antlerless-only permit, | ||
and (iii) a single either-sex permit. The fee for a Deer | ||
Hunting Permit to take deer with either bow and arrow or gun
| ||
shall not exceed $25.00 for residents of the State. The | ||
Department may by
administrative rule provide for non-resident | ||
deer hunting permits for which the
fee will not exceed $300 in | ||
2005, $350 in 2006, and $400 in 2007 and thereafter except as | ||
provided below for non-resident landowners
and non-resident | ||
archery hunters. The Department may by
administrative rule | ||
provide for a non-resident archery deer permit consisting
of | ||
not more than 2 harvest tags at a total cost not to exceed $325 | ||
in 2005, $375 in 2006, and $425 in 2007 and thereafter.
The | ||
fees for a youth resident and non-resident archery deer permit | ||
shall be the same.
| ||
The Department shall create a pilot program during the | ||
special 3-day, youth-only deer hunting season to allow for | ||
youth deer hunting permits that are valid statewide, excluding | ||
those counties or portions of counties closed to firearm deer | ||
hunting. The Department shall adopt rules to implement the | ||
pilot program. Nothing in this paragraph shall be construed to | ||
prohibit the Department from issuing Special Hunt Area Permits | ||
for the youth-only deer hunting season or establishing, | ||
through administrative rule, additional requirements | ||
pertaining to the youth-only deer hunting season on | ||
Department-owned or Department-managed sites, including | ||
site-specific quotas or drawings. The provisions of this |
paragraph are inoperative on and after January 1, 2023. | ||
The standards and specifications for use of guns and bow | ||
and arrow for
deer hunting shall be established by | ||
administrative rule.
| ||
No person may have in his or her possession any firearm not | ||
authorized by
administrative rule for a specific hunting | ||
season when taking deer unless in accordance with the Firearm | ||
Concealed Carry Act .
| ||
Persons having a firearm deer hunting permit shall be | ||
permitted to
take deer only during the period from 1/2 hour | ||
before sunrise to
1/2 hour after sunset, and only during those | ||
days for which an open season is
established for the taking of | ||
deer by use of shotgun, handgun, or muzzle
loading
rifle.
| ||
Persons having an archery deer hunting permit shall be | ||
permitted to
take deer only during the period from 1/2 hour | ||
before sunrise to 1/2 hour
after sunset, and only during those | ||
days for which an open season is
established for the taking of | ||
deer by use of bow and arrow.
| ||
It shall be unlawful for any person to take deer by use of | ||
dogs,
horses, automobiles, aircraft or other vehicles, or by | ||
the use
or aid of bait or baiting of any kind. For the purposes | ||
of this Section, "bait" means any material, whether liquid or | ||
solid, including food, salt, minerals, and other products, | ||
except pure water, that can be ingested, placed, or scattered | ||
in such a manner as to attract or lure white-tailed deer. | ||
"Baiting" means the placement or scattering of bait to attract |
deer. An area is considered as baited during the presence
of | ||
and for 10 consecutive days following the removal of bait. | ||
Nothing in this Section shall prohibit the use of a dog to | ||
track wounded deer. Any person using a dog for tracking | ||
wounded deer must maintain physical control of the dog at all | ||
times by means of a maximum 50 foot lead attached to the dog's | ||
collar or harness. Tracking wounded deer is permissible at | ||
night, but at no time outside of legal deer hunting hours or | ||
seasons shall any person handling or accompanying a dog being | ||
used for tracking wounded deer be in possession of any firearm | ||
or archery device. Persons tracking wounded deer with a dog | ||
during the firearm deer seasons shall wear blaze orange or | ||
solid blaze pink color as required. Dog handlers tracking | ||
wounded deer with a dog are exempt from hunting license and | ||
deer permit requirements so long as they are accompanied by | ||
the licensed deer hunter who wounded the deer.
| ||
It shall be unlawful to possess or transport any wild deer | ||
which has
been injured or killed in any manner upon a public | ||
highway or public
right-of-way of this State unless exempted | ||
by administrative rule.
| ||
Persons hunting deer must have gun unloaded and no bow and | ||
arrow
device shall be carried with the arrow in the nocked | ||
position during
hours when deer hunting is unlawful.
| ||
It shall be unlawful for any person, having taken the | ||
legal limit of
deer by gun, to further participate with gun in | ||
any deer hunting party.
|
It shall be unlawful for any person, having taken the | ||
legal limit
of deer by bow and arrow, to further participate | ||
with bow and arrow in any
deer hunting party.
| ||
The Department may prohibit upland game hunting during the | ||
gun deer
season by administrative rule.
| ||
The Department shall not limit the number of non-resident, | ||
either-sex archery deer hunting permits to less than 20,000.
| ||
Any person who violates any of the provisions of this | ||
Section,
including administrative rules, shall be guilty of a | ||
Class B misdemeanor.
| ||
For the purposes of calculating acreage under this | ||
Section, the Department shall, after determining the total | ||
acreage of the applicable tract or tracts of land, round | ||
remaining fractional portions of an acre greater than or equal | ||
to half of an acre up to the next whole acre. | ||
For the purposes of taking white-tailed deer, nothing in | ||
this Section shall be construed to prevent the manipulation, | ||
including mowing or cutting, of standing crops as a normal | ||
agricultural or soil stabilization practice, food plots, or | ||
normal agricultural practices, including planting, harvesting, | ||
and maintenance such as cultivating or the use of products | ||
designed for scent only and not capable of ingestion, solid or | ||
liquid, placed or scattered, in such a manner as to attract or | ||
lure deer. Such manipulation for the purpose of taking | ||
white-tailed deer may be further modified by administrative | ||
rule. |
(Source: P.A. 100-691, eff. 1-1-19; 100-949, eff. 1-1-19; | ||
101-81, eff. 7-12-19; 101-444, eff. 6-1-20 .)
| ||
(520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
| ||
Sec. 2.33. Prohibitions.
| ||
(a) It is unlawful to carry or possess any gun in any
State | ||
refuge unless otherwise permitted by administrative rule.
| ||
(b) It is unlawful to use or possess any snare or | ||
snare-like device,
deadfall, net, or pit trap to take any | ||
species, except that snares not
powered by springs or other | ||
mechanical devices may be used to trap
fur-bearing mammals, in | ||
water sets only, if at least one-half of the snare
noose is | ||
located underwater at all times.
| ||
(c) It is unlawful for any person at any time to take a | ||
wild mammal
protected by this Act from its den by means of any | ||
mechanical device,
spade, or digging device or to use smoke or | ||
other gases to dislodge or
remove such mammal except as | ||
provided in Section 2.37.
| ||
(d) It is unlawful to use a ferret or any other small | ||
mammal which is
used in the same or similar manner for which | ||
ferrets are used for the
purpose of frightening or driving any | ||
mammals from their dens or hiding places.
| ||
(e) (Blank).
| ||
(f) It is unlawful to use spears, gigs, hooks or any like | ||
device to
take any species protected by this Act.
| ||
(g) It is unlawful to use poisons, chemicals or explosives |
for the
purpose of taking any species protected by this Act.
| ||
(h) It is unlawful to hunt adjacent to or near any peat, | ||
grass,
brush or other inflammable substance when it is | ||
burning.
| ||
(i) It is unlawful to take, pursue or intentionally harass | ||
or disturb
in any manner any wild birds or mammals by use or | ||
aid of any vehicle or
conveyance, except as permitted by the | ||
Code of Federal Regulations for the
taking of waterfowl. It is | ||
also unlawful to use the lights of any vehicle
or conveyance or | ||
any light from or any light connected to the
vehicle or | ||
conveyance in any area where wildlife may be found except in
| ||
accordance with Section 2.37 of this Act; however, nothing in | ||
this
Section shall prohibit the normal use of headlamps for | ||
the purpose of driving
upon a roadway. Striped skunk, opossum, | ||
red fox, gray
fox, raccoon, bobcat, and coyote may be taken | ||
during the open season by use of a small
light which is worn on | ||
the body or hand-held by a person on foot and not in any
| ||
vehicle.
| ||
(j) It is unlawful to use any shotgun larger than 10 gauge | ||
while
taking or attempting to take any of the species | ||
protected by this Act.
| ||
(k) It is unlawful to use or possess in the field any | ||
shotgun shell loaded
with a shot size larger than lead BB or | ||
steel T (.20 diameter) when taking or
attempting to take any | ||
species of wild game mammals (excluding white-tailed
deer), | ||
wild game birds, migratory waterfowl or migratory game birds |
protected
by this Act, except white-tailed deer as provided | ||
for in Section 2.26 and other
species as provided for by | ||
subsection (l) or administrative rule.
| ||
(l) It is unlawful to take any species of wild game, except
| ||
white-tailed deer and fur-bearing mammals, with a shotgun | ||
loaded with slugs unless otherwise
provided for by | ||
administrative rule.
| ||
(m) It is unlawful to use any shotgun capable of holding | ||
more than 3
shells in the magazine or chamber combined, except | ||
on game breeding and
hunting preserve areas licensed under | ||
Section 3.27 and except as permitted by
the Code of Federal | ||
Regulations for the taking of waterfowl. If the shotgun
is | ||
capable of holding more than 3 shells, it shall, while being | ||
used on an
area other than a game breeding and shooting | ||
preserve area licensed
pursuant to Section 3.27, be fitted | ||
with a one piece plug that is
irremovable without dismantling | ||
the shotgun or otherwise altered to
render it incapable of | ||
holding more than 3 shells in the magazine and
chamber, | ||
combined.
| ||
(n) It is unlawful for any person, except persons who | ||
possess a permit to
hunt from a vehicle as provided in this | ||
Section and persons otherwise permitted
by law, to have or | ||
carry any gun in or on any vehicle, conveyance or aircraft,
| ||
unless such gun is unloaded and enclosed in a case, except that | ||
at field trials
authorized by Section 2.34 of this Act, | ||
unloaded guns or guns loaded with blank
cartridges only, may |
be carried on horseback while not contained in a case, or
to | ||
have or carry any bow or arrow device in or on any vehicle | ||
unless such bow
or arrow device is unstrung or enclosed in a | ||
case, or otherwise made
inoperable unless in accordance with | ||
the Firearm Concealed Carry Act .
| ||
(o) (Blank).
| ||
(p) It is unlawful to take game birds, migratory game | ||
birds or
migratory waterfowl with a rifle, pistol, revolver or | ||
airgun.
| ||
(q) It is unlawful to fire a rifle, pistol, revolver or | ||
airgun on,
over or into any waters of this State, including | ||
frozen waters.
| ||
(r) It is unlawful to discharge any gun or bow and arrow | ||
device
along, upon, across, or from any public right-of-way or | ||
highway in this State.
| ||
(s) It is unlawful to use a silencer or other device to | ||
muffle or
mute the sound of the explosion or report resulting | ||
from the firing of
any gun.
| ||
(t) It is unlawful for any person to take or attempt to | ||
take any species of wildlife or parts thereof, intentionally | ||
or wantonly allow a dog to
hunt, within or upon the land of | ||
another, or upon waters flowing over or
standing on the land of | ||
another, or to knowingly shoot a gun or bow and arrow device at | ||
any wildlife physically on or flying over the property of | ||
another without first obtaining permission from
the owner or | ||
the owner's designee. For the purposes of this Section, the |
owner's designee means anyone who the owner designates in a | ||
written authorization and the authorization must contain (i) | ||
the legal or common description of property for such authority | ||
is given, (ii) the extent that the owner's designee is | ||
authorized to make decisions regarding who is allowed to take | ||
or attempt to take any species of wildlife or parts thereof, | ||
and (iii) the owner's notarized signature. Before enforcing | ||
this
Section the law enforcement officer must have received | ||
notice from the
owner or the owner's designee of a violation of | ||
this Section. Statements made to the
law enforcement officer | ||
regarding this notice shall not be rendered
inadmissible by | ||
the hearsay rule when offered for the purpose of showing the
| ||
required notice.
| ||
(u) It is unlawful for any person to discharge any firearm | ||
for the purpose
of taking any of the species protected by this | ||
Act, or hunt with gun or
dog, or intentionally or wantonly | ||
allow a dog to hunt, within 300 yards of an inhabited dwelling | ||
without
first obtaining permission from the owner or tenant, | ||
except that while
trapping, hunting with bow and arrow, | ||
hunting with dog and shotgun using shot
shells only, or | ||
hunting with shotgun using shot shells only, or providing | ||
outfitting services under a waterfowl outfitter permit, or
on | ||
licensed game breeding and hunting preserve areas, as defined | ||
in Section
3.27, on
federally owned and managed lands and on | ||
Department owned, managed, leased, or
controlled lands, a 100 | ||
yard restriction shall apply.
|
(v) It is unlawful for any person to remove fur-bearing | ||
mammals from, or
to move or disturb in any manner, the traps | ||
owned by another person without
written authorization of the | ||
owner to do so.
| ||
(w) It is unlawful for any owner of a dog to knowingly or | ||
wantonly allow
his or her dog to pursue, harass or kill deer, | ||
except that nothing in this Section shall prohibit the | ||
tracking of wounded deer with a dog in accordance with the | ||
provisions of Section 2.26 of this Code.
| ||
(x) It is unlawful for any person to wantonly or | ||
carelessly injure
or destroy, in any manner whatsoever, any | ||
real or personal property on
the land of another while engaged | ||
in hunting or trapping thereon.
| ||
(y) It is unlawful to hunt wild game protected by this Act | ||
between one
half hour after sunset and one half hour before | ||
sunrise, except that
hunting hours between one half hour after | ||
sunset and one half hour
before sunrise may be established by | ||
administrative rule for fur-bearing
mammals.
| ||
(z) It is unlawful to take any game bird (excluding wild | ||
turkeys and
crippled pheasants not capable of normal flight | ||
and otherwise irretrievable)
protected by this Act when not | ||
flying. Nothing in this Section shall prohibit
a person from | ||
carrying an uncased, unloaded shotgun in a boat, while in | ||
pursuit
of a crippled migratory waterfowl that is incapable of | ||
normal flight, for the
purpose of attempting to reduce the | ||
migratory waterfowl to possession, provided
that the attempt |
is made immediately upon downing the migratory waterfowl and
| ||
is done within 400 yards of the blind from which the migratory | ||
waterfowl was
downed. This exception shall apply only to | ||
migratory game birds that are not
capable of normal flight. | ||
Migratory waterfowl that are crippled may be taken
only with a | ||
shotgun as regulated by subsection (j) of this Section using
| ||
shotgun shells as regulated in subsection (k) of this Section.
| ||
(aa) It is unlawful to use or possess any device that may | ||
be used for
tree climbing or cutting, while hunting | ||
fur-bearing mammals, excluding coyotes.
| ||
(bb) It is unlawful for any person, except licensed game | ||
breeders,
pursuant to Section 2.29 to import, carry into, or | ||
possess alive in this
State any species of wildlife taken | ||
outside of this State, without
obtaining permission to do so | ||
from the Director.
| ||
(cc) It is unlawful for any person to have in his or her
| ||
possession any freshly killed species protected by this Act | ||
during the season
closed for taking.
| ||
(dd) It is unlawful to take any species protected by this | ||
Act and retain
it alive except as provided by administrative | ||
rule.
| ||
(ee) It is unlawful to possess any rifle while in the field | ||
during gun
deer season except as provided in Section 2.26 and | ||
administrative rules.
| ||
(ff) It is unlawful for any person to take any species | ||
protected by
this Act, except migratory waterfowl, during the |
gun deer hunting season in
those counties open to gun deer | ||
hunting, unless he or she wears, when in
the field, a cap and | ||
upper outer garment of a solid blaze orange color or solid | ||
blaze pink color, with
such articles of clothing displaying a | ||
minimum of 400 square inches of
blaze orange or solid blaze | ||
pink color material.
| ||
(gg) It is unlawful during the upland game season for any | ||
person to take
upland game with a firearm unless he or she | ||
wears, while in the field, a
cap of solid blaze orange color or | ||
solid blaze pink color. For purposes of this Act, upland game | ||
is
defined as Bobwhite Quail, Hungarian Partridge, Ring-necked | ||
Pheasant, Eastern
Cottontail and Swamp Rabbit.
| ||
(hh) It shall be unlawful to kill or cripple any species | ||
protected by
this Act for which there is a bag limit without | ||
making a reasonable
effort to retrieve such species and | ||
include such in the bag limit. It shall be unlawful for any | ||
person having control over harvested game mammals, game birds, | ||
or migratory game birds for which there is a bag limit to | ||
wantonly waste or destroy the usable meat of the game, except | ||
this shall not apply to wildlife taken under Sections 2.37 or | ||
3.22 of this Code. For purposes of this subsection, "usable | ||
meat" means the breast meat of a game bird or migratory game | ||
bird and the hind ham and front shoulders of a game mammal. It | ||
shall be unlawful for any person to place, leave, dump, or | ||
abandon a wildlife carcass or parts of it along or upon a | ||
public right-of-way or highway or on public or private |
property, including a waterway or stream, without the | ||
permission of the owner or tenant. It shall not be unlawful to | ||
discard game meat that is determined to be unfit for human | ||
consumption.
| ||
(ii) This Section shall apply only to those species | ||
protected by this
Act taken within the State. Any species or | ||
any parts thereof, legally taken
in and transported from other | ||
states or countries, may be possessed
within the State, except | ||
as provided in this Section and Sections 2.35, 2.36
and 3.21.
| ||
(jj) (Blank).
| ||
(kk) Nothing contained in this Section shall prohibit the | ||
Director
from issuing permits to paraplegics or to other | ||
persons with disabilities who meet the
requirements set forth | ||
in administrative rule to shoot or hunt from a vehicle
as | ||
provided by that rule, provided that such is otherwise in | ||
accord with this
Act.
| ||
(ll) Nothing contained in this Act shall prohibit the | ||
taking of aquatic
life protected by the Fish and Aquatic Life | ||
Code or birds and mammals
protected by this Act, except deer | ||
and fur-bearing mammals, from a boat not
camouflaged or | ||
disguised to alter its identity or to further provide a place
| ||
of concealment and not propelled by sail or mechanical power. | ||
However, only
shotguns not larger than 10 gauge nor smaller | ||
than .410 bore loaded with not
more than 3 shells of a shot | ||
size no larger than lead BB or steel T (.20
diameter) may be | ||
used to take species protected by this Act.
|
(mm) Nothing contained in this Act shall prohibit the use | ||
of a shotgun,
not larger than 10 gauge nor smaller than a 20 | ||
gauge, with a rifled barrel.
| ||
(nn) It shall be unlawful to possess any species of | ||
wildlife or wildlife parts taken unlawfully in Illinois, any | ||
other state, or any other country, whether or not the wildlife | ||
or wildlife parts is indigenous to Illinois. For the purposes | ||
of this subsection, the statute of limitations for unlawful | ||
possession of wildlife or wildlife parts shall not cease until | ||
2 years after the possession has permanently ended. | ||
(Source: P.A. 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; | ||
99-642, eff. 7-28-16; 100-489, eff. 9-8-17; 100-949, eff. | ||
1-1-19 .)
| ||
(520 ILCS 5/2.34) (from Ch. 61, par. 2.34)
| ||
Sec. 2.34. Dog Trials.
| ||
(a) Dogs of any breed may be trained the year round in | ||
accordance with the
provisions of this Act.
| ||
(b) During the periods of time when it is unlawful to take | ||
species protected
by this Act, the only firearms which shall | ||
be used in the training of
dogs from sunrise to sunset shall be | ||
pistols with blank cartridges. No
other gun or ammunition may | ||
be in immediate possession during this time.
No person or | ||
persons in, along with, or accompanying the dog training
| ||
party, shall be in possession of any firearm or live | ||
ammunition, except
pistols capable of firing only blank |
cartridges during the hours from
sunset to sunrise. All | ||
organized field trials or training grounds approved by
the | ||
Department shall be exempt from this provision unless in | ||
accordance with the Firearm Concealed Carry Act .
| ||
(c) No field trial shall be held without a permit from the
| ||
Department.
| ||
The following Department areas shall be designated as | ||
horseback field
trial sites; Lee County Conservation Area, Des | ||
Plaines Conservation Area,
Moraine View State Park, Middle | ||
Fork Fish and Wildlife Area, Hamilton
County Conservation | ||
Area, and Wayne Fitzgerrell State Park. The Department
shall | ||
provide and maintain quality wildlife habitat on these sites.
| ||
Field trials shall be scheduled only from September 1 | ||
through April 30
in the Northern Zone and September 1 through | ||
April 15 in the Southern Zone.
The Department maintains the | ||
authority to schedule and administer field
trials. The | ||
boundary between the Northern Zone and the Southern
Zone shall | ||
be U.S. Route 36. However, (i) if the opening date of the field
| ||
trial season falls on Sunday, the season will begin on | ||
Saturday of that
weekend; and (ii) if the closing date of the | ||
field trial season falls on
Saturday, the season will conclude | ||
on Sunday of that weekend; and (iii) if
during the final days | ||
of the field trial season a field trial organization
begins a | ||
field trial which is subsequently interrupted due to inclement
| ||
weather, the field trial organization may complete the trial, | ||
subject to the
Department's approval, even though the field |
trial season has ended. The field
trial organization must | ||
complete the trial on the first possible day or days.
Field | ||
trials for the retrieving breeds are exempt from these field | ||
trials
season provisions and shall have no closed season.
| ||
The fee for field trials shall be established by the | ||
Department by rule.
| ||
(d) The Department is authorized to designate dog training
| ||
areas and to grant permits for all field trials including | ||
those field
trials where game birds reared under Section 3.23 | ||
are released and taken
in accordance with the rules and | ||
regulations set forth by the
Department. Applications for | ||
permits for such trials and training areas
shall be | ||
accompanied by detailed information as to the date and the | ||
location of
the grounds where such trial area or training | ||
grounds is located. Applicants
for field trial or dog training | ||
permits must have the consent of the
landowner prior to | ||
applying for such permit. Fees and other regulations
will be | ||
set by administrative rule.
| ||
(e) All permits for designated dog training areas shall | ||
expire March 31st of
each year.
| ||
(f) Permit holders for designated dog training areas must | ||
possess a wild
game breeder's permit or a game breeding and | ||
hunting preserve area permit and
may utilize live bird recall | ||
devices on such areas.
| ||
(g) Nothing shall prevent an individual from using a dog | ||
in the taking of
squirrel during the open season.
|
(h) All hand reared game released and shot at field trials | ||
shall
be properly identified with tags as provided for by this | ||
Act and such
birds shall be banded before they are removed from | ||
the field trial area.
| ||
(Source: P.A. 86-920; 87-1051.)
| ||
Section 30. The Criminal Code of 2012 is amended by | ||
changing Sections 24-3 and 24-8 as follows:
| ||
(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| ||
Sec. 24-3. Unlawful sale or delivery of firearms.
| ||
(A) A person commits the offense of unlawful sale or | ||
delivery of firearms when he
or she knowingly does any of the | ||
following:
| ||
(a) Sells or gives any firearm of a size which may be | ||
concealed upon the
person to any person under 18 years of | ||
age.
| ||
(b) Sells or gives any firearm to a person under 21 | ||
years of age who has
been convicted of a misdemeanor other | ||
than a traffic offense or adjudged
delinquent.
| ||
(c) Sells or gives any firearm to any narcotic addict.
| ||
(d) Sells or gives any firearm to any person who has | ||
been convicted of a
felony under the laws of this or any | ||
other jurisdiction.
| ||
(e) Sells or gives any firearm to any person who has | ||
been a patient in a
mental institution within the past 5 |
years. In this subsection (e): | ||
"Mental institution" means any hospital, | ||
institution, clinic, evaluation facility, mental | ||
health center, or part thereof, which is used | ||
primarily for the care or treatment of persons with | ||
mental illness. | ||
"Patient in a mental institution" means the person | ||
was admitted, either voluntarily or involuntarily, to | ||
a mental institution for mental health treatment, | ||
unless the treatment was voluntary and solely for an | ||
alcohol abuse disorder and no other secondary | ||
substance abuse disorder or mental illness.
| ||
(f) Sells or gives any firearms to any person who is a | ||
person with an intellectual disability.
| ||
(g) Delivers any firearm, incidental to a sale, | ||
without withholding delivery of the firearm
for at least | ||
72 hours after application for its purchase has been made, | ||
or
delivers a stun gun or taser, incidental to a sale,
| ||
without withholding delivery of the stun gun or taser for
| ||
at least 24 hours after application for its purchase has | ||
been made.
However,
this paragraph (g) does not apply to: | ||
(1) the sale of a firearm
to a law enforcement officer if | ||
the seller of the firearm knows that the person to whom he | ||
or she is selling the firearm is a law enforcement officer | ||
or the sale of a firearm to a person who desires to | ||
purchase a firearm for
use in promoting the public |
interest incident to his or her employment as a
bank | ||
guard, armed truck guard, or other similar employment; (2) | ||
a mail
order sale of a firearm from a federally licensed | ||
firearms dealer to a nonresident of Illinois under which | ||
the firearm
is mailed to a federally licensed firearms | ||
dealer outside the boundaries of Illinois; (3) (blank); | ||
(4) the sale of a
firearm to a dealer licensed as a federal | ||
firearms dealer under Section 923
of the federal Gun | ||
Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or | ||
sale of any rifle, shotgun, or other long gun to a resident | ||
registered competitor or attendee or non-resident | ||
registered competitor or attendee by any dealer licensed | ||
as a federal firearms dealer under Section 923 of the | ||
federal Gun Control Act of 1968 at competitive shooting | ||
events held at the World Shooting Complex sanctioned by a | ||
national governing body. For purposes of transfers or | ||
sales under subparagraph (5) of this paragraph (g), the | ||
Department of Natural Resources shall give notice to the | ||
Department of State Police at least 30 calendar days prior | ||
to any competitive shooting events at the World Shooting | ||
Complex sanctioned by a national governing body. The | ||
notification shall be made on a form prescribed by the | ||
Department of State Police. The sanctioning body shall | ||
provide a list of all registered competitors and attendees | ||
at least 24 hours before the events to the Department of | ||
State Police. Any changes to the list of registered |
competitors and attendees shall be forwarded to the | ||
Department of State Police as soon as practicable. The | ||
Department of State Police must destroy the list of | ||
registered competitors and attendees no later than 30 days | ||
after the date of the event. Nothing in this paragraph (g) | ||
relieves a federally licensed firearm dealer from the | ||
requirements of conducting a NICS background check through | ||
the Illinois Point of Contact under 18 U.S.C. 922(t). For | ||
purposes of this paragraph (g), "application" means when | ||
the buyer and seller reach an agreement to purchase a | ||
firearm.
For purposes of this paragraph (g), "national | ||
governing body" means a group of persons who adopt rules | ||
and formulate policy on behalf of a national firearm | ||
sporting organization.
| ||
(h) While holding any license
as a dealer,
importer, | ||
manufacturer or pawnbroker
under the federal Gun Control | ||
Act of 1968,
manufactures, sells or delivers to any | ||
unlicensed person a handgun having
a barrel, slide, frame | ||
or receiver which is a die casting of zinc alloy or
any | ||
other nonhomogeneous metal which will melt or deform at a | ||
temperature
of less than 800 degrees Fahrenheit. For | ||
purposes of this paragraph, (1)
"firearm" is defined as in | ||
the Firearm Owners Identification Card Act; and (2)
| ||
"handgun" is defined as a firearm designed to be held
and | ||
fired by the use of a single hand, and includes a | ||
combination of parts from
which such a firearm can be |
assembled.
| ||
(i) Sells or gives a firearm of any size to any person | ||
under 18 years of
age who does not possess a valid Firearm | ||
Owner's Identification Card.
| ||
(j) Sells or gives a firearm while engaged in the | ||
business of selling
firearms at wholesale or retail | ||
without being licensed as a federal firearms
dealer under | ||
Section 923 of the federal Gun Control Act of 1968 (18 | ||
U.S.C.
923). In this paragraph (j):
| ||
A person "engaged in the business" means a person who | ||
devotes time,
attention, and
labor to
engaging in the | ||
activity as a regular course of trade or business with the
| ||
principal objective of livelihood and profit, but does not | ||
include a person who
makes occasional repairs of firearms | ||
or who occasionally fits special barrels,
stocks, or | ||
trigger mechanisms to firearms.
| ||
"With the principal objective of livelihood and | ||
profit" means that the
intent
underlying the sale or | ||
disposition of firearms is predominantly one of
obtaining | ||
livelihood and pecuniary gain, as opposed to other | ||
intents, such as
improving or liquidating a personal | ||
firearms collection; however, proof of
profit shall not be | ||
required as to a person who engages in the regular and
| ||
repetitive purchase and disposition of firearms for | ||
criminal purposes or
terrorism.
| ||
(k) Sells or transfers ownership of a firearm to a |
person who does not display to the seller or transferor of | ||
the firearm either: (1) a currently valid Firearm Owner's | ||
Identification Card that has previously been issued in the | ||
transferee's name by the Department of State Police under | ||
the provisions of the Firearm Owners Identification Card | ||
Act; or (2) a currently valid license to carry a concealed | ||
firearm that has previously been issued in the | ||
transferee's name by the
Department of State Police under | ||
the Firearm Concealed Carry Act. This paragraph (k) does | ||
not apply to the transfer of a firearm to a person who is | ||
exempt from the requirement of possessing a Firearm | ||
Owner's Identification Card under Section 2 of the Firearm | ||
Owners Identification Card Act. For the purposes of this | ||
Section, a currently valid Firearm Owner's Identification | ||
Card or license to carry a concealed firearm means receipt | ||
of (i) a Firearm Owner's Identification Card that has not | ||
expired or (ii) an approval number issued in accordance | ||
with subsection (a-10) of subsection 3 or Section 3.1 of | ||
the Firearm Owners Identification Card Act shall be proof | ||
that the Firearm Owner's Identification Card was valid . | ||
(1) In addition to the other requirements of this | ||
paragraph (k), all persons who are not federally | ||
licensed firearms dealers must also have complied with | ||
subsection (a-10) of Section 3 of the Firearm Owners | ||
Identification Card Act by determining the validity of | ||
a purchaser's Firearm Owner's Identification Card. |
(2) All sellers or transferors who have complied | ||
with the requirements of subparagraph (1) of this | ||
paragraph (k) shall not be liable for damages in any | ||
civil action arising from the use or misuse by the | ||
transferee of the firearm transferred, except for | ||
willful or wanton misconduct on the part of the seller | ||
or transferor. | ||
(l) Not
being entitled to the possession of a firearm, | ||
delivers the
firearm, knowing it to have been stolen or | ||
converted. It may be inferred that
a person who possesses | ||
a firearm with knowledge that its serial number has
been | ||
removed or altered has knowledge that the firearm is | ||
stolen or converted. | ||
(B) Paragraph (h) of subsection (A) does not include | ||
firearms sold within 6
months after enactment of Public
Act | ||
78-355 (approved August 21, 1973, effective October 1, 1973), | ||
nor is any
firearm legally owned or
possessed by any citizen or | ||
purchased by any citizen within 6 months after the
enactment | ||
of Public Act 78-355 subject
to confiscation or seizure under | ||
the provisions of that Public Act. Nothing in
Public Act | ||
78-355 shall be construed to prohibit the gift or trade of
any | ||
firearm if that firearm was legally held or acquired within 6 | ||
months after
the enactment of that Public Act.
| ||
(C) Sentence.
| ||
(1) Any person convicted of unlawful sale or delivery | ||
of firearms in violation of
paragraph (c), (e), (f), (g), |
or (h) of subsection (A) commits a Class
4
felony.
| ||
(2) Any person convicted of unlawful sale or delivery | ||
of firearms in violation of
paragraph (b) or (i) of | ||
subsection (A) commits a Class 3 felony.
| ||
(3) Any person convicted of unlawful sale or delivery | ||
of firearms in violation of
paragraph (a) of subsection | ||
(A) commits a Class 2 felony.
| ||
(4) Any person convicted of unlawful sale or delivery | ||
of firearms in violation of
paragraph (a), (b), or (i) of | ||
subsection (A) in any school, on the real
property | ||
comprising a school, within 1,000 feet of the real | ||
property comprising
a school, at a school related | ||
activity, or on or within 1,000 feet of any
conveyance | ||
owned, leased, or contracted by a school or school | ||
district to
transport students to or from school or a | ||
school related activity,
regardless of the time of day or | ||
time of year at which the offense
was committed, commits a | ||
Class 1 felony. Any person convicted of a second
or | ||
subsequent violation of unlawful sale or delivery of | ||
firearms in violation of paragraph
(a), (b), or (i) of | ||
subsection (A) in any school, on the real property
| ||
comprising a school, within 1,000 feet of the real | ||
property comprising a
school, at a school related | ||
activity, or on or within 1,000 feet of any
conveyance | ||
owned, leased, or contracted by a school or school | ||
district to
transport students to or from school or a |
school related activity,
regardless of the time of day or | ||
time of year at which the offense
was committed, commits a | ||
Class 1 felony for which the sentence shall be a
term of | ||
imprisonment of no less than 5 years and no more than 15 | ||
years.
| ||
(5) Any person convicted of unlawful sale or delivery | ||
of firearms in violation of
paragraph (a) or (i) of | ||
subsection (A) in residential property owned,
operated, or | ||
managed by a public housing agency or leased by a public | ||
housing
agency as part of a scattered site or mixed-income | ||
development, in a public
park, in a
courthouse, on | ||
residential property owned, operated, or managed by a | ||
public
housing agency or leased by a public housing agency | ||
as part of a scattered site
or mixed-income development, | ||
on the real property comprising any public park,
on the | ||
real
property comprising any courthouse, or on any public | ||
way within 1,000 feet
of the real property comprising any | ||
public park, courthouse, or residential
property owned, | ||
operated, or managed by a public housing agency or leased | ||
by a
public housing agency as part of a scattered site or | ||
mixed-income development
commits a
Class 2 felony.
| ||
(6) Any person convicted of unlawful sale or delivery | ||
of firearms in violation of
paragraph (j) of subsection | ||
(A) commits a Class A misdemeanor. A second or
subsequent | ||
violation is a Class 4 felony. | ||
(7) Any person convicted of unlawful sale or delivery |
of firearms in violation of paragraph (k) of subsection | ||
(A) commits a Class 4 felony, except that a violation of | ||
subparagraph (1) of paragraph (k) of subsection (A) shall | ||
not be punishable as a crime or petty offense. A third or | ||
subsequent conviction for a violation of paragraph (k) of | ||
subsection (A) is a Class 1 felony.
| ||
(8) A person 18 years of age or older convicted of | ||
unlawful sale or delivery of firearms in violation of | ||
paragraph (a) or (i) of subsection (A), when the firearm | ||
that was sold or given to another person under 18 years of | ||
age was used in the commission of or attempt to commit a | ||
forcible felony, shall be fined or imprisoned, or both, | ||
not to exceed the maximum provided for the most serious | ||
forcible felony so committed or attempted by the person | ||
under 18 years of age who was sold or given the firearm. | ||
(9) Any person convicted of unlawful sale or delivery | ||
of firearms in violation of
paragraph (d) of subsection | ||
(A) commits a Class 3 felony. | ||
(10) Any person convicted of unlawful sale or delivery | ||
of firearms in violation of paragraph (l) of subsection | ||
(A) commits a Class 2 felony if the delivery is of one | ||
firearm. Any person convicted of unlawful sale or delivery | ||
of firearms in violation of paragraph (l) of subsection | ||
(A) commits a Class 1 felony if the delivery is of not less | ||
than 2 and not more than 5 firearms at the
same time or | ||
within a one year period. Any person convicted of unlawful |
sale or delivery of firearms in violation of paragraph (l) | ||
of subsection (A) commits a Class X felony for which he or | ||
she shall be sentenced
to a term of imprisonment of not | ||
less than 6 years and not more than 30
years if the | ||
delivery is of not less than 6 and not more than 10 | ||
firearms at the
same time or within a 2 year period. Any | ||
person convicted of unlawful sale or delivery of firearms | ||
in violation of paragraph (l) of subsection (A) commits a | ||
Class X felony for which he or she shall be sentenced
to a | ||
term of imprisonment of not less than 6 years and not more | ||
than 40
years if the delivery is of not less than 11 and | ||
not more than 20 firearms at the
same time or within a 3 | ||
year period. Any person convicted of unlawful sale or | ||
delivery of firearms in violation of paragraph (l) of | ||
subsection (A) commits a Class X felony for which he or she | ||
shall be sentenced
to a term of imprisonment of not less | ||
than 6 years and not more than 50
years if the delivery is | ||
of not less than 21 and not more than 30 firearms at the
| ||
same time or within a 4 year period. Any person convicted | ||
of unlawful sale or delivery of firearms in violation of | ||
paragraph (l) of subsection (A) commits a Class X felony | ||
for which he or she shall be sentenced
to a term of | ||
imprisonment of not less than 6 years and not more than 60
| ||
years if the delivery is of 31 or more firearms at the
same | ||
time or within a 5 year period. | ||
(D) For purposes of this Section:
|
"School" means a public or private elementary or secondary | ||
school,
community college, college, or university.
| ||
"School related activity" means any sporting, social, | ||
academic, or
other activity for which students' attendance or | ||
participation is sponsored,
organized, or funded in whole or | ||
in part by a school or school district.
| ||
(E) A prosecution for a violation of paragraph (k) of | ||
subsection (A) of this Section may be commenced within 6 years | ||
after the commission of the offense. A prosecution for a | ||
violation of this Section other than paragraph (g) of | ||
subsection (A) of this Section may be commenced within 5 years | ||
after the commission of the offense defined in the particular | ||
paragraph.
| ||
(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; | ||
99-642, eff. 7-28-16; 100-606, eff. 1-1-19 .)
| ||
(720 ILCS 5/24-8)
| ||
Sec. 24-8. Firearm evidence tracing .
| ||
(a) Upon recovering a firearm from the possession
of | ||
anyone who is not permitted by federal or State
law
to possess | ||
a firearm, a local law enforcement agency shall
use the best | ||
available information, including a firearms trace when | ||
necessary,
to determine how and from whom the person gained
| ||
possession of the firearm.
Upon recovering a firearm that was | ||
used in the commission of any offense
classified as a felony or | ||
upon recovering a firearm that appears to have been
lost, |
mislaid,
stolen, or
otherwise unclaimed, a local law | ||
enforcement agency shall use the best
available
information, | ||
including a firearms trace when necessary , to determine prior
| ||
ownership of
the firearm.
| ||
(b) Law Local law enforcement shall, when appropriate, use | ||
the National
Tracing Center of the
Federal
Bureau of Alcohol, | ||
Tobacco and Firearms and the National Crime Information Center | ||
of the Federal Bureau of Investigation in complying with | ||
subsection (a) of
this Section.
| ||
(c) Law Local law enforcement agencies shall use the | ||
Illinois Department of
State Police Law Enforcement Agencies | ||
Data System (LEADS) Gun File to enter all
stolen, seized, or | ||
recovered firearms as prescribed by LEADS regulations and
| ||
policies. | ||
(d) Whenever a law enforcement agency recovers a fired | ||
cartridge case at a crime scene or has reason to believe that | ||
the recovered fired cartridge case is related to or associated | ||
with the commission of a crime, the law enforcement agency | ||
shall submit the evidence to the National Integrated | ||
Ballistics Information Network (NIBIN) or an Illinois State | ||
Police laboratory for NIBIN processing. Whenever a law | ||
enforcement agency seizes or recovers a semiautomatic firearm | ||
that is deemed suitable to be entered into the NIBIN that was: | ||
(i) unlawfully possessed, (ii) used for any unlawful purpose, | ||
(iii) recovered from the scene of a crime, (iv) is reasonably | ||
believed to have been used or associated with the commission |
of a crime, or (v) is acquired by the law enforcement agency as | ||
an abandoned or discarded firearm, the law enforcement agency | ||
shall submit the evidence to the NIBIN or an Illinois State | ||
Police laboratory for NIBIN processing.
When practicable, all | ||
NIBIN-suitable evidence and NIBIN-suitable test fires from | ||
recovered firearms shall be entered into the NIBIN within 2 | ||
business days of submission to Illinois State Police | ||
laboratories that have NIBIN access or another NIBIN site. | ||
Exceptions to this may occur if the evidence in question | ||
requires analysis by other forensic disciplines. The Illinois | ||
State Police laboratory, submitting agency, and relevant court | ||
representatives shall determine whether the request for | ||
additional analysis outweighs the 2 business-day requirement.
| ||
Illinois State Police laboratories that do not have NIBIN | ||
access shall submit NIBIN-suitable evidence and test fires to | ||
an Illinois State Police laboratory with NIBIN access. Upon | ||
receipt at the laboratory with NIBIN access, when practicable, | ||
the evidence and test fires shall be entered into the NIBIN | ||
within 2 business days. Exceptions to this 2 business-day | ||
requirement may occur if the evidence in question requires | ||
analysis by other forensic disciplines. The Illinois State | ||
Police laboratory, submitting agency, and relevant court | ||
representatives shall determine whether the request for | ||
additional analysis outweighs the 2 business-day requirement.
| ||
Nothing in this Section shall be interpreted to conflict with | ||
standards and policies for NIBIN sites as promulgated by the |
federal Bureau of Alcohol, Tobacco, Firearms and Explosives or | ||
successor agencies.
| ||
(Source: P.A. 91-364, eff. 1-1-00; 92-300, eff. 1-1-02.)
| ||
Section 35. The Code of Criminal Procedure of 1963 is | ||
amended by changing Section 112A-14 as follows:
| ||
(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
| ||
Sec. 112A-14. Domestic violence order of protection; | ||
remedies.
| ||
(a) (Blank).
| ||
(b) The court may order any of the remedies listed in this | ||
subsection (b).
The remedies listed in this subsection (b) | ||
shall be in addition to other civil
or criminal remedies | ||
available to petitioner.
| ||
(1) Prohibition of abuse. Prohibit respondent's | ||
harassment,
interference with personal liberty, | ||
intimidation of a dependent, physical
abuse, or willful | ||
deprivation, as defined in this Article, if such abuse has
| ||
occurred or otherwise appears likely to occur if not | ||
prohibited.
| ||
(2) Grant of exclusive possession of residence. | ||
Prohibit respondent
from entering or remaining in any | ||
residence, household, or premises of the petitioner,
| ||
including one owned or leased by respondent, if petitioner | ||
has a right
to occupancy thereof. The grant of exclusive |
possession of the residence, household, or premises
shall | ||
not affect title to real property, nor shall the court be | ||
limited by
the standard set forth in subsection (c-2) of | ||
Section 501 of the Illinois Marriage and
Dissolution of | ||
Marriage Act.
| ||
(A) Right to occupancy. A party has a right to | ||
occupancy of a
residence or household if it is
solely | ||
or jointly owned or leased by that party, that party's | ||
spouse, a
person with a legal duty to support that | ||
party or a minor child in that
party's care, or by any | ||
person or entity other than the opposing party that
| ||
authorizes that party's occupancy (e.g., a domestic | ||
violence shelter).
Standards set forth in subparagraph | ||
(B) shall not preclude equitable relief.
| ||
(B) Presumption of hardships. If petitioner and | ||
respondent
each has the right to occupancy of a | ||
residence or household, the court
shall balance (i) | ||
the hardships to respondent and any minor child or
| ||
dependent adult in respondent's care resulting from | ||
entry of this remedy with (ii)
the hardships to | ||
petitioner and any minor child or dependent adult in
| ||
petitioner's care resulting from continued exposure to | ||
the risk of abuse (should
petitioner remain at the | ||
residence or household) or from loss of possession
of | ||
the residence or household (should petitioner leave to | ||
avoid the risk
of abuse). When determining the balance |
of hardships, the court shall also
take into account | ||
the accessibility of the residence or household.
| ||
Hardships need not be balanced if respondent does not | ||
have a right to occupancy.
| ||
The balance of hardships is presumed to favor | ||
possession by
petitioner unless the presumption is | ||
rebutted by a preponderance of the
evidence, showing | ||
that the hardships to respondent substantially | ||
outweigh
the hardships to petitioner and any minor | ||
child or dependent adult in petitioner's
care. The | ||
court, on the request of petitioner or on its own | ||
motion,
may order respondent to provide suitable, | ||
accessible, alternate housing
for petitioner instead | ||
of
excluding respondent from a mutual residence or | ||
household.
| ||
(3) Stay away order and additional prohibitions.
Order | ||
respondent to stay away from petitioner or any other | ||
person
protected by the domestic violence order of | ||
protection, or prohibit respondent from entering
or | ||
remaining present at petitioner's school, place of | ||
employment, or other
specified places at times when | ||
petitioner is present, or both, if
reasonable, given
the | ||
balance of hardships. Hardships need not be balanced for | ||
the court
to enter a stay away order or prohibit entry
if | ||
respondent has no right to enter the premises.
| ||
(A) If a domestic violence order of protection |
grants petitioner exclusive possession
of the | ||
residence, prohibits respondent from entering the | ||
residence,
or orders respondent to stay away from | ||
petitioner or other
protected persons, then the court | ||
may allow respondent access to the
residence to remove | ||
items of clothing and personal adornment
used | ||
exclusively by respondent, medications, and other | ||
items as the court directs.
The right to access shall | ||
be exercised on only one occasion as the court directs
| ||
and in the presence of an agreed-upon adult third | ||
party or law enforcement officer.
| ||
(B) When the petitioner and the respondent attend | ||
the same public, private, or non-public elementary, | ||
middle, or high school, the court when issuing a | ||
domestic violence order of protection and providing | ||
relief shall consider the severity of the act, any | ||
continuing physical danger or emotional distress to | ||
the petitioner, the educational rights guaranteed to | ||
the petitioner and respondent under federal and State | ||
law, the availability of a transfer of the respondent | ||
to another school, a change of placement or a change of | ||
program of the respondent, the expense, difficulty, | ||
and educational disruption that would be caused by a | ||
transfer of the respondent to another school, and any | ||
other relevant facts of the case. The court may order | ||
that the respondent not attend the public, private, or |
non-public elementary, middle, or high school attended | ||
by the petitioner, order that the respondent accept a | ||
change of placement or change of program, as | ||
determined by the school district or private or | ||
non-public school, or place restrictions on the | ||
respondent's movements within the school attended by | ||
the petitioner. The respondent bears the burden of | ||
proving by a preponderance of the evidence that a | ||
transfer, change of placement, or change of program of | ||
the respondent is not available. The respondent also | ||
bears the burden of production with respect to the | ||
expense, difficulty, and educational disruption that | ||
would be caused by a transfer of the respondent to | ||
another school. A transfer, change of placement, or | ||
change of program is not unavailable to the respondent | ||
solely on the ground that the respondent does not | ||
agree with the school district's or private or | ||
non-public school's transfer, change of placement, or | ||
change of program or solely on the ground that the | ||
respondent fails or refuses to consent or otherwise | ||
does not take an action required to effectuate a | ||
transfer, change of placement, or change of program. | ||
When a court orders a respondent to stay away from the | ||
public, private, or non-public school attended by the | ||
petitioner and the respondent requests a transfer to | ||
another attendance center within the respondent's |
school district or private or non-public school, the | ||
school district or private or non-public school shall | ||
have sole discretion to determine the attendance | ||
center to which the respondent is transferred. If the | ||
court order results in a transfer of the minor | ||
respondent to another attendance center, a change in | ||
the respondent's placement, or a change of the | ||
respondent's program, the parents, guardian, or legal | ||
custodian of the respondent is responsible for | ||
transportation and other costs associated with the | ||
transfer or change. | ||
(C) The court may order the parents, guardian, or | ||
legal custodian of a minor respondent to take certain | ||
actions or to refrain from taking certain actions to | ||
ensure that the respondent complies with the order. If | ||
the court orders a transfer of the respondent to | ||
another school, the parents, guardian, or legal | ||
custodian of the respondent is responsible for | ||
transportation and other costs associated with the | ||
change of school by the respondent. | ||
(4) Counseling. Require or recommend the respondent to | ||
undergo
counseling for a specified duration with a social | ||
worker, psychologist,
clinical psychologist, | ||
psychiatrist, family service agency, alcohol or
substance | ||
abuse program, mental health center guidance counselor, | ||
agency
providing services to elders, program designed for |
domestic violence
abusers, or any other guidance service | ||
the court deems appropriate. The court may order the | ||
respondent in any intimate partner relationship to report | ||
to an Illinois Department of Human Services protocol | ||
approved partner abuse intervention program for an | ||
assessment and to follow all recommended treatment.
| ||
(5) Physical care and possession of the minor child. | ||
In order to protect
the minor child from abuse, neglect, | ||
or unwarranted separation from the person
who has been the | ||
minor child's primary caretaker, or to otherwise protect | ||
the
well-being of the minor child, the court may do either | ||
or both of the following:
(i) grant petitioner physical | ||
care or possession of the minor child, or both, or
(ii) | ||
order respondent to return a minor child to, or not remove | ||
a minor child
from, the physical care of a parent or person | ||
in loco parentis.
| ||
If the respondent is charged with abuse
(as defined in | ||
Section 112A-3 of this Code) of a minor child, there shall | ||
be a
rebuttable presumption that awarding physical care to | ||
respondent would not
be in the minor child's best | ||
interest.
| ||
(6) Temporary allocation of parental responsibilities | ||
and significant decision-making responsibilities.
Award | ||
temporary significant decision-making responsibility to | ||
petitioner in accordance with this Section,
the Illinois | ||
Marriage
and Dissolution of Marriage Act, the Illinois |
Parentage Act of 2015,
and this State's Uniform | ||
Child-Custody
Jurisdiction and Enforcement Act.
| ||
If the respondent
is charged with abuse (as defined in | ||
Section 112A-3 of this Code) of a
minor child, there shall | ||
be a rebuttable presumption that awarding
temporary | ||
significant decision-making responsibility to respondent | ||
would not be in the
child's best interest.
| ||
(7) Parenting time. Determine the parenting time, if | ||
any, of respondent in any case in which the court
awards | ||
physical care or temporary significant decision-making | ||
responsibility of a minor child to
petitioner. The court | ||
shall restrict or deny respondent's parenting time with
a | ||
minor child if
the court finds that respondent has done or | ||
is likely to do any of the
following: | ||
(i) abuse or endanger the minor child during | ||
parenting time; | ||
(ii) use the parenting time
as an opportunity to | ||
abuse or harass petitioner or
petitioner's family or | ||
household members; | ||
(iii) improperly conceal or
detain the minor | ||
child; or | ||
(iv) otherwise act in a manner that is not in
the | ||
best interests of the minor child. | ||
The court shall not be limited by the
standards set | ||
forth in Section 603.10 of the Illinois Marriage and
| ||
Dissolution of Marriage Act. If the court grants parenting |
time, the order
shall specify dates and times for the | ||
parenting time to take place or other
specific parameters | ||
or conditions that are appropriate. No order for parenting | ||
time
shall refer merely to the term "reasonable parenting | ||
time". Petitioner may deny respondent access to the minor | ||
child if, when
respondent arrives for parenting time, | ||
respondent is under the influence of drugs
or alcohol and | ||
constitutes a threat to the safety and well-being of
| ||
petitioner or petitioner's minor children or is behaving | ||
in a violent or abusive manner. If necessary to protect | ||
any member of petitioner's family or
household from future | ||
abuse, respondent shall be prohibited from coming to
| ||
petitioner's residence to meet the minor child for | ||
parenting time, and the petitioner and respondent
shall | ||
submit to the court their recommendations for reasonable
| ||
alternative arrangements for parenting time. A person may | ||
be approved to
supervise parenting time only after filing | ||
an affidavit accepting
that responsibility and | ||
acknowledging accountability to the court.
| ||
(8) Removal or concealment of minor child.
Prohibit | ||
respondent from
removing a minor child from the State or | ||
concealing the child within the
State.
| ||
(9) Order to appear. Order the respondent to
appear in | ||
court, alone
or with a minor child, to prevent abuse, | ||
neglect, removal or concealment of
the child, to return | ||
the child to the custody or care of the petitioner, or
to |
permit any court-ordered interview or examination of the | ||
child or the
respondent.
| ||
(10) Possession of personal property. Grant petitioner | ||
exclusive
possession of personal property and, if | ||
respondent has possession or
control, direct respondent to | ||
promptly make it available to petitioner, if:
| ||
(i) petitioner, but not respondent, owns the | ||
property; or
| ||
(ii) the petitioner and respondent own the | ||
property jointly; sharing it would risk
abuse of | ||
petitioner by respondent or is impracticable; and the | ||
balance of
hardships favors temporary possession by | ||
petitioner.
| ||
If petitioner's sole claim to ownership of the | ||
property is that it is
marital property, the court may | ||
award petitioner temporary possession
thereof under the | ||
standards of subparagraph (ii) of this paragraph only if
a | ||
proper proceeding has been filed under the Illinois | ||
Marriage and
Dissolution of Marriage Act, as now or | ||
hereafter amended.
| ||
No order under this provision shall affect title to | ||
property.
| ||
(11) Protection of property. Forbid the respondent | ||
from taking,
transferring, encumbering, concealing, | ||
damaging, or otherwise disposing of
any real or personal | ||
property, except as explicitly authorized by the
court, |
if:
| ||
(i) petitioner, but not respondent, owns the | ||
property; or
| ||
(ii) the petitioner and respondent own the | ||
property jointly,
and the balance of hardships favors | ||
granting this remedy.
| ||
If petitioner's sole claim to ownership of the | ||
property is that it is
marital property, the court may | ||
grant petitioner relief under subparagraph
(ii) of this | ||
paragraph only if a proper proceeding has been filed under | ||
the
Illinois Marriage and Dissolution of Marriage Act, as | ||
now or hereafter amended.
| ||
The court may further prohibit respondent from | ||
improperly using the
financial or other resources of an | ||
aged member of the family or household
for the profit or | ||
advantage of respondent or of any other person.
| ||
(11.5) Protection of animals. Grant the petitioner the | ||
exclusive care, custody, or control of any animal owned, | ||
possessed, leased, kept, or held by either the petitioner | ||
or the respondent or a minor child residing in the | ||
residence or household of either the petitioner or the | ||
respondent and order the respondent to stay away from the | ||
animal and forbid the respondent from taking, | ||
transferring, encumbering, concealing, harming, or | ||
otherwise disposing of the animal.
| ||
(12) Order for payment of support. Order
respondent to |
pay temporary
support for the petitioner or any child in | ||
the petitioner's care or over whom the petitioner has been | ||
allocated parental responsibility, when the respondent has | ||
a legal obligation to support that person,
in accordance | ||
with the Illinois Marriage and Dissolution
of Marriage | ||
Act, which shall govern, among other matters, the amount | ||
of
support, payment through the clerk and withholding of | ||
income to secure
payment. An order for child support may | ||
be granted to a petitioner with
lawful physical care of a | ||
child, or an order or agreement for
physical care of a | ||
child, prior to entry of an order allocating significant | ||
decision-making responsibility.
Such a support order shall | ||
expire upon entry of a valid order allocating parental | ||
responsibility differently and vacating petitioner's | ||
significant decision-making responsibility unless | ||
otherwise provided in the order.
| ||
(13) Order for payment of losses. Order
respondent to | ||
pay petitioner
for losses suffered as a direct result of | ||
the abuse. Such losses shall
include, but not be limited | ||
to, medical expenses, lost earnings or other
support, | ||
repair or replacement of property damaged or taken, | ||
reasonable
attorney's fees, court costs, and moving or | ||
other travel expenses, including
additional reasonable | ||
expenses for temporary shelter and restaurant meals.
| ||
(i) Losses affecting family needs. If a party is | ||
entitled to seek
maintenance, child support, or |
property distribution from the other party
under the | ||
Illinois Marriage and Dissolution of Marriage Act, as | ||
now or
hereafter amended, the court may order | ||
respondent to reimburse petitioner's
actual losses, to | ||
the extent that such reimbursement would be | ||
"appropriate
temporary relief", as authorized by | ||
subsection (a)(3) of
Section 501 of that Act.
| ||
(ii) Recovery of expenses. In the case of an | ||
improper concealment
or removal of a minor child, the | ||
court may order respondent to pay the reasonable
| ||
expenses incurred or to be incurred in the search for | ||
and recovery of the
minor child, including, but not | ||
limited to, legal fees, court costs, private
| ||
investigator fees, and travel costs.
| ||
(14) Prohibition of entry. Prohibit the respondent | ||
from entering or
remaining in the residence or household | ||
while the respondent is under the
influence of alcohol or | ||
drugs and constitutes a threat to the safety and
| ||
well-being of the petitioner or the petitioner's children.
| ||
(14.5) Prohibition of firearm possession. | ||
(A) A person who is subject to an existing | ||
domestic violence order of protection issued under | ||
this Code may not lawfully possess weapons or a | ||
Firearm Owner's Identification Card under Section 8.2 | ||
of the Firearm Owners Identification Card Act. | ||
(B) Any firearms in the
possession of the |
respondent, except as provided in subparagraph (C) of | ||
this paragraph (14.5), shall be ordered by the court | ||
to be turned
over to a person with a valid Firearm | ||
Owner's Identification Card for safekeeping. The court | ||
shall issue an order that the respondent comply with | ||
Section 9.5 of the Firearm Owners Identification Card | ||
Act. the respondent's Firearm Owner's Identification | ||
Card be turned over to the local law enforcement | ||
agency, which in turn shall immediately mail the card | ||
to the Department of State Police Firearm Owner's | ||
Identification Card Office for safekeeping.
The period | ||
of safekeeping shall be for the duration of the | ||
domestic violence order of protection. The firearm or | ||
firearms and Firearm Owner's Identification Card, if | ||
unexpired, shall at the respondent's request be | ||
returned to the respondent at expiration of the | ||
domestic violence order of protection.
| ||
(C) If the respondent is a peace officer as | ||
defined in Section 2-13 of
the
Criminal Code of 2012, | ||
the court shall order that any firearms used by the
| ||
respondent in the performance of his or her duties as a
| ||
peace officer be surrendered to
the chief law | ||
enforcement executive of the agency in which the | ||
respondent is
employed, who shall retain the firearms | ||
for safekeeping for the duration of the domestic | ||
violence order of protection.
|
(D) Upon expiration of the period of safekeeping, | ||
if the firearms or Firearm Owner's Identification Card | ||
cannot be returned to respondent because respondent | ||
cannot be located, fails to respond to requests to | ||
retrieve the firearms, or is not lawfully eligible to | ||
possess a firearm, upon petition from the local law | ||
enforcement agency, the court may order the local law | ||
enforcement agency to destroy the firearms, use the | ||
firearms for training purposes, or for any other | ||
application as deemed appropriate by the local law | ||
enforcement agency; or that the firearms be turned | ||
over to a third party who is lawfully eligible to | ||
possess firearms, and who does not reside with | ||
respondent. | ||
(15) Prohibition of access to records. If a domestic | ||
violence order of protection
prohibits respondent from | ||
having contact with the minor child,
or if petitioner's | ||
address is omitted under subsection (b) of
Section 112A-5 | ||
of this Code, or if necessary to prevent abuse or wrongful | ||
removal or
concealment of a minor child, the order shall | ||
deny respondent access to, and
prohibit respondent from | ||
inspecting, obtaining, or attempting to
inspect or obtain, | ||
school or any other records of the minor child
who is in | ||
the care of petitioner.
| ||
(16) Order for payment of shelter services. Order | ||
respondent to
reimburse a shelter providing temporary |
housing and counseling services to
the petitioner for the | ||
cost of the services, as certified by the shelter
and | ||
deemed reasonable by the court.
| ||
(17) Order for injunctive relief. Enter injunctive | ||
relief necessary
or appropriate to prevent further abuse | ||
of a family or household member or
to effectuate one of the | ||
granted remedies, if supported by the balance of
| ||
hardships. If the harm to be prevented by the injunction | ||
is abuse or any
other harm that one of the remedies listed | ||
in paragraphs (1) through (16)
of this subsection is | ||
designed to prevent, no further evidence is necessary
to | ||
establish that the harm is an irreparable injury.
| ||
(18) Telephone services. | ||
(A) Unless a condition described in subparagraph | ||
(B) of this paragraph exists, the court may, upon | ||
request by the petitioner, order a wireless telephone | ||
service provider to transfer to the petitioner the | ||
right to continue to use a telephone number or numbers | ||
indicated by the petitioner and the financial | ||
responsibility associated with the number or numbers, | ||
as set forth in subparagraph (C) of this paragraph. In | ||
this paragraph (18), the term "wireless telephone | ||
service provider" means a provider of commercial | ||
mobile service as defined in 47 U.S.C. 332. The | ||
petitioner may request the transfer of each telephone | ||
number that the petitioner, or a minor child in his or |
her custody, uses. The clerk of the court shall serve | ||
the order on the wireless telephone service provider's | ||
agent for service of process provided to the Illinois | ||
Commerce Commission. The order shall contain all of | ||
the following: | ||
(i) The name and billing telephone number of | ||
the account holder including the name of the | ||
wireless telephone service provider that serves | ||
the account. | ||
(ii) Each telephone number that will be | ||
transferred. | ||
(iii) A statement that the provider transfers | ||
to the petitioner all financial responsibility for | ||
and right to the use of any telephone number | ||
transferred under this paragraph. | ||
(B) A wireless telephone service provider shall | ||
terminate the respondent's use of, and shall transfer | ||
to the petitioner use of, the telephone number or | ||
numbers indicated in subparagraph (A) of this | ||
paragraph unless it notifies the petitioner, within 72 | ||
hours after it receives the order, that one of the | ||
following applies: | ||
(i) The account holder named in the order has | ||
terminated the account. | ||
(ii) A difference in network technology would | ||
prevent or impair the functionality of a device on |
a network if the transfer occurs. | ||
(iii) The transfer would cause a geographic or | ||
other limitation on network or service provision | ||
to the petitioner. | ||
(iv) Another technological or operational | ||
issue would prevent or impair the use of the | ||
telephone number if the transfer occurs. | ||
(C) The petitioner assumes all financial | ||
responsibility for and right to the use of any | ||
telephone number transferred under this paragraph. In | ||
this paragraph, "financial responsibility" includes | ||
monthly service costs and costs associated with any | ||
mobile device associated with the number. | ||
(D) A wireless telephone service provider may | ||
apply to the petitioner its routine and customary | ||
requirements for establishing an account or | ||
transferring a number, including requiring the | ||
petitioner to provide proof of identification, | ||
financial information, and customer preferences.
| ||
(E) Except for willful or wanton misconduct, a | ||
wireless telephone service provider is immune from | ||
civil liability for its actions taken in compliance | ||
with a court order issued under this paragraph. | ||
(F) All wireless service providers that provide | ||
services to residential customers shall provide to the | ||
Illinois Commerce Commission the name and address of |
an agent for service of orders entered under this | ||
paragraph (18). Any change in status of the registered | ||
agent must be reported to the Illinois Commerce | ||
Commission within 30 days of such change. | ||
(G) The Illinois Commerce Commission shall | ||
maintain the list of registered agents for service for | ||
each wireless telephone service provider on the | ||
Commission's website. The Commission may consult with | ||
wireless telephone service providers and the Circuit | ||
Court Clerks on the manner in which this information | ||
is provided and displayed. | ||
(c) Relevant factors; findings.
| ||
(1) In determining whether to grant a
specific remedy, | ||
other than payment of support, the
court shall consider | ||
relevant factors, including, but not limited to, the
| ||
following:
| ||
(i) the nature, frequency, severity, pattern, and | ||
consequences of the
respondent's past abuse of the | ||
petitioner or any family or household
member, | ||
including the concealment of his or her location in | ||
order to evade
service of process or notice, and the | ||
likelihood of danger of future abuse to
petitioner or
| ||
any member of petitioner's or respondent's family or | ||
household; and
| ||
(ii) the danger that any minor child will be | ||
abused or neglected or
improperly relocated from the |
jurisdiction, improperly concealed within the
State, | ||
or improperly separated from the child's primary | ||
caretaker.
| ||
(2) In comparing relative hardships resulting to the | ||
parties from loss
of possession of the family home, the | ||
court shall consider relevant
factors, including, but not | ||
limited to, the following:
| ||
(i) availability, accessibility, cost, safety, | ||
adequacy, location, and other
characteristics of | ||
alternate housing for each party and any minor child | ||
or
dependent adult in the party's care;
| ||
(ii) the effect on the party's employment; and
| ||
(iii) the effect on the relationship of the party, | ||
and any minor
child or dependent adult in the party's | ||
care, to family, school, church,
and community.
| ||
(3) Subject to the exceptions set forth in paragraph | ||
(4) of this
subsection (c), the court shall make its | ||
findings in an official record or in
writing, and shall at | ||
a minimum set forth the following:
| ||
(i) That the court has considered the applicable | ||
relevant factors
described in paragraphs (1) and (2) | ||
of this subsection (c).
| ||
(ii) Whether the conduct or actions of respondent, | ||
unless
prohibited, will likely cause irreparable harm | ||
or continued abuse.
| ||
(iii) Whether it is necessary to grant the |
requested relief in order
to protect petitioner or | ||
other alleged abused persons.
| ||
(4) (Blank).
| ||
(5) Never married parties. No rights or | ||
responsibilities for a minor
child born outside of | ||
marriage attach to a putative father until a father and
| ||
child relationship has been established under the Illinois | ||
Parentage Act of
1984, the Illinois Parentage Act of 2015, | ||
the Illinois Public Aid Code, Section 12 of the Vital | ||
Records Act, the Juvenile Court Act of 1987, the Probate | ||
Act of 1975, the Uniform Interstate Family Support Act, | ||
the Expedited Child Support Act of 1990, any judicial, | ||
administrative, or other act of another state or | ||
territory, any other statute of this State, or by any | ||
foreign nation establishing the father and child | ||
relationship, any other proceeding substantially in | ||
conformity with the federal Personal Responsibility and | ||
Work Opportunity Reconciliation Act of 1996, or when both | ||
parties appeared in open court or at an administrative | ||
hearing acknowledging under oath or admitting by | ||
affirmation the existence of a father and child | ||
relationship. Absent such an adjudication, no putative | ||
father shall be granted
temporary allocation of parental | ||
responsibilities, including parenting time with the minor | ||
child, or
physical care
and possession of the minor child, | ||
nor shall
an order of payment for support of the minor |
child be entered.
| ||
(d) Balance of hardships; findings. If the court finds | ||
that the balance
of hardships does not support the granting of | ||
a remedy governed by
paragraph (2), (3), (10), (11), or (16) of
| ||
subsection (b) of this Section,
which may require such | ||
balancing, the court's findings shall so
indicate and shall | ||
include a finding as to whether granting the remedy will
| ||
result in hardship to respondent that would substantially | ||
outweigh the hardship
to petitioner
from denial of the remedy. | ||
The findings shall be an official record or in
writing.
| ||
(e) Denial of remedies. Denial of any remedy shall not be | ||
based, in
whole or in part, on evidence that:
| ||
(1) respondent has cause for any use of force, unless | ||
that cause
satisfies the standards for justifiable use of | ||
force provided by Article
7 of the Criminal Code of 2012;
| ||
(2) respondent was voluntarily intoxicated;
| ||
(3) petitioner acted in self-defense or defense of | ||
another, provided
that, if petitioner utilized force, such | ||
force was justifiable under
Article 7 of the Criminal Code | ||
of 2012;
| ||
(4) petitioner did not act in self-defense or defense | ||
of another;
| ||
(5) petitioner left the residence or household to | ||
avoid further abuse
by respondent;
| ||
(6) petitioner did not leave the residence or | ||
household to avoid further
abuse by respondent; or
|
(7) conduct by any family or household member excused | ||
the abuse by
respondent, unless that same conduct would | ||
have excused such abuse if the
parties had not been family | ||
or household members.
| ||
(Source: P.A. 100-199, eff. 1-1-18; 100-388, eff. 1-1-18; | ||
100-597, eff. 6-29-18; 100-863, eff. 8-14-18; 100-923, eff. | ||
1-1-19; 101-81, eff. 7-12-19.)
| ||
Section 40. The Unified Code of Corrections is amended by | ||
changing Section 5-4-3a as follows: | ||
(730 ILCS 5/5-4-3a) | ||
Sec. 5-4-3a. DNA testing backlog accountability. | ||
(a) On or before August 1 of each year, the Department of | ||
State Police shall report to the Governor and both houses of | ||
the General Assembly the following information: | ||
(1) the extent of the backlog of cases awaiting | ||
testing or awaiting DNA analysis by that Department, | ||
including but not limited to those tests conducted under | ||
Section 5-4-3, as of June 30 of the previous fiscal year, | ||
with the backlog being defined as all cases awaiting | ||
forensic testing whether in the physical custody of the | ||
State Police or in the physical custody of local law | ||
enforcement, provided that the State Police have written | ||
notice of any evidence in the physical custody of local | ||
law enforcement prior to June 1 of that year; and |
(2) what measures have been and are being taken to | ||
reduce that backlog and the estimated costs or | ||
expenditures in doing so. | ||
(b) The information reported under this Section shall be | ||
made available to the public, at the time it is reported, on | ||
the official web site of the Department of State Police.
| ||
(c) Beginning January 1, 2016, the Department of State | ||
Police shall quarterly report on the status of the processing | ||
of forensic biology and DNA evidence submitted to the | ||
Department of State Police Laboratory for analysis. The report | ||
shall be submitted to the Governor and the General Assembly, | ||
and shall be posted on the Department of State Police website. | ||
The report shall include the following for each State Police | ||
Laboratory location and any laboratory to which the Department | ||
of State Police has outsourced evidence for testing: | ||
(1) For forensic biology submissions, report both | ||
total case and sexual assault or abuse case (as defined by | ||
the Sexual Assault Evidence Submission Act) figures for: | ||
(A) The number of cases received in the preceding | ||
quarter. | ||
(B) The number of cases completed in the preceding | ||
quarter. | ||
(C) The number of cases waiting analysis. | ||
(D) The number of cases sent for outsourcing. | ||
(E) The number of cases waiting analysis that were | ||
received within the past 30 days. |
(F) The number of cases waiting analysis that were | ||
received 31 to 90 days prior. | ||
(G) The number of cases waiting analysis that were | ||
received 91 to 180 days prior. | ||
(H) The number of cases waiting analysis that were | ||
received 181 to 365 days prior. | ||
(I) The number of cases waiting analysis that were | ||
received more than 365 days prior. | ||
(J) The number of cases forwarded for DNA | ||
analyses. | ||
(2) For DNA submissions, report both total case and | ||
sexual assault or abuse case (as defined by the Sexual | ||
Assault Evidence Submission Act) figures for: | ||
(A) The number of cases received in the preceding | ||
quarter. | ||
(B) The number of cases completed in the preceding | ||
quarter. | ||
(C) The number of cases waiting analysis. | ||
(D) The number of cases sent for outsourcing. | ||
(E) The number of cases waiting analysis that were | ||
received within the past 30 days. | ||
(F) The number of cases waiting analysis that were | ||
received 31 to 90 days prior. | ||
(G) The number of cases waiting analysis that were | ||
received 91 to 180 days prior. | ||
(H) The number of cases waiting analysis that were |
received 181 to 365 days prior. | ||
(I) The number of cases waiting analysis that were | ||
received more than 365 days prior. | ||
(3) For all other categories of testing (e.g., drug | ||
chemistry, firearms/toolmark, footwear/tire track, latent | ||
prints, toxicology, and trace chemistry analysis): | ||
(A) The number of cases received in the preceding | ||
quarter. | ||
(B) The number of cases completed in the preceding | ||
quarter. | ||
(C) The number of cases waiting analysis. | ||
(D) The number of cases entered in the National | ||
Integrated Ballistic Information Network (NIBIN). | ||
(E) The number of investigative leads developed | ||
from National Integrated Ballistic Information Network | ||
(NIBIN) analysis. | ||
(4) For the Combined DNA Index System (CODIS), report | ||
both total case and sexual assault or abuse case (as | ||
defined by the Sexual Assault Evidence Submission Act) | ||
figures for subparagraphs (D), (E), and (F) of this | ||
paragraph (4): | ||
(A) The number of new offender samples received in | ||
the preceding quarter. | ||
(B) The number of offender samples uploaded to | ||
CODIS in the preceding quarter. | ||
(C) The number of offender samples awaiting |
analysis. | ||
(D) The number of unknown DNA case profiles | ||
uploaded to CODIS in the preceding quarter. | ||
(E) The number of CODIS hits in the preceding | ||
quarter. | ||
(F) The number of forensic evidence submissions | ||
submitted to confirm a previously reported CODIS hit. | ||
(5) For each category of testing, report the number of | ||
trained forensic scientists and the number of forensic | ||
scientists in training. | ||
As used in this subsection (c), "completed" means | ||
completion of both the analysis of the evidence and the | ||
provision of the results to the submitting law enforcement | ||
agency. | ||
(d) The provisions of this subsection (d), other than this | ||
sentence, are inoperative on and after January 1, 2019 or 2 | ||
years after the effective date of this amendatory Act of the | ||
99th General Assembly, whichever is later. In consultation | ||
with and subject to the approval of the Chief Procurement | ||
Officer, the Department of State Police may obtain contracts | ||
for services, commodities, and equipment to assist in the | ||
timely completion of forensic biology, DNA, drug chemistry, | ||
firearms/toolmark, footwear/tire track, latent prints, | ||
toxicology, microscopy, trace chemistry, and Combined DNA | ||
Index System (CODIS) analysis. Contracts to support the | ||
delivery of timely forensic science services are not subject |
to the provisions of the Illinois Procurement Code, except for | ||
Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of | ||
that Code, provided that the Chief Procurement Officer may, in | ||
writing with justification, waive any certification required | ||
under Article 50 of the Illinois Procurement Code. For any | ||
contracts for services which are currently provided by members | ||
of a collective bargaining agreement, the applicable terms of | ||
the collective bargaining agreement concerning subcontracting | ||
shall be followed. | ||
(Source: P.A. 99-352, eff. 1-1-16; 99-801, eff. 1-1-17 .) | ||
Section 90. Illinois State Police; adoption of rules. The | ||
Illinois State Police shall adopt rules to implement this Act. | ||
Section 95. No acceleration or delay. Where this Act makes | ||
changes in a statute that is represented in this Act by text | ||
that is not yet or no longer in effect (for example, a Section | ||
represented by multiple versions), the use of that text does | ||
not accelerate or delay the taking effect of (i) the changes | ||
made by this Act or (ii) provisions derived from any other | ||
Public Act. | ||
Section 99. Effective date. This Act takes effect on | ||
January 1, 2022, except that the amendatory changes to Section | ||
3 of the Firearm Owners Identification Card Act take effect | ||
January 1, 2024. |