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Public Act 102-0645


 

Public Act 0645 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0645
 
SB2249 EnrolledLRB102 17035 KMF 22461 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Firearm Owners Identification Card Act is
amended by changing Sections 8 and 10 as follows:
 
    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
    Sec. 8. Grounds for denial and revocation. The Department
of State Police has authority to deny an application for or to
revoke and seize a Firearm Owner's Identification Card
previously issued under this Act only if the Department finds
that the applicant or the person to whom such card was issued
is or was at the time of issuance:
        (a) A person under 21 years of age who has been
    convicted of a misdemeanor other than a traffic offense or
    adjudged delinquent;
        (b) This subsection (b) applies through the 180th day
    following the effective date of this amendatory Act of the
    101st General Assembly. A person under 21 years of age who
    does not have the written consent of his parent or
    guardian to acquire and possess firearms and firearm
    ammunition, or whose parent or guardian has revoked such
    written consent, or where such parent or guardian does not
    qualify to have a Firearm Owner's Identification Card;
        (b-5) This subsection (b-5) applies on and after the
    181st day following the effective date of this amendatory
    Act of the 101st General Assembly. A person under 21 years
    of age who is not an active duty member of the United
    States Armed Forces and does not have the written consent
    of his or her parent or guardian to acquire and possess
    firearms and firearm ammunition, or whose parent or
    guardian has revoked such written consent, or where such
    parent or guardian does not qualify to have a Firearm
    Owner's Identification Card;
        (c) A person convicted of a felony under the laws of
    this or any other jurisdiction;
        (d) A person addicted to narcotics;
        (e) A person who has been a patient of a mental health
    facility within the past 5 years or a person who has been a
    patient in a mental health facility more than 5 years ago
    who has not received the certification required under
    subsection (u) of this Section. An active law enforcement
    officer employed by a unit of government or a Department
    of Corrections employee authorized to possess firearms who
    is denied, revoked, or has his or her Firearm Owner's
    Identification Card seized under this subsection (e) may
    obtain relief as described in subsection (c-5) of Section
    10 of this Act if the officer or employee did not act in a
    manner threatening to the officer or employee, another
    person, or the public as determined by the treating
    clinical psychologist or physician, and the officer or
    employee seeks mental health treatment;
        (f) A person whose mental condition is of such a
    nature that it poses a clear and present danger to the
    applicant, any other person or persons or the community;
        (g) A person who has an intellectual disability;
        (h) A person who intentionally makes a false statement
    in the Firearm Owner's Identification Card application;
        (i) An alien who is unlawfully present in the United
    States under the laws of the United States;
        (i-5) 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))), except that this subsection
    (i-5) does not apply to any 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);
        (j) (Blank);
        (k) A person who has 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;
        (l) A person who has 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 or person who has been
    previously issued a Firearm Owner's Identification Card
    under this Act knowingly and intelligently waives the
    right to have an offense described in this paragraph (l)
    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 an application for and for revoking and
    seizing a Firearm Owner's Identification Card previously
    issued to the person under this Act;
        (m) (Blank);
        (n) A person who is prohibited from acquiring or
    possessing firearms or firearm ammunition by any Illinois
    State statute or by federal law;
        (o) 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;
        (p) 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;
        (q) A person who is not a resident of the State of
    Illinois, except as provided in subsection (a-10) of
    Section 4;
        (r) A person who has been adjudicated as a person with
    a mental disability;
        (s) A person who has been found to have a
    developmental disability;
        (t) A person involuntarily admitted into a mental
    health facility; or
        (u) A person who has had his or her Firearm Owner's
    Identification Card revoked or denied under subsection (e)
    of this Section or item (iv) of paragraph (2) of
    subsection (a) of Section 4 of this Act because he or she
    was a patient in a mental health facility as provided in
    subsection (e) of this Section, shall not be permitted to
    obtain a Firearm Owner's Identification Card, after the
    5-year period has lapsed, unless he or she has received a
    mental health evaluation by a physician, clinical
    psychologist, or qualified examiner as those terms are
    defined in the Mental Health and Developmental
    Disabilities Code, and has received a certification that
    he or she is not a clear and present danger to himself,
    herself, or others. The physician, clinical psychologist,
    or qualified examiner making the certification and his or
    her employer shall not be held criminally, civilly, or
    professionally liable for making or not making the
    certification required under this subsection, except for
    willful or wanton misconduct. This subsection does not
    apply to a person whose firearm possession rights have
    been restored through administrative or judicial action
    under Section 10 or 11 of this Act.
    Upon revocation of a person's Firearm Owner's
Identification Card, the Department of State Police shall
provide notice to the person and the person shall comply with
Section 9.5 of this Act.
(Source: P.A. 101-80, eff. 7-12-19.)
 
    (430 ILCS 65/10)  (from Ch. 38, par. 83-10)
    Sec. 10. 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 appeal to the
Director of State Police for a hearing upon such denial,
revocation or seizure, unless the denial, 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 upon such denial, revocation, or
seizure.
    (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
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 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 Director or court may grant such relief if it is
established by the applicant to the court's or 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 or a Department of Corrections employee
authorized to possess firearms , 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
Director of State Police requesting relief if the officer or
employee did not act in a manner threatening to the officer or
employee, 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 or employee 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 or employee has not left the mental
    institution against medical advice.
    (2) The Director of State Police shall grant expedited
relief to active law enforcement officers and employees
described in paragraph (1) of this subsection (c-5) upon a
determination by the Director that the officer's or employee's
possession of a firearm does not present a threat to
themselves, others, or public safety. The Director shall act
on the request for relief within 30 business days of receipt
of:
        (A) a notarized statement from the officer or employee
    in the form prescribed by the 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
    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 and employees 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 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 Director of State Police
requesting relief.
    (2) The Director shall act on the request for relief
within 60 business days of receipt of written certification,
in the form prescribed by the 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 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
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 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 this amendatory
Act of the 99th General Assembly apply to requests for relief
pending on or before the effective date of this amendatory
Act, except that the 60-day period for the Director to act on
requests pending before the effective date shall begin on the
effective date of this amendatory Act.
    (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 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 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 Department of State
Police requesting relief from that prohibition. The 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 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
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 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.)
 
    Section 10. The Unified Code of Corrections is amended by
adding Section 3-2-13 as follows:
 
    (730 ILCS 5/3-2-13 new)
    Sec. 3-2-13. Possession of a Firearm Owner's
Identification Card. The Department of Corrections shall not
make possession of a Firearm Owner's Identification Card a
condition of continued employment as a Department employee
authorized to possess firearms if the employee's Firearm
Owner's Identification Card is revoked or seized because the
employee has been a patient of a mental health facility and the
employee has not been determined to pose a clear and present
danger to himself, herself, or others as determined by a
physician, clinical psychologist, or qualified examiner.
Nothing is this Section shall otherwise impair the
Department's ability to determine an employee's fitness for
duty. A collective bargaining agreement already in effect on
this issue on the effective date of this amendatory Act of the
102nd General Assembly cannot be modified, but on or after the
effective date of this amendatory Act of the 102nd General
Assembly, the Department cannot require a Firearm Owner's
Identification Card as a condition of continued employment in
a collective bargaining agreement. The Department shall
document if and why an employee has been determined to pose a
clear and present danger. In this Section, "mental health
facility" and "qualified examiner" have the meanings provided
in the Mental Health and Developmental Disabilities Code.

Effective Date: 1/1/2022