HB0183 EnrolledLRB098 05760 MGM 35799 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Firearm Concealed Carry Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Applicant" means a person who is applying for a license to
8carry a concealed firearm under this Act.
9    "Board" means the Concealed Carry Licensing Review Board.
10    "Concealed firearm" means a loaded or unloaded handgun
11carried on or about a person completely or mostly concealed
12from view of the public or on or about a person within a
13vehicle.
14    "Department" means the Department of State Police.
15    "Director" means the Director of State Police.
16    "Handgun" means any device which is designed to expel a
17projectile or projectiles by the action of an explosion,
18expansion of gas, or escape of gas that is designed to be held
19and fired by the use of a single hand. "Handgun" does not
20include:
21        (1) a stun gun or taser;
22        (2) a machine gun as defined in item (i) of paragraph
23    (7) of subsection (a) of Section 24-1 of the Criminal Code

 

 

HB0183 Enrolled- 2 -LRB098 05760 MGM 35799 b

1    of 2012;
2        (3) a short-barreled rifle or shotgun as defined in
3    item (ii) of paragraph (7) of subsection (a) of Section
4    24-1 of the Criminal Code of 2012; or
5        (4) any pneumatic gun, spring gun, paint ball gun, or
6    B-B gun which expels a single globular projectile not
7    exceeding .18 inch in diameter, or which has a maximum
8    muzzle velocity of less than 700 feet per second, or which
9    expels breakable paint balls containing washable marking
10    colors.
11    "Law enforcement agency" means any federal, State, or local
12law enforcement agency, including offices of State's Attorneys
13and the Office of the Attorney General.
14    "License" means a license issued by the Department of State
15Police to carry a concealed handgun.
16    "Licensee" means a person issued a license to carry a
17concealed handgun.
18    "Municipality" has the meaning ascribed to it in Section 1
19of Article VII of the Illinois Constitution.
20    "Unit of local government" has the meaning ascribed to it
21in Section 1 of Article VII of the Illinois Constitution.
 
22    Section 10. Issuance of licenses to carry a concealed
23firearm.
24    (a) The Department shall issue a license to carry a
25concealed firearm under this Act to an applicant who:

 

 

HB0183 Enrolled- 3 -LRB098 05760 MGM 35799 b

1        (1) meets the qualifications of Section 25 of this Act;
2        (2) has provided the application and documentation
3    required in Section 30 of this Act;
4        (3) has submitted the requisite fees; and
5        (4) does not pose a danger to himself, herself, or
6    others, or a threat to public safety as determined by the
7    Concealed Carry Licensing Review Board in accordance with
8    Section 20.
9    (b) The Department shall issue a renewal, corrected, or
10duplicate license as provided in this Act.
11    (c) A license shall be valid throughout the State for a
12period of 5 years from the date of issuance. A license shall
13permit the licensee to:
14        (1) carry a loaded or unloaded concealed firearm, fully
15    concealed or partially concealed, on or about his or her
16    person; and
17        (2) keep or carry a loaded or unloaded concealed
18    firearm on or about his or her person within a vehicle.
19    (d) The Department shall make applications for a license
20available no later than 180 days after the effective date of
21this Act. The Department shall establish rules for the
22availability and submission of applications in accordance with
23this Act.
24    (e) An application for a license submitted to the
25Department that contains all the information and materials
26required by this Act, including the requisite fee, shall be

 

 

HB0183 Enrolled- 4 -LRB098 05760 MGM 35799 b

1deemed completed. Except as otherwise provided in this Act, no
2later than 90 days after receipt of a completed application,
3the Department shall issue or deny the applicant a license.
4    (f) The Department shall deny the applicant a license if
5the applicant fails to meet the requirements under this Act or
6the Department receives a determination from the Board that the
7applicant is ineligible for a license. The Department must
8notify the applicant stating the grounds for the denial. The
9notice of denial must inform the applicant of his or her right
10to an appeal through administrative and judicial review.
11    (g) A licensee shall possess a license at all times the
12licensee carries a concealed firearm except:
13        (1) when the licensee is carrying or possessing a
14    concealed firearm on his or her land or in his or her
15    abode, legal dwelling, or fixed place of business, or on
16    the land or in the legal dwelling of another person as an
17    invitee with that person's permission;
18        (2) when the person is authorized to carry a firearm
19    under Section 24-2 of the Criminal Code of 2012, except
20    subsection (a-5) of that Section; or
21        (3) when the handgun is broken down in a
22    non-functioning state, is not immediately accessible, or
23    is unloaded and enclosed in a case.
24    (h) If an officer of a law enforcement agency initiates an
25investigative stop, including but not limited to a traffic
26stop, of a licensee who is carrying a concealed firearm, upon

 

 

HB0183 Enrolled- 5 -LRB098 05760 MGM 35799 b

1the request of the officer the licensee shall disclose to the
2officer that he or she is in possession of a concealed firearm
3under this Act, present the license upon the request of the
4officer, and identify the location of the concealed firearm.
5    (i) The Department shall maintain a database of license
6applicants and licensees. The database shall be available to
7all federal, State, and local law enforcement agencies, State's
8Attorneys, the Attorney General, and authorized court
9personnel. Within 180 days after the effective date of this
10Act, the database shall be searchable and provide all
11information included in the application, including the
12applicant's previous addresses within the 10 years prior to the
13license application and any information related to violations
14of this Act. No law enforcement agency, State's Attorney,
15Attorney General, or member or staff of the judiciary shall
16provide any information to a requester who is not entitled to
17it by law.
18    (j) No later than 10 days after receipt of a completed
19application, the Department shall enter the relevant
20information about the applicant into the database under
21subsection (i) of this Section which is accessible by law
22enforcement agencies.
 
23    Section 15. Objections by law enforcement agencies.
24    (a) Any law enforcement agency may submit an objection to a
25license applicant based upon a reasonable suspicion that the

 

 

HB0183 Enrolled- 6 -LRB098 05760 MGM 35799 b

1applicant is a danger to himself or herself or others, or a
2threat to public safety. The objection shall be made by the
3chief law enforcement officer of the law enforcement agency, or
4his or her designee, and must include any information relevant
5to the objection. If a law enforcement agency submits an
6objection within 30 days after the entry of an applicant into
7the database, the Department shall submit the objection and all
8information related to the application to the Board within 10
9days of completing all necessary background checks.
10    (b) If an applicant has 5 or more arrests for any reason,
11that have been entered into the Criminal History Records
12Information (CHRI) System, within the 7 years preceding the
13date of application for a license, or has 3 or more arrests
14within the 7 years preceding the date of application for a
15license for any combination of gang-related offenses, the
16Department shall object and submit the applicant's arrest
17record, the application materials, and any additional
18information submitted by a law enforcement agency to the Board.
19For purposes of this subsection, "gang-related offense" is an
20offense described in Section 12-6.4, Section 24-1.8, Section
2125-5, Section 33-4, or Section 33G-4, or in paragraph (1) of
22subsection (a) of Section 12-6.2, paragraph (2) of subsection
23(b) of Section 16-30, paragraph (2) of subsection (b) of
24Section 31-4, or item (iii) of paragraph (1.5) of subsection
25(i) of Section 48-1 of the Criminal Code of 2012.
26    (c) The referral of an objection under this Section to the

 

 

HB0183 Enrolled- 7 -LRB098 05760 MGM 35799 b

1Board shall toll the 90-day period for the Department to issue
2or deny the applicant a license under subsection (e) of Section
310 of this Act, during the period of review and until the Board
4issues its decision.
5    (d) If no objection is made by a law enforcement agency or
6the Department under this Section, the Department shall process
7the application in accordance with this Act.
 
8    Section 20. Concealed Carry Licensing Review Board.
9    (a) There is hereby created a Concealed Carry Licensing
10Review Board to consider any objection to an applicant's
11eligibility to obtain a license under this Act submitted by a
12law enforcement agency or the Department under Section 15 of
13this Act. The Board shall consist of 7 commissioners to be
14appointed by the Governor, with the advice and consent of the
15Senate, with 3 commissioners residing within the First Judicial
16District and one commissioner residing within each of the 4
17remaining Judicial Districts. No more than 4 commissioners
18shall be members of the same political party. The Governor
19shall designate one commissioner as the Chairperson. The Board
20shall consist of:
21        (1) one commissioner with at least 5 years of service
22    as a federal judge;
23        (2) 2 commissioners with at least 5 years of experience
24    serving as an attorney with the United States Department of
25    Justice;

 

 

HB0183 Enrolled- 8 -LRB098 05760 MGM 35799 b

1        (3) 3 commissioners with at least 5 years of experience
2    as a federal agent or employee with investigative
3    experience or duties related to criminal justice under the
4    United States Department of Justice, Drug Enforcement
5    Administration, Department of Homeland Security, or
6    Federal Bureau of Investigation; and
7        (4) one member with at least 5 years of experience as a
8    licensed physician or clinical psychologist with expertise
9    in the diagnosis and treatment of mental illness.
10    (b) The initial terms of the commissioners shall end on
11January 12, 2015. Thereafter, the commissioners shall hold
12office for 4 years, with terms expiring on the second Monday in
13January of the fourth year. Commissioners may be reappointed.
14Vacancies in the office of commissioner shall be filled in the
15same manner as the original appointment, for the remainder of
16the unexpired term. The Governor may remove a commissioner for
17incompetence, neglect of duty, malfeasance, or inability to
18serve. Commissioners shall receive compensation in an amount
19equal to the compensation of members of the Executive Ethics
20Commission and may be reimbursed for reasonable expenses
21actually incurred in the performance of their Board duties,
22from funds appropriated for that purpose.
23    (c) The Board shall meet at the call of the chairperson as
24often as necessary to consider objections to applications for a
25license under this Act. If necessary to ensure the
26participation of a commissioner, the Board shall allow a

 

 

HB0183 Enrolled- 9 -LRB098 05760 MGM 35799 b

1commissioner to participate in a Board meeting by electronic
2communication. Any commissioner participating electronically
3shall be deemed present for purposes of establishing a quorum
4and voting.
5    (d) The Board shall adopt rules for the conduct of
6hearings. The Board shall maintain a record of its decisions
7and all materials considered in making its decisions. All Board
8decisions and voting records shall be kept confidential and all
9materials considered by the Board shall be exempt from
10inspection except upon order of a court.
11    (e) In considering an objection of a law enforcement agency
12or the Department, the Board shall review the materials
13received with the objection from the law enforcement agency or
14the Department. By a vote of at least 4 commissioners, the
15Board may request additional information from the law
16enforcement agency, Department, or the applicant, or the
17testimony of the law enforcement agency, Department, or the
18applicant. The Board may only consider information submitted by
19the Department, a law enforcement agency, or the applicant. The
20Board shall review each objection and determine by a majority
21of commissioners whether an applicant is eligible for a
22license.
23    (f) The Board shall issue a decision within 30 days of
24receipt of the objection from the Department. However, the
25Board need not issue a decision within 30 days if:
26        (1) the Board requests information from the applicant

 

 

HB0183 Enrolled- 10 -LRB098 05760 MGM 35799 b

1    in accordance with subsection (e) of this Section, in which
2    case the Board shall make a decision within 30 days of
3    receipt of the required information from the applicant;
4        (2) the applicant agrees, in writing, to allow the
5    Board additional time to consider an objection; or
6        (3) the Board notifies the applicant and the Department
7    that the Board needs an additional 30 days to issue a
8    decision.
9    (g) If the Board determines by a preponderance of the
10evidence that the applicant poses a danger to himself or
11herself or others, or is a threat to public safety, then the
12Board shall affirm the objection of the law enforcement agency
13or the Department and shall notify the Department that the
14applicant is ineligible for a license. If the Board does not
15determine by a preponderance of the evidence that the applicant
16poses a danger to himself or herself or others, or is a threat
17to public safety, then the Board shall notify the Department
18that the applicant is eligible for a license.
19    (h) Meetings of the Board shall not be subject to the Open
20Meetings Act and records of the Board shall not be subject to
21the Freedom of Information Act.
22    (i) The Board shall report monthly to the Governor and the
23General Assembly on the number of objections received and
24provide details of the circumstances in which the Board has
25determined to deny licensure based on law enforcement or
26Department objections under Section 15 of this Act. The report

 

 

HB0183 Enrolled- 11 -LRB098 05760 MGM 35799 b

1shall not contain any identifying information about the
2applicants.
 
3    Section 25. Qualifications for a license.
4    The Department shall issue a license to an applicant
5completing an application in accordance with Section 30 of this
6Act if the person:
7        (1) is at least 21 years of age;
8        (2) has a currently valid Firearm Owner's
9    Identification Card and at the time of application meets
10    the requirements for the issuance of a Firearm Owner's
11    Identification Card and is not prohibited under the Firearm
12    Owners Identification Card Act or federal law from
13    possessing or receiving a firearm;
14        (3) has not been convicted or found guilty in this
15    State or in any other state of:
16            (A) a misdemeanor involving the use or threat of
17        physical force or violence to any person within the 5
18        years preceding the date of the license application; or
19            (B) 2 or more violations related to driving while
20        under the influence of alcohol, other drug or drugs,
21        intoxicating compound or compounds, or any combination
22        thereof, within the 5 years preceding the date of the
23        license application; and
24        (4) is not the subject of a pending arrest warrant,
25    prosecution, or proceeding for an offense or action that

 

 

HB0183 Enrolled- 12 -LRB098 05760 MGM 35799 b

1    could lead to disqualification to own or possess a firearm;
2        (5) has not been in residential or court-ordered
3    treatment for alcoholism, alcohol detoxification, or drug
4    treatment within the 5 years immediately preceding the date
5    of the license application; and
6        (6) has completed firearms training and any education
7    component required under Section 75 of this Act.
 
8    Section 30. Contents of license application.
9    (a) The license application shall be in writing, under
10penalty of perjury, on a standard form adopted by the
11Department and shall be accompanied by the documentation
12required in this Section and the applicable fee. Each
13application form shall include the following statement printed
14in bold type: "Warning: Entering false information on this form
15is punishable as perjury under Section 32-2 of the Criminal
16Code of 2012."
17    (b) The application shall contain the following:
18        (1) the applicant's name, current address, date and
19    year of birth, place of birth, height, weight, hair color,
20    eye color, maiden name or any other name the applicant has
21    used or identified with, and any address where the
22    applicant resided for more than 30 days within the 10 years
23    preceding the date of the license application;
24        (2) the applicant's valid driver's license number or
25    valid state identification card number;

 

 

HB0183 Enrolled- 13 -LRB098 05760 MGM 35799 b

1        (3) a waiver of the applicant's privacy and
2    confidentiality rights and privileges under all federal
3    and state laws, including those limiting access to juvenile
4    court, criminal justice, psychological, or psychiatric
5    records or records relating to any institutionalization of
6    the applicant, and an affirmative request that a person
7    having custody of any of these records provide it or
8    information concerning it to the Department;
9        (4) an affirmation that the applicant possesses a
10    currently valid Firearm Owner's Identification Card and
11    card number if possessed or notice the applicant is
12    applying for a Firearm Owner's Identification Card in
13    conjunction with the license application;
14        (5) an affirmation that the applicant has not been
15    convicted or found guilty of:
16            (A) a felony;
17            (B) a misdemeanor involving the use or threat of
18        physical force or violence to any person within the 5
19        years preceding the date of the application; or
20            (C) 2 or more violations related to driving while
21        under the influence of alcohol, other drug or drugs,
22        intoxicating compound or compounds, or any combination
23        thereof, within the 5 years preceding the date of the
24        license application; and
25        (6) whether the applicant has failed a drug test for a
26    drug for which the applicant did not have a prescription,

 

 

HB0183 Enrolled- 14 -LRB098 05760 MGM 35799 b

1    within the previous year, and if so, the provider of the
2    test, the specific substance involved, and the date of the
3    test;
4        (7) written consent for the Department to review and
5    use the applicant's Illinois digital driver's license or
6    Illinois identification card photograph and signature;
7        (8) a full set of fingerprints submitted to the
8    Department in electronic format, provided the Department
9    may accept an application submitted without a set of
10    fingerprints in which case the Department shall be granted
11    30 days in addition to the 90 days provided under
12    subsection (e) of Section 10 of this Act to issue or deny a
13    license;
14        (9) a head and shoulder color photograph in a size
15    specified by the Department taken within the 30 days
16    preceding the date of the license application; and
17        (10) a photocopy of any certificates or other evidence
18    of compliance with the training requirements under this
19    Act.
 
20    Section 35. Investigation of the applicant.
21    The Department shall conduct a background check of the
22applicant to ensure compliance with the requirements of this
23Act and all federal, State, and local laws. The background
24check shall include a search of the following:
25        (1) the National Instant Criminal Background Check

 

 

HB0183 Enrolled- 15 -LRB098 05760 MGM 35799 b

1    System of the Federal Bureau of Investigation;
2        (2) all available state and local criminal history
3    record information files, including records of juvenile
4    adjudications;
5        (3) all available federal, state, and local records
6    regarding wanted persons;
7        (4) all available federal, state, and local records of
8    domestic violence restraining and protective orders;
9        (5) the files of the Department of Human Services
10    relating to mental health and developmental disabilities;
11    and
12        (6) all other available records of a federal, state, or
13    local agency or other public entity in any jurisdiction
14    likely to contain information relevant to whether the
15    applicant is prohibited from purchasing, possessing, or
16    carrying a firearm under federal, state, or local law.
17        (7) Fingerprints collected under Section 30 shall be
18    checked against the Department of State Police and Federal
19    Bureau of Investigation criminal history record databases
20    now and hereafter filed. The Department shall charge
21    applicants a fee for conducting the criminal history
22    records check, which shall be deposited in the State Police
23    Services Fund and shall not exceed the actual cost of the
24    records check.
 
25    Section 40. Non-resident license applications.

 

 

HB0183 Enrolled- 16 -LRB098 05760 MGM 35799 b

1    (a) For the purposes of this Section, "non-resident" means
2a person who has not resided within this State for more than 30
3days and resides in another state or territory.
4    (b) The Department shall by rule allow for non-resident
5license applications from any state or territory of the United
6States with laws related to firearm ownership, possession, and
7carrying, that are substantially similar to the requirements to
8obtain a license under this Act.
9    (c) A resident of a state or territory approved by the
10Department under subsection (b) of this Section may apply for a
11non-resident license. The applicant shall apply to the
12Department and must meet all of the qualifications established
13in Section 25 of this Act, except for the Illinois residency
14requirement in item (xiv) of paragraph (2) of subsection (a) of
15Section 4 of the Firearm Owners Identification Card Act. The
16applicant shall submit:
17        (1) the application and documentation required under
18    Section 30 of this Act and the applicable fee;
19        (2) a notarized document stating that the applicant:
20            (A) is eligible under federal law and the laws of
21        his or her state or territory of residence to own or
22        possess a firearm;
23            (B) if applicable, has a license or permit to carry
24        a firearm or concealed firearm issued by his or her
25        state or territory of residence and attach a copy of
26        the license or permit to the application;

 

 

HB0183 Enrolled- 17 -LRB098 05760 MGM 35799 b

1            (C) understands Illinois laws pertaining to the
2        possession and transport of firearms, and
3            (D) acknowledges that the applicant is subject to
4        the jurisdiction of the Department and Illinois courts
5        for any violation of this Act; and
6        (3) a photocopy of any certificates or other evidence
7    of compliance with the training requirements under Section
8    75 of this Act; and
9        (4) a head and shoulder color photograph in a size
10    specified by the Department taken within the 30 days
11    preceding the date of the application.
12    (d) In lieu of an Illinois driver's license or Illinois
13identification card, a non-resident applicant shall provide
14similar documentation from his or her state or territory of
15residence. In lieu of a valid Firearm Owner's Identification
16Card, the applicant shall submit documentation and information
17required by the Department to obtain a Firearm Owner's
18Identification Card, including an affidavit that the
19non-resident meets the mental health standards to obtain a
20firearm under Illinois law, and the Department shall ensure
21that the applicant would meet the eligibility criteria to
22obtain a Firearm Owner's Identification card if he or she was a
23resident of this State.
24    (e) Nothing in this Act shall prohibit a non-resident from
25transporting a concealed firearm within his or her vehicle in
26Illinois, if the concealed firearm remains within his or her

 

 

HB0183 Enrolled- 18 -LRB098 05760 MGM 35799 b

1vehicle and the non-resident:
2        (1) is not prohibited from owning or possessing a
3    firearm under federal law;
4        (2) is eligible to carry a firearm in public under the
5    laws of his or her state or territory of residence; and
6        (3) is not in possession of a license under this Act.
7    If the non-resident leaves his or her vehicle unattended,
8he or she shall store the firearm within a locked vehicle or
9locked container within the vehicle in accordance with
10subsection (b) of Section 65 of this Act.
 
11    Section 45. Civil immunity; Board, employees, and agents.
12The Board, Department, local law enforcement agency, or the
13employees and agents of the Board, Department, or local law
14enforcement agency participating in the licensing process
15under this Act shall not be held liable for damages in any
16civil action arising from alleged wrongful or improper
17granting, denying, renewing, revoking, suspending, or failing
18to grant, deny, renew, revoke, or suspend a license under this
19Act, except for willful or wanton misconduct.
 
20    Section 50. License renewal.
21    Applications for renewal of a license shall be made to the
22Department. A license shall be renewed for a period of 5 years
23upon receipt of a completed renewal application, completion of
243 hours of training required under Section 75 of this Section,

 

 

HB0183 Enrolled- 19 -LRB098 05760 MGM 35799 b

1payment of the applicable renewal fee, and completion of an
2investigation under Section 35 of this Act. The renewal
3application shall contain the information required in Section
430 of this Act, except that the applicant need not resubmit a
5full set of fingerprints.
 
6    Section 55. Change of address or name; lost, destroyed, or
7stolen licenses.
8    (a) A licensee shall notify the Department within 30 days
9of moving or changing residence or any change of name. The
10licensee shall submit:
11        (1) a notarized statement that the licensee has changed
12    his or her residence or his or her name, including the
13    prior and current address or name and the date the
14    applicant moved or changed his or her name; and
15        (2) the requisite fee.
16    (b) A licensee shall notify the Department within 10 days
17of discovering that a license has been lost, destroyed, or
18stolen. A lost, destroyed, or stolen license is invalid. To
19request a replacement license, the licensee shall submit:
20        (1) a notarized statement that the licensee no longer
21    possesses the license, and that it was lost, destroyed, or
22    stolen;
23        (2) if applicable, a copy of a police report stating
24    that the license was stolen; and
25        (3) the requisite fee.

 

 

HB0183 Enrolled- 20 -LRB098 05760 MGM 35799 b

1    (c) A violation of this Section is a petty offense with a
2fine of $150 which shall be deposited into the Mental Health
3Reporting Fund.
 
4    Section 60. Fees.
5    (a) All fees collected under this Act shall be deposited as
6provided in this Section. Application, renewal, and
7replacement fees shall be non-refundable.
8    (b) An applicant for a new license or a renewal shall
9submit $150 with the application, of which $120 shall be
10apportioned to the State Police Firearm Services Fund, $20
11shall be apportioned to the Mental Health Reporting Fund, and
12$10 shall be apportioned to the State Crime Laboratory Fund.
13    (c) A non-resident applicant for a new license or renewal
14shall submit $300 with the application, of which $250 shall be
15apportioned to the State Police Firearm Services Fund, $40
16shall be apportioned to the Mental Health Reporting Fund, and
17$10 shall be apportioned to the State Crime Laboratory Fund.
18    (d) A licensee requesting a new license in accordance with
19Section 55 shall submit $75, of which $60 shall be apportioned
20to the State Police Firearm Services Fund, $5 shall be
21apportioned to the Mental Health Reporting Fund, and $10 shall
22be apportioned to the State Crime Laboratory Fund.
 
23    Section 65. Prohibited areas.
24    (a) A licensee under this Act shall not knowingly carry a

 

 

HB0183 Enrolled- 21 -LRB098 05760 MGM 35799 b

1firearm on or into:
2        (1) Any building, real property, and parking area under
3    the control of a public or private elementary or secondary
4    school.
5        (2) Any building, real property, and parking area under
6    the control of a pre-school or child care facility,
7    including any room or portion of a building under the
8    control of a pre-school or child care facility. Nothing in
9    this paragraph shall prevent the operator of a child care
10    facility in a family home from owning or possessing a
11    firearm in the home or license under this Act, if no child
12    under child care at the home is present in the home or the
13    firearm in the home is stored in a locked container when a
14    child under child care at the home is present in the home.
15        (3) Any building, parking area, or portion of a
16    building under the control of an officer of the executive
17    or legislative branch of government, provided that nothing
18    in this paragraph shall prohibit a licensee from carrying a
19    concealed firearm onto the real property, bikeway, or trail
20    in a park regulated by the Department of Natural Resources
21    or any other designated public hunting area or building
22    where firearm possession is permitted as established by the
23    Department of Natural Resources under Section 1.8 of the
24    Wildlife Code.
25        (4) Any building designated for matters before a
26    circuit court, appellate court, or the Supreme Court, or

 

 

HB0183 Enrolled- 22 -LRB098 05760 MGM 35799 b

1    any building or portion of a building under the control of
2    the Supreme Court.
3        (5) Any building or portion of a building under the
4    control of a unit of local government.
5        (6) Any building, real property, and parking area under
6    the control of an adult or juvenile detention or
7    correctional institution, prison, or jail.
8        (7) Any building, real property, and parking area under
9    the control of a public or private hospital or hospital
10    affiliate, mental health facility, or nursing home.
11        (8) Any bus, train, or form of transportation paid for
12    in whole or in part with public funds, and any building,
13    real property, and parking area under the control of a
14    public transportation facility paid for in whole or in part
15    with public funds.
16        (9) Any building, real property, and parking area under
17    the control of an establishment that serves alcohol on its
18    premises, if more than 50% of the establishment's gross
19    receipts within the prior 3 months is from the sale of
20    alcohol. The owner of an establishment who knowingly fails
21    to prohibit concealed firearms on its premises as provided
22    in this paragraph or who knowingly makes a false statement
23    or record to avoid the prohibition on concealed firearms
24    under this paragraph is subject to the penalty under
25    subsection (c-5) of Section 10-1 of the Liquor Control Act
26    of 1934.

 

 

HB0183 Enrolled- 23 -LRB098 05760 MGM 35799 b

1        (10) Any public gathering or special event conducted on
2    property open to the public that requires the issuance of a
3    permit from the unit of local government, provided this
4    prohibition shall not apply to a licensee who must walk
5    through a public gathering in order to access his or her
6    residence, place of business, or vehicle.
7        (11) Any building or real property that has been issued
8    a Special Event Retailer's license as defined in Section
9    1-3.17.1 of the Liquor Control Act during the time
10    designated for the sale of alcohol by the Special Event
11    Retailer's license, or a Special use permit license as
12    defined in subsection (q) of Section 5-1 of the Liquor
13    Control Act during the time designated for the sale of
14    alcohol by the Special use permit license.
15        (12) Any public playground.
16        (13) Any public park, athletic area, or athletic
17    facility under the control of a municipality or park
18    district, provided nothing in this Section shall prohibit a
19    licensee from carrying a concealed firearm while on a trail
20    or bikeway if only a portion of the trail or bikeway
21    includes a public park.
22        (14) Any real property under the control of the Cook
23    County Forest Preserve District.
24        (15) Any building, classroom, laboratory, medical
25    clinic, hospital, artistic venue, athletic venue,
26    entertainment venue, officially recognized

 

 

HB0183 Enrolled- 24 -LRB098 05760 MGM 35799 b

1    university-related organization property, whether owned or
2    leased, and any real property, including parking areas,
3    sidewalks, and common areas under the control of a public
4    or private community college, college, or university.
5        (16) Any building, real property, or parking area under
6    the control of a gaming facility licensed under the
7    Riverboat Gambling Act or the Illinois Horse Racing Act of
8    1975, including an inter-track wagering location licensee.
9        (17) Any stadium, arena, or the real property or
10    parking area under the control of a stadium, arena, or any
11    collegiate or professional sporting event.
12        (18) Any building, real property, or parking area under
13    the control of a public library.
14        (19) Any building, real property, or parking area under
15    the control of an airport.
16        (20) Any building, real property, or parking area under
17    the control of an amusement park.
18        (21) Any building, real property, or parking area under
19    the control of a zoo or museum.
20        (22) Any street, driveway, parking area, property,
21    building, or facility, owned, leased, controlled, or used
22    by a nuclear energy, storage, weapons, or development site
23    or facility regulated by the federal Nuclear Regulatory
24    Commission. The licensee shall not under any circumstance
25    store a firearm or ammunition in his or her vehicle or in a
26    compartment or container within a vehicle located anywhere

 

 

HB0183 Enrolled- 25 -LRB098 05760 MGM 35799 b

1    in or on the street, driveway, parking area, property,
2    building, or facility described in this paragraph.
3        (23) Any area where firearms are prohibited under
4    federal law.
5    (a-5) Nothing in this Act shall prohibit a public or
6private community college, college, or university from:
7        (1) prohibiting persons from carrying a firearm within
8    a vehicle owned, leased, or controlled by the college or
9    university;
10        (2) developing resolutions, regulations, or policies
11    regarding student, employee, or visitor misconduct and
12    discipline, including suspension and expulsion;
13        (3) developing resolutions, regulations, or policies
14    regarding the storage or maintenance of firearms, which
15    must include designated areas where persons can park
16    vehicles that carry firearms; and
17        (4) permitting the carrying or use of firearms for the
18    purpose of instruction and curriculum of officially
19    recognized programs, including but not limited to military
20    science and law enforcement training programs, or in any
21    designated area used for hunting purposes or target
22    shooting.
23    (a-10) The owner of private real property of any type may
24prohibit the carrying of concealed firearms on the property
25under his or her control. The owner must post a sign in
26accordance with subsection (d) of this Section indicating that

 

 

HB0183 Enrolled- 26 -LRB098 05760 MGM 35799 b

1firearms are prohibited on the property, unless the property is
2a private residence.
3    (b) Notwithstanding subsections (a), (a-5), and (a-10) of
4this Section except under paragraph (22) or (23) of subsection
5(a), any licensee prohibited from carrying a concealed firearm
6into the parking area of a prohibited location specified in
7subsection (a), (a-5), or (a-10) of this Section shall be
8permitted to carry a concealed firearm on or about his or her
9person within a vehicle into the parking area and may store a
10firearm or ammunition concealed in a case within a locked
11vehicle or locked container out of plain view within the
12vehicle in the parking area. A licensee may carry a concealed
13firearm in the immediate area surrounding his or her vehicle
14within a prohibited parking lot area only for the limited
15purpose of storing or retrieving a firearm within the vehicle's
16trunk, provided the licensee ensures the concealed firearm is
17unloaded prior to exiting the vehicle. For purposes of this
18subsection, "case" includes a glove compartment or console that
19completely encloses the concealed firearm or ammunition, the
20trunk of the vehicle, or a firearm carrying box, shipping box,
21or other container.
22    (c) A licensee shall not be in violation of this Section
23while he or she is traveling along a public right of way that
24touches or crosses any of the premises under subsection (a),
25(a-5), or (a-10) of this Section if the concealed firearm is
26carried on his or her person in accordance with the provisions

 

 

HB0183 Enrolled- 27 -LRB098 05760 MGM 35799 b

1of this Act or is being transported in a vehicle by the
2licensee in accordance with all other applicable provisions of
3law.
4    (d) Signs stating that the carrying of firearms is
5prohibited shall be clearly and conspicuously posted at the
6entrance of a building, premises, or real property specified in
7this Section as a prohibited area, unless the building or
8premises is a private residence. Signs shall be of a uniform
9design as established by the Department and shall be 4 inches
10by 6 inches in size. The Department shall adopt rules for
11standardized signs to be used under this subsection.
 
12    Section 70. Violations.
13    (a) A license issued or renewed under this Act shall be
14revoked if, at any time, the licensee is found to be ineligible
15for a license under this Act or the licensee no longer meets
16the eligibility requirements of the Firearm Owners
17Identification Card Act.
18    (b) A license shall be suspended if an order of protection,
19including an emergency order of protection, plenary order of
20protection, or interim order of protection under Article 112A
21of the Code of Criminal Procedure of 1963 or under the Illinois
22Domestic Violence Act of 1986, is issued against a licensee for
23the duration of the order, or if the Department is made aware
24of a similar order issued against the licensee in any other
25jurisdiction. If an order of protection is issued against a

 

 

HB0183 Enrolled- 28 -LRB098 05760 MGM 35799 b

1licensee, the licensee shall surrender the license, as
2applicable, to the court at the time the order is entered or to
3the law enforcement agency or entity serving process at the
4time the licensee is served the order. The court, law
5enforcement agency, or entity responsible for serving the order
6of protection shall notify the Department within 7 days and
7transmit the license to the Department.
8    (c) A license is invalid upon expiration of the license,
9unless the licensee has submitted an application to renew the
10license, and the applicant is otherwise eligible to possess a
11license under this Act.
12    (d) A licensee shall not carry a concealed firearm while
13under the influence of alcohol, other drug or drugs,
14intoxicating compound or combination of compounds, or any
15combination thereof, under the standards set forth in
16subsection (a) of Section 11-501 of the Illinois Vehicle Code.
17    A licensee in violation of this subsection (d) shall be
18guilty of a Class A misdemeanor for a first or second violation
19and a Class 4 felony for a third violation. The Department may
20suspend a license for up to 6 months for a second violation and
21shall permanently revoke a license for a third violation.
22    (e) Except as otherwise provided, a licensee in violation
23of this Act shall be guilty of a Class B misdemeanor. A second
24or subsequent violation is a Class A misdemeanor. The
25Department may suspend a license for up to 6 months for a
26second violation and shall permanently revoke a license for 3

 

 

HB0183 Enrolled- 29 -LRB098 05760 MGM 35799 b

1or more violations of Section 65 of this Act. Any person
2convicted of a violation under this Section shall pay a $150
3fee to be deposited into the Mental Health Reporting Fund, plus
4any applicable court costs or fees.
5    (f) A licensee convicted or found guilty of a violation of
6this Act who has a valid license and is otherwise eligible to
7carry a concealed firearm shall only be subject to the
8penalties under this Section and shall not be subject to the
9penalties under Section 21-6, paragraph (4), (8), or (10) of
10subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
11of paragraph (3) of subsection (a) of Section 24-1.6 of the
12Criminal Code of 2012. Except as otherwise provided in this
13subsection, nothing in this subsection prohibits the licensee
14from being subjected to penalties for violations other than
15those specified in this Act.
16    (g) A licensee whose license is revoked, suspended, or
17denied shall, within 48 hours of receiving notice of the
18revocation, suspension, or denial surrender his or her
19concealed carry license to the local law enforcement agency
20where the person resides. The local law enforcement agency
21shall provide the licensee a receipt and transmit the concealed
22carry license to the Department of State Police. If the
23licensee whose concealed carry license has been revoked,
24suspended, or denied fails to comply with the requirements of
25this subsection, the law enforcement agency where the person
26resides may petition the circuit court to issue a warrant to

 

 

HB0183 Enrolled- 30 -LRB098 05760 MGM 35799 b

1search for and seize the concealed carry license in the
2possession and under the custody or control of the licensee
3whose concealed carry license has been revoked, suspended, or
4denied. The observation of a concealed carry license in the
5possession of a person whose license has been revoked,
6suspended, or denied constitutes a sufficient basis for the
7arrest of that person for violation of this subsection. A
8violation of this subsection is a Class A misdemeanor.
9    (h) A license issued or renewed under this Act shall be
10revoked if, at any time, the licensee is found ineligible for a
11Firearm Owner's Identification Card, or the licensee no longer
12possesses a valid Firearm Owner's Identification Card. A
13licensee whose license is revoked under this subsection (h)
14shall surrender his or her concealed carry license as provided
15for in subsection (g) of this Section.
16    This subsection shall not apply to a person who has filed
17an application with the State Police for renewal of a Firearm
18Owner's Identification Card and who is not otherwise ineligible
19to obtain a Firearm Owner's Identification Card.
 
20    Section 75. Applicant firearm training.
21    (a) Within 60 days of the effective date of this Act, the
22Department shall begin approval of firearm training courses and
23shall make a list of approved courses available on the
24Department's website.
25    (b) An applicant for a new license shall provide proof of

 

 

HB0183 Enrolled- 31 -LRB098 05760 MGM 35799 b

1completion of a firearms training course or combination of
2courses approved by the Department of at least 16 hours, which
3includes range qualification time under subsection (c) of this
4Section, that covers the following:
5        (1) firearm safety;
6        (2) the basic principles of marksmanship;
7        (3) care, cleaning, loading, and unloading of a
8    concealable firearm;
9        (4) all applicable State and federal laws relating to
10    the ownership, storage, carry, and transportation of a
11    firearm; and
12        (5) instruction on the appropriate and lawful
13    interaction with law enforcement while transporting or
14    carrying a concealed firearm.
15    (c) An applicant for a new license shall provide proof of
16certification by a certified instructor that the applicant
17passed a live fire exercise with a concealable firearm
18consisting of:
19        (1) a minimum of 30 rounds; and
20        (2) 10 rounds from a distance of 5 yards; 10 rounds
21    from a distance of 7 yards; and 10 rounds from a distance
22    of 10 yards at a B-27 silhouette target approved by the
23    Department.
24    (d) An applicant for renewal of a license shall provide
25proof of completion of a firearms training course or
26combination of courses approved by the Department of at least 3

 

 

HB0183 Enrolled- 32 -LRB098 05760 MGM 35799 b

1hours.
2    (e) A certificate of completion for an applicant's firearm
3training course shall not be issued to a student who:
4        (1) does not follow the orders of the certified
5    firearms instructor;
6        (2) in the judgment of the certified instructor,
7    handles a firearm in a manner that poses a danger to the
8    student or to others; or
9        (3) during the range firing portion of testing fails to
10    hit the target with 70% of the rounds fired.
11    (f) An instructor shall maintain a record of each student's
12performance for at least 5 years, and shall make all records
13available upon demand of authorized personnel of the
14Department.
15    (g) The Department and certified firearms instructor shall
16recognize up to 8 hours of training already completed toward
17the 16 hour training requirement under this Section if the
18training course is approved by the Department and recognized
19under the laws of another state. Any remaining hours that the
20applicant completes must at least cover the classroom subject
21matter of paragraph (4) of subsection (b) of this Section, and
22the range qualification in subsection (c) of this Section.
23    (h) A person who has qualified to carry a firearm as an
24active law enforcement officer, a person certified as a
25firearms instructor by this Act or by the Illinois Law
26Enforcement Training Standards Board, or a person who has

 

 

HB0183 Enrolled- 33 -LRB098 05760 MGM 35799 b

1completed the required training and has been issued a firearm
2control card by the Department of Financial and Professional
3Regulation shall be exempt from the requirements of this
4Section.
5    (i) The Department shall accept 8 hours of training as
6completed toward the 16 hour training requirement under this
7Section, if the applicant is an active, retired, or honorably
8discharged member of the United States Armed Forces.
 
9    Section 80. Firearms instructor training.
10    (a) Within 60 days of the effective date of this Act, the
11Department shall begin approval of certified firearms
12instructors and enter certified firearms instructors into an
13online registry on the Department's website.
14    (b) A person who is not a certified firearms instructor
15shall not teach applicant training courses or advertise or
16otherwise represent courses they teach as qualifying their
17students to meet the requirements to receive a license under
18this Act. Each violation of this subsection is a business
19offense with a fine of at least $1,000 per violation.
20    (c) A person seeking to become a certified firearms
21instructor shall:
22        (1) be at least 21 years of age;
23        (2) be a legal resident of the United States; and
24        (3) meet the requirements of Section 25 of this Act,
25    and any additional uniformly applied requirements

 

 

HB0183 Enrolled- 34 -LRB098 05760 MGM 35799 b

1    established by the Department.
2    (d) A person seeking to become a certified firearms
3instructor trainer, in addition to the requirements of
4subsection (c) of this Section, shall:
5        (1) possess a high school diploma or GED certificate;
6    and
7        (2) have at least one of the following valid firearms
8    instructor certifications:
9            (A) certification from a law enforcement agency;
10            (B) certification from a firearm instructor course
11        offered by a State or federal governmental agency;
12            (C) certification from a firearm instructor
13        qualification course offered by the Illinois Law
14        Enforcement Training Standards Board; or
15            (D) certification from an entity approved by the
16        Department that offers firearm instructor education
17        and training in the use and safety of firearms.
18    (e) A person may have his or her firearms instructor
19certification denied or revoked if he or she does not meet the
20requirements to obtain a license under this Act, provides false
21or misleading information to the Department, or has had a prior
22instructor certification revoked or denied by the Department.
 
23    Section 85. Background Checks for Sales.
24     A license to carry a concealed firearm issued by this
25State shall not exempt the licensee from the requirements of a

 

 

HB0183 Enrolled- 35 -LRB098 05760 MGM 35799 b

1background check, including a check of the National Instant
2Criminal Background Check System, upon purchase or transfer of
3a firearm.
 
4    Section 87. Administrative and judicial review.
5    (a) Whenever an application for a concealed carry license
6is denied, whenever the Department fails to act on an
7application within 90 days of its receipt, or whenever a
8license is revoked or suspended as provided in this Act, the
9aggrieved party may appeal to the Director for a hearing upon
10the denial, revocation, suspension, or failure to act on the
11application, unless the denial was made by the Concealed Carry
12Licensing Review Board, in which case the aggrieved party may
13petition the circuit court in writing in the county of his or
14her residence for a hearing upon the denial.
15    (b) All final administrative decisions of the Department or
16the Concealed Carry Licensing Review Board under this Act shall
17be subject to judicial review under the provisions of the
18Administrative Review Law. The term "administrative decision"
19is defined as in Section 3-101 of the Code of Civil Procedure.
 
20    Section 90. Preemption.
21    The regulation, licensing, possession, registration, and
22transportation of handguns and ammunition for handguns by
23licensees are exclusive powers and functions of the State. Any
24ordinance or regulation, or portion thereof, enacted on or

 

 

HB0183 Enrolled- 36 -LRB098 05760 MGM 35799 b

1before the effective date of this Act that purports to impose
2regulations or restrictions on licensees or handguns and
3ammunition for handguns in a manner inconsistent with this Act
4shall be invalid in its application to licensees under this Act
5on the effective date of this Act. This Section is a denial and
6limitation of home rule powers and functions under subsection
7(h) of Section 6 of Article VII of the Illinois Constitution.
 
8    Section 92. Consolidation of concealed carry license and
9Firearm Owner's Identification Card.
10    (a) The Director shall create a task force to develop a
11plan to incorporate and consolidate the concealed carry license
12under this Act and the Firearm Owner's Identification Card
13under the Firearm Owners Identification Card Act into a
14designation on the Illinois driver's license or Illinois
15identification card of a person with authority to possess a
16firearm under the Firearm Owners Identification Card Act, or
17authority to possess a firearm under the Firearm Owners
18Identification Card Act and authority to carry a concealed
19firearm under this Act. The plan must provide for an
20alternative card for:
21        (1) a non-resident or a resident without an Illinois
22    driver's license or Illinois identification card, who has
23    been granted authority under this Act to carry a concealed
24    firearm in this State; and
25        (2) a resident without an Illinois driver's license or

 

 

HB0183 Enrolled- 37 -LRB098 05760 MGM 35799 b

1    Illinois identification card, who has been granted
2    authority to possess a firearm under the Firearm Owners
3    Identification Card Act.
4    The plan shall include statutory changes necessary to
5implement it.
6    (b) The task force shall consist of the following members:
7        (1) one member appointed by the Speaker of the House of
8    Representatives;
9        (2) one member appointed by the House of
10    Representatives Minority Leader;
11        (3) one member appointed by the President of the
12    Senate;
13        (4) one member appointed by the Senate Minority Leader;
14        (5) one member appointed by the Secretary of State;
15        (6) one member appointed by the Director of State
16    Police;
17        (7) one member appointed by the Secretary of State
18    representing the National Rifle Association;
19        (8) one member appointed by the Governor from the
20    Department of Natural Resources; and
21        (9) one member appointed by the Governor representing
22    the Chicago Police Department.
23    The task force shall elect a chairperson from its
24membership. Members shall serve without compensation.
25    (c) The task force shall file the plan supported by a
26majority of its members with the General Assembly and the

 

 

HB0183 Enrolled- 38 -LRB098 05760 MGM 35799 b

1Secretary of State on or before March 1, 2014.
2    (d) This Section is repealed on March 2, 2014.
 
3    Section 95. Procurement; rulemaking.
4    (a) The Department of State Police, in consultation with
5and subject to the approval of the Chief Procurement Officer,
6may procure a single contract or multiple contracts to
7implement the provisions of this Act. A contract or contracts
8under this paragraph are not subject to the provisions of the
9Illinois Procurement Code, except for Sections 20-60, 20-65,
1020-70, and 20-160 and Article 50 of that Code, provided that
11the Chief Procurement Officer may, in writing with
12justification, waive any certification required under Article
1350. This exemption shall be repealed one year from the
14effective date of this Act.
15    (b) The Department shall adopt rules to implement the
16provisions of this Act. The Department may adopt rules
17necessary to implement the provisions of this Act through the
18use of emergency rulemaking in accordance with Section 5-45 of
19the Illinois Administrative Procedure Act for a period not to
20exceed 180 days after the effective date of this Act.
 
21    Section 100. Short title. Sections 100 through 110 may be
22cited as the School Administrator Reporting of Mental Health
23Clear and Present Danger Determinations Law.
 

 

 

HB0183 Enrolled- 39 -LRB098 05760 MGM 35799 b

1    Section 105. Duty of school administrator. It is the duty
2of the principal of a public elementary or secondary school, or
3his or her designee, and the chief administrative officer of a
4private elementary or secondary school or a public or private
5community college, college, or university, or his or her
6designee, to report to the Department of State Police when a
7student is determined to pose a clear and present danger to
8himself, herself, or to others, within 24 hours of the
9determination as provided in Section 6-103.3 of the Mental
10Health and Developmental Disabilities Code. "Clear and present
11danger" has the meaning as provided in paragraph (2) of the
12definition of "clear and present danger" in Section 1.1 of the
13Firearm Owners Identification Card Act.
 
14    Section 110. Immunity. A principal or chief administrative
15officer, or the designee of a principal or chief administrative
16officer, making the determination and reporting under Section
17105 of this Law shall not be held criminally, civilly, or
18professionally liable, except for willful or wanton
19misconduct.
 
20    Section 115. The Open Meetings Act is amended by changing
21Section 2 as follows:
 
22    (5 ILCS 120/2)  (from Ch. 102, par. 42)
23    Sec. 2. Open meetings.

 

 

HB0183 Enrolled- 40 -LRB098 05760 MGM 35799 b

1    (a) Openness required. All meetings of public bodies shall
2be open to the public unless excepted in subsection (c) and
3closed in accordance with Section 2a.
4    (b) Construction of exceptions. The exceptions contained
5in subsection (c) are in derogation of the requirement that
6public bodies meet in the open, and therefore, the exceptions
7are to be strictly construed, extending only to subjects
8clearly within their scope. The exceptions authorize but do not
9require the holding of a closed meeting to discuss a subject
10included within an enumerated exception.
11    (c) Exceptions. A public body may hold closed meetings to
12consider the following subjects:
13        (1) The appointment, employment, compensation,
14    discipline, performance, or dismissal of specific
15    employees of the public body or legal counsel for the
16    public body, including hearing testimony on a complaint
17    lodged against an employee of the public body or against
18    legal counsel for the public body to determine its
19    validity.
20        (2) Collective negotiating matters between the public
21    body and its employees or their representatives, or
22    deliberations concerning salary schedules for one or more
23    classes of employees.
24        (3) The selection of a person to fill a public office,
25    as defined in this Act, including a vacancy in a public
26    office, when the public body is given power to appoint

 

 

HB0183 Enrolled- 41 -LRB098 05760 MGM 35799 b

1    under law or ordinance, or the discipline, performance or
2    removal of the occupant of a public office, when the public
3    body is given power to remove the occupant under law or
4    ordinance.
5        (4) Evidence or testimony presented in open hearing, or
6    in closed hearing where specifically authorized by law, to
7    a quasi-adjudicative body, as defined in this Act, provided
8    that the body prepares and makes available for public
9    inspection a written decision setting forth its
10    determinative reasoning.
11        (5) The purchase or lease of real property for the use
12    of the public body, including meetings held for the purpose
13    of discussing whether a particular parcel should be
14    acquired.
15        (6) The setting of a price for sale or lease of
16    property owned by the public body.
17        (7) The sale or purchase of securities, investments, or
18    investment contracts. This exception shall not apply to the
19    investment of assets or income of funds deposited into the
20    Illinois Prepaid Tuition Trust Fund.
21        (8) Security procedures and the use of personnel and
22    equipment to respond to an actual, a threatened, or a
23    reasonably potential danger to the safety of employees,
24    students, staff, the public, or public property.
25        (9) Student disciplinary cases.
26        (10) The placement of individual students in special

 

 

HB0183 Enrolled- 42 -LRB098 05760 MGM 35799 b

1    education programs and other matters relating to
2    individual students.
3        (11) Litigation, when an action against, affecting or
4    on behalf of the particular public body has been filed and
5    is pending before a court or administrative tribunal, or
6    when the public body finds that an action is probable or
7    imminent, in which case the basis for the finding shall be
8    recorded and entered into the minutes of the closed
9    meeting.
10        (12) The establishment of reserves or settlement of
11    claims as provided in the Local Governmental and
12    Governmental Employees Tort Immunity Act, if otherwise the
13    disposition of a claim or potential claim might be
14    prejudiced, or the review or discussion of claims, loss or
15    risk management information, records, data, advice or
16    communications from or with respect to any insurer of the
17    public body or any intergovernmental risk management
18    association or self insurance pool of which the public body
19    is a member.
20        (13) Conciliation of complaints of discrimination in
21    the sale or rental of housing, when closed meetings are
22    authorized by the law or ordinance prescribing fair housing
23    practices and creating a commission or administrative
24    agency for their enforcement.
25        (14) Informant sources, the hiring or assignment of
26    undercover personnel or equipment, or ongoing, prior or

 

 

HB0183 Enrolled- 43 -LRB098 05760 MGM 35799 b

1    future criminal investigations, when discussed by a public
2    body with criminal investigatory responsibilities.
3        (15) Professional ethics or performance when
4    considered by an advisory body appointed to advise a
5    licensing or regulatory agency on matters germane to the
6    advisory body's field of competence.
7        (16) Self evaluation, practices and procedures or
8    professional ethics, when meeting with a representative of
9    a statewide association of which the public body is a
10    member.
11        (17) The recruitment, credentialing, discipline or
12    formal peer review of physicians or other health care
13    professionals for a hospital, or other institution
14    providing medical care, that is operated by the public
15    body.
16        (18) Deliberations for decisions of the Prisoner
17    Review Board.
18        (19) Review or discussion of applications received
19    under the Experimental Organ Transplantation Procedures
20    Act.
21        (20) The classification and discussion of matters
22    classified as confidential or continued confidential by
23    the State Government Suggestion Award Board.
24        (21) Discussion of minutes of meetings lawfully closed
25    under this Act, whether for purposes of approval by the
26    body of the minutes or semi-annual review of the minutes as

 

 

HB0183 Enrolled- 44 -LRB098 05760 MGM 35799 b

1    mandated by Section 2.06.
2        (22) Deliberations for decisions of the State
3    Emergency Medical Services Disciplinary Review Board.
4        (23) The operation by a municipality of a municipal
5    utility or the operation of a municipal power agency or
6    municipal natural gas agency when the discussion involves
7    (i) contracts relating to the purchase, sale, or delivery
8    of electricity or natural gas or (ii) the results or
9    conclusions of load forecast studies.
10        (24) Meetings of a residential health care facility
11    resident sexual assault and death review team or the
12    Executive Council under the Abuse Prevention Review Team
13    Act.
14        (25) Meetings of an independent team of experts under
15    Brian's Law.
16        (26) Meetings of a mortality review team appointed
17    under the Department of Juvenile Justice Mortality Review
18    Team Act.
19        (27) Confidential information, when discussed by one
20    or more members of an elder abuse fatality review team,
21    designated under Section 15 of the Elder Abuse and Neglect
22    Act, while participating in a review conducted by that team
23    of the death of an elderly person in which abuse or neglect
24    is suspected, alleged, or substantiated; provided that
25    before the review team holds a closed meeting, or closes an
26    open meeting, to discuss the confidential information,

 

 

HB0183 Enrolled- 45 -LRB098 05760 MGM 35799 b

1    each participating review team member seeking to disclose
2    the confidential information in the closed meeting or
3    closed portion of the meeting must state on the record
4    during an open meeting or the open portion of a meeting the
5    nature of the information to be disclosed and the legal
6    basis for otherwise holding that information confidential.
7        (28) Correspondence and records (i) that may not be
8    disclosed under Section 11-9 of the Public Aid Code or (ii)
9    that pertain to appeals under Section 11-8 of the Public
10    Aid Code.
11        (29) Meetings between internal or external auditors
12    and governmental audit committees, finance committees, and
13    their equivalents, when the discussion involves internal
14    control weaknesses, identification of potential fraud risk
15    areas, known or suspected frauds, and fraud interviews
16    conducted in accordance with generally accepted auditing
17    standards of the United States of America.
18        (30) Meetings and deliberations for decisions of the
19    Concealed Carry Licensing Review Board under the Firearm
20    Concealed Carry Act.
21    (d) Definitions. For purposes of this Section:
22    "Employee" means a person employed by a public body whose
23relationship with the public body constitutes an
24employer-employee relationship under the usual common law
25rules, and who is not an independent contractor.
26    "Public office" means a position created by or under the

 

 

HB0183 Enrolled- 46 -LRB098 05760 MGM 35799 b

1Constitution or laws of this State, the occupant of which is
2charged with the exercise of some portion of the sovereign
3power of this State. The term "public office" shall include
4members of the public body, but it shall not include
5organizational positions filled by members thereof, whether
6established by law or by a public body itself, that exist to
7assist the body in the conduct of its business.
8    "Quasi-adjudicative body" means an administrative body
9charged by law or ordinance with the responsibility to conduct
10hearings, receive evidence or testimony and make
11determinations based thereon, but does not include local
12electoral boards when such bodies are considering petition
13challenges.
14    (e) Final action. No final action may be taken at a closed
15meeting. Final action shall be preceded by a public recital of
16the nature of the matter being considered and other information
17that will inform the public of the business being conducted.
18(Source: P.A. 96-1235, eff. 1-1-11; 96-1378, eff. 7-29-10;
1996-1428, eff. 8-11-10; 97-318, eff. 1-1-12; 97-333, eff.
208-12-11; 97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876,
21eff. 8-1-12.)
 
22    Section 120. The Freedom of Information Act is amended by
23changing Section 7.5 as follows:
 
24    (5 ILCS 140/7.5)

 

 

HB0183 Enrolled- 47 -LRB098 05760 MGM 35799 b

1    Sec. 7.5. Statutory Exemptions. To the extent provided for
2by the statutes referenced below, the following shall be exempt
3from inspection and copying:
4    (a) All information determined to be confidential under
5Section 4002 of the Technology Advancement and Development Act.
6    (b) Library circulation and order records identifying
7library users with specific materials under the Library Records
8Confidentiality Act.
9    (c) Applications, related documents, and medical records
10received by the Experimental Organ Transplantation Procedures
11Board and any and all documents or other records prepared by
12the Experimental Organ Transplantation Procedures Board or its
13staff relating to applications it has received.
14    (d) Information and records held by the Department of
15Public Health and its authorized representatives relating to
16known or suspected cases of sexually transmissible disease or
17any information the disclosure of which is restricted under the
18Illinois Sexually Transmissible Disease Control Act.
19    (e) Information the disclosure of which is exempted under
20Section 30 of the Radon Industry Licensing Act.
21    (f) Firm performance evaluations under Section 55 of the
22Architectural, Engineering, and Land Surveying Qualifications
23Based Selection Act.
24    (g) Information the disclosure of which is restricted and
25exempted under Section 50 of the Illinois Prepaid Tuition Act.
26    (h) Information the disclosure of which is exempted under

 

 

HB0183 Enrolled- 48 -LRB098 05760 MGM 35799 b

1the State Officials and Employees Ethics Act, and records of
2any lawfully created State or local inspector general's office
3that would be exempt if created or obtained by an Executive
4Inspector General's office under that Act.
5    (i) Information contained in a local emergency energy plan
6submitted to a municipality in accordance with a local
7emergency energy plan ordinance that is adopted under Section
811-21.5-5 of the Illinois Municipal Code.
9    (j) Information and data concerning the distribution of
10surcharge moneys collected and remitted by wireless carriers
11under the Wireless Emergency Telephone Safety Act.
12    (k) Law enforcement officer identification information or
13driver identification information compiled by a law
14enforcement agency or the Department of Transportation under
15Section 11-212 of the Illinois Vehicle Code.
16    (l) Records and information provided to a residential
17health care facility resident sexual assault and death review
18team or the Executive Council under the Abuse Prevention Review
19Team Act.
20    (m) Information provided to the predatory lending database
21created pursuant to Article 3 of the Residential Real Property
22Disclosure Act, except to the extent authorized under that
23Article.
24    (n) Defense budgets and petitions for certification of
25compensation and expenses for court appointed trial counsel as
26provided under Sections 10 and 15 of the Capital Crimes

 

 

HB0183 Enrolled- 49 -LRB098 05760 MGM 35799 b

1Litigation Act. This subsection (n) shall apply until the
2conclusion of the trial of the case, even if the prosecution
3chooses not to pursue the death penalty prior to trial or
4sentencing.
5    (o) Information that is prohibited from being disclosed
6under Section 4 of the Illinois Health and Hazardous Substances
7Registry Act.
8    (p) Security portions of system safety program plans,
9investigation reports, surveys, schedules, lists, data, or
10information compiled, collected, or prepared by or for the
11Regional Transportation Authority under Section 2.11 of the
12Regional Transportation Authority Act or the St. Clair County
13Transit District under the Bi-State Transit Safety Act.
14    (q) Information prohibited from being disclosed by the
15Personnel Records Review Act.
16    (r) Information prohibited from being disclosed by the
17Illinois School Student Records Act.
18    (s) Information the disclosure of which is restricted under
19Section 5-108 of the Public Utilities Act.
20    (t) All identified or deidentified health information in
21the form of health data or medical records contained in, stored
22in, submitted to, transferred by, or released from the Illinois
23Health Information Exchange, and identified or deidentified
24health information in the form of health data and medical
25records of the Illinois Health Information Exchange in the
26possession of the Illinois Health Information Exchange

 

 

HB0183 Enrolled- 50 -LRB098 05760 MGM 35799 b

1Authority due to its administration of the Illinois Health
2Information Exchange. The terms "identified" and
3"deidentified" shall be given the same meaning as in the Health
4Insurance Accountability and Portability Act of 1996, Public
5Law 104-191, or any subsequent amendments thereto, and any
6regulations promulgated thereunder.
7    (u) Records and information provided to an independent team
8of experts under Brian's Law.
9    (v) Names and information of people who have applied for or
10received Firearm Owner's Identification Cards under the
11Firearm Owners Identification Card Act or applied for or
12received a concealed carry license under the Firearm Concealed
13Carry Act, unless otherwise authorized by the Firearm Concealed
14Carry Act; and databases under the Firearm Concealed Carry Act,
15records of the Concealed Carry Licensing Review Board under the
16Firearm Concealed Carry Act, and law enforcement agency
17objections under the Firearm Concealed Carry Act.
18    (w) Personally identifiable information which is exempted
19from disclosure under subsection (g) of Section 19.1 of the
20Toll Highway Act.
21    (x) Information which is exempted from disclosure under
22Section 5-1014.3 of the Counties Code or Section 8-11-21 of the
23Illinois Municipal Code.
24(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;
2596-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff.
268-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976,

 

 

HB0183 Enrolled- 51 -LRB098 05760 MGM 35799 b

1eff. 1-1-13.)
 
2    Section 122. The Secretary of State Act is amended by
3adding Section 13.5 as follows:
 
4    (15 ILCS 305/13.5 new)
5    Sec. 13.5. Department of State Police access to driver's
6license and identification card photographs.
7    The Secretary of State shall allow the Department of State
8Police to access the driver's license or Illinois
9Identification card photograph, if available, of an applicant
10for a firearm concealed carry license under the Firearm
11Concealed Carry Act for the purpose of identifying the firearm
12concealed carry license applicant and issuing a license to the
13applicant.
 
14    Section 125. The Department of State Police Law of the
15Civil Administrative Code of Illinois is amended by changing
16Section 2605-300 and by adding Section 2605-595 as follows:
 
17    (20 ILCS 2605/2605-300)  (was 20 ILCS 2605/55a in part)
18    Sec. 2605-300. Records; crime laboratories; personnel. To
19do the following:
20        (1) Be a central repository and custodian of criminal
21    statistics for the State.
22        (2) Be a central repository for criminal history record

 

 

HB0183 Enrolled- 52 -LRB098 05760 MGM 35799 b

1    information.
2        (3) Procure and file for record information that is
3    necessary and helpful to plan programs of crime prevention,
4    law enforcement, and criminal justice.
5        (4) Procure and file for record copies of fingerprints
6    that may be required by law.
7        (5) Establish general and field crime laboratories.
8        (6) Register and file for record information that may
9    be required by law for the issuance of firearm owner's
10    identification cards under the Firearm Owners
11    Identification Card Act and concealed carry licenses under
12    the Firearm Concealed Carry Act.
13        (7) Employ polygraph operators, laboratory
14    technicians, and other specially qualified persons to aid
15    in the identification of criminal activity.
16        (8) Undertake other identification, information,
17    laboratory, statistical, or registration activities that
18    may be required by law.
19(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
20eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,
21eff. 8-14-98; 91-239, eff. 1-1-00.)
 
22    (20 ILCS 2605/2605-595 new)
23    Sec. 2605-595. State Police Firearm Services Fund.
24    (a) There is created in the State treasury a special fund
25known as the State Police Firearm Services Fund. The Fund shall

 

 

HB0183 Enrolled- 53 -LRB098 05760 MGM 35799 b

1receive revenue under the Firearm Concealed Carry Act and
2Section 5 of the Firearm Owners Identification Card Act. The
3Fund may also receive revenue from grants, pass-through grants,
4donations, appropriations, and any other legal source.
5    (b) The Department of State Police may use moneys in the
6Fund to finance any of its lawful purposes, mandates,
7functions, and duties under the Firearm Owners Identification
8Card Act and the Firearm Concealed Carry Act, including the
9cost of sending notices of expiration of Firearm Owner's
10Identification Cards, concealed carry licenses, the prompt and
11efficient processing of applications under the Firearm Owners
12Identification Card Act and the Firearm Concealed Carry Act,
13the improved efficiency and reporting of the LEADS and federal
14NICS law enforcement data systems, and support for
15investigations required under these Acts and law. Any surplus
16funds beyond what is needed to comply with the aforementioned
17purposes shall be used by the Department to improve the Law
18Enforcement Agencies Data System (LEADS) and criminal history
19background check system.
20    (c) Investment income that is attributable to the
21investment of moneys in the Fund shall be retained in the Fund
22for the uses specified in this Section.
 
23    Section 130. The State Finance Act is amended by adding
24Sections 5.826, 5.827, and 6z-98 as follows:
 

 

 

HB0183 Enrolled- 54 -LRB098 05760 MGM 35799 b

1    (30 ILCS 105/5.826 new)
2    Sec. 5.826. The Mental Health Reporting Fund.
 
3    (30 ILCS 105/5.827 new)
4    Sec. 5.827. The State Police Firearm Services Fund.
 
5    (30 ILCS 105/6z-98 new)
6    Sec. 6z-98. The Mental Health Reporting Fund.
7    (a) There is created in the State treasury a special fund
8known as the Mental Health Reporting Fund. The Fund shall
9receive revenue under the Firearm Concealed Carry Act. The Fund
10may also receive revenue from grants, pass-through grants,
11donations, appropriations, and any other legal source.
12    (b) The Department of State Police and Department of Human
13Services shall coordinate to use moneys in the Fund to finance
14their respective duties of collecting and reporting data on
15mental health records and ensuring that mental health firearm
16possession prohibitors are enforced as set forth under the
17Firearm Concealed Carry Act and the Firearm Owners
18Identification Card Act. Any surplus in the Fund beyond what is
19necessary to ensure compliance with mental health reporting
20under these Acts shall be used by the Department of Human
21Services for mental health treatment programs.
22    (c) Investment income that is attributable to the
23investment of moneys in the Fund shall be retained in the Fund
24for the uses specified in this Section.
 

 

 

HB0183 Enrolled- 55 -LRB098 05760 MGM 35799 b

1    (30 ILCS 105/5.206 rep.)
2    Section 135. The State Finance Act is amended by repealing
3Section 5.206.
 
4    Section 140. The Illinois Explosives Act is amended by
5changing Section 2005 as follows:
 
6    (225 ILCS 210/2005)  (from Ch. 96 1/2, par. 1-2005)
7    Sec. 2005. Qualifications for licensure.
8    (a) No person shall qualify to hold a license who:
9        (1) is under 21 years of age;
10        (2) has been convicted in any court of a crime
11    punishable by imprisonment for a term exceeding one year;
12        (3) is under indictment for a crime punishable by
13    imprisonment for a term exceeding one year;
14        (4) is a fugitive from justice;
15        (5) is an unlawful user of or addicted to any
16    controlled substance as defined in Section 102 of the
17    federal Controlled Substances Act (21 U.S.C. Sec. 802 et
18    seq.);
19        (6) has been adjudicated a mentally disabled person as
20    defined in Section 1.1 of the Firearm Owners Identification
21    Card Act mental defective; or
22        (7) is not a legal citizen of the United States.
23    (b) A person who has been granted a "relief from

 

 

HB0183 Enrolled- 56 -LRB098 05760 MGM 35799 b

1disabilities" regarding criminal convictions and indictments,
2pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.
3845) may receive a license provided all other qualifications
4under this Act are met.
5(Source: P.A. 96-1194, eff. 1-1-11.)
 
6    Section 142. The Liquor Control Act of 1934 is amended by
7changing Section 10-1 as follows:
 
8    (235 ILCS 5/10-1)  (from Ch. 43, par. 183)
9    Sec. 10-1. Violations; penalties. Whereas a substantial
10threat to the sound and careful control, regulation, and
11taxation of the manufacture, sale, and distribution of
12alcoholic liquors exists by virtue of individuals who
13manufacture, import, distribute, or sell alcoholic liquors
14within the State without having first obtained a valid license
15to do so, and whereas such threat is especially serious along
16the borders of this State, and whereas such threat requires
17immediate correction by this Act, by active investigation and
18prosecution by law enforcement officials and prosecutors, and
19by prompt and strict enforcement through the courts of this
20State to punish violators and to deter such conduct in the
21future:
22    (a) Any person who manufactures, imports for distribution
23or use, or distributes or sells alcoholic liquor at any place
24within the State without having first obtained a valid license

 

 

HB0183 Enrolled- 57 -LRB098 05760 MGM 35799 b

1to do so under the provisions of this Act shall be guilty of a
2business offense and fined not more than $1,000 for the first
3such offense and shall be guilty of a Class 4 felony for each
4subsequent offense.
5    (b) (1) Any retailer, licensed in this State, who knowingly
6causes to furnish, give, sell, or otherwise being within the
7State, any alcoholic liquor destined to be used, distributed,
8consumed or sold in another state, unless such alcoholic liquor
9was received in this State by a duly licensed distributor, or
10importing distributors shall have his license suspended for 7
11days for the first offense and for the second offense, shall
12have his license revoked by the Commission.
13    (2) In the event the Commission receives a certified copy
14of a final order from a foreign jurisdiction that an Illinois
15retail licensee has been found to have violated that foreign
16jurisdiction's laws, rules, or regulations concerning the
17importation of alcoholic liquor into that foreign
18jurisdiction, the violation may be grounds for the Commission
19to revoke, suspend, or refuse to issue or renew a license, to
20impose a fine, or to take any additional action provided by
21this Act with respect to the Illinois retail license or
22licensee. Any such action on the part of the Commission shall
23be in accordance with this Act and implementing rules.
24    For the purposes of paragraph (2): (i) "foreign
25jurisdiction" means a state, territory, or possession of the
26United States, the District of Columbia, or the Commonwealth of

 

 

HB0183 Enrolled- 58 -LRB098 05760 MGM 35799 b

1Puerto Rico, and (ii) "final order" means an order or judgment
2of a court or administrative body that determines the rights of
3the parties respecting the subject matter of the proceeding,
4that remains in full force and effect, and from which no appeal
5can be taken.
6    (c) Any person who shall make any false statement or
7otherwise violates any of the provisions of this Act in
8obtaining any license hereunder, or who having obtained a
9license hereunder shall violate any of the provisions of this
10Act with respect to the manufacture, possession, distribution
11or sale of alcoholic liquor, or with respect to the maintenance
12of the licensed premises, or shall violate any other provision
13of this Act, shall for a first offense be guilty of a petty
14offense and fined not more than $500, and for a second or
15subsequent offense shall be guilty of a Class B misdemeanor.
16    (c-5) Any owner of an establishment that serves alcohol on
17its premises, if more than 50% of the establishment's gross
18receipts within the prior 3 months is from the sale of alcohol,
19who knowingly fails to prohibit concealed firearms on its
20premises or who knowingly makes a false statement or record to
21avoid the prohibition of concealed firearms on its premises
22under the Firearm Concealed Carry Act shall be guilty of a
23business offense with a fine up to $5,000.
24    (d) Each day any person engages in business as a
25manufacturer, foreign importer, importing distributor,
26distributor or retailer in violation of the provisions of this

 

 

HB0183 Enrolled- 59 -LRB098 05760 MGM 35799 b

1Act shall constitute a separate offense.
2    (e) Any person, under the age of 21 years who, for the
3purpose of buying, accepting or receiving alcoholic liquor from
4a licensee, represents that he is 21 years of age or over shall
5be guilty of a Class A misdemeanor.
6    (f) In addition to the penalties herein provided, any
7person licensed as a wine-maker in either class who
8manufactures more wine than authorized by his license shall be
9guilty of a business offense and shall be fined $1 for each
10gallon so manufactured.
11    (g) A person shall be exempt from prosecution for a
12violation of this Act if he is a peace officer in the
13enforcement of the criminal laws and such activity is approved
14in writing by one of the following:
15        (1) In all counties, the respective State's Attorney;
16        (2) The Director of State Police under Section 2605-10,
17    2605-15, 2605-75, 2605-100, 2605-105, 2605-110, 2605-115,
18    2605-120, 2605-130, 2605-140, 2605-190, 2605-200,
19    2605-205, 2605-210, 2605-215, 2605-250, 2605-275,
20    2605-300, 2605-305, 2605-315, 2605-325, 2605-335,
21    2605-340, 2605-350, 2605-355, 2605-360, 2605-365,
22    2605-375, 2605-390, 2605-400, 2605-405, 2605-420,
23    2605-430, 2605-435, 2605-500, 2605-525, or 2605-550 of the
24    Department of State Police Law (20 ILCS 2605/2605-10,
25    2605/2605-15, 2605/2605-75, 2605/2605-100, 2605/2605-105,
26    2605/2605-110, 2605/2605-115, 2605/2605-120,

 

 

HB0183 Enrolled- 60 -LRB098 05760 MGM 35799 b

1    2605/2605-130, 2605/2605-140, 2605/2605-190,
2    2605/2605-200, 2605/2605-205, 2605/2605-210,
3    2605/2605-215, 2605/2605-250, 2605/2605-275,
4    2605/2605-300, 2605/2605-305, 2605/2605-315,
5    2605/2605-325, 2605/2605-335, 2605/2605-340,
6    2605/2605-350, 2605/2605-355, 2605/2605-360,
7    2605/2605-365, 2605/2605-375, 2605/2605-390,
8    2605/2605-400, 2605/2605-405, 2605/2605-420,
9    2605/2605-430, 2605/2605-435, 2605/2605-500,
10    2605/2605-525, or 2605/2605-550); or
11        (3) In cities over 1,000,000, the Superintendent of
12    Police.
13(Source: P.A. 90-739, eff. 8-13-98; 91-239, eff. 1-1-00.)
 
14    Section 145. The Mental Health and Developmental
15Disabilities Code is amended by changing Section 6-103.1 and by
16adding Sections 6-103.2 and 6-103.3 as follows:
 
17    (405 ILCS 5/6-103.1)
18    Sec. 6-103.1. Adjudication as a mentally disabled person
19mental defective.
20    When a person has been adjudicated as a mentally disabled
21person mental defective as defined in Section 1.1 of the
22Firearm Owners Identification Card Act, including, but not
23limited to, an adjudication as a disabled person as defined in
24Section 11a-2 of the Probate Act of 1975, the court shall

 

 

HB0183 Enrolled- 61 -LRB098 05760 MGM 35799 b

1direct the circuit court clerk to immediately notify the
2Department of State Police, Firearm Owner's Identification
3(FOID) Office, in a form and manner prescribed by the
4Department of State Police, and shall forward a copy of the
5court order to the Department no later than 7 days after the
6entry of the order. Upon receipt of the order, the Department
7of State Police shall provide notification to the National
8Instant Criminal Background Check System.
9(Source: P.A. 97-1131, eff. 1-1-13.)
 
10    (405 ILCS 5/6-103.2 new)
11    Sec. 6-103.2. Developmental disability; notice.
12    For purposes of this Section, if a person is determined to
13be developmentally disabled as defined in Section 1.1 of the
14Firearm Owners Identification Card Act by a physician, clinical
15psychologist, or qualified examiner, whether practicing at a
16public or by a private mental health facility or developmental
17disability facility, the physician, clinical psychologist, or
18qualified examiner shall notify the Department of Human
19Services within 24 hours of making the determination that the
20person has a developmental disability. The Department of Human
21Services shall immediately update its records and information
22relating to mental health and developmental disabilities, and
23if appropriate, shall notify the Department of State Police in
24a form and manner prescribed by the Department of State Police.
25Information disclosed under this Section shall remain

 

 

HB0183 Enrolled- 62 -LRB098 05760 MGM 35799 b

1privileged and confidential, and shall not be redisclosed,
2except as required under subsection (e) of Section 3.1 of the
3Firearm Owners Identification Card Act, nor used for any other
4purpose. The method of providing this information shall
5guarantee that the information is not released beyond that
6which is necessary for the purpose of this Section and shall be
7provided by rule by the Department of Human Services. The
8identity of the person reporting under this Section shall not
9be disclosed to the subject of the report.
10    The physician, clinical psychologist, or qualified
11examiner making the determination and his or her employer may
12not be held criminally, civilly, or professionally liable for
13making or not making the notification required under this
14Section, except for willful or wanton misconduct.
 
15    (405 ILCS 5/6-103.3 new)
16    Sec. 6-103.3. Clear and present danger; notice.
17    If a person is determined to pose a clear and present
18danger to himself, herself, or to others by a physician,
19clinical psychologist, or qualified examiner, whether employed
20by the State, by any public or private mental health facility
21or part thereof, or by a law enforcement official or a school
22administrator, then the physician, clinical psychologist,
23qualified examiner shall notify the Department of Human
24Services and a law enforcement official or school administrator
25shall notify the Department of State Police, within 24 hours of

 

 

HB0183 Enrolled- 63 -LRB098 05760 MGM 35799 b

1making the determination that the person poses a clear and
2present danger. The Department of Human Services shall
3immediately update its records and information relating to
4mental health and developmental disabilities, and if
5appropriate, shall notify the Department of State Police in a
6form and manner prescribed by the Department of State Police.
7Information disclosed under this Section shall remain
8privileged and confidential, and shall not be redisclosed,
9except as required under subsection (e) of Section 3.1 of the
10Firearm Owners Identification Card Act, nor used for any other
11purpose. The method of providing this information shall
12guarantee that the information is not released beyond that
13which is necessary for the purpose of this Section and shall be
14provided by rule by the Department of Human Services. The
15identity of the person reporting under this Section shall not
16be disclosed to the subject of the report. The physician,
17clinical psychologist, qualified examiner, law enforcement
18official, or school administrator making the determination and
19his or her employer shall not be held criminally, civilly, or
20professionally liable for making or not making the notification
21required under this Section, except for willful or wanton
22misconduct. This Section does not apply to a law enforcement
23official, if making the notification under this Section will
24interfere with an ongoing or pending criminal investigation.
25    For the purposes of this Section:
26        "Clear and present danger" has the meaning ascribed to

 

 

HB0183 Enrolled- 64 -LRB098 05760 MGM 35799 b

1    it in Section 1.1 of the Firearm Owners Identification Card
2    Act.
3        "School administrator" means the person required to
4    report under the School Administrator Reporting of Mental
5    Health Clear and Present Danger Determinations Law.
 
6    Section 150. The Firearm Owners Identification Card Act is
7amended by changing Sections 1.1, 3.1, 4, 5, 8, 8.1, 9, 10,
813.1, and 13.2 and by adding Sections 5.1 and 9.5 as follows:
 
9    (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)
10    (Text of Section before amendment by P.A. 97-1167)
11    Sec. 1.1. For purposes of this Act:
12    "Addicted to narcotics" means a person who has been:
13        (1) convicted of an offense involving the use or
14    possession of cannabis, a controlled substance, or
15    methamphetamine within the past year; or
16        (2) determined by the Department of State Police to be
17    addicted to narcotics based upon federal law or federal
18    guidelines.
19    "Addicted to narcotics" does not include possession or use
20of a prescribed controlled substance under the direction and
21authority of a physician or other person authorized to
22prescribe the controlled substance when the controlled
23substance is used in the prescribed manner.
24    "Adjudicated Has been adjudicated as a mentally disabled

 

 

HB0183 Enrolled- 65 -LRB098 05760 MGM 35799 b

1person mental defective" means the person is the subject of a
2determination by a court, board, commission or other lawful
3authority that the a person, as a result of marked subnormal
4intelligence, or mental illness, mental impairment,
5incompetency, condition, or disease:
6        (1) presents a clear and present is a danger to
7    himself, herself, or to others;
8        (2) lacks the mental capacity to manage his or her own
9    affairs or is adjudicated a disabled person as defined in
10    Section 11a-2 of the Probate Act of 1975;
11        (3) is not guilty in a criminal case by reason of
12    insanity, mental disease or defect;
13        (3.5) is guilty but mentally ill, as provided in
14    Section 5-2-6 of the Unified Code of Corrections;
15        (4) is incompetent to stand trial in a criminal case;
16        (5) is not guilty by reason of lack of mental
17    responsibility under pursuant to Articles 50a and 72b of
18    the Uniform Code of Military Justice, 10 U.S.C. 850a,
19    876b; .
20        (6) is a sexually violent person under subsection (f)
21    of Section 5 of the Sexually Violent Persons Commitment
22    Act;
23        (7) has been found to be a sexually dangerous person
24    under the Sexually Dangerous Persons Act;
25        (8) is unfit to stand trial under the Juvenile Court
26    Act of 1987;

 

 

HB0183 Enrolled- 66 -LRB098 05760 MGM 35799 b

1        (9) is not guilty by reason of insanity under the
2    Juvenile Court Act of 1987;
3        (10) is subject to involuntary admission as an
4    inpatient as defined in Section 1-119 of the Mental Health
5    and Development Disabilities Code;
6        (11) is subject to involuntary admission as an
7    outpatient as defined in Section 1-119.1 of the Mental
8    Health and Developmental Disabilities Code;
9        (12) is subject to judicial admission as set forth in
10    Section 4-500 of the Mental Health and Developmental
11    Disabilities Code; or
12        (13) is subject to the provisions of the Interstate
13    Agreements on Sexually Dangerous Persons Act.
14    "Clear and present danger" means a person who:
15        (1) communicates a serious threat of physical violence
16    against a reasonably identifiable victim or poses a clear
17    and imminent risk of serious physical injury to himself,
18    herself, or another person as determined by a physician,
19    clinical psychologist, or qualified examiner; or
20        (2) demonstrates threatening physical or verbal
21    behavior, such as violent, suicidal, or assaultive
22    threats, actions, or other behavior, as determined by a
23    physician, clinical psychologist, qualified examiner,
24    school administrator, or law enforcement official.
25    "Clinical psychologist" has the meaning provided in
26Section 1-103 of the Mental Health and Developmental

 

 

HB0183 Enrolled- 67 -LRB098 05760 MGM 35799 b

1Disabilities Code.
2    "Controlled substance" means a controlled substance or
3controlled substance analog as defined in the Illinois
4Controlled Substances Act.
5    "Counterfeit" means to copy or imitate, without legal
6authority, with intent to deceive.
7    "Developmentally disabled" means a disability which is
8attributable to any other condition which results in impairment
9similar to that caused by an intellectual disability and which
10requires services similar to those required by intellectually
11disabled persons. The disability must originate before the age
12of 18 years, be expected to continue indefinitely, and
13constitute a substantial handicap.
14    "Federally licensed firearm dealer" means a person who is
15licensed as a federal firearms dealer under Section 923 of the
16federal Gun Control Act of 1968 (18 U.S.C. 923).
17    "Firearm" means any device, by whatever name known, which
18is designed to expel a projectile or projectiles by the action
19of an explosion, expansion of gas or escape of gas; excluding,
20however:
21        (1) any pneumatic gun, spring gun, paint ball gun, or
22    B-B gun which expels a single globular projectile not
23    exceeding .18 inch in diameter or which has a maximum
24    muzzle velocity of less than 700 feet per second;
25        (1.1) any pneumatic gun, spring gun, paint ball gun, or
26    B-B gun which expels breakable paint balls containing

 

 

HB0183 Enrolled- 68 -LRB098 05760 MGM 35799 b

1    washable marking colors;
2        (2) any device used exclusively for signalling or
3    safety and required or recommended by the United States
4    Coast Guard or the Interstate Commerce Commission;
5        (3) any device used exclusively for the firing of stud
6    cartridges, explosive rivets or similar industrial
7    ammunition; and
8        (4) an antique firearm (other than a machine-gun)
9    which, although designed as a weapon, the Department of
10    State Police finds by reason of the date of its
11    manufacture, value, design, and other characteristics is
12    primarily a collector's item and is not likely to be used
13    as a weapon.
14    "Firearm ammunition" means any self-contained cartridge or
15shotgun shell, by whatever name known, which is designed to be
16used or adaptable to use in a firearm; excluding, however:
17        (1) any ammunition exclusively designed for use with a
18    device used exclusively for signalling or safety and
19    required or recommended by the United States Coast Guard or
20    the Interstate Commerce Commission; and
21        (2) any ammunition designed exclusively for use with a
22    stud or rivet driver or other similar industrial
23    ammunition.
24    "Gun show" means an event or function:
25        (1) at which the sale and transfer of firearms is the
26    regular and normal course of business and where 50 or more

 

 

HB0183 Enrolled- 69 -LRB098 05760 MGM 35799 b

1    firearms are displayed, offered, or exhibited for sale,
2    transfer, or exchange; or
3        (2) at which not less than 10 gun show vendors display,
4    offer, or exhibit for sale, sell, transfer, or exchange
5    firearms.
6    "Gun show" includes the entire premises provided for an
7event or function, including parking areas for the event or
8function, that is sponsored to facilitate the purchase, sale,
9transfer, or exchange of firearms as described in this Section.
10    "Gun show" does not include training or safety classes,
11competitive shooting events, such as rifle, shotgun, or handgun
12matches, trap, skeet, or sporting clays shoots, dinners,
13banquets, raffles, or any other event where the sale or
14transfer of firearms is not the primary course of business.
15    "Gun show promoter" means a person who organizes or
16operates a gun show.
17    "Gun show vendor" means a person who exhibits, sells,
18offers for sale, transfers, or exchanges any firearms at a gun
19show, regardless of whether the person arranges with a gun show
20promoter for a fixed location from which to exhibit, sell,
21offer for sale, transfer, or exchange any firearm.
22    "Intellectually disabled" means significantly subaverage
23general intellectual functioning which exists concurrently
24with impairment in adaptive behavior and which originates
25before the age of 18 years.
26    "Involuntarily admitted" has the meaning as prescribed in

 

 

HB0183 Enrolled- 70 -LRB098 05760 MGM 35799 b

1Sections 1-119 and 1-119.1 of the Mental Health and
2Developmental Disabilities Code.
3    "Mental health facility" means any licensed private
4hospital or hospital affiliate, institution, or facility, or
5part thereof, and any facility, or part thereof, operated by
6the State or a political subdivision thereof which provide
7treatment of persons with mental illness and includes all
8hospitals, institutions, clinics, evaluation facilities,
9mental health centers, colleges, universities, long-term care
10facilities, and nursing homes, or parts thereof, which provide
11treatment of persons with mental illness whether or not the
12primary purpose is to provide treatment of persons with mental
13illness.
14    "Patient" means:
15        (1) a person who voluntarily receives mental health
16    treatment as an in-patient or resident of any public or
17    private mental health facility, unless the treatment was
18    solely for an alcohol abuse disorder and no other secondary
19    substance abuse disorder or mental illness; or
20        (2) a person who voluntarily receives mental health
21    treatment as an out-patient or is provided services by a
22    public or private mental health facility, and who poses a
23    clear and present danger to himself, herself, or to others.
24    "Physician" has the meaning as defined in Section 1-120 of
25the Mental Health and Developmental Disabilities Code.
26    "Qualified examiner" has the meaning provided in Section

 

 

HB0183 Enrolled- 71 -LRB098 05760 MGM 35799 b

11-122 of the Mental Health and Developmental Disabilities Code.
2    "Sanctioned competitive shooting event" means a shooting
3contest officially recognized by a national or state shooting
4sport association, and includes any sight-in or practice
5conducted in conjunction with the event.
6    "School administrator" means the person required to report
7under the School Administrator Reporting of Mental Health Clear
8and Present Danger Determinations Law.
9    "Stun gun or taser" has the meaning ascribed to it in
10Section 24-1 of the Criminal Code of 2012.
11(Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13.)
 
12    (Text of Section after amendment by P.A. 97-1167)
13    Sec. 1.1. For purposes of this Act:
14    "Addicted to narcotics" means a person who has been:
15        (1) convicted of an offense involving the use or
16    possession of cannabis, a controlled substance, or
17    methamphetamine within the past year; or
18        (2) determined by the Department of State Police to be
19    addicted to narcotics based upon federal law or federal
20    guidelines.
21    "Addicted to narcotics" does not include possession or use
22of a prescribed controlled substance under the direction and
23authority of a physician or other person authorized to
24prescribe the controlled substance when the controlled
25substance is used in the prescribed manner.

 

 

HB0183 Enrolled- 72 -LRB098 05760 MGM 35799 b

1    "Adjudicated Has been adjudicated as a mentally disabled
2person mental defective" means the person is the subject of a
3determination by a court, board, commission or other lawful
4authority that the a person, as a result of marked subnormal
5intelligence, or mental illness, mental impairment,
6incompetency, condition, or disease:
7        (1) presents a clear and present is a danger to
8    himself, herself, or to others;
9        (2) lacks the mental capacity to manage his or her own
10    affairs or is adjudicated a disabled person as defined in
11    Section 11a-2 of the Probate Act of 1975;
12        (3) is not guilty in a criminal case by reason of
13    insanity, mental disease or defect;
14        (3.5) is guilty but mentally ill, as provided in
15    Section 5-2-6 of the Unified Code of Corrections;
16        (4) is incompetent to stand trial in a criminal case;
17        (5) is not guilty by reason of lack of mental
18    responsibility under pursuant to Articles 50a and 72b of
19    the Uniform Code of Military Justice, 10 U.S.C. 850a,
20    876b; .
21        (6) is a sexually violent person under subsection (f)
22    of Section 5 of the Sexually Violent Persons Commitment
23    Act;
24        (7) is a sexually dangerous person under the Sexually
25    Dangerous Persons Act;
26        (8) is unfit to stand trial under the Juvenile Court

 

 

HB0183 Enrolled- 73 -LRB098 05760 MGM 35799 b

1    Act of 1987;
2        (9) is not guilty by reason of insanity under the
3    Juvenile Court Act of 1987;
4        (10) is subject to involuntary admission as an
5    inpatient as defined in Section 1-119 of the Mental Health
6    and Developmental Disabilities Code;
7        (11) is subject to involuntary admission as an
8    outpatient as defined in Section 1-119.1 of the Mental
9    Health and Developmental Disabilities Code;
10        (12) is subject to judicial admission as set forth in
11    Section 4-500 of the Mental Health and Developmental
12    Disabilities Code; or
13        (13) is subject to the provisions of the Interstate
14    Agreements on Sexually Dangerous Persons Act.
15    "Clear and present danger" means a person who:
16        (1) communicates a serious threat of physical violence
17    against a reasonably identifiable victim or poses a clear
18    and imminent risk of serious physical injury to himself,
19    herself, or another person as determined by a physician,
20    clinical psychologist, or qualified examiner; or
21        (2) demonstrates threatening physical or verbal
22    behavior, such as violent, suicidal, or assaultive
23    threats, actions, or other behavior, as determined by a
24    physician, clinical psychologist, qualified examiner,
25    school administrator, or law enforcement official.
26    "Clinical psychologist" has the meaning provided in

 

 

HB0183 Enrolled- 74 -LRB098 05760 MGM 35799 b

1Section 1-103 of the Mental Health and Developmental
2Disabilities Code.
3    "Controlled substance" means a controlled substance or
4controlled substance analog as defined in the Illinois
5Controlled Substances Act.
6    "Counterfeit" means to copy or imitate, without legal
7authority, with intent to deceive.
8    "Developmentally disabled" means a disability which is
9attributable to any other condition which results in impairment
10similar to that caused by an intellectual disability and which
11requires services similar to those required by intellectually
12disabled persons. The disability must originate before the age
13of 18 years, be expected to continue indefinitely, and
14constitute a substantial handicap.
15    "Federally licensed firearm dealer" means a person who is
16licensed as a federal firearms dealer under Section 923 of the
17federal Gun Control Act of 1968 (18 U.S.C. 923).
18    "Firearm" means any device, by whatever name known, which
19is designed to expel a projectile or projectiles by the action
20of an explosion, expansion of gas or escape of gas; excluding,
21however:
22        (1) any pneumatic gun, spring gun, paint ball gun, or
23    B-B gun which expels a single globular projectile not
24    exceeding .18 inch in diameter or which has a maximum
25    muzzle velocity of less than 700 feet per second;
26        (1.1) any pneumatic gun, spring gun, paint ball gun, or

 

 

HB0183 Enrolled- 75 -LRB098 05760 MGM 35799 b

1    B-B gun which expels breakable paint balls containing
2    washable marking colors;
3        (2) any device used exclusively for signalling or
4    safety and required or recommended by the United States
5    Coast Guard or the Interstate Commerce Commission;
6        (3) any device used exclusively for the firing of stud
7    cartridges, explosive rivets or similar industrial
8    ammunition; and
9        (4) an antique firearm (other than a machine-gun)
10    which, although designed as a weapon, the Department of
11    State Police finds by reason of the date of its
12    manufacture, value, design, and other characteristics is
13    primarily a collector's item and is not likely to be used
14    as a weapon.
15    "Firearm ammunition" means any self-contained cartridge or
16shotgun shell, by whatever name known, which is designed to be
17used or adaptable to use in a firearm; excluding, however:
18        (1) any ammunition exclusively designed for use with a
19    device used exclusively for signalling or safety and
20    required or recommended by the United States Coast Guard or
21    the Interstate Commerce Commission; and
22        (2) any ammunition designed exclusively for use with a
23    stud or rivet driver or other similar industrial
24    ammunition.
25    "Gun show" means an event or function:
26        (1) at which the sale and transfer of firearms is the

 

 

HB0183 Enrolled- 76 -LRB098 05760 MGM 35799 b

1    regular and normal course of business and where 50 or more
2    firearms are displayed, offered, or exhibited for sale,
3    transfer, or exchange; or
4        (2) at which not less than 10 gun show vendors display,
5    offer, or exhibit for sale, sell, transfer, or exchange
6    firearms.
7    "Gun show" includes the entire premises provided for an
8event or function, including parking areas for the event or
9function, that is sponsored to facilitate the purchase, sale,
10transfer, or exchange of firearms as described in this Section.
11    "Gun show" does not include training or safety classes,
12competitive shooting events, such as rifle, shotgun, or handgun
13matches, trap, skeet, or sporting clays shoots, dinners,
14banquets, raffles, or any other event where the sale or
15transfer of firearms is not the primary course of business.
16    "Gun show promoter" means a person who organizes or
17operates a gun show.
18    "Gun show vendor" means a person who exhibits, sells,
19offers for sale, transfers, or exchanges any firearms at a gun
20show, regardless of whether the person arranges with a gun show
21promoter for a fixed location from which to exhibit, sell,
22offer for sale, transfer, or exchange any firearm.
23    "Intellectually disabled" means significantly subaverage
24general intellectual functioning which exists concurrently
25with impairment in adaptive behavior and which originates
26before the age of 18 years.

 

 

HB0183 Enrolled- 77 -LRB098 05760 MGM 35799 b

1    "Involuntarily admitted" has the meaning as prescribed in
2Sections 1-119 and 1-119.1 of the Mental Health and
3Developmental Disabilities Code.
4    "Mental health facility institution" means any licensed
5private hospital or hospital affiliate, institution, or
6facility, or part thereof, and any facility, or part thereof,
7operated by the State or a political subdivision thereof which
8provide clinic, evaluation facility, mental health center, or
9part thereof, which is used primarily for the care or treatment
10of persons with mental illness and includes all hospitals,
11institutions, clinics, evaluation facilities, mental health
12centers, colleges, universities, long-term care facilities,
13and nursing homes, or parts thereof, which provide treatment of
14persons with mental illness whether or not the primary purpose
15is to provide treatment of persons with mental illness.
16    "Patient" means:
17        (1) a person who voluntarily receives mental health
18    treatment as an in-patient or resident of any public or
19    private mental health facility, unless the treatment was
20    solely for an alcohol abuse disorder and no other secondary
21    substance abuse disorder or mental illness; or
22        (2) a person who voluntarily receives mental health
23    treatment as an out-patient or is provided services by a
24    public or private mental health facility, and who poses a
25    clear and present danger to himself, herself, or to others.
26    "Physician" has the meaning as defined in Section 1-120 of

 

 

HB0183 Enrolled- 78 -LRB098 05760 MGM 35799 b

1the Mental Health and Developmental Disabilities Code.
2    "Qualified examiner" has the meaning provided in Section
31-122 of the Mental Health and Developmental Disabilities Code.
4    "Patient in a mental institution" means the person was
5admitted, either voluntarily or involuntarily, to a mental
6institution for mental health treatment, unless the treatment
7was voluntary and solely for an alcohol abuse disorder and no
8other secondary substance abuse disorder or mental illness.
9    "Sanctioned competitive shooting event" means a shooting
10contest officially recognized by a national or state shooting
11sport association, and includes any sight-in or practice
12conducted in conjunction with the event.
13    "School administrator" means the person required to report
14under the School Administrator Reporting of Mental Health Clear
15and Present Danger Determinations Law.
16    "Stun gun or taser" has the meaning ascribed to it in
17Section 24-1 of the Criminal Code of 2012.
18(Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13;
1997-1167, eff. 6-1-13.)
 
20    (430 ILCS 65/3.1)  (from Ch. 38, par. 83-3.1)
21    Sec. 3.1. Dial up system.
22    (a) The Department of State Police shall provide a dial up
23telephone system or utilize other existing technology which
24shall be used by any federally licensed firearm dealer, gun
25show promoter, or gun show vendor who is to transfer a firearm,

 

 

HB0183 Enrolled- 79 -LRB098 05760 MGM 35799 b

1stun gun, or taser under the provisions of this Act. The
2Department of State Police may utilize existing technology
3which allows the caller to be charged a fee not to exceed $2.
4Fees collected by the Department of State Police shall be
5deposited in the State Police Services Fund and used to provide
6the service.
7    (b) Upon receiving a request from a federally licensed
8firearm dealer, gun show promoter, or gun show vendor, the
9Department of State Police shall immediately approve, or within
10the time period established by Section 24-3 of the Criminal
11Code of 2012 regarding the delivery of firearms, stun guns, and
12tasers notify the inquiring dealer, gun show promoter, or gun
13show vendor of any objection that would disqualify the
14transferee from acquiring or possessing a firearm, stun gun, or
15taser. In conducting the inquiry, the Department of State
16Police shall initiate and complete an automated search of its
17criminal history record information files and those of the
18Federal Bureau of Investigation, including the National
19Instant Criminal Background Check System, and of the files of
20the Department of Human Services relating to mental health and
21developmental disabilities to obtain any felony conviction or
22patient hospitalization information which would disqualify a
23person from obtaining or require revocation of a currently
24valid Firearm Owner's Identification Card.
25    (c) If receipt of a firearm would not violate Section 24-3
26of the Criminal Code of 2012, federal law, or this Act the

 

 

HB0183 Enrolled- 80 -LRB098 05760 MGM 35799 b

1Department of State Police shall:
2        (1) assign a unique identification number to the
3    transfer; and
4        (2) provide the licensee, gun show promoter, or gun
5    show vendor with the number.
6    (d) Approvals issued by the Department of State Police for
7the purchase of a firearm are valid for 30 days from the date
8of issue.
9    (e) (1) The Department of State Police must act as the
10Illinois Point of Contact for the National Instant Criminal
11Background Check System.
12    (2) The Department of State Police and the Department of
13Human Services shall, in accordance with State and federal law
14regarding confidentiality, enter into a memorandum of
15understanding with the Federal Bureau of Investigation for the
16purpose of implementing the National Instant Criminal
17Background Check System in the State. The Department of State
18Police shall report the name, date of birth, and physical
19description of any person prohibited from possessing a firearm
20pursuant to the Firearm Owners Identification Card Act or 18
21U.S.C. 922(g) and (n) to the National Instant Criminal
22Background Check System Index, Denied Persons Files.
23    (3) The Department of State Police shall provide notice of
24the disqualification of a person under subsection (b) of this
25Section or the revocation of a person's Firearm Owner's
26Identification Card under Section 8 of this Act, and the reason

 

 

HB0183 Enrolled- 81 -LRB098 05760 MGM 35799 b

1for the disqualification or revocation, to all law enforcement
2agencies with jurisdiction to assist with the seizure of the
3person's Firearm Owner's Identification Card.
4    (f) The Department of State Police shall adopt promulgate
5rules not inconsistent with this Section to implement this
6system.
7(Source: P.A. 97-1150, eff. 1-25-13.)
 
8    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
9    (Text of Section before amendment by P.A. 97-1167)
10    Sec. 4. (a) Each applicant for a Firearm Owner's
11Identification Card must:
12        (1) Make application on blank forms prepared and
13    furnished at convenient locations throughout the State by
14    the Department of State Police, or by electronic means, if
15    and when made available by the Department of State Police;
16    and
17        (2) Submit evidence to the Department of State Police
18    that:
19            (i) He or she is 21 years of age or over, or if he
20        or she is under 21 years of age that he or she has the
21        written consent of his or her parent or legal guardian
22        to possess and acquire firearms and firearm ammunition
23        and that he or she has never been convicted of a
24        misdemeanor other than a traffic offense or adjudged
25        delinquent, provided, however, that such parent or

 

 

HB0183 Enrolled- 82 -LRB098 05760 MGM 35799 b

1        legal guardian is not an individual prohibited from
2        having a Firearm Owner's Identification Card and files
3        an affidavit with the Department as prescribed by the
4        Department stating that he or she is not an individual
5        prohibited from having a Card;
6            (ii) He or she has not been convicted of a felony
7        under the laws of this or any other jurisdiction;
8            (iii) He or she is not addicted to narcotics;
9            (iv) He or she has not been a patient in a mental
10        health facility institution within the past 5 years or,
11        if he or she has been a patient in a mental health
12        facility more than 5 years ago submit the certification
13        required under subsection (u) of Section 8 of this Act
14        and he or she has not been adjudicated as a mental
15        defective;
16            (v) He or she is not intellectually disabled;
17            (vi) He or she is not an alien who is unlawfully
18        present in the United States under the laws of the
19        United States;
20            (vii) He or she is not subject to an existing order
21        of protection prohibiting him or her from possessing a
22        firearm;
23            (viii) He or she has not been convicted within the
24        past 5 years of battery, assault, aggravated assault,
25        violation of an order of protection, or a substantially
26        similar offense in another jurisdiction, in which a

 

 

HB0183 Enrolled- 83 -LRB098 05760 MGM 35799 b

1        firearm was used or possessed;
2            (ix) He or she has not been convicted of domestic
3        battery, aggravated domestic battery, or a
4        substantially similar offense in another jurisdiction
5        committed before, on or after January 1, 2012 (the
6        effective date of Public Act 97-158). If the applicant
7        knowingly and intelligently waives the right to have an
8        offense described in this clause (ix) tried by a jury,
9        and by guilty plea or otherwise, results in a
10        conviction for an offense in which a domestic
11        relationship is not a required element of the offense
12        but in which a determination of the applicability of 18
13        U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
14        Code of Criminal Procedure of 1963, an entry by the
15        court of a judgment of conviction for that offense
16        shall be grounds for denying the issuance of a Firearm
17        Owner's Identification Card under this Section;
18            (x) (Blank);
19            (xi) He or she is not an alien who has been
20        admitted to the United States under a non-immigrant
21        visa (as that term is defined in Section 101(a)(26) of
22        the Immigration and Nationality Act (8 U.S.C.
23        1101(a)(26))), or that he or she is an alien who has
24        been lawfully admitted to the United States under a
25        non-immigrant visa if that alien is:
26                (1) admitted to the United States for lawful

 

 

HB0183 Enrolled- 84 -LRB098 05760 MGM 35799 b

1            hunting or sporting purposes;
2                (2) an official representative of a foreign
3            government who is:
4                    (A) accredited to the United States
5                Government or the Government's mission to an
6                international organization having its
7                headquarters in the United States; or
8                    (B) en route to or from another country to
9                which that alien is accredited;
10                (3) an official of a foreign government or
11            distinguished foreign visitor who has been so
12            designated by the Department of State;
13                (4) a foreign law enforcement officer of a
14            friendly foreign government entering the United
15            States on official business; or
16                (5) one who has received a waiver from the
17            Attorney General of the United States pursuant to
18            18 U.S.C. 922(y)(3);
19            (xii) He or she is not a minor subject to a
20        petition filed under Section 5-520 of the Juvenile
21        Court Act of 1987 alleging that the minor is a
22        delinquent minor for the commission of an offense that
23        if committed by an adult would be a felony;
24            (xiii) He or she is not an adult who had been
25        adjudicated a delinquent minor under the Juvenile
26        Court Act of 1987 for the commission of an offense that

 

 

HB0183 Enrolled- 85 -LRB098 05760 MGM 35799 b

1        if committed by an adult would be a felony; and
2            (xiv) He or she is a resident of the State of
3        Illinois; and
4            (xv) He or she has not been adjudicated as a
5        mentally disabled person;
6            (xvi) He or she has not been involuntarily admitted
7        into a mental health facility; and
8            (xvii) He or she is not developmentally disabled;
9        and
10        (3) Upon request by the Department of State Police,
11    sign a release on a form prescribed by the Department of
12    State Police waiving any right to confidentiality and
13    requesting the disclosure to the Department of State Police
14    of limited mental health institution admission information
15    from another state, the District of Columbia, any other
16    territory of the United States, or a foreign nation
17    concerning the applicant for the sole purpose of
18    determining whether the applicant is or was a patient in a
19    mental health institution and disqualified because of that
20    status from receiving a Firearm Owner's Identification
21    Card. No mental health care or treatment records may be
22    requested. The information received shall be destroyed
23    within one year of receipt.
24    (a-5) Each applicant for a Firearm Owner's Identification
25Card who is over the age of 18 shall furnish to the Department
26of State Police either his or her Illinois driver's license

 

 

HB0183 Enrolled- 86 -LRB098 05760 MGM 35799 b

1number or Illinois Identification Card number, except as
2provided in subsection (a-10).
3    (a-10) Each applicant for a Firearm Owner's Identification
4Card, who is employed as a law enforcement officer, an armed
5security officer in Illinois, or by the United States Military
6permanently assigned in Illinois and who is not an Illinois
7resident, shall furnish to the Department of State Police his
8or her driver's license number or state identification card
9number from his or her state of residence. The Department of
10State Police may adopt promulgate rules to enforce the
11provisions of this subsection (a-10).
12    (a-15) If an applicant applying for a Firearm Owner's
13Identification Card moves from the residence address named in
14the application, he or she shall immediately notify in a form
15and manner prescribed by the Department of State Police of that
16change of address.
17    (a-20) Each applicant for a Firearm Owner's Identification
18Card shall furnish to the Department of State Police his or her
19photograph. An applicant who is 21 years of age or older
20seeking a religious exemption to the photograph requirement
21must furnish with the application an approved copy of United
22States Department of the Treasury Internal Revenue Service Form
234029. In lieu of a photograph, an applicant regardless of age
24seeking a religious exemption to the photograph requirement
25shall submit fingerprints on a form and manner prescribed by
26the Department with his or her application.

 

 

HB0183 Enrolled- 87 -LRB098 05760 MGM 35799 b

1    (b) Each application form shall include the following
2statement printed in bold type: "Warning: Entering false
3information on an application for a Firearm Owner's
4Identification Card is punishable as a Class 2 felony in
5accordance with subsection (d-5) of Section 14 of the Firearm
6Owners Identification Card Act.".
7    (c) Upon such written consent, pursuant to Section 4,
8paragraph (a)(2)(i), the parent or legal guardian giving the
9consent shall be liable for any damages resulting from the
10applicant's use of firearms or firearm ammunition.
11(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,
12eff. 7-13-12; 97-1131, eff. 1-1-13.)
 
13    (Text of Section after amendment by P.A. 97-1167)
14    Sec. 4. (a) Each applicant for a Firearm Owner's
15Identification Card must:
16        (1) Make application on blank forms prepared and
17    furnished at convenient locations throughout the State by
18    the Department of State Police, or by electronic means, if
19    and when made available by the Department of State Police;
20    and
21        (2) Submit evidence to the Department of State Police
22    that:
23            (i) He or she is 21 years of age or over, or if he
24        or she is under 21 years of age that he or she has the
25        written consent of his or her parent or legal guardian

 

 

HB0183 Enrolled- 88 -LRB098 05760 MGM 35799 b

1        to possess and acquire firearms and firearm ammunition
2        and that he or she has never been convicted of a
3        misdemeanor other than a traffic offense or adjudged
4        delinquent, provided, however, that such parent or
5        legal guardian is not an individual prohibited from
6        having a Firearm Owner's Identification Card and files
7        an affidavit with the Department as prescribed by the
8        Department stating that he or she is not an individual
9        prohibited from having a Card;
10            (ii) He or she has not been convicted of a felony
11        under the laws of this or any other jurisdiction;
12            (iii) He or she is not addicted to narcotics;
13            (iv) He or she has not been a patient in a mental
14        health facility institution within the past 5 years or,
15        if he or she has been a patient in a mental health
16        facility more than 5 years ago submit the certification
17        required under subsection (u) of Section 8 of this Act;
18            (v) He or she is not intellectually disabled;
19            (vi) He or she is not an alien who is unlawfully
20        present in the United States under the laws of the
21        United States;
22            (vii) He or she is not subject to an existing order
23        of protection prohibiting him or her from possessing a
24        firearm;
25            (viii) He or she has not been convicted within the
26        past 5 years of battery, assault, aggravated assault,

 

 

HB0183 Enrolled- 89 -LRB098 05760 MGM 35799 b

1        violation of an order of protection, or a substantially
2        similar offense in another jurisdiction, in which a
3        firearm was used or possessed;
4            (ix) He or she has not been convicted of domestic
5        battery, aggravated domestic battery, or a
6        substantially similar offense in another jurisdiction
7        committed before, on or after January 1, 2012 (the
8        effective date of Public Act 97-158). If the applicant
9        knowingly and intelligently waives the right to have an
10        offense described in this clause (ix) tried by a jury,
11        and by guilty plea or otherwise, results in a
12        conviction for an offense in which a domestic
13        relationship is not a required element of the offense
14        but in which a determination of the applicability of 18
15        U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
16        Code of Criminal Procedure of 1963, an entry by the
17        court of a judgment of conviction for that offense
18        shall be grounds for denying the issuance of a Firearm
19        Owner's Identification Card under this Section;
20            (x) (Blank);
21            (xi) He or she is not an alien who has been
22        admitted to the United States under a non-immigrant
23        visa (as that term is defined in Section 101(a)(26) of
24        the Immigration and Nationality Act (8 U.S.C.
25        1101(a)(26))), or that he or she is an alien who has
26        been lawfully admitted to the United States under a

 

 

HB0183 Enrolled- 90 -LRB098 05760 MGM 35799 b

1        non-immigrant visa if that alien is:
2                (1) admitted to the United States for lawful
3            hunting or sporting purposes;
4                (2) an official representative of a foreign
5            government who is:
6                    (A) accredited to the United States
7                Government or the Government's mission to an
8                international organization having its
9                headquarters in the United States; or
10                    (B) en route to or from another country to
11                which that alien is accredited;
12                (3) an official of a foreign government or
13            distinguished foreign visitor who has been so
14            designated by the Department of State;
15                (4) a foreign law enforcement officer of a
16            friendly foreign government entering the United
17            States on official business; or
18                (5) one who has received a waiver from the
19            Attorney General of the United States pursuant to
20            18 U.S.C. 922(y)(3);
21            (xii) He or she is not a minor subject to a
22        petition filed under Section 5-520 of the Juvenile
23        Court Act of 1987 alleging that the minor is a
24        delinquent minor for the commission of an offense that
25        if committed by an adult would be a felony;
26            (xiii) He or she is not an adult who had been

 

 

HB0183 Enrolled- 91 -LRB098 05760 MGM 35799 b

1        adjudicated a delinquent minor under the Juvenile
2        Court Act of 1987 for the commission of an offense that
3        if committed by an adult would be a felony;
4            (xiv) He or she is a resident of the State of
5        Illinois; and
6            (xv) He or she has not been adjudicated as a
7        mentally disabled person mental defective; and
8            (xvi) He or she has not been involuntarily admitted
9        into a mental health facility; and
10            (xvii) He or she is not developmentally disabled;
11        and
12        (3) Upon request by the Department of State Police,
13    sign a release on a form prescribed by the Department of
14    State Police waiving any right to confidentiality and
15    requesting the disclosure to the Department of State Police
16    of limited mental health institution admission information
17    from another state, the District of Columbia, any other
18    territory of the United States, or a foreign nation
19    concerning the applicant for the sole purpose of
20    determining whether the applicant is or was a patient in a
21    mental health institution and disqualified because of that
22    status from receiving a Firearm Owner's Identification
23    Card. No mental health care or treatment records may be
24    requested. The information received shall be destroyed
25    within one year of receipt.
26    (a-5) Each applicant for a Firearm Owner's Identification

 

 

HB0183 Enrolled- 92 -LRB098 05760 MGM 35799 b

1Card who is over the age of 18 shall furnish to the Department
2of State Police either his or her Illinois driver's license
3number or Illinois Identification Card number, except as
4provided in subsection (a-10).
5    (a-10) Each applicant for a Firearm Owner's Identification
6Card, who is employed as a law enforcement officer, an armed
7security officer in Illinois, or by the United States Military
8permanently assigned in Illinois and who is not an Illinois
9resident, shall furnish to the Department of State Police his
10or her driver's license number or state identification card
11number from his or her state of residence. The Department of
12State Police may adopt promulgate rules to enforce the
13provisions of this subsection (a-10).
14    (a-15) If an applicant applying for a Firearm Owner's
15Identification Card moves from the residence address named in
16the application, he or she shall immediately notify in a form
17and manner prescribed by the Department of State Police of that
18change of address.
19    (a-20) Each applicant for a Firearm Owner's Identification
20Card shall furnish to the Department of State Police his or her
21photograph. An applicant who is 21 years of age or older
22seeking a religious exemption to the photograph requirement
23must furnish with the application an approved copy of United
24States Department of the Treasury Internal Revenue Service Form
254029. In lieu of a photograph, an applicant regardless of age
26seeking a religious exemption to the photograph requirement

 

 

HB0183 Enrolled- 93 -LRB098 05760 MGM 35799 b

1shall submit fingerprints on a form and manner prescribed by
2the Department with his or her application.
3    (b) Each application form shall include the following
4statement printed in bold type: "Warning: Entering false
5information on an application for a Firearm Owner's
6Identification Card is punishable as a Class 2 felony in
7accordance with subsection (d-5) of Section 14 of the Firearm
8Owners Identification Card Act.".
9    (c) Upon such written consent, pursuant to Section 4,
10paragraph (a)(2)(i), the parent or legal guardian giving the
11consent shall be liable for any damages resulting from the
12applicant's use of firearms or firearm ammunition.
13(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,
14eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13.)
 
15    (430 ILCS 65/5)  (from Ch. 38, par. 83-5)
16    Sec. 5. The Department of State Police shall either approve
17or deny all applications within 30 days from the date they are
18received, and every applicant found qualified under pursuant to
19Section 8 of this Act by the Department shall be entitled to a
20Firearm Owner's Identification Card upon the payment of a $10
21fee. Any applicant who is an active duty member of the Armed
22Forces of the United States, a member of the Illinois National
23Guard, or a member of the Reserve Forces of the United States
24is exempt from the application fee. $6 of each fee derived from
25the issuance of Firearm Owner's Identification Cards, or

 

 

HB0183 Enrolled- 94 -LRB098 05760 MGM 35799 b

1renewals thereof, shall be deposited in the Wildlife and Fish
2Fund in the State Treasury; $1 of the such fee shall be
3deposited in the State Police Services Fund and $3 of the such
4fee shall be deposited in the State Police Firearm Services
5Fund. Firearm Owner's Notification Fund. Monies in the Firearm
6Owner's Notification Fund shall be used exclusively to pay for
7the cost of sending notices of expiration of Firearm Owner's
8Identification Cards under Section 13.2 of this Act. Excess
9monies in the Firearm Owner's Notification Fund shall be used
10to ensure the prompt and efficient processing of applications
11received under Section 4 of this Act.
12(Source: P.A. 95-581, eff. 6-1-08; 96-91, eff. 7-27-09.)
 
13    (430 ILCS 65/5.1 new)
14    Sec. 5.1. State Police Firearm Services Fund. All moneys
15remaining in the Firearm Owner's Notification Fund on the
16effective date of this amendatory Act of the 98th General
17Assembly shall be transferred into the State Police Firearm
18Services Fund, a special fund created in the State treasury, to
19be expended by the Department of State Police, for the purposes
20specified in this Act and Section 2605-595 of the Department of
21State Police Law of the Civil Administrative Code of Illinois.
 
22    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
23    (Text of Section before amendment by P.A. 97-1167)
24    Sec. 8. The Department of State Police has authority to

 

 

HB0183 Enrolled- 95 -LRB098 05760 MGM 35799 b

1deny an application for or to revoke and seize a Firearm
2Owner's Identification Card previously issued under this Act
3only if the Department finds that the applicant or the person
4to whom such card was issued is or was at the time of issuance:
5    (a) A person under 21 years of age who has been convicted
6of a misdemeanor other than a traffic offense or adjudged
7delinquent;
8    (b) A person under 21 years of age who does not have the
9written consent of his parent or guardian to acquire and
10possess firearms and firearm ammunition, or whose parent or
11guardian has revoked such written consent, or where such parent
12or guardian does not qualify to have a Firearm Owner's
13Identification Card;
14    (c) A person convicted of a felony under the laws of this
15or any other jurisdiction;
16    (d) A person addicted to narcotics;
17    (e) A person who has been a patient of a mental health
18facility institution within the past 5 years or a person who
19has been a patient in a mental health facility more than 5
20years ago who has not received the certification required under
21subsection (u) of this Section. An active law enforcement
22officer employed by a unit of government who is denied,
23revoked, or has his or her Firearm Owner's Identification Card
24seized under this subsection (e) may obtain relief as described
25in subsection (c-5) of Section 10 of this Act if the officer
26did not act in a manner threatening to the officer, another

 

 

HB0183 Enrolled- 96 -LRB098 05760 MGM 35799 b

1person, or the public as determined by the treating clinical
2psychologist or physician, and the officer seeks mental health
3treatment or has been adjudicated as a mental defective;
4    (f) A person whose mental condition is of such a nature
5that it poses a clear and present danger to the applicant, any
6other person or persons or the community;
7    For the purposes of this Section, "mental condition" means
8a state of mind manifested by violent, suicidal, threatening or
9assaultive behavior.
10    (g) A person who is intellectually disabled;
11    (h) A person who intentionally makes a false statement in
12the Firearm Owner's Identification Card application;
13    (i) An alien who is unlawfully present in the United States
14under the laws of the United States;
15    (i-5) An alien who has been admitted to the United States
16under a non-immigrant visa (as that term is defined in Section
17101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
181101(a)(26))), except that this subsection (i-5) does not apply
19to any alien who has been lawfully admitted to the United
20States under a non-immigrant visa if that alien is:
21        (1) admitted to the United States for lawful hunting or
22    sporting purposes;
23        (2) an official representative of a foreign government
24    who is:
25            (A) accredited to the United States Government or
26        the Government's mission to an international

 

 

HB0183 Enrolled- 97 -LRB098 05760 MGM 35799 b

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

 

 

HB0183 Enrolled- 98 -LRB098 05760 MGM 35799 b

1otherwise, results in a conviction for an offense in which a
2domestic relationship is not a required element of the offense
3but in which a determination of the applicability of 18 U.S.C.
4922(g)(9) is made under Section 112A-11.1 of the Code of
5Criminal Procedure of 1963, an entry by the court of a judgment
6of conviction for that offense shall be grounds for denying an
7application for and for revoking and seizing a Firearm Owner's
8Identification Card previously issued to the person under this
9Act;
10    (m) (Blank);
11    (n) A person who is prohibited from acquiring or possessing
12firearms or firearm ammunition by any Illinois State statute or
13by federal law;
14    (o) A minor subject to a petition filed under Section 5-520
15of the Juvenile Court Act of 1987 alleging that the minor is a
16delinquent minor for the commission of an offense that if
17committed by an adult would be a felony;
18    (p) An adult who had been adjudicated a delinquent minor
19under the Juvenile Court Act of 1987 for the commission of an
20offense that if committed by an adult would be a felony; or
21    (q) A person who is not a resident of the State of
22Illinois, except as provided in subsection (a-10) of Section
234; .
24    (r) A person who has been adjudicated as a mentally
25disabled person;
26    (s) A person who has been found to be developmentally

 

 

HB0183 Enrolled- 99 -LRB098 05760 MGM 35799 b

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

 

 

HB0183 Enrolled- 100 -LRB098 05760 MGM 35799 b

1Section 9.5 of this Act.
2(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
3eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
 
4    (Text of Section after amendment by P.A. 97-1167)
5    Sec. 8. The Department of State Police has authority to
6deny an application for or to revoke and seize a Firearm
7Owner's Identification Card previously issued under this Act
8only if the Department finds that the applicant or the person
9to whom such card was issued is or was at the time of issuance:
10    (a) A person under 21 years of age who has been convicted
11of a misdemeanor other than a traffic offense or adjudged
12delinquent;
13    (b) A person under 21 years of age who does not have the
14written consent of his parent or guardian to acquire and
15possess firearms and firearm ammunition, or whose parent or
16guardian has revoked such written consent, or where such parent
17or guardian does not qualify to have a Firearm Owner's
18Identification Card;
19    (c) A person convicted of a felony under the laws of this
20or any other jurisdiction;
21    (d) A person addicted to narcotics;
22    (e) A person who has been a patient of a mental health
23facility institution within the past 5 years or a person who
24has been a patient in a mental health facility more than 5
25years ago who has not received the certification required under

 

 

HB0183 Enrolled- 101 -LRB098 05760 MGM 35799 b

1subsection (u) of this Section. An active law enforcement
2officer employed by a unit of government who is denied,
3revoked, or has his or her Firearm Owner's Identification Card
4seized under this subsection (e) may obtain relief as described
5in subsection (c-5) of Section 10 of this Act if the officer
6did not act in a manner threatening to the officer, another
7person, or the public as determined by the treating clinical
8psychologist or physician, and the officer seeks mental health
9treatment;
10    (f) A person whose mental condition is of such a nature
11that it poses a clear and present danger to the applicant, any
12other person or persons or the community;
13    For the purposes of this Section, "mental condition" means
14a state of mind manifested by violent, suicidal, threatening or
15assaultive behavior.
16    (g) A person who is intellectually disabled;
17    (h) A person who intentionally makes a false statement in
18the Firearm Owner's Identification Card application;
19    (i) An alien who is unlawfully present in the United States
20under the laws of the United States;
21    (i-5) An alien who has been admitted to the United States
22under a non-immigrant visa (as that term is defined in Section
23101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
241101(a)(26))), except that this subsection (i-5) does not apply
25to any alien who has been lawfully admitted to the United
26States under a non-immigrant visa if that alien is:

 

 

HB0183 Enrolled- 102 -LRB098 05760 MGM 35799 b

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

 

 

HB0183 Enrolled- 103 -LRB098 05760 MGM 35799 b

1offense in another jurisdiction committed before, on or after
2January 1, 2012 (the effective date of Public Act 97-158). If
3the applicant or person who has been previously issued a
4Firearm Owner's Identification Card under this Act knowingly
5and intelligently waives the right to have an offense described
6in this paragraph (l) tried by a jury, and by guilty plea or
7otherwise, results in a conviction for an offense in which a
8domestic relationship is not a required element of the offense
9but in which a determination of the applicability of 18 U.S.C.
10922(g)(9) is made under Section 112A-11.1 of the Code of
11Criminal Procedure of 1963, an entry by the court of a judgment
12of conviction for that offense shall be grounds for denying an
13application for and for revoking and seizing a Firearm Owner's
14Identification Card previously issued to the person under this
15Act;
16    (m) (Blank);
17    (n) A person who is prohibited from acquiring or possessing
18firearms or firearm ammunition by any Illinois State statute or
19by federal law;
20    (o) A minor subject to a petition filed under Section 5-520
21of the Juvenile Court Act of 1987 alleging that the minor is a
22delinquent minor for the commission of an offense that if
23committed by an adult would be a felony;
24    (p) An adult who had been adjudicated a delinquent minor
25under the Juvenile Court Act of 1987 for the commission of an
26offense that if committed by an adult would be a felony;

 

 

HB0183 Enrolled- 104 -LRB098 05760 MGM 35799 b

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

 

 

HB0183 Enrolled- 105 -LRB098 05760 MGM 35799 b

1not apply to a person whose firearm possession rights have been
2restored through administrative or judicial action under
3Section 10 or 11 of this Act; or
4    (v) Upon revocation of a person's Firearm Owner's
5Identification Card, the Department of State Police shall
6provide notice to the person and the person shall comply with
7Section 9.5 of this Act.
8(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
9eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13;
1097-1167, eff. 6-1-13.)
 
11    (430 ILCS 65/8.1)  (from Ch. 38, par. 83-8.1)
12    Sec. 8.1. Notifications to the Circuit Clerk to notify
13Department of State Police.
14    (a) The Circuit Clerk shall, in the form and manner
15required by the Supreme Court, notify the Department of State
16Police of all final dispositions of cases for which the
17Department has received information reported to it under
18Sections 2.1 and 2.2 of the Criminal Identification Act.
19    (b) Upon adjudication of any individual as a mentally
20disabled person mental defective, as defined in Section 1.1 of
21this Act or a finding that a person has been involuntarily
22admitted or as provided in paragraph (3.5) of subsection (c) of
23Section 104-26 of the Code of Criminal Procedure of 1963, the
24court shall direct the circuit court clerk to immediately
25notify the Department of State Police, Firearm Owner's

 

 

HB0183 Enrolled- 106 -LRB098 05760 MGM 35799 b

1Identification (FOID) department, and shall forward a copy of
2the court order to the Department.
3    (c) The Department of Human Services shall, in the form and
4manner prescribed by the Department of State Police, report all
5information collected under subsection (b) of Section 12 of the
6Mental Health and Developmental Disabilities Confidentiality
7Act for the purpose of determining whether a person who may be
8or may have been a patient in a mental health facility is
9disqualified under State or federal law from receiving or
10retaining a Firearm Owner's Identification Card, or purchasing
11a weapon.
12    (d) If a person is determined to pose a clear and present
13danger to himself, herself, or to others by a physician,
14clinical psychologist, qualified examiner, law enforcement
15official, or school administrator, or is determined to be
16developmentally disabled by a physician, clinical
17psychologist, or qualified examiner, whether employed by the
18State or by a private mental health facility, then the
19physician, clinical psychologist, or qualified examiner shall,
20within 24 hours of making the determination, notify the
21Department of Human Services that the person poses a clear and
22present danger. The Department of Human Services shall
23immediately update its records and information relating to
24mental health and developmental disabilities, and if
25appropriate, shall notify the Department of State Police in a
26form and manner prescribed by the Department of State Police.

 

 

HB0183 Enrolled- 107 -LRB098 05760 MGM 35799 b

1The Department of State Police shall determine whether to
2revoke the person's Firearm Owner's Identification Card under
3Section 8 of this Act. Any information disclosed under this
4subsection shall remain privileged and confidential, and shall
5not be redisclosed, except as required under subsection (e) of
6Section 3.1 of this Act, nor used for any other purpose. The
7method of providing this information shall guarantee that the
8information is not released beyond what is necessary for the
9purpose of this Section and shall be provided by rule by the
10Department of Human Services. The identity of the person
11reporting under this Section shall not be disclosed to the
12subject of the report. The physician, clinical psychologist,
13qualified examiner, law enforcement official, or school
14administrator making the determination and his or her employer
15shall not be held criminally, civilly, or professionally liable
16for making or not making the notification required under this
17subsection, except for willful or wanton misconduct.
18    (e) The Department of State Police shall adopt rules to
19implement this Section.
20(Source: P.A. 97-1131, eff. 1-1-13.)
 
21    (430 ILCS 65/9)  (from Ch. 38, par. 83-9)
22    Sec. 9. Every person whose application for a Firearm
23Owner's Identification Card is denied, and every holder of such
24a Card whose Card is revoked or seized, shall receive a written
25notice from the Department of State Police stating specifically

 

 

HB0183 Enrolled- 108 -LRB098 05760 MGM 35799 b

1the grounds upon which his application has been denied or upon
2which his Identification Card has been revoked. The written
3notice shall include the requirements of Section 9.5 of this
4Act and the persons's right to administrative or judicial
5review under Section 10 and 11 of this Act. A copy of the
6written notice shall be provided to the sheriff and law
7enforcement agency where the person resides.
8(Source: P.A. 97-1131, eff. 1-1-13.)
 
9    (430 ILCS 65/9.5 new)
10    Sec. 9.5. Revocation of Firearm Owner's Identification
11Card.
12    (a) A person who receives a revocation notice under Section
139 of this Act shall, within 48 hours of receiving notice of the
14revocation:
15        (1) surrender his or her Firearm Owner's
16    Identification Card to the local law enforcement agency
17    where the person resides. The local law enforcement agency
18    shall provide the person a receipt and transmit the Firearm
19    Owner's Identification Card to the Department of State
20    Police; and
21        (2) complete a Firearm Disposition Record on a form
22    prescribed by the Department of State Police and place his
23    or her firearms in the location or with the person reported
24    in the Firearm Disposition Record. The form shall require
25    the person to disclose:

 

 

HB0183 Enrolled- 109 -LRB098 05760 MGM 35799 b

1            (A) the make, model, and serial number of each
2        firearm owned by or under the custody and control of
3        the revoked person;
4            (B) the location where each firearm will be
5        maintained during the prohibited term; and
6            (C) if any firearm will be transferred to the
7        custody of another person, the name, address and
8        Firearm Owner's Identification Card number of the
9        transferee.
10    (b) The local law enforcement agency shall provide a copy
11of the Firearm Disposition Record to the person whose Firearm
12Owner's Identification Card has been revoked and to the
13Department of State Police.
14    (c) If the person whose Firearm Owner's Identification Card
15has been revoked fails to comply with the requirements of this
16Section, the sheriff or law enforcement agency where the person
17resides may petition the circuit court to issue a warrant to
18search for and seize the Firearm Owner's Identification Card
19and firearms in the possession or under the custody or control
20of the person whose Firearm Owner's Identification Card has
21been revoked.
22    (d) A violation of subsection (a) of this Section is a
23Class A misdemeanor.
24    (e) The observation of a Firearm Owner's Identification
25Card in the possession of a person whose Firearm Owner's
26Identification Card has been revoked constitutes a sufficient

 

 

HB0183 Enrolled- 110 -LRB098 05760 MGM 35799 b

1basis for the arrest of that person for violation of this
2Section.
3    (f) Within 30 days after the effective date of this
4amendatory Act of the 98th General Assembly, the Department of
5State Police shall provide written notice of the requirements
6of this Section to persons whose Firearm Owner's Identification
7Cards have been revoked, suspended, or expired and who have
8failed to surrender their cards to the Department.
9    (g) A person whose Firearm Owner's Identification Card has
10been revoked and who received notice under subsection (f) shall
11comply with the requirements of this Section within 48 hours of
12receiving notice.
 
13    (430 ILCS 65/10)  (from Ch. 38, par. 83-10)
14    (Text of Section before amendment by P.A. 97-1167)
15    Sec. 10. Appeal to director; hearing; relief from firearm
16prohibitions.
17    (a) Whenever an application for a Firearm Owner's
18Identification Card is denied, whenever the Department fails to
19act on an application within 30 days of its receipt, or
20whenever such a Card is revoked or seized as provided for in
21Section 8 of this Act, the aggrieved party may appeal to the
22Director of State Police for a hearing upon such denial,
23revocation or seizure, unless the denial, revocation, or
24seizure was based upon a forcible felony, stalking, aggravated
25stalking, domestic battery, any violation of the Illinois

 

 

HB0183 Enrolled- 111 -LRB098 05760 MGM 35799 b

1Controlled Substances Act, the Methamphetamine Control and
2Community Protection Act, or the Cannabis Control Act that is
3classified as a Class 2 or greater felony, any felony violation
4of Article 24 of the Criminal Code of 1961 or the Criminal Code
5of 2012, or any adjudication as a delinquent minor for the
6commission of an offense that if committed by an adult would be
7a felony, in which case the aggrieved party may petition the
8circuit court in writing in the county of his or her residence
9for a hearing upon such denial, revocation, or seizure.
10    (b) At least 30 days before any hearing in the circuit
11court, the petitioner shall serve the relevant State's Attorney
12with a copy of the petition. The State's Attorney may object to
13the petition and present evidence. At the hearing the court
14shall determine whether substantial justice has been done.
15Should the court determine that substantial justice has not
16been done, the court shall issue an order directing the
17Department of State Police to issue a Card. However, the court
18shall not issue the order if the petitioner is otherwise
19prohibited from obtaining, possessing, or using a firearm under
20federal law.
21    (c) Any person prohibited from possessing a firearm under
22Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
23acquiring a Firearm Owner's Identification Card under Section 8
24of this Act may apply to the Director of State Police or
25petition the circuit court in the county where the petitioner
26resides, whichever is applicable in accordance with subsection

 

 

HB0183 Enrolled- 112 -LRB098 05760 MGM 35799 b

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

 

 

HB0183 Enrolled- 113 -LRB098 05760 MGM 35799 b

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

 

 

HB0183 Enrolled- 114 -LRB098 05760 MGM 35799 b

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

 

 

HB0183 Enrolled- 115 -LRB098 05760 MGM 35799 b

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

 

 

HB0183 Enrolled- 116 -LRB098 05760 MGM 35799 b

1reputation, developed at a minimum through character witness
2statements, testimony, or other character evidence; and (iv)
3changes in the petitioner's condition or circumstances since
4the disqualifying events relevant to the relief sought. If
5relief is granted under this subsection or by order of a court
6under this Section, the Director shall as soon as practicable
7but in no case later than 15 business days, update, correct,
8modify, or remove the person's record in any database that the
9Department of State Police makes available to the National
10Instant Criminal Background Check System and notify the United
11States Attorney General that the basis for the record being
12made available no longer applies. The Department of State
13Police shall adopt rules for the administration of this Section
14subsection (f).
15(Source: P.A. 96-1368, eff. 7-28-10; 97-1131, eff. 1-1-13;
1697-1150, eff. 1-25-13.)
 
17    (Text of Section after amendment by P.A. 97-1167)
18    Sec. 10. Appeal to director; hearing; relief from firearm
19prohibitions.
20    (a) Whenever an application for a Firearm Owner's
21Identification Card is denied, whenever the Department fails to
22act on an application within 30 days of its receipt, or
23whenever such a Card is revoked or seized as provided for in
24Section 8 of this Act, the aggrieved party may appeal to the
25Director of State Police for a hearing upon such denial,

 

 

HB0183 Enrolled- 117 -LRB098 05760 MGM 35799 b

1revocation or seizure, unless the denial, revocation, or
2seizure was based upon a forcible felony, stalking, aggravated
3stalking, domestic battery, any violation of the Illinois
4Controlled Substances Act, the Methamphetamine Control and
5Community Protection Act, or the Cannabis Control Act that is
6classified as a Class 2 or greater felony, any felony violation
7of Article 24 of the Criminal Code of 1961 or the Criminal Code
8of 2012, or any adjudication as a delinquent minor for the
9commission of an offense that if committed by an adult would be
10a felony, in which case the aggrieved party may petition the
11circuit court in writing in the county of his or her residence
12for a hearing upon such denial, revocation, or seizure.
13    (b) At least 30 days before any hearing in the circuit
14court, the petitioner shall serve the relevant State's Attorney
15with a copy of the petition. The State's Attorney may object to
16the petition and present evidence. At the hearing the court
17shall determine whether substantial justice has been done.
18Should the court determine that substantial justice has not
19been done, the court shall issue an order directing the
20Department of State Police to issue a Card. However, the court
21shall not issue the order if the petitioner is otherwise
22prohibited from obtaining, possessing, or using a firearm under
23federal law.
24    (c) Any person prohibited from possessing a firearm under
25Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
26acquiring a Firearm Owner's Identification Card under Section 8

 

 

HB0183 Enrolled- 118 -LRB098 05760 MGM 35799 b

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

 

 

HB0183 Enrolled- 119 -LRB098 05760 MGM 35799 b

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

 

 

HB0183 Enrolled- 120 -LRB098 05760 MGM 35799 b

1    within 30 business days of receipt of:
2            (A) a notarized statement from the officer in the
3        form prescribed by the Director detailing the
4        circumstances that led to the hospitalization;
5            (B) all documentation regarding the admission,
6        evaluation, treatment and discharge from the treating
7        licensed clinical psychologist or psychiatrist of the
8        officer;
9            (C) a psychological fitness for duty evaluation of
10        the person completed after the time of discharge; and
11            (D) written confirmation in the form prescribed by
12        the Director from the treating licensed clinical
13        psychologist or psychiatrist that the provisions set
14        forth in paragraph (1) of this subsection (c-5) have
15        been met, the person successfully completed treatment,
16        and their professional opinion regarding the person's
17        ability to possess firearms.
18        (3) Officers eligible for the expedited relief in
19    paragraph (2) of this subsection (c-5) have the burden of
20    proof on eligibility and must provide all information
21    required. The Director may not consider granting expedited
22    relief until the proof and information is received.
23        (4) "Clinical psychologist", "psychiatrist", and
24    "qualified examiner" shall have the same meaning as
25    provided in Chapter 1 of the Mental Health and
26    Developmental Disabilities Code.

 

 

HB0183 Enrolled- 121 -LRB098 05760 MGM 35799 b

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

 

 

HB0183 Enrolled- 122 -LRB098 05760 MGM 35799 b

1(i) the circumstances regarding the firearms disabilities from
2which relief is sought; (ii) the petitioner's mental health and
3criminal history records, if any; (iii) the petitioner's
4reputation, developed at a minimum through character witness
5statements, testimony, or other character evidence; and (iv)
6changes in the petitioner's condition or circumstances since
7the disqualifying events relevant to the relief sought. If
8relief is granted under this subsection or by order of a court
9under this Section, the Director shall as soon as practicable
10but in no case later than 15 business days, update, correct,
11modify, or remove the person's record in any database that the
12Department of State Police makes available to the National
13Instant Criminal Background Check System and notify the United
14States Attorney General that the basis for the record being
15made available no longer applies. The Department of State
16Police shall adopt rules for the administration of this Section
17subsection (f).
18(Source: P.A. 96-1368, eff. 7-28-10; 97-1131, eff. 1-1-13;
1997-1150, eff. 1-25-13; 97-1167, eff. 6-1-13.)
 
20    (430 ILCS 65/13.1)  (from Ch. 38, par. 83-13.1)
21    Sec. 13.1. Preemption.
22    (a) Except as otherwise provided in the Firearm Concealed
23Carry Act and subsections (b) and (c) of this Section, the The
24provisions of any ordinance enacted by any municipality which
25requires registration or imposes greater restrictions or

 

 

HB0183 Enrolled- 123 -LRB098 05760 MGM 35799 b

1limitations on the acquisition, possession and transfer of
2firearms than are imposed by this Act, are not invalidated or
3affected by this Act.
4    (b) Notwithstanding subsection (a) of this Section, the
5regulation, licensing, possession, and registration of
6handguns and ammunition for a handgun, and the transportation
7of any firearm and ammunition by a holder of a valid Firearm
8Owner's Identification Card issued by the Department of State
9Police under this Act are exclusive powers and functions of
10this State. Any ordinance or regulation, or portion of that
11ordinance or regulation, enacted on or before the effective
12date of this amendatory Act of the 98th General Assembly that
13purports to impose regulations or restrictions on a holder of a
14valid Firearm Owner's Identification Card issued by the
15Department of State Police under this Act in a manner that is
16inconsistent with this Act, on the effective date of this
17amendatory Act of the 98th General Assembly, shall be invalid
18in its application to a holder of a valid Firearm Owner's
19Identification Card issued by the Department of State Police
20under this Act.
21    (c) Notwithstanding subsection (a) of this Section, the
22regulation of the possession or ownership of assault weapons
23are exclusive powers and functions of this State. Any ordinance
24or regulation, or portion of that ordinance or regulation, that
25purports to regulate the possession or ownership of assault
26weapons in a manner that is inconsistent with this Act, shall

 

 

HB0183 Enrolled- 124 -LRB098 05760 MGM 35799 b

1be invalid unless the ordinance or regulation is enacted on,
2before, or within 10 days after the effective date of this
3amendatory Act of the 98th General Assembly. Any ordinance or
4regulation described in this subsection (c) enacted more than
510 days after the effective date of this amendatory Act of the
698th General Assembly is invalid. An ordinance enacted on,
7before, or within 10 days after the effective date of this
8amendatory Act of the 98th General Assembly may be amended. The
9enactment or amendment of ordinances under this subsection (c)
10are subject to the submission requirements of Section 13.3. For
11the purposes of this subsection, "assault weapons" means
12firearms designated by either make or model or by a test or
13list of cosmetic features that cumulatively would place the
14firearm into a definition of "assault weapon" under the
15ordinance.
16    (d) For the purposes of this Section, "handgun" has the
17meaning ascribed to it in Section 5 of the Firearm Concealed
18Carry Act.
19    (e) This Section is a denial and limitation of home rule
20powers and functions under subsection (h) of Section 6 of
21Article VII of the Illinois Constitution.
22(Source: P.A. 76-1939.)
 
23    (430 ILCS 65/13.2)  (from Ch. 38, par. 83-13.2)
24    Sec. 13.2. The Department of State Police shall, 60 days
25prior to the expiration of a Firearm Owner's Identification

 

 

HB0183 Enrolled- 125 -LRB098 05760 MGM 35799 b

1Card, forward by first class mail to each person whose card is
2to expire a notification of the expiration of the card and an
3application which may be used to apply for renewal of the card.
4It is the obligation of the holder of a Firearm Owner's
5Identification Card to notify the Department of State Police of
6any address change since the issuance of the Firearm Owner's
7Identification Card. Whenever any person moves from the
8residence address named on his or her card, the person shall
9within 21 calendar days thereafter notify in a form and manner
10prescribed by the Department of his or her old and new
11residence addresses and the card number held by him or her. Any
12person whose legal name has changed from the name on the card
13that he or she has been previously issued must apply for a
14corrected card within 30 calendar days after the change. The
15cost for a corrected card shall be $5 which shall be deposited
16into the State Police Firearm Services Fund Firearm Owner's
17Notification Fund.
18(Source: P.A. 97-1131, eff. 1-1-13.)
 
19    Section 155. The Criminal Code of 2012 is amended by
20changing Sections 24-1.6 and 24-2 as follows:
 
21    (720 ILCS 5/24-1.6)
22    Sec. 24-1.6. Aggravated unlawful use of a weapon.
23    (a) A person commits the offense of aggravated unlawful use
24of a weapon when he or she knowingly:

 

 

HB0183 Enrolled- 126 -LRB098 05760 MGM 35799 b

1        (1) Carries on or about his or her person or in any
2    vehicle or concealed on or about his or her person except
3    when on his or her land or in his or her abode, legal
4    dwelling, or fixed place of business, or on the land or in
5    the legal dwelling of another person as an invitee with
6    that person's permission, any pistol, revolver, stun gun or
7    taser or other firearm; or
8        (2) Carries or possesses on or about his or her person,
9    upon any public street, alley, or other public lands within
10    the corporate limits of a city, village or incorporated
11    town, except when an invitee thereon or therein, for the
12    purpose of the display of such weapon or the lawful
13    commerce in weapons, or except when on his or her own land
14    or in his or her own abode, legal dwelling, or fixed place
15    of business, or on the land or in the legal dwelling of
16    another person as an invitee with that person's permission,
17    any pistol, revolver, stun gun or taser or other firearm;
18    and
19        (3) One of the following factors is present:
20            (A) the firearm, other than a pistol, revolver, or
21        handgun, possessed was uncased, loaded, and
22        immediately accessible at the time of the offense; or
23            (A-5) the pistol, revolver, or handgun possessed
24        was uncased, loaded, and immediately accessible at the
25        time of the offense and the person possessing the
26        pistol, revolver, or handgun has not been issued a

 

 

HB0183 Enrolled- 127 -LRB098 05760 MGM 35799 b

1        currently valid license under the Firearm Concealed
2        Carry Act; or
3            (B) the firearm, other than a pistol, revolver, or
4        handgun, possessed was uncased, unloaded, and the
5        ammunition for the weapon was immediately accessible
6        at the time of the offense; or
7            (B-5) the pistol, revolver, or handgun possessed
8        was uncased, unloaded, and the ammunition for the
9        weapon was immediately accessible at the time of the
10        offense and the person possessing the pistol,
11        revolver, or handgun has not been issued a currently
12        valid license under the Firearm Concealed Carry Act; or
13            (C) the person possessing the firearm has not been
14        issued a currently valid Firearm Owner's
15        Identification Card; or
16            (D) the person possessing the weapon was
17        previously adjudicated a delinquent minor under the
18        Juvenile Court Act of 1987 for an act that if committed
19        by an adult would be a felony; or
20            (E) the person possessing the weapon was engaged in
21        a misdemeanor violation of the Cannabis Control Act, in
22        a misdemeanor violation of the Illinois Controlled
23        Substances Act, or in a misdemeanor violation of the
24        Methamphetamine Control and Community Protection Act;
25        or
26            (F) (blank); or

 

 

HB0183 Enrolled- 128 -LRB098 05760 MGM 35799 b

1            (G) the person possessing the weapon had a order of
2        protection issued against him or her within the
3        previous 2 years; or
4            (H) the person possessing the weapon was engaged in
5        the commission or attempted commission of a
6        misdemeanor involving the use or threat of violence
7        against the person or property of another; or
8            (I) the person possessing the weapon was under 21
9        years of age and in possession of a handgun as defined
10        in Section 24-3, unless the person under 21 is engaged
11        in lawful activities under the Wildlife Code or
12        described in subsection 24-2(b)(1), (b)(3), or
13        24-2(f).
14    (a-5) "Handgun" as used in this Section has the meaning
15given to it in Section 5 of the Firearm Concealed Carry Act.
16    (b) "Stun gun or taser" as used in this Section has the
17same definition given to it in Section 24-1 of this Code.
18    (c) This Section does not apply to or affect the
19transportation or possession of weapons that:
20            (i) are broken down in a non-functioning state; or
21            (ii) are not immediately accessible; or
22            (iii) are unloaded and enclosed in a case, firearm
23        carrying box, shipping box, or other container by a
24        person who has been issued a currently valid Firearm
25        Owner's Identification Card.
26    (d) Sentence.

 

 

HB0183 Enrolled- 129 -LRB098 05760 MGM 35799 b

1         (1) Aggravated unlawful use of a weapon is a Class 4
2    felony; a second or subsequent offense is a Class 2 felony
3    for which the person shall be sentenced to a term of
4    imprisonment of not less than 3 years and not more than 7
5    years.
6        (2) Except as otherwise provided in paragraphs (3) and
7    (4) of this subsection (d), a first offense of aggravated
8    unlawful use of a weapon committed with a firearm by a
9    person 18 years of age or older where the factors listed in
10    both items (A) and (C) or both items (A-5) and (C) of
11    paragraph (3) of subsection (a) are present is a Class 4
12    felony, for which the person shall be sentenced to a term
13    of imprisonment of not less than one year and not more than
14    3 years.
15        (3) Aggravated unlawful use of a weapon by a person who
16    has been previously convicted of a felony in this State or
17    another jurisdiction is a Class 2 felony for which the
18    person shall be sentenced to a term of imprisonment of not
19    less than 3 years and not more than 7 years.
20        (4) Aggravated unlawful use of a weapon while wearing
21    or in possession of body armor as defined in Section 33F-1
22    by a person who has not been issued a valid Firearms
23    Owner's Identification Card in accordance with Section 5 of
24    the Firearm Owners Identification Card Act is a Class X
25    felony.
26    (e) The possession of each firearm in violation of this

 

 

HB0183 Enrolled- 130 -LRB098 05760 MGM 35799 b

1Section constitutes a single and separate violation.
2(Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09;
396-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)
 
4    (720 ILCS 5/24-2)
5    Sec. 24-2. Exemptions.
6    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
724-1(a)(13) and Section 24-1.6 do not apply to or affect any of
8the following:
9        (1) Peace officers, and any person summoned by a peace
10    officer to assist in making arrests or preserving the
11    peace, while actually engaged in assisting such officer.
12        (2) Wardens, superintendents and keepers of prisons,
13    penitentiaries, jails and other institutions for the
14    detention of persons accused or convicted of an offense,
15    while in the performance of their official duty, or while
16    commuting between their homes and places of employment.
17        (3) Members of the Armed Services or Reserve Forces of
18    the United States or the Illinois National Guard or the
19    Reserve Officers Training Corps, while in the performance
20    of their official duty.
21        (4) Special agents employed by a railroad or a public
22    utility to perform police functions, and guards of armored
23    car companies, while actually engaged in the performance of
24    the duties of their employment or commuting between their
25    homes and places of employment; and watchmen while actually

 

 

HB0183 Enrolled- 131 -LRB098 05760 MGM 35799 b

1    engaged in the performance of the duties of their
2    employment.
3        (5) Persons licensed as private security contractors,
4    private detectives, or private alarm contractors, or
5    employed by an agency certified by the Department of
6    Financial and Professional Regulation, if their duties
7    include the carrying of a weapon under the provisions of
8    the Private Detective, Private Alarm, Private Security,
9    Fingerprint Vendor, and Locksmith Act of 2004, while
10    actually engaged in the performance of the duties of their
11    employment or commuting between their homes and places of
12    employment, provided that such commuting is accomplished
13    within one hour from departure from home or place of
14    employment, as the case may be. A person shall be
15    considered eligible for this exemption if he or she has
16    completed the required 20 hours of training for a private
17    security contractor, private detective, or private alarm
18    contractor, or employee of a licensed agency and 20 hours
19    of required firearm training, and has been issued a firearm
20    control card by the Department of Financial and
21    Professional Regulation. Conditions for the renewal of
22    firearm control cards issued under the provisions of this
23    Section shall be the same as for those cards issued under
24    the provisions of the Private Detective, Private Alarm,
25    Private Security, Fingerprint Vendor, and Locksmith Act of
26    2004. The firearm control card shall be carried by the

 

 

HB0183 Enrolled- 132 -LRB098 05760 MGM 35799 b

1    private security contractor, private detective, or private
2    alarm contractor, or employee of the licensed agency at all
3    times when he or she is in possession of a concealable
4    weapon.
5        (6) Any person regularly employed in a commercial or
6    industrial operation as a security guard for the protection
7    of persons employed and private property related to such
8    commercial or industrial operation, while actually engaged
9    in the performance of his or her duty or traveling between
10    sites or properties belonging to the employer, and who, as
11    a security guard, is a member of a security force of at
12    least 5 persons registered with the Department of Financial
13    and Professional Regulation; provided that such security
14    guard has successfully completed a course of study,
15    approved by and supervised by the Department of Financial
16    and Professional Regulation, consisting of not less than 40
17    hours of training that includes the theory of law
18    enforcement, liability for acts, and the handling of
19    weapons. A person shall be considered eligible for this
20    exemption if he or she has completed the required 20 hours
21    of training for a security officer and 20 hours of required
22    firearm training, and has been issued a firearm control
23    card by the Department of Financial and Professional
24    Regulation. Conditions for the renewal of firearm control
25    cards issued under the provisions of this Section shall be
26    the same as for those cards issued under the provisions of

 

 

HB0183 Enrolled- 133 -LRB098 05760 MGM 35799 b

1    the Private Detective, Private Alarm, Private Security,
2    Fingerprint Vendor, and Locksmith Act of 2004. The firearm
3    control card shall be carried by the security guard at all
4    times when he or she is in possession of a concealable
5    weapon.
6        (7) Agents and investigators of the Illinois
7    Legislative Investigating Commission authorized by the
8    Commission to carry the weapons specified in subsections
9    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
10    any investigation for the Commission.
11        (8) Persons employed by a financial institution for the
12    protection of other employees and property related to such
13    financial institution, while actually engaged in the
14    performance of their duties, commuting between their homes
15    and places of employment, or traveling between sites or
16    properties owned or operated by such financial
17    institution, provided that any person so employed has
18    successfully completed a course of study, approved by and
19    supervised by the Department of Financial and Professional
20    Regulation, consisting of not less than 40 hours of
21    training which includes theory of law enforcement,
22    liability for acts, and the handling of weapons. A person
23    shall be considered to be eligible for this exemption if he
24    or she has completed the required 20 hours of training for
25    a security officer and 20 hours of required firearm
26    training, and has been issued a firearm control card by the

 

 

HB0183 Enrolled- 134 -LRB098 05760 MGM 35799 b

1    Department of Financial and Professional Regulation.
2    Conditions for renewal of firearm control cards issued
3    under the provisions of this Section shall be the same as
4    for those issued under the provisions of the Private
5    Detective, Private Alarm, Private Security, Fingerprint
6    Vendor, and Locksmith Act of 2004. Such firearm control
7    card shall be carried by the person so trained at all times
8    when such person is in possession of a concealable weapon.
9    For purposes of this subsection, "financial institution"
10    means a bank, savings and loan association, credit union or
11    company providing armored car services.
12        (9) Any person employed by an armored car company to
13    drive an armored car, while actually engaged in the
14    performance of his duties.
15        (10) Persons who have been classified as peace officers
16    pursuant to the Peace Officer Fire Investigation Act.
17        (11) Investigators of the Office of the State's
18    Attorneys Appellate Prosecutor authorized by the board of
19    governors of the Office of the State's Attorneys Appellate
20    Prosecutor to carry weapons pursuant to Section 7.06 of the
21    State's Attorneys Appellate Prosecutor's Act.
22        (12) Special investigators appointed by a State's
23    Attorney under Section 3-9005 of the Counties Code.
24        (12.5) Probation officers while in the performance of
25    their duties, or while commuting between their homes,
26    places of employment or specific locations that are part of

 

 

HB0183 Enrolled- 135 -LRB098 05760 MGM 35799 b

1    their assigned duties, with the consent of the chief judge
2    of the circuit for which they are employed.
3        (13) Court Security Officers while in the performance
4    of their official duties, or while commuting between their
5    homes and places of employment, with the consent of the
6    Sheriff.
7        (13.5) A person employed as an armed security guard at
8    a nuclear energy, storage, weapons or development site or
9    facility regulated by the Nuclear Regulatory Commission
10    who has completed the background screening and training
11    mandated by the rules and regulations of the Nuclear
12    Regulatory Commission.
13        (14) Manufacture, transportation, or sale of weapons
14    to persons authorized under subdivisions (1) through
15    (13.5) of this subsection to possess those weapons.
16    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
17to or affect any person carrying a concealed pistol, revolver,
18or handgun and the person has been issued a currently valid
19license under the Firearm Concealed Carry Act at the time of
20the commission of the offense.
21    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2224-1.6 do not apply to or affect any of the following:
23        (1) Members of any club or organization organized for
24    the purpose of practicing shooting at targets upon
25    established target ranges, whether public or private, and
26    patrons of such ranges, while such members or patrons are

 

 

HB0183 Enrolled- 136 -LRB098 05760 MGM 35799 b

1    using their firearms on those target ranges.
2        (2) Duly authorized military or civil organizations
3    while parading, with the special permission of the
4    Governor.
5        (3) Hunters, trappers or fishermen with a license or
6    permit while engaged in hunting, trapping or fishing.
7        (4) Transportation of weapons that are broken down in a
8    non-functioning state or are not immediately accessible.
9        (5) Carrying or possessing any pistol, revolver, stun
10    gun or taser or other firearm on the land or in the legal
11    dwelling of another person as an invitee with that person's
12    permission.
13    (c) Subsection 24-1(a)(7) does not apply to or affect any
14of the following:
15        (1) Peace officers while in performance of their
16    official duties.
17        (2) Wardens, superintendents and keepers of prisons,
18    penitentiaries, jails and other institutions for the
19    detention of persons accused or convicted of an offense.
20        (3) Members of the Armed Services or Reserve Forces of
21    the United States or the Illinois National Guard, while in
22    the performance of their official duty.
23        (4) Manufacture, transportation, or sale of machine
24    guns to persons authorized under subdivisions (1) through
25    (3) of this subsection to possess machine guns, if the
26    machine guns are broken down in a non-functioning state or

 

 

HB0183 Enrolled- 137 -LRB098 05760 MGM 35799 b

1    are not immediately accessible.
2        (5) Persons licensed under federal law to manufacture
3    any weapon from which 8 or more shots or bullets can be
4    discharged by a single function of the firing device, or
5    ammunition for such weapons, and actually engaged in the
6    business of manufacturing such weapons or ammunition, but
7    only with respect to activities which are within the lawful
8    scope of such business, such as the manufacture,
9    transportation, or testing of such weapons or ammunition.
10    This exemption does not authorize the general private
11    possession of any weapon from which 8 or more shots or
12    bullets can be discharged by a single function of the
13    firing device, but only such possession and activities as
14    are within the lawful scope of a licensed manufacturing
15    business described in this paragraph.
16        During transportation, such weapons shall be broken
17    down in a non-functioning state or not immediately
18    accessible.
19        (6) The manufacture, transport, testing, delivery,
20    transfer or sale, and all lawful commercial or experimental
21    activities necessary thereto, of rifles, shotguns, and
22    weapons made from rifles or shotguns, or ammunition for
23    such rifles, shotguns or weapons, where engaged in by a
24    person operating as a contractor or subcontractor pursuant
25    to a contract or subcontract for the development and supply
26    of such rifles, shotguns, weapons or ammunition to the

 

 

HB0183 Enrolled- 138 -LRB098 05760 MGM 35799 b

1    United States government or any branch of the Armed Forces
2    of the United States, when such activities are necessary
3    and incident to fulfilling the terms of such contract.
4        The exemption granted under this subdivision (c)(6)
5    shall also apply to any authorized agent of any such
6    contractor or subcontractor who is operating within the
7    scope of his employment, where such activities involving
8    such weapon, weapons or ammunition are necessary and
9    incident to fulfilling the terms of such contract.
10        During transportation, any such weapon shall be broken
11    down in a non-functioning state, or not immediately
12    accessible.
13        (7) A person possessing a rifle with a barrel or
14    barrels less than 16 inches in length if: (A) the person
15    has been issued a Curios and Relics license from the U.S.
16    Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
17    the person is an active member of a bona fide, nationally
18    recognized military re-enacting group and the modification
19    is required and necessary to accurately portray the weapon
20    for historical re-enactment purposes; the re-enactor is in
21    possession of a valid and current re-enacting group
22    membership credential; and the overall length of the weapon
23    as modified is not less than 26 inches.
24        During transportation, any such weapon shall be broken
25    down in a non-functioning state, or not immediately
26    accessible.

 

 

HB0183 Enrolled- 139 -LRB098 05760 MGM 35799 b

1    (d) Subsection 24-1(a)(1) does not apply to the purchase,
2possession or carrying of a black-jack or slung-shot by a peace
3officer.
4    (e) Subsection 24-1(a)(8) does not apply to any owner,
5manager or authorized employee of any place specified in that
6subsection nor to any law enforcement officer.
7    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
8Section 24-1.6 do not apply to members of any club or
9organization organized for the purpose of practicing shooting
10at targets upon established target ranges, whether public or
11private, while using their firearms on those target ranges.
12    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
13to:
14        (1) Members of the Armed Services or Reserve Forces of
15    the United States or the Illinois National Guard, while in
16    the performance of their official duty.
17        (2) Bonafide collectors of antique or surplus military
18    ordinance.
19        (3) Laboratories having a department of forensic
20    ballistics, or specializing in the development of
21    ammunition or explosive ordinance.
22        (4) Commerce, preparation, assembly or possession of
23    explosive bullets by manufacturers of ammunition licensed
24    by the federal government, in connection with the supply of
25    those organizations and persons exempted by subdivision
26    (g)(1) of this Section, or like organizations and persons

 

 

HB0183 Enrolled- 140 -LRB098 05760 MGM 35799 b

1    outside this State, or the transportation of explosive
2    bullets to any organization or person exempted in this
3    Section by a common carrier or by a vehicle owned or leased
4    by an exempted manufacturer.
5    (g-5) Subsection 24-1(a)(6) does not apply to or affect
6persons licensed under federal law to manufacture any device or
7attachment of any kind designed, used, or intended for use in
8silencing the report of any firearm, firearms, or ammunition
9for those firearms equipped with those devices, and actually
10engaged in the business of manufacturing those devices,
11firearms, or ammunition, but only with respect to activities
12that are within the lawful scope of that business, such as the
13manufacture, transportation, or testing of those devices,
14firearms, or ammunition. This exemption does not authorize the
15general private possession of any device or attachment of any
16kind designed, used, or intended for use in silencing the
17report of any firearm, but only such possession and activities
18as are within the lawful scope of a licensed manufacturing
19business described in this subsection (g-5). During
20transportation, these devices shall be detached from any weapon
21or not immediately accessible.
22    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2324-1.6 do not apply to or affect any parole agent or parole
24supervisor who meets the qualifications and conditions
25prescribed in Section 3-14-1.5 of the Unified Code of
26Corrections.

 

 

HB0183 Enrolled- 141 -LRB098 05760 MGM 35799 b

1    (g-7) Subsection 24-1(a)(6) does not apply to a peace
2officer while serving as a member of a tactical response team
3or special operations team. A peace officer may not personally
4own or apply for ownership of a device or attachment of any
5kind designed, used, or intended for use in silencing the
6report of any firearm. These devices shall be owned and
7maintained by lawfully recognized units of government whose
8duties include the investigation of criminal acts.
9    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
1024-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
11athlete's possession, transport on official Olympic and
12Paralympic transit systems established for athletes, or use of
13competition firearms sanctioned by the International Olympic
14Committee, the International Paralympic Committee, the
15International Shooting Sport Federation, or USA Shooting in
16connection with such athlete's training for and participation
17in shooting competitions at the 2016 Olympic and Paralympic
18Games and sanctioned test events leading up to the 2016 Olympic
19and Paralympic Games.
20    (h) An information or indictment based upon a violation of
21any subsection of this Article need not negative any exemptions
22contained in this Article. The defendant shall have the burden
23of proving such an exemption.
24    (i) Nothing in this Article shall prohibit, apply to, or
25affect the transportation, carrying, or possession, of any
26pistol or revolver, stun gun, taser, or other firearm consigned

 

 

HB0183 Enrolled- 142 -LRB098 05760 MGM 35799 b

1to a common carrier operating under license of the State of
2Illinois or the federal government, where such transportation,
3carrying, or possession is incident to the lawful
4transportation in which such common carrier is engaged; and
5nothing in this Article shall prohibit, apply to, or affect the
6transportation, carrying, or possession of any pistol,
7revolver, stun gun, taser, or other firearm, not the subject of
8and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
9this Article, which is unloaded and enclosed in a case, firearm
10carrying box, shipping box, or other container, by the
11possessor of a valid Firearm Owners Identification Card.
12(Source: P.A. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742,
13eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11;
1497-676, eff. 6-1-12; 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13;
15revised 8-23-12.)
 
16    Section 160. The Code of Criminal Procedure of 1963 is
17amended by changing Section 112A-14 as follows:
 
18    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
19    Sec. 112A-14. Order of protection; remedies.
20    (a) Issuance of order. If the court finds that petitioner
21has been abused by a family or household member, as defined in
22this Article, an order of protection prohibiting such abuse
23shall issue; provided that petitioner must also satisfy the
24requirements of one of the following Sections, as appropriate:

 

 

HB0183 Enrolled- 143 -LRB098 05760 MGM 35799 b

1Section 112A-17 on emergency orders, Section 112A-18 on interim
2orders, or Section 112A-19 on plenary orders. Petitioner shall
3not be denied an order of protection because petitioner or
4respondent is a minor. The court, when determining whether or
5not to issue an order of protection, shall not require physical
6manifestations of abuse on the person of the victim.
7Modification and extension of prior orders of protection shall
8be in accordance with this Article.
9    (b) Remedies and standards. The remedies to be included in
10an order of protection shall be determined in accordance with
11this Section and one of the following Sections, as appropriate:
12Section 112A-17 on emergency orders, Section 112A-18 on interim
13orders, and Section 112A-19 on plenary orders. The remedies
14listed in this subsection shall be in addition to other civil
15or criminal remedies available to petitioner.
16        (1) Prohibition of abuse. Prohibit respondent's
17    harassment, interference with personal liberty,
18    intimidation of a dependent, physical abuse or willful
19    deprivation, as defined in this Article, if such abuse has
20    occurred or otherwise appears likely to occur if not
21    prohibited.
22        (2) Grant of exclusive possession of residence.
23    Prohibit respondent from entering or remaining in any
24    residence, household, or premises of the petitioner,
25    including one owned or leased by respondent, if petitioner
26    has a right to occupancy thereof. The grant of exclusive

 

 

HB0183 Enrolled- 144 -LRB098 05760 MGM 35799 b

1    possession of the residence, household, or premises shall
2    not affect title to real property, nor shall the court be
3    limited by the standard set forth in Section 701 of the
4    Illinois Marriage and Dissolution of Marriage Act.
5            (A) Right to occupancy. A party has a right to
6        occupancy of a residence or household if it is solely
7        or jointly owned or leased by that party, that party's
8        spouse, a person with a legal duty to support that
9        party or a minor child in that party's care, or by any
10        person or entity other than the opposing party that
11        authorizes that party's occupancy (e.g., a domestic
12        violence shelter). Standards set forth in subparagraph
13        (B) shall not preclude equitable relief.
14            (B) Presumption of hardships. If petitioner and
15        respondent each has the right to occupancy of a
16        residence or household, the court shall balance (i) the
17        hardships to respondent and any minor child or
18        dependent adult in respondent's care resulting from
19        entry of this remedy with (ii) the hardships to
20        petitioner and any minor child or dependent adult in
21        petitioner's care resulting from continued exposure to
22        the risk of abuse (should petitioner remain at the
23        residence or household) or from loss of possession of
24        the residence or household (should petitioner leave to
25        avoid the risk of abuse). When determining the balance
26        of hardships, the court shall also take into account

 

 

HB0183 Enrolled- 145 -LRB098 05760 MGM 35799 b

1        the accessibility of the residence or household.
2        Hardships need not be balanced if respondent does not
3        have a right to occupancy.
4            The balance of hardships is presumed to favor
5        possession by petitioner unless the presumption is
6        rebutted by a preponderance of the evidence, showing
7        that the hardships to respondent substantially
8        outweigh the hardships to petitioner and any minor
9        child or dependent adult in petitioner's care. The
10        court, on the request of petitioner or on its own
11        motion, may order respondent to provide suitable,
12        accessible, alternate housing for petitioner instead
13        of excluding respondent from a mutual residence or
14        household.
15        (3) Stay away order and additional prohibitions. Order
16    respondent to stay away from petitioner or any other person
17    protected by the order of protection, or prohibit
18    respondent from entering or remaining present at
19    petitioner's school, place of employment, or other
20    specified places at times when petitioner is present, or
21    both, if reasonable, given the balance of hardships.
22    Hardships need not be balanced for the court to enter a
23    stay away order or prohibit entry if respondent has no
24    right to enter the premises.
25        If an order of protection grants petitioner exclusive
26    possession of the residence, or prohibits respondent from

 

 

HB0183 Enrolled- 146 -LRB098 05760 MGM 35799 b

1    entering the residence, or orders respondent to stay away
2    from petitioner or other protected persons, then the court
3    may allow respondent access to the residence to remove
4    items of clothing and personal adornment used exclusively
5    by respondent, medications, and other items as the court
6    directs. The right to access shall be exercised on only one
7    occasion as the court directs and in the presence of an
8    agreed-upon adult third party or law enforcement officer.
9        (4) Counseling. Require or recommend the respondent to
10    undergo counseling for a specified duration with a social
11    worker, psychologist, clinical psychologist, psychiatrist,
12    family service agency, alcohol or substance abuse program,
13    mental health center guidance counselor, agency providing
14    services to elders, program designed for domestic violence
15    abusers or any other guidance service the court deems
16    appropriate. The court may order the respondent in any
17    intimate partner relationship to report to an Illinois
18    Department of Human Services protocol approved partner
19    abuse intervention program for an assessment and to follow
20    all recommended treatment.
21        (5) Physical care and possession of the minor child. In
22    order to protect the minor child from abuse, neglect, or
23    unwarranted separation from the person who has been the
24    minor child's primary caretaker, or to otherwise protect
25    the well-being of the minor child, the court may do either
26    or both of the following: (i) grant petitioner physical

 

 

HB0183 Enrolled- 147 -LRB098 05760 MGM 35799 b

1    care or possession of the minor child, or both, or (ii)
2    order respondent to return a minor child to, or not remove
3    a minor child from, the physical care of a parent or person
4    in loco parentis.
5        If a court finds, after a hearing, that respondent has
6    committed abuse (as defined in Section 112A-3) of a minor
7    child, there shall be a rebuttable presumption that
8    awarding physical care to respondent would not be in the
9    minor child's best interest.
10        (6) Temporary legal custody. Award temporary legal
11    custody to petitioner in accordance with this Section, the
12    Illinois Marriage and Dissolution of Marriage Act, the
13    Illinois Parentage Act of 1984, and this State's Uniform
14    Child-Custody Jurisdiction and Enforcement Act.
15        If a court finds, after a hearing, that respondent has
16    committed abuse (as defined in Section 112A-3) of a minor
17    child, there shall be a rebuttable presumption that
18    awarding temporary legal custody to respondent would not be
19    in the child's best interest.
20        (7) Visitation. Determine the visitation rights, if
21    any, of respondent in any case in which the court awards
22    physical care or temporary legal custody of a minor child
23    to petitioner. The court shall restrict or deny
24    respondent's visitation with a minor child if the court
25    finds that respondent has done or is likely to do any of
26    the following: (i) abuse or endanger the minor child during

 

 

HB0183 Enrolled- 148 -LRB098 05760 MGM 35799 b

1    visitation; (ii) use the visitation as an opportunity to
2    abuse or harass petitioner or petitioner's family or
3    household members; (iii) improperly conceal or detain the
4    minor child; or (iv) otherwise act in a manner that is not
5    in the best interests of the minor child. The court shall
6    not be limited by the standards set forth in Section 607.1
7    of the Illinois Marriage and Dissolution of Marriage Act.
8    If the court grants visitation, the order shall specify
9    dates and times for the visitation to take place or other
10    specific parameters or conditions that are appropriate. No
11    order for visitation shall refer merely to the term
12    "reasonable visitation".
13        Petitioner may deny respondent access to the minor
14    child if, when respondent arrives for visitation,
15    respondent is under the influence of drugs or alcohol and
16    constitutes a threat to the safety and well-being of
17    petitioner or petitioner's minor children or is behaving in
18    a violent or abusive manner.
19        If necessary to protect any member of petitioner's
20    family or household from future abuse, respondent shall be
21    prohibited from coming to petitioner's residence to meet
22    the minor child for visitation, and the parties shall
23    submit to the court their recommendations for reasonable
24    alternative arrangements for visitation. A person may be
25    approved to supervise visitation only after filing an
26    affidavit accepting that responsibility and acknowledging

 

 

HB0183 Enrolled- 149 -LRB098 05760 MGM 35799 b

1    accountability to the court.
2        (8) Removal or concealment of minor child. Prohibit
3    respondent from removing a minor child from the State or
4    concealing the child within the State.
5        (9) Order to appear. Order the respondent to appear in
6    court, alone or with a minor child, to prevent abuse,
7    neglect, removal or concealment of the child, to return the
8    child to the custody or care of the petitioner or to permit
9    any court-ordered interview or examination of the child or
10    the respondent.
11        (10) Possession of personal property. Grant petitioner
12    exclusive possession of personal property and, if
13    respondent has possession or control, direct respondent to
14    promptly make it available to petitioner, if:
15            (i) petitioner, but not respondent, owns the
16        property; or
17            (ii) the parties own the property jointly; sharing
18        it would risk abuse of petitioner by respondent or is
19        impracticable; and the balance of hardships favors
20        temporary possession by petitioner.
21        If petitioner's sole claim to ownership of the property
22    is that it is marital property, the court may award
23    petitioner temporary possession thereof under the
24    standards of subparagraph (ii) of this paragraph only if a
25    proper proceeding has been filed under the Illinois
26    Marriage and Dissolution of Marriage Act, as now or

 

 

HB0183 Enrolled- 150 -LRB098 05760 MGM 35799 b

1    hereafter amended.
2        No order under this provision shall affect title to
3    property.
4        (11) Protection of property. Forbid the respondent
5    from taking, transferring, encumbering, concealing,
6    damaging or otherwise disposing of any real or personal
7    property, except as explicitly authorized by the court, if:
8            (i) petitioner, but not respondent, owns the
9        property; or
10            (ii) the parties own the property jointly, and the
11        balance of hardships favors granting this remedy.
12        If petitioner's sole claim to ownership of the property
13    is that it is marital property, the court may grant
14    petitioner relief under subparagraph (ii) of this
15    paragraph only if a proper proceeding has been filed under
16    the Illinois Marriage and Dissolution of Marriage Act, as
17    now or hereafter amended.
18        The court may further prohibit respondent from
19    improperly using the financial or other resources of an
20    aged member of the family or household for the profit or
21    advantage of respondent or of any other person.
22        (11.5) Protection of animals. Grant the petitioner the
23    exclusive care, custody, or control of any animal owned,
24    possessed, leased, kept, or held by either the petitioner
25    or the respondent or a minor child residing in the
26    residence or household of either the petitioner or the

 

 

HB0183 Enrolled- 151 -LRB098 05760 MGM 35799 b

1    respondent and order the respondent to stay away from the
2    animal and forbid the respondent from taking,
3    transferring, encumbering, concealing, harming, or
4    otherwise disposing of the animal.
5        (12) Order for payment of support. Order respondent to
6    pay temporary support for the petitioner or any child in
7    the petitioner's care or custody, when the respondent has a
8    legal obligation to support that person, in accordance with
9    the Illinois Marriage and Dissolution of Marriage Act,
10    which shall govern, among other matters, the amount of
11    support, payment through the clerk and withholding of
12    income to secure payment. An order for child support may be
13    granted to a petitioner with lawful physical care or
14    custody of a child, or an order or agreement for physical
15    care or custody, prior to entry of an order for legal
16    custody. Such a support order shall expire upon entry of a
17    valid order granting legal custody to another, unless
18    otherwise provided in the custody order.
19        (13) Order for payment of losses. Order respondent to
20    pay petitioner for losses suffered as a direct result of
21    the abuse. Such losses shall include, but not be limited
22    to, medical expenses, lost earnings or other support,
23    repair or replacement of property damaged or taken,
24    reasonable attorney's fees, court costs and moving or other
25    travel expenses, including additional reasonable expenses
26    for temporary shelter and restaurant meals.

 

 

HB0183 Enrolled- 152 -LRB098 05760 MGM 35799 b

1            (i) Losses affecting family needs. If a party is
2        entitled to seek maintenance, child support or
3        property distribution from the other party under the
4        Illinois Marriage and Dissolution of Marriage Act, as
5        now or hereafter amended, the court may order
6        respondent to reimburse petitioner's actual losses, to
7        the extent that such reimbursement would be
8        "appropriate temporary relief", as authorized by
9        subsection (a)(3) of Section 501 of that Act.
10            (ii) Recovery of expenses. In the case of an
11        improper concealment or removal of a minor child, the
12        court may order respondent to pay the reasonable
13        expenses incurred or to be incurred in the search for
14        and recovery of the minor child, including but not
15        limited to legal fees, court costs, private
16        investigator fees, and travel costs.
17        (14) Prohibition of entry. Prohibit the respondent
18    from entering or remaining in the residence or household
19    while the respondent is under the influence of alcohol or
20    drugs and constitutes a threat to the safety and well-being
21    of the petitioner or the petitioner's children.
22        (14.5) Prohibition of firearm possession.
23            (A) A person who is subject to an existing order of
24        protection, interim order of protection, emergency
25        order of protection, or plenary order of protection,
26        issued under this Code may not lawfully possess weapons

 

 

HB0183 Enrolled- 153 -LRB098 05760 MGM 35799 b

1        under Section 8.2 of the Firearm Owners Identification
2        Card Act. (a) Prohibit a respondent against whom an
3        order of protection was issued from possessing any
4        firearms during the duration of the order if the order:
5                (1) was issued after a hearing of which such
6            person received actual notice, and at which such
7            person had an opportunity to participate;
8                (2) restrains such person from harassing,
9            stalking, or threatening an intimate partner of
10            such person or child of such intimate partner or
11            person, or engaging in other conduct that would
12            place an intimate partner in reasonable fear of
13            bodily injury to the partner or child; and
14                (3)(i) includes a finding that such person
15            represents a credible threat to the physical
16            safety of such intimate partner or child; or (ii)
17            by its terms explicitly prohibits the use,
18            attempted use, or threatened use of physical force
19            against such intimate partner or child that would
20            reasonably be expected to cause bodily injury.
21            (B) Any firearms in the possession of the
22        respondent, except as provided in subparagraph (C) of
23        this paragraph (14.5) subsection (b), shall be ordered
24        by the court to be turned over to a person with a valid
25        Firearm Owner's Identification Card the local law
26        enforcement agency for safekeeping. The court shall

 

 

HB0183 Enrolled- 154 -LRB098 05760 MGM 35799 b

1        issue an order that the respondent's Firearm Owner's
2        Identification Card be turned over to the local law
3        enforcement agency, which in turn shall immediately
4        mail the card to the Department of State Police Firearm
5        Owner's Identification Card Office for safekeeping.
6        The period of safekeeping shall be for the duration of
7        the order of protection. The firearm or firearms and
8        Firearm Owner's Identification Card, if unexpired,
9        shall at the respondent's request be returned to the
10        respondent at expiration of the order of protection.
11            (C) (b) If the respondent is a peace officer as
12        defined in Section 2-13 of the Criminal Code of 2012,
13        the court shall order that any firearms used by the
14        respondent in the performance of his or her duties as a
15        peace officer be surrendered to the chief law
16        enforcement executive of the agency in which the
17        respondent is employed, who shall retain the firearms
18        for safekeeping for the duration of the order of
19        protection.
20            (D) (c) Upon expiration of the period of
21        safekeeping, if the firearms or Firearm Owner's
22        Identification Card cannot be returned to respondent
23        because respondent cannot be located, fails to respond
24        to requests to retrieve the firearms, or is not
25        lawfully eligible to possess a firearm, upon petition
26        from the local law enforcement agency, the court may

 

 

HB0183 Enrolled- 155 -LRB098 05760 MGM 35799 b

1        order the local law enforcement agency to destroy the
2        firearms, use the firearms for training purposes, or
3        for any other application as deemed appropriate by the
4        local law enforcement agency; or that the firearms be
5        turned over to a third party who is lawfully eligible
6        to possess firearms, and who does not reside with
7        respondent.
8        (15) Prohibition of access to records. If an order of
9    protection prohibits respondent from having contact with
10    the minor child, or if petitioner's address is omitted
11    under subsection (b) of Section 112A-5, or if necessary to
12    prevent abuse or wrongful removal or concealment of a minor
13    child, the order shall deny respondent access to, and
14    prohibit respondent from inspecting, obtaining, or
15    attempting to inspect or obtain, school or any other
16    records of the minor child who is in the care of
17    petitioner.
18        (16) Order for payment of shelter services. Order
19    respondent to reimburse a shelter providing temporary
20    housing and counseling services to the petitioner for the
21    cost of the services, as certified by the shelter and
22    deemed reasonable by the court.
23        (17) Order for injunctive relief. Enter injunctive
24    relief necessary or appropriate to prevent further abuse of
25    a family or household member or to effectuate one of the
26    granted remedies, if supported by the balance of hardships.

 

 

HB0183 Enrolled- 156 -LRB098 05760 MGM 35799 b

1    If the harm to be prevented by the injunction is abuse or
2    any other harm that one of the remedies listed in
3    paragraphs (1) through (16) of this subsection is designed
4    to prevent, no further evidence is necessary to establish
5    that the harm is an irreparable injury.
6    (c) Relevant factors; findings.
7        (1) In determining whether to grant a specific remedy,
8    other than payment of support, the court shall consider
9    relevant factors, including but not limited to the
10    following:
11            (i) the nature, frequency, severity, pattern and
12        consequences of the respondent's past abuse of the
13        petitioner or any family or household member,
14        including the concealment of his or her location in
15        order to evade service of process or notice, and the
16        likelihood of danger of future abuse to petitioner or
17        any member of petitioner's or respondent's family or
18        household; and
19            (ii) the danger that any minor child will be abused
20        or neglected or improperly removed from the
21        jurisdiction, improperly concealed within the State or
22        improperly separated from the child's primary
23        caretaker.
24        (2) In comparing relative hardships resulting to the
25    parties from loss of possession of the family home, the
26    court shall consider relevant factors, including but not

 

 

HB0183 Enrolled- 157 -LRB098 05760 MGM 35799 b

1    limited to the following:
2            (i) availability, accessibility, cost, safety,
3        adequacy, location and other characteristics of
4        alternate housing for each party and any minor child or
5        dependent adult in the party's care;
6            (ii) the effect on the party's employment; and
7            (iii) the effect on the relationship of the party,
8        and any minor child or dependent adult in the party's
9        care, to family, school, church and community.
10        (3) Subject to the exceptions set forth in paragraph
11    (4) of this subsection, the court shall make its findings
12    in an official record or in writing, and shall at a minimum
13    set forth the following:
14            (i) That the court has considered the applicable
15        relevant factors described in paragraphs (1) and (2) of
16        this subsection.
17            (ii) Whether the conduct or actions of respondent,
18        unless prohibited, will likely cause irreparable harm
19        or continued abuse.
20            (iii) Whether it is necessary to grant the
21        requested relief in order to protect petitioner or
22        other alleged abused persons.
23        (4) For purposes of issuing an ex parte emergency order
24    of protection, the court, as an alternative to or as a
25    supplement to making the findings described in paragraphs
26    (c)(3)(i) through (c)(3)(iii) of this subsection, may use

 

 

HB0183 Enrolled- 158 -LRB098 05760 MGM 35799 b

1    the following procedure:
2        When a verified petition for an emergency order of
3    protection in accordance with the requirements of Sections
4    112A-5 and 112A-17 is presented to the court, the court
5    shall examine petitioner on oath or affirmation. An
6    emergency order of protection shall be issued by the court
7    if it appears from the contents of the petition and the
8    examination of petitioner that the averments are
9    sufficient to indicate abuse by respondent and to support
10    the granting of relief under the issuance of the emergency
11    order of protection.
12        (5) Never married parties. No rights or
13    responsibilities for a minor child born outside of marriage
14    attach to a putative father until a father and child
15    relationship has been established under the Illinois
16    Parentage Act of 1984. Absent such an adjudication, no
17    putative father shall be granted temporary custody of the
18    minor child, visitation with the minor child, or physical
19    care and possession of the minor child, nor shall an order
20    of payment for support of the minor child be entered.
21    (d) Balance of hardships; findings. If the court finds that
22the balance of hardships does not support the granting of a
23remedy governed by paragraph (2), (3), (10), (11), or (16) of
24subsection (b) of this Section, which may require such
25balancing, the court's findings shall so indicate and shall
26include a finding as to whether granting the remedy will result

 

 

HB0183 Enrolled- 159 -LRB098 05760 MGM 35799 b

1in hardship to respondent that would substantially outweigh the
2hardship to petitioner from denial of the remedy. The findings
3shall be an official record or in writing.
4    (e) Denial of remedies. Denial of any remedy shall not be
5based, in whole or in part, on evidence that:
6        (1) Respondent has cause for any use of force, unless
7    that cause satisfies the standards for justifiable use of
8    force provided by Article 7 of the Criminal Code of 2012;
9        (2) Respondent was voluntarily intoxicated;
10        (3) Petitioner acted in self-defense or defense of
11    another, provided that, if petitioner utilized force, such
12    force was justifiable under Article 7 of the Criminal Code
13    of 2012;
14        (4) Petitioner did not act in self-defense or defense
15    of another;
16        (5) Petitioner left the residence or household to avoid
17    further abuse by respondent;
18        (6) Petitioner did not leave the residence or household
19    to avoid further abuse by respondent;
20        (7) Conduct by any family or household member excused
21    the abuse by respondent, unless that same conduct would
22    have excused such abuse if the parties had not been family
23    or household members.
24(Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11;
2597-158, eff. 1-1-12; 97-1131, eff. 1-1-13; 97-1150, eff.
261-25-13.)
 

 

 

HB0183 Enrolled- 160 -LRB098 05760 MGM 35799 b

1    Section 165. The Mental Health and Developmental
2Disabilities Confidentiality Act is amended by changing
3Section 12 as follows:
 
4    (740 ILCS 110/12)  (from Ch. 91 1/2, par. 812)
5    Sec. 12. (a) If the United States Secret Service or the
6Department of State Police requests information from a mental
7health or developmental disability facility, as defined in
8Section 1-107 and 1-114 of the Mental Health and Developmental
9Disabilities Code, relating to a specific recipient and the
10facility director determines that disclosure of such
11information may be necessary to protect the life of, or to
12prevent the infliction of great bodily harm to, a public
13official, or a person under the protection of the United States
14Secret Service, only the following information may be
15disclosed: the recipient's name, address, and age and the date
16of any admission to or discharge from a facility; and any
17information which would indicate whether or not the recipient
18has a history of violence or presents a danger of violence to
19the person under protection. Any information so disclosed shall
20be used for investigative purposes only and shall not be
21publicly disseminated. Any person participating in good faith
22in the disclosure of such information in accordance with this
23provision shall have immunity from any liability, civil,
24criminal or otherwise, if such information is disclosed relying

 

 

HB0183 Enrolled- 161 -LRB098 05760 MGM 35799 b

1upon the representation of an officer of the United States
2Secret Service or the Department of State Police that a person
3is under the protection of the United States Secret Service or
4is a public official.
5    For the purpose of this subsection (a), the term "public
6official" means the Governor, Lieutenant Governor, Attorney
7General, Secretary of State, State Comptroller, State
8Treasurer, member of the General Assembly, member of the United
9States Congress, Judge of the United States as defined in 28
10U.S.C. 451, Justice of the United States as defined in 28
11U.S.C. 451, United States Magistrate Judge as defined in 28
12U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
13Supreme, Appellate, Circuit, or Associate Judge of the State of
14Illinois. The term shall also include the spouse, child or
15children of a public official.
16    (b) The Department of Human Services (acting as successor
17to the Department of Mental Health and Developmental
18Disabilities) and all public or private hospitals and mental
19health facilities are required, as hereafter described in this
20subsection, to furnish the Department of State Police only such
21information as may be required for the sole purpose of
22determining whether an individual who may be or may have been a
23patient is disqualified because of that status from receiving
24or retaining a Firearm Owner's Identification Card or falls
25within the federal prohibitors under subsection (e), (f), (g),
26(r), (s), or (t) of Section 8 of the Firearm Owners

 

 

HB0183 Enrolled- 162 -LRB098 05760 MGM 35799 b

1Identification Card Act, or falls within the federal
2prohibitors in under subsection (e) or (f) of Section 8 of the
3Firearm Owners Identification Card Act or 18 U.S.C. 922(g) and
4(n). All physicians, clinical psychologists, or qualified
5examiners at public or private hospitals and mental health
6facilities or parts thereof as defined in this subsection
7shall, in the form and manner required by the Department,
8provide notice directly to the Department of Human Services, or
9to his or her employer who shall then report to the Department,
10within 24 hours after determining that a patient as described
11in clause (2) of the definition of "patient" in Section 1.1 of
12the Firearm Owners Identification Card Act poses a clear and
13present danger to himself, herself, or others, or is determined
14to be developmentally disabled such information as shall be
15necessary for the Department to comply with the reporting
16requirements to the Department of State Police. This Such
17information shall be furnished within 24 hours after the
18physician, clinical psychologist, or qualified examiner has
19made a determination, or within 7 days after admission to a
20public or private hospital or mental health facility or the
21provision of services to a patient described in clause (1) of
22the definition of "patient" in Section 1.1 of the Firearm
23Owners Identification Card Act clause (2) of this subsection
24(b). Any such information disclosed under this subsection shall
25remain privileged and confidential, and shall not be
26redisclosed, except as required by subsection (e) clause (e)(2)

 

 

HB0183 Enrolled- 163 -LRB098 05760 MGM 35799 b

1of Section 3.1 of the Firearm Owners Identification Card Act,
2nor utilized for any other purpose. The method of requiring the
3providing of such information shall guarantee that no
4information is released beyond what is necessary for this
5purpose. In addition, the information disclosed shall be
6provided by the Department within the time period established
7by Section 24-3 of the Criminal Code of 2012 regarding the
8delivery of firearms. The method used shall be sufficient to
9provide the necessary information within the prescribed time
10period, which may include periodically providing lists to the
11Department of Human Services or any public or private hospital
12or mental health facility of Firearm Owner's Identification
13Card applicants on which the Department or hospital shall
14indicate the identities of those individuals who are to its
15knowledge disqualified from having a Firearm Owner's
16Identification Card for reasons described herein. The
17Department may provide for a centralized source of information
18for the State on this subject under its jurisdiction. The
19identity of the person reporting under this subsection shall
20not be disclosed to the subject of the report. For the purposes
21of this subsection, the physician, clinical psychologist, or
22qualified examiner making the determination and his or her
23employer shall not be held criminally, civilly, or
24professionally liable for making or not making the notification
25required under this subsection, except for willful or wanton
26misconduct.

 

 

HB0183 Enrolled- 164 -LRB098 05760 MGM 35799 b

1    Any person, institution, or agency, under this Act,
2participating in good faith in the reporting or disclosure of
3records and communications otherwise in accordance with this
4provision or with rules, regulations or guidelines issued by
5the Department shall have immunity from any liability, civil,
6criminal or otherwise, that might result by reason of the
7action. For the purpose of any proceeding, civil or criminal,
8arising out of a report or disclosure in accordance with this
9provision, the good faith of any person, institution, or agency
10so reporting or disclosing shall be presumed. The full extent
11of the immunity provided in this subsection (b) shall apply to
12any person, institution or agency that fails to make a report
13or disclosure in the good faith belief that the report or
14disclosure would violate federal regulations governing the
15confidentiality of alcohol and drug abuse patient records
16implementing 42 U.S.C. 290dd-3 and 290ee-3.
17    For purposes of this subsection (b) only, the following
18terms shall have the meaning prescribed:
19        (1) (Blank). "Hospital" means only that type of
20    institution which is providing full-time residential
21    facilities and treatment.
22        (1.3) "Clear and present danger" has the meaning as
23    defined in Section 1.1 of the Firearm Owners Identification
24    Card Act.
25        (1.5) "Developmentally disabled" has the meaning as
26    defined in Section 1.1 of the Firearm Owners Identification

 

 

HB0183 Enrolled- 165 -LRB098 05760 MGM 35799 b

1    Card Act.
2        (2) "Patient" has the meaning as defined in Section 1.1
3    of the Firearm Owners Identification Card Act shall include
4    only: (i) a person who is an in-patient or resident of any
5    public or private hospital or mental health facility or
6    (ii) a person who is an out-patient or provided services by
7    a public or private hospital or mental health facility
8    whose mental condition is of such a nature that it is
9    manifested by violent, suicidal, threatening, or
10    assaultive behavior or reported behavior, for which there
11    is a reasonable belief by a physician, clinical
12    psychologist, or qualified examiner that the condition
13    poses a clear and present or imminent danger to the
14    patient, any other person or the community meaning the
15    patient's condition poses a clear and present danger in
16    accordance with subsection (f) of Section 8 of the Firearm
17    Owners Identification Card Act. The terms physician,
18    clinical psychologist, and qualified examiner are defined
19    in Sections 1-120, 1-103, and 1-122 of the Mental Health
20    and Developmental Disabilities Code.
21        (3) "Mental health facility" has the meaning as defined
22    in Section 1.1 of the Firearm Owners Identification Card
23    Act is defined by Section 1-114 of the Mental Health and
24    Developmental Disabilities Code.
25    (c) Upon the request of a peace officer who takes a person
26into custody and transports such person to a mental health or

 

 

HB0183 Enrolled- 166 -LRB098 05760 MGM 35799 b

1developmental disability facility pursuant to Section 3-606 or
24-404 of the Mental Health and Developmental Disabilities Code
3or who transports a person from such facility, a facility
4director shall furnish said peace officer the name, address,
5age and name of the nearest relative of the person transported
6to or from the mental health or developmental disability
7facility. In no case shall the facility director disclose to
8the peace officer any information relating to the diagnosis,
9treatment or evaluation of the person's mental or physical
10health.
11    For the purposes of this subsection (c), the terms "mental
12health or developmental disability facility", "peace officer"
13and "facility director" shall have the meanings ascribed to
14them in the Mental Health and Developmental Disabilities Code.
15    (d) Upon the request of a peace officer or prosecuting
16authority who is conducting a bona fide investigation of a
17criminal offense, or attempting to apprehend a fugitive from
18justice, a facility director may disclose whether a person is
19present at the facility. Upon request of a peace officer or
20prosecuting authority who has a valid forcible felony warrant
21issued, a facility director shall disclose: (1) whether the
22person who is the subject of the warrant is present at the
23facility and (2) the date of that person's discharge or future
24discharge from the facility. The requesting peace officer or
25prosecuting authority must furnish a case number and the
26purpose of the investigation or an outstanding arrest warrant

 

 

HB0183 Enrolled- 167 -LRB098 05760 MGM 35799 b

1at the time of the request. Any person, institution, or agency
2participating in good faith in disclosing such information in
3accordance with this subsection (d) is immune from any
4liability, civil, criminal or otherwise, that might result by
5reason of the action.
6(Source: P.A. 96-193, eff. 8-10-09; 97-1150, eff. 1-25-13.)
 
7    Section 170. The Probate Act of 1975 is amended by adding
8Section 11a-24 as follows:
 
9    (755 ILCS 5/11a-24 new)
10    Sec. 11a-24. Notification; Department of State Police.
11When a court adjudges a respondent to be a disabled person
12under this Article, the court shall direct the circuit court
13clerk to notify the Department of State Police, Firearm Owner's
14Identification (FOID) Office, in a form and manner prescribed
15by the Department of State Police, and shall forward a copy of
16the court order to the Department no later than 7 days after
17the entry of the order. Upon receipt of the order, the
18Department of State Police shall provide notification to the
19National Instant Criminal Background Check System.
 
20    Section 195. No acceleration or delay. Where this Act makes
21changes in a statute that is represented in this Act by text
22that is not yet or no longer in effect (for example, a Section
23represented by multiple versions), the use of that text does

 

 

HB0183 Enrolled- 168 -LRB098 05760 MGM 35799 b

1not accelerate or delay the taking effect of (i) the changes
2made by this Act or (ii) provisions derived from any other
3Public Act.
 
4    Section 999. Effective date. This Act takes effect upon
5becoming law.