Sen. John J. Cullerton

Filed: 7/9/2013





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2    AMENDMENT NO. ______. Amend House Bill 1453 by replacing
3everything after the enacting clause with the following:
4    "Section 5. If and only if House Bill 183 of the 98th
5General Assembly becomes law, then the Firearm Concealed Carry
6Act is amended by changing Sections 10 and 65 as follows:
7    (09800HB0183enr, Sec. 10)
8    Sec. 10. Issuance of licenses to carry a concealed firearm.
9    (a) The Department shall issue a license to carry a
10concealed firearm under this Act to an applicant who:
11        (1) meets the qualifications of Section 25 of this Act;
12        (2) has provided the application and documentation
13    required in Section 30 of this Act;
14        (3) has submitted the requisite fees; and
15        (4) does not pose a danger to himself, herself, or
16    others, or a threat to public safety as determined by the



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1    Concealed Carry Licensing Review Board in accordance with
2    Section 20.
3    (b) The Department shall issue a renewal, corrected, or
4duplicate license as provided in this Act.
5    (c) A license shall be valid throughout the State for a
6period of 5 years from the date of issuance. A license shall
7permit the licensee to :
8        (1) carry a loaded or unloaded concealed firearm, fully
9    concealed or partially concealed, on or about his or her
10    person; and
11        (2) keep or carry a loaded or unloaded concealed
12    firearm on or about his or her person within a vehicle.
13    (d) The Department shall make applications for a license
14available no later than 180 days after the effective date of
15this Act. The Department shall establish rules for the
16availability and submission of applications in accordance with
17this Act.
18    (e) An application for a license submitted to the
19Department that contains all the information and materials
20required by this Act, including the requisite fee, shall be
21deemed completed. Except as otherwise provided in this Act, no
22later than 90 days after receipt of a completed application,
23the Department shall issue or deny the applicant a license.
24    (f) The Department shall deny the applicant a license if
25the applicant fails to meet the requirements under this Act or
26the Department receives a determination from the Board that the



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1applicant is ineligible for a license. The Department must
2notify the applicant stating the grounds for the denial. The
3notice of denial must inform the applicant of his or her right
4to an appeal through administrative and judicial review.
5    (g) A licensee shall possess a license at all times the
6licensee carries a concealed firearm except:
7        (1) when the licensee is carrying or possessing a
8    concealed firearm on his or her land or in his or her
9    abode, legal dwelling, or fixed place of business, or on
10    the land or in the legal dwelling of another person as an
11    invitee with that person's permission;
12        (2) when the person is authorized to carry a firearm
13    under Section 24-2 of the Criminal Code of 2012, except
14    subsection (a-5) of that Section; or
15        (3) when the handgun is broken down in a
16    non-functioning state, is not immediately accessible, or
17    is unloaded and enclosed in a case.
18    (h) If an officer of a law enforcement agency initiates an
19investigative stop, including but not limited to a traffic
20stop, of a licensee who is carrying a concealed firearm, upon
21the request of the officer the licensee shall immediately
22disclose to the officer that he or she is in possession of a
23concealed firearm under this Act, present the license upon the
24request of the officer, and identify the location of the
25concealed firearm.
26    (i) The Department shall maintain a database of license



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1applicants and licensees. The database shall be available to
2all federal, State, and local law enforcement agencies, State's
3Attorneys, the Attorney General, and authorized court
4personnel. Within 180 days after the effective date of this
5Act, the database shall be searchable and provide all
6information included in the application, including the
7applicant's previous addresses within the 10 years prior to the
8license application and any information related to violations
9of this Act. No law enforcement agency, State's Attorney,
10Attorney General, or member or staff of the judiciary shall
11provide any information to a requester who is not entitled to
12it by law.
13    (j) No later than 10 days after receipt of a completed
14application, the Department shall enter the relevant
15information about the applicant into the database under
16subsection (i) of this Section which is accessible by law
17enforcement agencies.
18(Source: 09800HB0183enr.)
19    (09800HB0183enr, Sec. 65)
20    Sec. 65. Prohibited areas.
21    (a) A licensee under this Act shall not knowingly carry a
22firearm on or into:
23        (1) Any building, real property, and parking area under
24    the control of a public or private elementary or secondary
25    school.



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



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1        (6) Any building, real property, and parking area under
2    the control of an adult or juvenile detention or
3    correctional institution, prison, or jail.
4        (7) Any building, real property, and parking area under
5    the control of a public or private hospital or hospital
6    affiliate, mental health facility, or nursing home.
7        (8) Any bus, train, or form of transportation paid for
8    in whole or in part with public funds, and any building,
9    real property, and parking area under the control of a
10    public transportation facility paid for in whole or in part
11    with public funds.
12        (9) Any building, real property, and parking area under
13    the control of an establishment that serves alcohol on its
14    premises, if more than 50% of the establishment's gross
15    receipts within the prior 3 months is from the sale of
16    alcohol. The owner of an establishment who knowingly fails
17    to prohibit concealed firearms on its premises as provided
18    in this paragraph or who knowingly makes a false statement
19    or record to avoid the prohibition on concealed firearms
20    under this paragraph is subject to the penalty under
21    subsection (c-5) of Section 10-1 of the Liquor Control Act
22    of 1934.
23        (10) Any public gathering or special event conducted on
24    property open to the public that requires the issuance of a
25    permit from the unit of local government, provided this
26    prohibition shall not apply to a licensee who must walk



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1    through a public gathering in order to access his or her
2    residence, place of business, or vehicle.
3        (11) Any building or real property that has been issued
4    a Special Event Retailer's license as defined in Section
5    1-3.17.1 of the Liquor Control Act during the time
6    designated for the sale of alcohol by the Special Event
7    Retailer's license, or a Special use permit license as
8    defined in subsection (q) of Section 5-1 of the Liquor
9    Control Act during the time designated for the sale of
10    alcohol by the Special use permit license.
11        (12) Any public playground.
12        (13) Any public park, athletic area, or athletic
13    facility under the control of a municipality or park
14    district, provided nothing in this Section shall prohibit a
15    licensee from carrying a concealed firearm while on a trail
16    or bikeway if only a portion of the trail or bikeway
17    includes a public park.
18        (14) Any real property under the control of the Cook
19    County Forest Preserve District.
20        (15) Any building, classroom, laboratory, medical
21    clinic, hospital, artistic venue, athletic venue,
22    entertainment venue, officially recognized
23    university-related organization property, whether owned or
24    leased, and any real property, including parking areas,
25    sidewalks, and common areas under the control of a public
26    or private community college, college, or university.



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



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



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



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1prohibited shall be clearly and conspicuously posted at the
2entrance of a building, premises, or real property specified in
3subsection (a-10) and paragraph (9) of subsection (a) of this
4Section as a prohibited area, unless the building or premises
5is a private residence. Signs shall be of a uniform design as
6established by the Department and shall be 4 inches by 6 inches
7in size. The Department shall adopt rules for standardized
8signs to be used under this subsection.
9(Source: 09800HB0183enr.)
10    Section 10. If and only if House Bill 183 of the 98th
11General Assembly becomes law, then the Firearm Owners
12Identification Card Act is amended by changing Section 8.1 as
14    (430 ILCS 65/8.1)  (from Ch. 38, par. 83-8.1)
15    Sec. 8.1. Notifications to the Department of State Police.
16    (a) The Circuit Clerk shall, in the form and manner
17required by the Supreme Court, notify the Department of State
18Police of all final dispositions of cases for which the
19Department has received information reported to it under
20Sections 2.1 and 2.2 of the Criminal Identification Act.
21    (b) Upon adjudication of any individual as a mentally
22disabled person as defined in Section 1.1 of this Act or a
23finding that a person has been involuntarily admitted, the
24court shall direct the circuit court clerk to immediately



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



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1    administrator shall, within 24 hours of making the
2    determination, notify the Department of State Police that
3    the person poses a clear and present danger.
4    The Department of Human Services shall immediately update
5its records and information relating to mental health and
6developmental disabilities, and if appropriate, shall notify
7the Department of State Police in a form and manner prescribed
8by the Department of State Police. The Department of State
9Police shall determine whether to revoke the person's Firearm
10Owner's Identification Card under Section 8 of this Act. Any
11information disclosed under this subsection shall remain
12privileged and confidential, and shall not be redisclosed,
13except as required under subsection (e) of Section 3.1 of this
14Act, nor used for any other purpose. The method of providing
15this information shall guarantee that the information is not
16released beyond what is necessary for the purpose of this
17Section and shall be provided by rule by the Department of
18Human Services. The identity of the person reporting under this
19Section shall not be disclosed to the subject of the report.
20The physician, clinical psychologist, qualified examiner, law
21enforcement official, or school administrator making the
22determination and his or her employer shall not be held
23criminally, civilly, or professionally liable for making or not
24making the notification required under this subsection, except
25for willful or wanton misconduct.
26    (e) The Department of State Police shall adopt rules to



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1implement this Section.
2(Source: P.A. 97-1131, eff. 1-1-13; 09800HB0183enr.)
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".