Rep. Brandon W. Phelps

Filed: 5/22/2013

 

 


 

 


 
09800SB2193ham001LRB098 10174 MRW 46317 a

1
AMENDMENT TO SENATE BILL 2193

2    AMENDMENT NO. ______. Amend Senate Bill 2193 by replacing
3everything after the enacting clause with the following:
 
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 the Department of State
16Police.

 

 

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1    "Handgun" means any device which is designed to expel a
2projectile or projectiles by the action of an explosion,
3expansion of gas, or escape of gas that is designed to be held
4and fired by the use of a single hand. "Handgun" does not
5include:
6        (1) a stun gun or taser;
7        (2) a machine gun as defined in item (i) of paragraph
8    (7) of subsection (a) of Section 24-1 of the Criminal Code
9    of 2012;
10        (3) a short-barreled rifle or shotgun as defined in
11    item (ii) of paragraph (7) of subsection (a) of Section
12    24-1 of the Criminal Code of 2012; or
13        (4) any pneumatic gun, spring gun, paint ball gun, or
14    B-B gun which expels a single globular projectile not
15    exceeding .18 inch in diameter or which has a maximum
16    muzzle velocity of less than 700 feet per second or which
17    expels breakable paint balls containing washable marking
18    colors.
19    "Law enforcement agency" means any federal, State, or local
20law enforcement agency, including offices of State's Attorneys
21and the Office of the Attorney General.
22    "License" means a license issued by the Department of State
23Police to carry a concealed handgun.
24    "Licensee" means a person issued a license to carry a
25concealed handgun.
26    "Municipality" has the meaning ascribed to it in Section 1

 

 

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1of Article VII of the Illinois Constitution.
2    "Unit of local government" has the meaning ascribed to it
3in Section 1 of Article VII of the Illinois Constitution.
 
4    Section 10. Issuance of licenses to carry a concealed
5firearm.
6    (a) The Department shall issue a license to carry a
7concealed firearm under this Act to an applicant who:
8        (1) meets the requirements of this Section;
9        (2) meets the qualifications of Section 25 of this Act;
10        (3) has provided the application and documentation
11    required in Section 30 of this Act; and
12        (4) has submitted the requisite fees.
13    (b) The Department shall issue a renewal, corrected, or
14duplicate license as provided in this Act.
15    (c) A license shall be valid throughout the State for a
16period of 5 years from the date of issuance. A license shall
17permit the licensee to:
18        (1) carry a loaded or unloaded concealed firearm, fully
19    concealed or partially concealed, on or about his or her
20    person; and
21        (2) keep or carry a loaded or unloaded concealed
22    firearm on or about his or her person within a vehicle.
23    (d) The Department shall make applications for a license
24available no later than 180 days after the effective date of
25this Act. The Department shall establish rules for the

 

 

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1availability and submission of applications in accordance with
2this Act.
3    (e) An application for a license submitted to the
4Department that contains all the information and materials
5required by this Act, including the requisite fee, shall be
6deemed completed. Except as otherwise provided in this Act, no
7later than 90 days after receipt of a completed application,
8the Department shall issue or deny the applicant a license.
9    (f) The Department shall deny the applicant a license if
10the applicant fails to meet the requirements under this Act or
11the Department receives a determination from the Board that the
12applicant is ineligible for a license. The Department must
13notify the applicant stating the grounds for the denial. The
14notice of denial must inform the applicant of his or her right
15to an appeal through administrative and judicial review.
16    (g) A licensee shall possess a license at all times the
17licensee carries a concealed firearm except:
18        (1) when the licensee is carrying or possessing a
19    concealed firearm on his or her land or in his or her abode
20    or legal dwelling or in the abode or legal dwelling of
21    another person as an invitee with that person's permission;
22        (2) when the person is authorized to carry a firearm
23    under Section 24-2 of the Criminal Code of 2012, except
24    subsection (a-5) of that Section; or
25        (3) when the handgun is broken down in a
26    non-functioning state, is not immediately accessible, or

 

 

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1    is unloaded and enclosed in a case.
2    (h) If an officer of a law enforcement agency initiates an
3investigative stop, including but not limited to a traffic
4stop, of a licensee who is carrying a concealed firearm, upon
5the request of the officer the licensee shall disclose to the
6officer that he or she is in possession of a concealed firearm
7under this Act, present the license upon the request of the
8officer, and identify the location of the concealed firearm.
9    (i) The Department shall maintain a database of license
10applicants and licenses. The database shall be available to all
11federal, State, and local law enforcement agencies, State's
12Attorneys, the Attorney General, and authorized court
13personnel. Within 180 days after the effective date of this
14Act, the database shall be searchable and provide all
15information included in the application, including the
16applicant's previous addresses within the 10 years prior to the
17license application and any information related to violations
18of this Act. No law enforcement agency, State's Attorney,
19Attorney General, or member or staff of the judiciary shall
20provide any information to a requester who is not entitled to
21it by law.
22    (j) No later than 10 days after receipt of a completed
23application, the Department shall enter the relevant
24information about the applicant into the database under
25subsection (i) of this Section which is accessible by law
26enforcement agencies.
 

 

 

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1    Section 15. Objections by law enforcement agencies.
2    (a) Any law enforcement agency may submit an objection to a
3license applicant based upon a reasonable suspicion that the
4applicant is a danger to himself or herself or others, or a
5threat to public safety. The objection shall be made by the
6chief law enforcement officer of the law enforcement agency, or
7his or her designee, and must include any information relevant
8to the objection. If a law enforcement agency submits an
9objection within 30 days after the entry of an applicant into
10the database, the Department shall submit the objection and all
11information related to the application to the Board within 10
12days of completing all necessary background checks.
13    (b) If an applicant has 5 or more arrests for any reason,
14that have been entered into the Law Enforcement Agencies Data
15System (LEADS), within the 7 years preceding the date of
16application for a license, or has 3 or more arrests within the
177 years preceding the date of application for a license for any
18combination of gang-related offenses, the Department shall
19object and submit the applicant's arrest record, the
20application materials, and any additional information
21submitted by a law enforcement agency to the Board. For
22purposes of this subsection, "gang-related offense" is an
23offense described in Section 12-6.4, Section 24-1.8, Section
2425-5, Section 33-4, or Section 33G-4, or in paragraph (1) of
25subsection (a) of Section 12-6.2, paragraph (2) of subsection

 

 

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1(b) of Section 16-30, paragraph (2) of subsection (b) of
2Section 31-4, or item (iii) of paragraph (1.5) of subsection
3(i) of Section 48-1 of the Criminal Code of 2012.
4    (c) The referral of an objection under this Section to the
5Board shall toll the 90-day period for the Department to issue
6or deny the applicant a license under subsection (e) of Section
710 of this Act, during the period of review and until the Board
8issues its decision.
9    (d) If no objection is made by a law enforcement agency or
10the Department under this Section, the Department shall process
11the application in accordance with this Act.
 
12    Section 20. Concealed Carry Licensing Review Board.
13    (a) There is hereby created a Concealed Carry Licensing
14Review Board to consider any objection to an applicant's
15eligibility to obtain a license under this Act submitted by a
16law enforcement agency or the Department under Section 15 of
17this Act. The Board shall consist of 7 commissioners to be
18appointed by the Governor, by and with the advice and consent
19of the Senate, with 3 commissioners residing within the First
20Judicial District and a commissioner residing within each of
21the remaining Judicial Districts. No more than 4 commissioners
22shall be of the same political party. The Governor shall
23designate one commissioner as the Chairperson. The Board shall
24consist of:
25        (1) one commissioner with at least 5 years of service

 

 

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1    as a federal judge;
2        (2) 2 commissioners with at least 5 years of experience
3    serving as an attorney with the United States Department of
4    Justice;
5        (3) 3 commissioners with at least 5 years of experience
6    as a federal agent or employee with investigative
7    experience or duties related to criminal justice under the
8    United States Department of Justice, Drug Enforcement
9    Administration, Department of Homeland Security, or
10    Federal Bureau of Investigation; and
11        (4) one member with at least 5 years of experience as a
12    licensed physician or clinical psychologist with expertise
13    in the diagnosis and treatment of mental illness.
14    (b) Each commissioner shall serve a term that coincides
15with the Governor's term of office and shall remain in office
16until a newly inaugurated Governor appoints members. A newly
17inaugurated Governor may appoint current or past
18commissioners. The Governor shall appoint a person to fill a
19vacancy in accordance with this Section. The Governor may
20remove a commissioner for incompetence, neglect of duty,
21malfeasance, or inability to serve. Commissioners shall
22receive compensation in an amount equal to the compensation of
23members of the Executive Ethics Commission and may be
24reimbursed for reasonable expenses actually incurred in the
25performance of their Board duties.
26    (c) The Board shall meet as often as necessary to consider

 

 

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

 

 

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

 

 

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1Act if the person:
2        (1) is at least 21 years of age;
3        (2) has a currently valid Firearm Owner's
4    Identification Card, or meets the requirements for the
5    issuance of a Firearm Owner's Identification Card and is
6    not prohibited under the Firearm Owners Identification
7    Card Act or federal law from possessing or receiving a
8    firearm;
9        (3) has not been convicted or found guilty in this
10    State or in any other state of:
11            (A) a misdemeanor involving the use or threat of
12        physical force or violence to any person within the 5
13        years preceding the date of the license application; or
14            (B) 2 or more violations related to driving while
15        under the influence of alcohol, other drug or drugs,
16        intoxicating compound or compounds, or any combination
17        thereof, within the 5 years preceding the date of the
18        license application; and
19        (4) is not the subject of a pending arrest warrant,
20    prosecution, or proceeding for an offense or action that
21    could lead to disqualification to own or possess a firearm;
22        (5) has not been in residential or court-ordered
23    treatment for alcoholism, alcohol detoxification, or drug
24    treatment within the 5 years immediately preceding the date
25    of the license application; and
26        (6) has completed firearms training and any education

 

 

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1    component required under Section 75 of this Act.
 
2    Section 30. Contents of license application.
3    (a) The license application shall be in writing, under oath
4and penalty of perjury, on a standard form adopted by the
5Department and shall be accompanied by the documentation
6required in this Section and all applicable fees. Each
7application form shall include the following statement printed
8in bold type: "Warning: Entering false information on this form
9is punishable as perjury under Section 32-2 of the Criminal
10Code of 2012."
11    (b) The application shall contain the following:
12        (1) the applicant's name, current address, date and
13    year of birth, place of birth, height, weight, hair color,
14    eye color, maiden name or any other name the applicant has
15    used or identified with, and any address where the
16    applicant resided for more than 30 days within the 10 years
17    preceding the date of the license application;
18        (2) the applicant's driver's license number, state
19    identification card number, or the last 4 digits of the
20    applicant's social security number;
21        (3) a waiver of the applicant's privacy and
22    confidentiality rights and privileges under all federal
23    and state laws, including those limiting access to juvenile
24    court, criminal justice, psychological, or psychiatric
25    records or records relating to any institutionalization of

 

 

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1    the applicant, and an affirmative request that a person
2    having custody of any of these records provide it or
3    information concerning it to the Department;
4        (4) an affirmation that the applicant possesses a
5    currently valid Firearm Owner's Identification Card and
6    card number if possessed or notice the applicant is
7    applying for a Firearm Owner's Identification Card in
8    conjunction with the license application;
9        (5) an affirmation that the applicant has not been
10    convicted or found guilty of:
11            (A) a felony;
12            (B) a misdemeanor involving the use or threat of
13        physical force or violence to any person within the 5
14        years preceding the date of the application; or
15            (C) 2 or more violations related to driving while
16        under the influence of alcohol, other drug or drugs,
17        intoxicating compound or compounds, or any combination
18        thereof, within the 5 years preceding the date of the
19        license application; and
20        (6) whether the applicant failed a drug test for a drug
21    for which the applicant did not have a prescription, within
22    the previous year, and if so, the provider of the test, the
23    specific substance involved, and the date of the test;
24        (7) written consent for the Department to review and
25    use the applicant's Illinois digital driver's license or
26    Illinois identification card photograph and signature, if

 

 

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1    available;
2        (8) a full set of fingerprints submitted to the
3    Department in electronic format, provided the Department
4    may accept an application submitted without a set of
5    fingerprints in which case the Department shall be granted
6    30 days in addition to the 90 days provided under
7    subsection (e) of Section 10 of this Act to issue or deny a
8    license;
9        (9) 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 license application; and
12        (10) a photocopy or other evidence to show compliance
13    with the training requirements under this Act.
 
14    Section 35. Investigation of the applicant.
15    The Department shall conduct a background check of the
16applicant to ensure compliance with the requirements of this
17Act and all federal, State, and local laws. The background
18check shall include a search of the following:
19        (1) the National Instant Criminal Background Check
20    System of the Federal Bureau of Investigation;
21        (2) all available state and local criminal history
22    record information files, including records of juvenile
23    adjudications;
24        (3) all available federal, state, and local records
25    regarding wanted persons;

 

 

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1        (4) all available federal, state, and local records of
2    domestic violence restraining and protective orders;
3        (5) the files of the Department of Human Services
4    relating to mental health and developmental disabilities;
5    and
6        (6) all other available records of a federal, state, or
7    local agency or other public entity in any jurisdiction
8    likely to contain information relevant to whether the
9    applicant is prohibited from purchasing, possessing, or
10    carrying a firearm under federal, state, or local law.
 
11    Section 40. Non-resident license applications.
12    (a) For the purposes of this Section, "non-resident" means
13a person who has not resided within this State for more than 30
14days and resides in another state or territory.
15    (b) The Department shall establish by rule and allow for
16non-resident license applications from any state or territory
17of the United States with laws related to firearm ownership,
18possession, and carrying, that are substantially similar to the
19requirements to obtain a license under this Act.
20    (c) A resident of a state or territory approved by the
21Department under subsection (b) of this Section may apply for a
22non-resident license. The applicant shall apply to the
23Department and must meet all of the qualifications established
24in Section 25 of this Act, except for the Illinois residency
25requirement in item (xiv) of paragraph (2) of subsection (a) of

 

 

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1Section 4 of the Firearm Owners Identification Card Act. The
2applicant shall submit:
3        (1) the application and documentation required under
4    Section 30 of this Act;
5        (2) a notarized document stating the applicant:
6            (A) is eligible under federal law and the laws of
7        his or her state or territory of residence to own or
8        possess a firearm;
9            (B) if applicable, has a license or permit to carry
10        a firearm or concealed firearm issued by his or her
11        state or territory of residence and attach a copy of
12        the license or permit to the application;
13            (C) understands Illinois laws pertaining to the
14        possession and transport of firearms, and
15            (D) acknowledgement that the applicant is subject
16        to the jurisdiction of the Department and Illinois
17        courts for any violation of this Act; and
18        (3) a photocopy or other evidence to show compliance
19    with the training requirements under Section 75 of this
20    Act;
21        (4) a head and shoulder color photograph in a size
22    specified by the Department taken within the 30 days
23    preceding the date of the application; and
24        (5) a $300 application fee.
25    (d) In lieu of an Illinois driver's license or Illinois
26identification card, a non-resident applicant shall provide

 

 

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1similar documentation from his or her state or territory of
2residence. In lieu of a valid Firearm Owner's Identification
3Card, the applicant shall submit documentation and information
4required by the Department to obtain a Firearm Owner's
5Identification Card, including an affidavit that the
6non-resident meets the mental health standards to obtain a
7firearm under Illinois law, and the Department shall ensure
8that the applicant would meet the eligibility criteria to
9obtain a Firearm Owner's Identification card if he or she was a
10resident of this State.
11    (e) Nothing in this Act shall prohibit a non-resident from
12transporting a concealed firearm within his or her vehicle in
13Illinois, if the concealed firearm remains within his or her
14vehicle and the non-resident:
15        (1) is not prohibited from owning or possessing a
16    firearm under federal law;
17        (2) is eligible to carry a firearm under the laws of
18    his or her state or territory of residence; and
19        (3) is not in possession of a license under this Act.
20    If the non-resident leaves his or her vehicle unattended,
21he or she shall store the firearm within a locked vehicle or
22locked container within the vehicle in accordance with
23subsection (b) of Section 65 of this Act.
 
24    Section 45. Civil immunity; Board, employees, and agents.
25The Board, Department, local law enforcement agency, or

 

 

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1employees and agents of the Board, Department, or local law
2enforcement agency participating in the licensing process
3under this Act shall not be held liable for damages in any
4civil action arising from alleged wrongful or improper
5granting, denying, renewing, revoking, suspending, or failing
6to grant, deny, renew, revoke, or suspend a license under this
7Act, except for willful or wanton misconduct.
 
8    Section 50. License renewal.
9    Applications for renewal of a license shall be made to the
10Department. A license shall be renewed for a period of 5 years
11upon receipt of a completed renewal application, completion of
123 hours of training required under Section 75 of this Section,
13applicable renewal fee, and completion of an investigation
14under Section 35 of this Act. The renewal application shall
15contain the information required in Section 30 of this Act,
16except that the applicant need not resubmit a full set of
17fingerprints.
 
18    Section 55. Change of address or name; lost, destroyed, or
19stolen licenses.
20    (a) A licensee shall notify the Department within 30 days
21of moving or changing residence or any change of name. The
22licensee shall submit:
23        (1) a notarized statement that the licensee has changed
24    his or her residence or his or her name, including the

 

 

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1    prior and current address or name and the date the
2    applicant moved or changed his or her name; and
3        (2) the requisite fee.
4    (b) A licensee shall notify the Department within 10 days
5of discovering that a license is lost, destroyed, or stolen. A
6lost, destroyed, or stolen license is invalid. To request a
7replacement license, the licensee shall submit:
8        (1) a notarized statement that the licensee no longer
9    possesses the license, and that it was lost, destroyed, or
10    stolen;
11        (2) if applicable, a copy of a police report stating
12    that the license was stolen; and
13        (3) the requisite fee.
14    (c) A violation of this Section is a petty offense with a
15fine of $150 which shall be deposited into the Mental Health
16Reporting Fund.
 
17    Section 60. Fees.
18    (a) All fees collected under this Act shall be deposited as
19provided in this Section. Application fees shall be
20non-refundable.
21    (b) An applicant for a new license or a renewal shall
22submit $150 with the application, of which $120 shall be
23apportioned to the State Police Firearm Services Fund, $20
24shall be apportioned to the Mental Health Reporting Fund, and
25$10 shall be apportioned to the State Crime Laboratory Fund.

 

 

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1    (c) A non-resident applicant for a new license or renewal
2shall submit $300 with the application, of which $250 shall be
3apportioned to the State Police Firearm Services Fund, $40
4shall be apportioned to the Mental Health Reporting Fund, and
5$10 shall be apportioned to the State Crime Laboratory Fund.
6    (d) A licensee requesting a new license in accordance with
7Section 55 shall submit $75, of which $60 shall be apportioned
8to the State Police Firearm Services Fund, $5 shall be
9apportioned to the Mental Health Reporting Fund, and $10 shall
10be apportioned to the State Crime Laboratory Fund.
 
11    Section 65. Prohibited areas.
12    (a) A licensee under this Act shall not knowingly carry a
13firearm into:
14        (1) Any building, real property, and parking area under
15    the control of an elementary or secondary school.
16        (2) Any building, real property, and parking area under
17    the control of a pre-school or child care facility,
18    including any room or portion of a building under the
19    control of a pre-school or child care facility. Nothing in
20    this paragraph shall prevent the operator of a child care
21    facility in a family home from owning or possessing a
22    firearm in the home or license under this Act, if no child
23    under child care at the home is present in the home or the
24    firearm in the home is stored in a locked container when a
25    child under child care at the home is present in the home.

 

 

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1        (3) Any building, parking area, or portion of a
2    building under the control of an officer of the executive
3    or legislative branch of government, provided that nothing
4    in this paragraph shall prohibit a licensee from carrying a
5    concealed firearm onto the real property, bikeway, or trail
6    in a park regulated by the Department of Natural Resources
7    or any other designated public hunting area or building
8    where firearm possession is permitted as established by the
9    Department of Natural Resources under Section 1.8 of the
10    Wildlife Code.
11        (4) Any building designated for matters before a
12    circuit court, appellate court, or the Supreme Court, and
13    any building or portion of a building under the control of
14    the Supreme Court.
15        (5) Any building or potion of a building under the
16    control of a unit of local government.
17        (6) Any building, real property, and parking area under
18    the control of an adult or juvenile detention or
19    correctional institution, prison, or jail.
20        (7) Any building, real property, and parking area under
21    the control of a public or private hospital, mental health
22    facility, or nursing home.
23        (8) Any bus, train, or form of transportation paid for
24    in whole or in part with public funds, and any building,
25    real property, and parking area under the control of a
26    public transportation facility paid for in whole or in part

 

 

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1    with public funds.
2        (9) Any building, real property, and parking area under
3    the control of an establishment that serves alcohol on its
4    premises, if more than 50% of the establishment's gross
5    receipts within the prior 3 months is from the sale of
6    alcohol.
7        (10) Any public gathering or special event conducted on
8    property open to the public that requires the issuance of a
9    permit from the unit of local government, provided this
10    prohibition shall not apply to a licensee who must walk
11    through a public gathering in order to access his or her
12    residence, place of business, or vehicle.
13        (11) Any building or real property that has been issued
14    a Special Event Retailer liquor license as defined in
15    Section 1-3.17.1 of the Liquor Control Act during the time
16    designated for the sale of alcohol by the special event
17    retailer license, or a Special Use Permit liquor license as
18    defined in subsection (q) of Section 5-1 of the Liquor
19    Control Act during the time designated for the sale of
20    alcohol by the special use permit license.
21        (12) Any public playground.
22        (13) Any public park, athletic area, or athletic
23    facility under the control of a municipality or park
24    district, provided nothing in this Section shall prohibit a
25    licensee from carrying a concealed firearm while on a trail
26    or bikeway if only a portion of the trail or bikeway

 

 

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1    includes a public park.
2        (14) Any real property under the control of the Cook
3    County Forest Preserve District.
4        (15) Any building, classroom, laboratory, medical
5    clinic, hospital, artistic venue, athletic venue,
6    entertainment venue, officially recognized
7    university-related organization property, whether owned or
8    leased, and any real property, including parking areas,
9    sidewalks, and common areas under the control of a public
10    or private community college, college, or university.
11        (16) Any building, real property, or parking area under
12    the control of a gaming facility licensed under the
13    Riverboat Gambling Act or the Illinois Horse Racing Act of
14    1975, including an inter-track wagering location licensee.
15        (17) Any stadium, arena, or the real property or
16    parking area under the control of a stadium, arena, or any
17    collegiant or professional sporting event.
18        (18) Any building, real property, or parking area under
19    the control of a public library.
20        (19) Any building, real property, or parking area under
21    the control of an airport.
22        (20) Any building, real property, or parking area under
23    the control of an amusement park.
24        (21) Any building, real property, or parking area under
25    the control of a zoo or museum.
26        (22) Any area where firearms are prohibited under

 

 

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

 

 

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

 

 

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1this Section as a prohibited area, unless the building or
2premises is a private residence. Signs shall be of a uniform
3design as established by the Department and shall be 4 inches
4by 6 inches in size. The Department shall adopt rules for
5standardized signs to be used under this subsection.
 
6    Section 70. Violations.
7    (a) A license issued or renewed under this Act shall be
8revoked if, at any time, the licensee is found to be ineligible
9for a license under this Act or the licensee no longer meets
10the eligibility requirements of the Firearm Owners
11Identification Card Act.
12    (b) A license shall be suspended if an order of protection,
13emergency order of protection, plenary order of protection, or
14interim order of protection under Article 112A of the Code of
15Criminal Procedure of 1963 or under the Illinois Domestic
16Violence Act of 1986 is issued against a licensee for the
17duration of the order, or if the Department is made aware of a
18similar order issued against the licensee in any other
19jurisdiction. If an order of protection is issued against a
20licensee, the licensee shall surrender the license, as
21applicable, to the court at the time the order is entered or to
22the law enforcement agency or entity serving process at the
23time the licensee is served the order. The court, law
24enforcement agency, or entity responsible for serving the order
25shall notify the Department within 7 days and transmit the

 

 

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1license to the Department.
2    (c) A license is invalid upon expiration of the license,
3unless the licensee has submitted an application to renew the
4license, and the applicant is otherwise eligible to possess a
5license under this Act.
6    (d) A licensee shall not carry a concealed firearm while
7under the influence of alcohol, other drug or drugs,
8intoxicating compound or combination of compounds, or any
9combination thereof, under the standards set forth in
10subsection (a) of Section 11-501 of the Illinois Vehicle Code.
11    (e) A licensee in violation of this Section or Section 65
12of this Act shall be guilty of a Class B misdemeanor. A second
13or subsequent violation is a Class A misdemeanor. The
14Department may suspend a license for up to 6 months for a
15second violation and shall permanently revoke a license for 3
16or more violations of Section 65 of this Act. Any person
17convicted of a violation under this Section shall pay a $150
18fee to be deposited into the Mental Health Reporting Fund, plus
19any applicable court costs or fees.
20    (f) A licensee convicted or found guilty of a violation of
21this Act who has a valid license and is otherwise eligible to
22carry a concealed firearm shall only be subject to the
23penalties under this Section and shall not be subject to the
24penalties under Section 21-6, paragraph (4), (8), or (10) of
25subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
26of paragraph (3) of subsection (a) of Section 24-1.6 of the

 

 

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1Criminal Code of 2012. Except as otherwise provided in this
2subsection, nothing in this subsection prohibits the licensee
3from being subjected to penalties for violations other than
4those specified in this Act.
5    (g) A licensee whose license is revoked, suspended, or
6denied shall, within 48 hours of receiving notice of the
7revocation, suspension, or denial surrender his or her
8concealed carry license to the local law enforcement agency
9where the person resides. The local law enforcement agency
10shall provide the licensee a receipt and transmit the concealed
11carry license to the Department of State Police. If the
12licensee whose concealed carry license has been revoked,
13suspended, or denied fails to comply with the requirements of
14this subsection, the law enforcement agency where the person
15resides may petition the circuit court to issue a warrant to
16search for and seize the concealed carry license in the
17possession and under the custody or control of the licensee
18whose concealed carry license has been revoked, suspended, or
19denied. The observation of a concealed carry license in the
20possession of a person whose license has been revoked,
21suspended, or denied constitutes a sufficient basis for the
22arrest of that person for violation of this subsection. A
23violation of this subsection is a Class A misdemeanor.
 
24    Section 75. Applicant firearm training.
25    (a) Within 45 days of the effective date of this Act, the

 

 

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

 

 

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

 

 

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1    (h) A person who has qualified to carry a firearm as an
2active law enforcement officer, a person certified as a
3firearms instructor by this Act or the Illinois Law Enforcement
4Training Standards Board, and a person who has completed the
5required training and has been issued a firearm control card by
6the Department of Financial and Professional Regulation shall
7be exempt from the requirements of this Section.
 
8    Section 80. Firearms instructor training.
9    (a) Within 45 days of the effective date of this Act, the
10Department shall begin approval of certified firearms
11instructors and enter certified firearms instructors into an
12online registry on the Department's website.
13    (b) A person who is not a certified firearms instructor
14shall not teach applicant training courses or advertise or
15otherwise represent courses they teach as qualifying their
16students to meet the requirements to receive a license under
17this Act. Each violation of this subsection is a business
18offense with a fine of at least $1,000 per violation.
19    (c) A person seeking to become a certified firearms
20instructor shall:
21        (1) be at least 21 years of age;
22        (2) be a legal resident of the United States; and
23        (3) meet the requirements of Section 25 of this Act,
24    and any additional uniformly applied requirements
25    established by the Department.

 

 

09800SB2193ham001- 32 -LRB098 10174 MRW 46317 a

1    (d) A person seeking to become a certified firearms
2instructor trainer, in addition to the requirements of
3subsection (c) of this Section, shall:
4        (1) possess a high school diploma or GED certificate;
5    and
6        (2) have at least one of the following valid firearms
7    instructor certifications:
8            (A) certification from a law enforcement agency;
9        or
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; and
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 Dealer Sales.
24     A license to carry a concealed firearm issued by this
25State shall not exempt the licensee from the requirements of a

 

 

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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, carrying, and
22transportation of firearms are exclusive powers and function of
23the State. Except as explicitly provided in this Act, a home
24rule unit may not regulate or license any matter related to

 

 

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1firearms, including the possession, carrying, and
2transportation of firearms. This Section is a limitation under
3subsection (h) of Section 6 of Article VII of the Illinois
4Constitution on the exercise by home rule units of powers and
5functions exercised by the State. Any municipal law or
6ordinance inconsistent with this Section shall be invalidated
7upon the effective date of this Act.
 
8    Section 92. Consolidation of concealed carry license and
9Firearm Owner's Identification Card.
10    (a) A task force shall be created and appointed to develop
11a plan to incorporate and consolidate the concealed carry
12license under this Act and the Firearm Owner's Identification
13Card under the Firearm Owners Identification Card Act into a
14single card that can identify a person with authority to
15possess a firearm under the Firearm Owners Identification Card
16Act, or authority to possess a firearm under the Firearm Owners
17Identification Card Act and authority to carry a concealed
18firearm under this Act. The plan shall include statutory
19changes necessary to implement the Firearm Owner's
20Identification Card and concealed carry license consolidation.
21    (b) The task force shall consist of the following members:
22        (1) one member appointed by the Speaker of the House;
23        (2) one member appointed by the House Minority Leader;
24        (3) one member appointed by the President of the
25    Senate;

 

 

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1        (4) one member appointed by the Senate Minority Leader;
2        (5) one member appointed by the Secretary of State;
3        (6) one member appointed by the Director of the
4    Department of State Police; and
5        (7) one member appointed by the Speaker representing
6    the National Rifle Association.
 
7    Section 95. Rulemaking.
8    The Department shall adopt rules to implement the
9provisions of this Act.
 
10    Section 100. Short title. Sections 100 through 110 may be
11cited as the School Administrator Reporting of Mental Health
12Clear and Present Danger Determinations Law.
 
13    Section 105. Duty of school administrator. It is the duty
14of the principal of a public elementary or secondary school, or
15his or her designee, and the chief administrative officer of a
16private elementary or secondary school or a public or private
17community college, college, or university, or his or her
18designee, to report to the Department of Human Services when a
19student is determined to pose a clear and present danger to
20himself, herself, or to others within 24 hours of the
21determination as provided in Section 6-103.3 of the Mental
22Health and Developmental Disabilities Code. "Clear and present
23danger" has the meaning as defined in paragraph (2) of the

 

 

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1definition of "clear and present danger" in Section 1.1 of the
2Firearm Owners Identification Card Act.
 
3    Section 110. Immunity. A principal or chief administrative
4officer, or the designee of a principal of chief administrative
5officer, making the determination and report under Section 105
6of this Law shall not be held criminally, civilly, or
7professionally liable, except for willful or wanton
8misconduct.
 
9    Section 115. The Open Meetings Act is amended by changing
10Section 2 as follows:
 
11    (5 ILCS 120/2)  (from Ch. 102, par. 42)
12    Sec. 2. Open meetings.
13    (a) Openness required. All meetings of public bodies shall
14be open to the public unless excepted in subsection (c) and
15closed in accordance with Section 2a.
16    (b) Construction of exceptions. The exceptions contained
17in subsection (c) are in derogation of the requirement that
18public bodies meet in the open, and therefore, the exceptions
19are to be strictly construed, extending only to subjects
20clearly within their scope. The exceptions authorize but do not
21require the holding of a closed meeting to discuss a subject
22included within an enumerated exception.
23    (c) Exceptions. A public body may hold closed meetings to

 

 

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1consider the following subjects:
2        (1) The appointment, employment, compensation,
3    discipline, performance, or dismissal of specific
4    employees of the public body or legal counsel for the
5    public body, including hearing testimony on a complaint
6    lodged against an employee of the public body or against
7    legal counsel for the public body to determine its
8    validity.
9        (2) Collective negotiating matters between the public
10    body and its employees or their representatives, or
11    deliberations concerning salary schedules for one or more
12    classes of employees.
13        (3) The selection of a person to fill a public office,
14    as defined in this Act, including a vacancy in a public
15    office, when the public body is given power to appoint
16    under law or ordinance, or the discipline, performance or
17    removal of the occupant of a public office, when the public
18    body is given power to remove the occupant under law or
19    ordinance.
20        (4) Evidence or testimony presented in open hearing, or
21    in closed hearing where specifically authorized by law, to
22    a quasi-adjudicative body, as defined in this Act, provided
23    that the body prepares and makes available for public
24    inspection a written decision setting forth its
25    determinative reasoning.
26        (5) The purchase or lease of real property for the use

 

 

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1    of the public body, including meetings held for the purpose
2    of discussing whether a particular parcel should be
3    acquired.
4        (6) The setting of a price for sale or lease of
5    property owned by the public body.
6        (7) The sale or purchase of securities, investments, or
7    investment contracts. This exception shall not apply to the
8    investment of assets or income of funds deposited into the
9    Illinois Prepaid Tuition Trust Fund.
10        (8) Security procedures and the use of personnel and
11    equipment to respond to an actual, a threatened, or a
12    reasonably potential danger to the safety of employees,
13    students, staff, the public, or public property.
14        (9) Student disciplinary cases.
15        (10) The placement of individual students in special
16    education programs and other matters relating to
17    individual students.
18        (11) Litigation, when an action against, affecting or
19    on behalf of the particular public body has been filed and
20    is pending before a court or administrative tribunal, or
21    when the public body finds that an action is probable or
22    imminent, in which case the basis for the finding shall be
23    recorded and entered into the minutes of the closed
24    meeting.
25        (12) The establishment of reserves or settlement of
26    claims as provided in the Local Governmental and

 

 

09800SB2193ham001- 39 -LRB098 10174 MRW 46317 a

1    Governmental Employees Tort Immunity Act, if otherwise the
2    disposition of a claim or potential claim might be
3    prejudiced, or the review or discussion of claims, loss or
4    risk management information, records, data, advice or
5    communications from or with respect to any insurer of the
6    public body or any intergovernmental risk management
7    association or self insurance pool of which the public body
8    is a member.
9        (13) Conciliation of complaints of discrimination in
10    the sale or rental of housing, when closed meetings are
11    authorized by the law or ordinance prescribing fair housing
12    practices and creating a commission or administrative
13    agency for their enforcement.
14        (14) Informant sources, the hiring or assignment of
15    undercover personnel or equipment, or ongoing, prior or
16    future criminal investigations, when discussed by a public
17    body with criminal investigatory responsibilities.
18        (15) Professional ethics or performance when
19    considered by an advisory body appointed to advise a
20    licensing or regulatory agency on matters germane to the
21    advisory body's field of competence.
22        (16) Self evaluation, practices and procedures or
23    professional ethics, when meeting with a representative of
24    a statewide association of which the public body is a
25    member.
26        (17) The recruitment, credentialing, discipline or

 

 

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1    formal peer review of physicians or other health care
2    professionals for a hospital, or other institution
3    providing medical care, that is operated by the public
4    body.
5        (18) Deliberations for decisions of the Prisoner
6    Review Board.
7        (19) Review or discussion of applications received
8    under the Experimental Organ Transplantation Procedures
9    Act.
10        (20) The classification and discussion of matters
11    classified as confidential or continued confidential by
12    the State Government Suggestion Award Board.
13        (21) Discussion of minutes of meetings lawfully closed
14    under this Act, whether for purposes of approval by the
15    body of the minutes or semi-annual review of the minutes as
16    mandated by Section 2.06.
17        (22) Deliberations for decisions of the State
18    Emergency Medical Services Disciplinary Review Board.
19        (23) The operation by a municipality of a municipal
20    utility or the operation of a municipal power agency or
21    municipal natural gas agency when the discussion involves
22    (i) contracts relating to the purchase, sale, or delivery
23    of electricity or natural gas or (ii) the results or
24    conclusions of load forecast studies.
25        (24) Meetings of a residential health care facility
26    resident sexual assault and death review team or the

 

 

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1    Executive Council under the Abuse Prevention Review Team
2    Act.
3        (25) Meetings of an independent team of experts under
4    Brian's Law.
5        (26) Meetings of a mortality review team appointed
6    under the Department of Juvenile Justice Mortality Review
7    Team Act.
8        (27) Confidential information, when discussed by one
9    or more members of an elder abuse fatality review team,
10    designated under Section 15 of the Elder Abuse and Neglect
11    Act, while participating in a review conducted by that team
12    of the death of an elderly person in which abuse or neglect
13    is suspected, alleged, or substantiated; provided that
14    before the review team holds a closed meeting, or closes an
15    open meeting, to discuss the confidential information,
16    each participating review team member seeking to disclose
17    the confidential information in the closed meeting or
18    closed portion of the meeting must state on the record
19    during an open meeting or the open portion of a meeting the
20    nature of the information to be disclosed and the legal
21    basis for otherwise holding that information confidential.
22        (28) Correspondence and records (i) that may not be
23    disclosed under Section 11-9 of the Public Aid Code or (ii)
24    that pertain to appeals under Section 11-8 of the Public
25    Aid Code.
26        (29) Meetings between internal or external auditors

 

 

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1    and governmental audit committees, finance committees, and
2    their equivalents, when the discussion involves internal
3    control weaknesses, identification of potential fraud risk
4    areas, known or suspected frauds, and fraud interviews
5    conducted in accordance with generally accepted auditing
6    standards of the United States of America.
7        (30) Deliberations for decisions of the Concealed
8    Carry Licensing Review Board under the Firearm Concealed
9    Carry Act.
10    (d) Definitions. For purposes of this Section:
11    "Employee" means a person employed by a public body whose
12relationship with the public body constitutes an
13employer-employee relationship under the usual common law
14rules, and who is not an independent contractor.
15    "Public office" means a position created by or under the
16Constitution or laws of this State, the occupant of which is
17charged with the exercise of some portion of the sovereign
18power of this State. The term "public office" shall include
19members of the public body, but it shall not include
20organizational positions filled by members thereof, whether
21established by law or by a public body itself, that exist to
22assist the body in the conduct of its business.
23    "Quasi-adjudicative body" means an administrative body
24charged by law or ordinance with the responsibility to conduct
25hearings, receive evidence or testimony and make
26determinations based thereon, but does not include local

 

 

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1electoral boards when such bodies are considering petition
2challenges.
3    (e) Final action. No final action may be taken at a closed
4meeting. Final action shall be preceded by a public recital of
5the nature of the matter being considered and other information
6that will inform the public of the business being conducted.
7(Source: P.A. 96-1235, eff. 1-1-11; 96-1378, eff. 7-29-10;
896-1428, eff. 8-11-10; 97-318, eff. 1-1-12; 97-333, eff.
98-12-11; 97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876,
10eff. 8-1-12.)
 
11    Section 120. The Freedom of Information Act is amended by
12changing Section 7.5 as follows:
 
13    (5 ILCS 140/7.5)
14    Sec. 7.5. Statutory Exemptions. To the extent provided for
15by the statutes referenced below, the following shall be exempt
16from inspection and copying:
17    (a) All information determined to be confidential under
18Section 4002 of the Technology Advancement and Development Act.
19    (b) Library circulation and order records identifying
20library users with specific materials under the Library Records
21Confidentiality Act.
22    (c) Applications, related documents, and medical records
23received by the Experimental Organ Transplantation Procedures
24Board and any and all documents or other records prepared by

 

 

09800SB2193ham001- 44 -LRB098 10174 MRW 46317 a

1the Experimental Organ Transplantation Procedures Board or its
2staff relating to applications it has received.
3    (d) Information and records held by the Department of
4Public Health and its authorized representatives relating to
5known or suspected cases of sexually transmissible disease or
6any information the disclosure of which is restricted under the
7Illinois Sexually Transmissible Disease Control Act.
8    (e) Information the disclosure of which is exempted under
9Section 30 of the Radon Industry Licensing Act.
10    (f) Firm performance evaluations under Section 55 of the
11Architectural, Engineering, and Land Surveying Qualifications
12Based Selection Act.
13    (g) Information the disclosure of which is restricted and
14exempted under Section 50 of the Illinois Prepaid Tuition Act.
15    (h) Information the disclosure of which is exempted under
16the State Officials and Employees Ethics Act, and records of
17any lawfully created State or local inspector general's office
18that would be exempt if created or obtained by an Executive
19Inspector General's office under that Act.
20    (i) Information contained in a local emergency energy plan
21submitted to a municipality in accordance with a local
22emergency energy plan ordinance that is adopted under Section
2311-21.5-5 of the Illinois Municipal Code.
24    (j) Information and data concerning the distribution of
25surcharge moneys collected and remitted by wireless carriers
26under the Wireless Emergency Telephone Safety Act.

 

 

09800SB2193ham001- 45 -LRB098 10174 MRW 46317 a

1    (k) Law enforcement officer identification information or
2driver identification information compiled by a law
3enforcement agency or the Department of Transportation under
4Section 11-212 of the Illinois Vehicle Code.
5    (l) Records and information provided to a residential
6health care facility resident sexual assault and death review
7team or the Executive Council under the Abuse Prevention Review
8Team Act.
9    (m) Information provided to the predatory lending database
10created pursuant to Article 3 of the Residential Real Property
11Disclosure Act, except to the extent authorized under that
12Article.
13    (n) Defense budgets and petitions for certification of
14compensation and expenses for court appointed trial counsel as
15provided under Sections 10 and 15 of the Capital Crimes
16Litigation Act. This subsection (n) shall apply until the
17conclusion of the trial of the case, even if the prosecution
18chooses not to pursue the death penalty prior to trial or
19sentencing.
20    (o) Information that is prohibited from being disclosed
21under Section 4 of the Illinois Health and Hazardous Substances
22Registry Act.
23    (p) Security portions of system safety program plans,
24investigation reports, surveys, schedules, lists, data, or
25information compiled, collected, or prepared by or for the
26Regional Transportation Authority under Section 2.11 of the

 

 

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1Regional Transportation Authority Act or the St. Clair County
2Transit District under the Bi-State Transit Safety Act.
3    (q) Information prohibited from being disclosed by the
4Personnel Records Review Act.
5    (r) Information prohibited from being disclosed by the
6Illinois School Student Records Act.
7    (s) Information the disclosure of which is restricted under
8Section 5-108 of the Public Utilities Act.
9    (t) All identified or deidentified health information in
10the form of health data or medical records contained in, stored
11in, submitted to, transferred by, or released from the Illinois
12Health Information Exchange, and identified or deidentified
13health information in the form of health data and medical
14records of the Illinois Health Information Exchange in the
15possession of the Illinois Health Information Exchange
16Authority due to its administration of the Illinois Health
17Information Exchange. The terms "identified" and
18"deidentified" shall be given the same meaning as in the Health
19Insurance Accountability and Portability Act of 1996, Public
20Law 104-191, or any subsequent amendments thereto, and any
21regulations promulgated thereunder.
22    (u) Records and information provided to an independent team
23of experts under Brian's Law.
24    (v) Names and information of people who have applied for or
25received Firearm Owner's Identification Cards under the
26Firearm Owners Identification Card Act or applied for or

 

 

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1received a concealed carry license under the Firearm Concealed
2Carry Act, unless otherwise authorized by the Firearm Concealed
3Carry Act; and databases under the Firearm Concealed Carry Act,
4records of the Concealed Carry Licensing Review Board under the
5Firearm Concealed Carry Act, and law enforcement agency
6objections under the Firearm Concealed Carry Act.
7    (w) Personally identifiable information which is exempted
8from disclosure under subsection (g) of Section 19.1 of the
9Toll Highway Act.
10    (x) Information which is exempted from disclosure under
11Section 5-1014.3 of the Counties Code or Section 8-11-21 of the
12Illinois Municipal Code.
13(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;
1496-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff.
158-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976,
16eff. 1-1-13.)
 
17    Section 122. The Secretary of State Act is amended by
18adding Section 13.5 as follows:
 
19    (15 ILCS 305/13.5 new)
20    Sec. 13.5. Department of State Police access to driver's
21license and identification card photographs.
22    The Secretary of State shall allow the Department of State
23Police to access the driver's license or Illinois
24Identification card photograph, if available, of an applicant

 

 

09800SB2193ham001- 48 -LRB098 10174 MRW 46317 a

1for a firearm concealed carry license under the Firearm
2Concealed Carry Act for the purpose of identifying the firearm
3concealed carry license applicant and issuing a license to the
4applicant.
 
5    Section 125. The Department of State Police Law of the
6Civil Administrative Code of Illinois is amended by changing
7Section 2605-300 and by adding Section 2605-595 as follows:
 
8    (20 ILCS 2605/2605-300)  (was 20 ILCS 2605/55a in part)
9    Sec. 2605-300. Records; crime laboratories; personnel. To
10do the following:
11        (1) Be a central repository and custodian of criminal
12    statistics for the State.
13        (2) Be a central repository for criminal history record
14    information.
15        (3) Procure and file for record information that is
16    necessary and helpful to plan programs of crime prevention,
17    law enforcement, and criminal justice.
18        (4) Procure and file for record copies of fingerprints
19    that may be required by law.
20        (5) Establish general and field crime laboratories.
21        (6) Register and file for record information that may
22    be required by law for the issuance of firearm owner's
23    identification cards under the Firearm Owners
24    Identification Card Act and concealed carry licenses under

 

 

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1    the Firearm Concealed Carry Act.
2        (7) Employ polygraph operators, laboratory
3    technicians, and other specially qualified persons to aid
4    in the identification of criminal activity.
5        (8) Undertake other identification, information,
6    laboratory, statistical, or registration activities that
7    may be required by law.
8(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
9eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,
10eff. 8-14-98; 91-239, eff. 1-1-00.)
 
11    (20 ILCS 2605/2605-595 new)
12    Sec. 2605-595. State Police Firearm Services Fund.
13    (a) There is created in the State treasury a special fund
14known as the State Police Firearm Services Fund. The Fund shall
15receive revenue under the Firearm Concealed Carry Act and
16Section 5 of the Firearm Owners Identification Card Act. The
17Fund may also receive revenue from grants, pass-through grants,
18donations, appropriations, and any other legal source.
19    (b) The Department of State Police may use moneys in the
20Fund to finance any of its lawful purposes, mandates,
21functions, and duties under the Firearm Owners Identification
22Card Act and the Firearm Concealed Carry Act, including the
23cost of sending notices of expiration of Firearm Owner's
24Identification Cards, concealed carry licenses, the prompt and
25efficient processing of applications under the Firearm Owners

 

 

09800SB2193ham001- 50 -LRB098 10174 MRW 46317 a

1Identification Card Act and the Firearm Concealed Carry Act,
2the improved efficiency and reporting of the LEADS and federal
3NICS law enforcement data systems, and support for
4investigations required under these Acts and law. Any surplus
5funds beyond what is needed to comply with the aforementioned
6purposes shall be used by the Department to improve the LEADS
7and criminal history background check system.
8    (c) Investment income that is attributable to the
9investment of moneys in the Fund shall be retained in the Fund
10for the uses specified in this Section.
 
11    Section 130. The State Finance Act is amended by adding
12Sections 5.826, 5.827, and 6z-98 as follows:
 
13    (30 ILCS 105/5.826 new)
14    Sec. 5.826. The Mental Health Reporting Fund.
 
15    (30 ILCS 105/5.827 new)
16    Sec. 5.827. The State Police Firearm Services Fund.
 
17    (30 ILCS 105/6z-98 new)
18    Sec. 6z-98. The Mental Health Reporting Fund.
19    (a) There is created in the State treasury a special fund
20known as the Mental Health Reporting Fund. The Fund shall
21receive revenue under the Firearm Concealed Carry Act. The Fund
22may also receive revenue from grants, pass-through grants,

 

 

09800SB2193ham001- 51 -LRB098 10174 MRW 46317 a

1donations, appropriations, and any other legal source.
2    (b) The Department of State Police and Department of Human
3Services shall coordinate to use moneys in the Fund to finance
4their respective duties of collecting and reporting data on
5mental health records and ensuring that mental health firearm
6possession prohibitors are enforced as set forth under the
7Firearm Concealed Carry Act and the Firearm Owners
8Identification Card Act. Any surplus in the Fund beyond what is
9necessary to ensure compliance with mental health reporting
10under these Acts shall be used by the Department of Human
11Services for mental health treatment programs.
12    (c) Investment income that is attributable to the
13investment of moneys in the Fund shall be retained in the Fund
14for the uses specified in this Section.
 
15    (30 ILCS 105/5.206 rep.)
16    Section 135. The State Finance Act is amended by repealing
17Section 5.206.
 
18    Section 140. The Illinois Explosives Act is amended by
19changing Section 2005 as follows:
 
20    (225 ILCS 210/2005)  (from Ch. 96 1/2, par. 1-2005)
21    Sec. 2005. Qualifications for licensure.
22    (a) No person shall qualify to hold a license who:
23        (1) is under 21 years of age;

 

 

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1        (2) has been convicted in any court of a crime
2    punishable by imprisonment for a term exceeding one year;
3        (3) is under indictment for a crime punishable by
4    imprisonment for a term exceeding one year;
5        (4) is a fugitive from justice;
6        (5) is an unlawful user of or addicted to any
7    controlled substance as defined in Section 102 of the
8    federal Controlled Substances Act (21 U.S.C. Sec. 802 et
9    seq.);
10        (6) has been adjudicated a mentally disabled person as
11    defined in Section 1.1 of the Firearm Owners Identification
12    Card Act mental defective; or
13        (7) is not a legal citizen of the United States.
14    (b) A person who has been granted a "relief from
15disabilities" regarding criminal convictions and indictments,
16pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.
17845) may receive a license provided all other qualifications
18under this Act are met.
19(Source: P.A. 96-1194, eff. 1-1-11.)
 
20    Section 145. The Mental Health and Developmental
21Disabilities Code is amended by changing Section 6-103.1 and by
22adding Sections 6-103.2 and 6-103.3 as follows:
 
23    (405 ILCS 5/6-103.1)
24    Sec. 6-103.1. Adjudication as a mentally disabled person

 

 

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1mental defective.
2    (a) When a person has been adjudicated as a mentally
3disabled person mental defective as defined in Section 1.1 of
4the Firearm Owners Identification Card Act, including, but not
5limited to, an adjudication as a disabled person as defined in
6Section 11a-2 of the Probate Act of 1975, the court shall
7direct the circuit court clerk to immediately notify the
8Department of State Police, Firearm Owner's Identification
9(FOID) Office, in a form and manner prescribed by the
10Department of State Police, and shall forward a copy of the
11court order to the Department no later than 7 days after the
12entry of the order. Upon receipt of the order, the Department
13of State Police shall provide notification to the National
14Instant Criminal Background Check System.
15(Source: P.A. 97-1131, eff. 1-1-13.)
 
16    (405 ILCS 5/6-103.2 new)
17    Sec. 6-103.2. Developmental disability; notice.
18    If a person is determined to be developmentally disabled as
19defined in Section 1.1 of the Firearm Owners Identification
20Card Act by a physician, clinical psychologist, or qualified
21examiner, whether practicing at a public or by a private mental
22health facility or developmental disability facility, the
23physician, clinical psychologist, or qualified examiner shall
24notify the Department of Human Services within 24 hours of
25making the determination that the person has a developmental

 

 

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1disability. The Department of Human Services shall immediately
2update its records and information relating to mental health
3and developmental disabilities, and if appropriate, shall
4notify the Department of State Police in a form and manner
5prescribed by the Department of State Police. Information
6disclosed under this Section shall remain privileged and
7confidential, and shall not be redisclosed, except as required
8under subsection (e) of Section 3.1 of the Firearm Owners
9Identification Card Act, nor used for any other purpose. The
10method of providing this information shall guarantee that the
11information is not released beyond that which is necessary for
12the purpose of this Section and shall be provided by rule by
13the Department of Human Services. The identity of the person
14reporting under this Section shall not be disclosed to the
15subject of the report.
16    Absent willful or wanton misconduct, the physician,
17clinical psychologist, or qualified examiner making the
18determination may not be held criminally, civilly, or
19professionally liable for making or not making the notification
20required under this Section.
 
21    (405 ILCS 5/6-103.3 new)
22    Sec. 6-103.3. Clear and present danger; notice.
23    If a person is determined to pose a clear and present
24danger to himself, herself, or to others by a physician,
25clinical psychologist, or qualified examiner, whether employed

 

 

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1by the State, by any public or private mental health facility
2or part thereof, or by a school administrator, the physician,
3clinical psychologist, qualified examiner, or school
4administrator shall notify the Department of Human Services and
5a law enforcement official shall notify the Department of State
6Police, within 24 hours that the person poses a clear and
7present danger. The Department of Human Services shall
8immediately update the files relating to mental health and
9developmental disabilities, or if appropriate, shall notify
10the Department of State Police in a form and manner prescribed
11by the Department of State Police. Information disclosed under
12this subsection shall remain privileged and confidential, and
13shall not be redisclosed, except as required under subsection
14(e) of Section 3.1 of the Firearm Owners Identification Card
15Act, nor used for any other purpose. The method of providing
16this information shall guarantee that the information is not
17released beyond that which is necessary for the purpose of this
18Section. 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 shall not be held criminally, civilly, or
23professionally liable for making or not making the notification
24required under this subsection, except for willful or wanton
25misconduct. This Section does not apply to a law enforcement
26official, if making the notification under this Section will

 

 

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1interfere with a criminal investigation.
2    For the purposes of this Section:
3        "Clear and present danger" has the meaning ascribed to
4    it in Section 1.1 of the Firearm Owners Identification Card
5    Act.
6        "School administrator" means the person required to
7    report under the School Administrator Reporting of Mental
8    Health Clear and Present Danger Determinations Law.
 
9    Section 150. The Firearm Owners Identification Card Act is
10amended by changing Sections 1.1, 3.1, 4, 5, 8, 8.1, 9, 10, and
1113.2 and by adding Sections 5.1 and 9.5 as follows:
 
12    (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)
13    (Text of Section before amendment by P.A. 97-1167)
14    Sec. 1.1. For purposes of this Act:
15    "Has been adjudicated as a mental defective" means the
16person is the subject of a determination by a court, board,
17commission or other lawful authority that a person, as a result
18of marked subnormal intelligence, or mental illness, mental
19impairment, incompetency, condition, or disease:
20        (1) is a danger to himself, herself, or to others;
21        (2) lacks the mental capacity to manage his or her own
22    affairs;
23        (3) is not guilty in a criminal case by reason of
24    insanity, mental disease or defect;

 

 

09800SB2193ham001- 57 -LRB098 10174 MRW 46317 a

1        (4) is incompetent to stand trial in a criminal case;
2        (5) is not guilty by reason of lack of mental
3    responsibility pursuant to Articles 50a and 72b of the
4    Uniform Code of Military Justice, 10 U.S.C. 850a, 876b.
5    "Counterfeit" means to copy or imitate, without legal
6authority, with intent to deceive.
7    "Federally licensed firearm dealer" means a person who is
8licensed as a federal firearms dealer under Section 923 of the
9federal Gun Control Act of 1968 (18 U.S.C. 923).
10    "Firearm" means any device, by whatever name known, which
11is designed to expel a projectile or projectiles by the action
12of an explosion, expansion of gas or escape of gas; excluding,
13however:
14        (1) any pneumatic gun, spring gun, paint ball gun, or
15    B-B gun which expels a single globular projectile not
16    exceeding .18 inch in diameter or which has a maximum
17    muzzle velocity of less than 700 feet per second;
18        (1.1) any pneumatic gun, spring gun, paint ball gun, or
19    B-B gun which expels breakable paint balls containing
20    washable marking colors;
21        (2) any device used exclusively for signalling or
22    safety and required or recommended by the United States
23    Coast Guard or the Interstate Commerce Commission;
24        (3) any device used exclusively for the firing of stud
25    cartridges, explosive rivets or similar industrial
26    ammunition; and

 

 

09800SB2193ham001- 58 -LRB098 10174 MRW 46317 a

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

 

 

09800SB2193ham001- 59 -LRB098 10174 MRW 46317 a

1function, that is sponsored to facilitate the purchase, sale,
2transfer, or exchange of firearms as described in this Section.
3    "Gun show" does not include training or safety classes,
4competitive shooting events, such as rifle, shotgun, or handgun
5matches, trap, skeet, or sporting clays shoots, dinners,
6banquets, raffles, or any other event where the sale or
7transfer of firearms is not the primary course of business.
8    "Gun show promoter" means a person who organizes or
9operates a gun show.
10    "Gun show vendor" means a person who exhibits, sells,
11offers for sale, transfers, or exchanges any firearms at a gun
12show, regardless of whether the person arranges with a gun show
13promoter for a fixed location from which to exhibit, sell,
14offer for sale, transfer, or exchange any firearm.
15    "Sanctioned competitive shooting event" means a shooting
16contest officially recognized by a national or state shooting
17sport association, and includes any sight-in or practice
18conducted in conjunction with the event.
19    "Stun gun or taser" has the meaning ascribed to it in
20Section 24-1 of the Criminal Code of 2012.
21(Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13.)
 
22    (Text of Section after amendment by P.A. 97-1167)
23    Sec. 1.1. For purposes of this Act:
24    "Addicted to narcotics" means a person:
25        (1) convicted of an offense involving the use or

 

 

09800SB2193ham001- 60 -LRB098 10174 MRW 46317 a

1    possession of cannabis, a controlled substance, or
2    methamphetamine within the past year; or
3        (2) determined by the Department of State Police to be
4    addicted to narcotics based upon federal law or federal
5    guidelines.
6    "Addicted to narcotics" does not include possession or use
7of a prescribed controlled substance under the direction and
8authority of a physician or person authorized to prescribe the
9controlled substance and the controlled substance is used in
10the prescribed manner.
11    "Adjudicated Has been adjudicated as a mentally disabled
12person mental defective" means the person is the subject of a
13determination by a court, board, commission or other lawful
14authority that a person, as a result of marked subnormal
15intelligence, or mental illness, mental impairment,
16incompetency, condition, or disease:
17        (1) presents a clear and present is a danger to
18    himself, herself, or to others;
19        (2) lacks the mental capacity to manage his or her own
20    affairs or is adjudicated a disabled person as defined in
21    Section 11a-2 of the Probate Act of 1975;
22        (3) is not guilty in a criminal case by reason of
23    insanity, mental disease or defect;
24        (3.5) is guilty but mentally ill, as provided in
25    Section 5-2-6 of the Unified Code of Corrections;
26        (4) is incompetent to stand trial in a criminal case;

 

 

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1        (5) is not guilty by reason of lack of mental
2    responsibility under pursuant to Articles 50a and 72b of
3    the Uniform Code of Military Justice, 10 U.S.C. 850a,
4    876b; .
5        (6) has been found to be a sexually violent person
6    under the Sexually Violent Persons Commitment Act; or
7        (7) has been found to be a sexually dangerous person
8    under the Sexually Dangerous Persons Act.
9    "Clear and present danger" means a person:
10        (1) communicates a serious threat of physical violence
11    against a reasonably identifiable victim or poses a clear
12    and imminent risk of serious physical injury to himself,
13    herself, or another person as determined by a physician,
14    clinical psychologist, or qualified examiner; or
15        (2) demonstrates threatening physical or verbal
16    behavior, such as violent, suicidal, or assaultive
17    threats, actions, or other behavior as determined by a
18    physician, clinical psychologist, qualified examiner,
19    school administrator, or law enforcement official.
20    "Clinical psychologist" has the meaning as defined in
21Section 1-103 of the Mental Health and Developmental
22Disabilities Code.
23    "Controlled substance" means a controlled substance or
24controlled substance analog as defined in the Illinois
25Controlled Substances Act.
26    "Counterfeit" means to copy or imitate, without legal

 

 

09800SB2193ham001- 62 -LRB098 10174 MRW 46317 a

1authority, with intent to deceive.
2    "Developmentally disabled" means a disability which is
3attributable to any other condition which results in impairment
4similar to that caused by an intellectual disability and which
5requires services similar to those required by intellectually
6disabled persons. The disability must originate before the age
7of 18 years, be expected to continue indefinitely, and
8constitute a substantial handicap.
9    "Federally licensed firearm dealer" means a person who is
10licensed as a federal firearms dealer under Section 923 of the
11federal Gun Control Act of 1968 (18 U.S.C. 923).
12    "Firearm" means any device, by whatever name known, which
13is designed to expel a projectile or projectiles by the action
14of an explosion, expansion of gas or escape of gas; excluding,
15however:
16        (1) any pneumatic gun, spring gun, paint ball gun, or
17    B-B gun which expels a single globular projectile not
18    exceeding .18 inch in diameter or which has a maximum
19    muzzle velocity of less than 700 feet per second;
20        (1.1) any pneumatic gun, spring gun, paint ball gun, or
21    B-B gun which expels breakable paint balls containing
22    washable marking colors;
23        (2) any device used exclusively for signalling or
24    safety and required or recommended by the United States
25    Coast Guard or the Interstate Commerce Commission;
26        (3) any device used exclusively for the firing of stud

 

 

09800SB2193ham001- 63 -LRB098 10174 MRW 46317 a

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

 

 

09800SB2193ham001- 64 -LRB098 10174 MRW 46317 a

1    "Gun show" includes the entire premises provided for an
2event or function, including parking areas for the event or
3function, that is sponsored to facilitate the purchase, sale,
4transfer, or exchange of firearms as described in this Section.
5    "Gun show" does not include training or safety classes,
6competitive shooting events, such as rifle, shotgun, or handgun
7matches, trap, skeet, or sporting clays shoots, dinners,
8banquets, raffles, or any other event where the sale or
9transfer of firearms is not the primary course of business.
10    "Gun show promoter" means a person who organizes or
11operates a gun show.
12    "Gun show vendor" means a person who exhibits, sells,
13offers for sale, transfers, or exchanges any firearms at a gun
14show, regardless of whether the person arranges with a gun show
15promoter for a fixed location from which to exhibit, sell,
16offer for sale, transfer, or exchange any firearm.
17    "Intellectually disabled" means significantly subaverage
18general intellectual functioning which exists concurrently
19with impairment in adaptive behavior and which originates
20before the age of 18 years.
21    "Involuntarily admitted" has the meaning as prescribed in
22Sections 1-119 and 1-119.1 of the Mental Health and
23Developmental Disabilities Code.
24    "Mental health facility institution" means any licensed
25private hospital, institution, or facility, or part thereof,
26and any facility, or part thereof, operated by the State or a

 

 

09800SB2193ham001- 65 -LRB098 10174 MRW 46317 a

1political subdivision thereof which provide clinic, evaluation
2facility, mental health center, or part thereof, which is used
3primarily for the care or treatment of persons with mental
4illness and includes all hospitals, institutions, clinics,
5evaluation facilities, mental health centers, colleges,
6universities, long-term care facilities, and nursing homes, or
7parts thereof, which provide treatment of persons with mental
8illness whether or not the primary purpose is to provide
9treatment of persons with mental illness.
10    "Patient" means:
11        (1) a person who voluntarily receives mental health
12    treatment as an in-patient or resident of any public or
13    private mental health facility, unless the treatment was
14    solely for an alcohol abuse disorder and no other secondary
15    substance abuse disorder or mental illness, or
16        (2) a person who voluntarily receives mental health
17    treatment as an out-patient or is provided services by a
18    public or private mental health facility who poses a clear
19    and present danger to himself, herself, or to others.
20    "Physician" has the meaning as defined in Section 1-120 of
21the Mental Health and Developmental Disabilities Code.
22    "Qualified examiner" has the meaning as defined in Section
231-122 of the Mental Health and Developmental Disabilities Code.
24    "Patient in a mental institution" means the person was
25admitted, either voluntarily or involuntarily, to a mental
26institution for mental health treatment, unless the treatment

 

 

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1was voluntary and solely for an alcohol abuse disorder and no
2other secondary substance abuse disorder or mental illness.
3    "Sanctioned competitive shooting event" means a shooting
4contest officially recognized by a national or state shooting
5sport association, and includes any sight-in or practice
6conducted in conjunction with the event.
7    "School administrator" means the person required to report
8under the School Administrator Reporting of Mental Health Clear
9and Present Danger Determinations Act.
10    "Stun gun or taser" has the meaning ascribed to it in
11Section 24-1 of the Criminal Code of 2012.
12(Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13;
1397-1167, eff. 6-1-13.)
 
14    (430 ILCS 65/3.1)  (from Ch. 38, par. 83-3.1)
15    Sec. 3.1. Dial up system.
16    (a) The Department of State Police shall provide a dial up
17telephone system or utilize other existing technology which
18shall be used by any federally licensed firearm dealer, gun
19show promoter, or gun show vendor who is to transfer a firearm,
20stun gun, or taser under the provisions of this Act. The
21Department of State Police may utilize existing technology
22which allows the caller to be charged a fee not to exceed $2.
23Fees collected by the Department of State Police shall be
24deposited in the State Police Services Fund and used to provide
25the service.

 

 

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

 

 

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1the purchase of a firearm are valid for 30 days from the date
2of issue.
3    (e) (1) The Department of State Police must act as the
4Illinois Point of Contact for the National Instant Criminal
5Background Check System.
6    (2) The Department of State Police and the Department of
7Human Services shall, in accordance with State and federal law
8regarding confidentiality, enter into a memorandum of
9understanding with the Federal Bureau of Investigation for the
10purpose of implementing the National Instant Criminal
11Background Check System in the State. The Department of State
12Police shall report the name, date of birth, and physical
13description of any person prohibited from possessing a firearm
14pursuant to the Firearm Owners Identification Card Act or 18
15U.S.C. 922(g) and (n) to the National Instant Criminal
16Background Check System Index, Denied Persons Files.
17    (3) The Department of State Police shall provide notice of
18the disqualification of a person under subsection (b) of this
19Section or revocation of a person's Firearm Owner's
20Identification Card under Section 8 of this Act and the reason
21for the disqualification or revocation to all law enforcement
22agencies with jurisdiction to assist with the seizure of the
23person's Firearm Owner's Identification Card.
24    (f) The Department of State Police shall adopt promulgate
25rules not inconsistent with this Section to implement this
26system.

 

 

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

 

 

09800SB2193ham001- 70 -LRB098 10174 MRW 46317 a

1        under the laws of this or any other jurisdiction;
2            (iii) He or she is not addicted to narcotics;
3            (iv) He or she has not been a patient in a mental
4        institution within the past 5 years and he or she has
5        not been adjudicated as a mental defective;
6            (v) He or she is not intellectually disabled;
7            (vi) He or she is not an alien who is unlawfully
8        present in the United States under the laws of the
9        United States;
10            (vii) He or she is not subject to an existing order
11        of protection prohibiting him or her from possessing a
12        firearm;
13            (viii) He or she has not been convicted within the
14        past 5 years of battery, assault, aggravated assault,
15        violation of an order of protection, or a substantially
16        similar offense in another jurisdiction, in which a
17        firearm was used or possessed;
18            (ix) He or she has not been convicted of domestic
19        battery, aggravated domestic battery, or a
20        substantially similar offense in another jurisdiction
21        committed before, on or after January 1, 2012 (the
22        effective date of Public Act 97-158). If the applicant
23        knowingly and intelligently waives the right to have an
24        offense described in this clause (ix) tried by a jury,
25        and by guilty plea or otherwise, results in a
26        conviction for an offense in which a domestic

 

 

09800SB2193ham001- 71 -LRB098 10174 MRW 46317 a

1        relationship is not a required element of the offense
2        but in which a determination of the applicability of 18
3        U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
4        Code of Criminal Procedure of 1963, an entry by the
5        court of a judgment of conviction for that offense
6        shall be grounds for denying the issuance of a Firearm
7        Owner's Identification Card under this Section;
8            (x) (Blank);
9            (xi) He or she is not an alien who has been
10        admitted to the United States under a non-immigrant
11        visa (as that term is defined in Section 101(a)(26) of
12        the Immigration and Nationality Act (8 U.S.C.
13        1101(a)(26))), or that he or she is an alien who has
14        been lawfully admitted to the United States under a
15        non-immigrant visa if that alien is:
16                (1) admitted to the United States for lawful
17            hunting or sporting purposes;
18                (2) an official representative of a foreign
19            government who is:
20                    (A) accredited to the United States
21                Government or the Government's mission to an
22                international organization having its
23                headquarters in the United States; or
24                    (B) en route to or from another country to
25                which that alien is accredited;
26                (3) an official of a foreign government or

 

 

09800SB2193ham001- 72 -LRB098 10174 MRW 46317 a

1            distinguished foreign visitor who has been so
2            designated by the Department of State;
3                (4) a foreign law enforcement officer of a
4            friendly foreign government entering the United
5            States on official business; or
6                (5) one who has received a waiver from the
7            Attorney General of the United States pursuant to
8            18 U.S.C. 922(y)(3);
9            (xii) He or she is not a minor subject to a
10        petition filed under Section 5-520 of the Juvenile
11        Court Act of 1987 alleging that the minor is a
12        delinquent minor for the commission of an offense that
13        if committed by an adult would be a felony;
14            (xiii) He or she is not an adult who had been
15        adjudicated a delinquent minor under the Juvenile
16        Court Act of 1987 for the commission of an offense that
17        if committed by an adult would be a felony; and
18            (xiv) He or she is a resident of the State of
19        Illinois; and
20        (3) Upon request by the Department of State Police,
21    sign a release on a form prescribed by the Department of
22    State Police waiving any right to confidentiality and
23    requesting the disclosure to the Department of State Police
24    of limited mental health institution admission information
25    from another state, the District of Columbia, any other
26    territory of the United States, or a foreign nation

 

 

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1    concerning the applicant for the sole purpose of
2    determining whether the applicant is or was a patient in a
3    mental health institution and disqualified because of that
4    status from receiving a Firearm Owner's Identification
5    Card. No mental health care or treatment records may be
6    requested. The information received shall be destroyed
7    within one year of receipt.
8    (a-5) Each applicant for a Firearm Owner's Identification
9Card who is over the age of 18 shall furnish to the Department
10of State Police either his or her Illinois driver's license
11number or Illinois Identification Card number, except as
12provided in subsection (a-10).
13    (a-10) Each applicant for a Firearm Owner's Identification
14Card, who is employed as a law enforcement officer, an armed
15security officer in Illinois, or by the United States Military
16permanently assigned in Illinois and who is not an Illinois
17resident, shall furnish to the Department of State Police his
18or her driver's license number or state identification card
19number from his or her state of residence. The Department of
20State Police may promulgate rules to enforce the provisions of
21this subsection (a-10).
22    (a-15) If an applicant applying for a Firearm Owner's
23Identification Card moves from the residence address named in
24the application, he or she shall immediately notify in a form
25and manner prescribed by the Department of State Police of that
26change of address.

 

 

09800SB2193ham001- 74 -LRB098 10174 MRW 46317 a

1    (a-20) Each applicant for a Firearm Owner's Identification
2Card shall furnish to the Department of State Police his or her
3photograph. An applicant who is 21 years of age or older
4seeking a religious exemption to the photograph requirement
5must furnish with the application an approved copy of United
6States Department of the Treasury Internal Revenue Service Form
74029. In lieu of a photograph, an applicant regardless of age
8seeking a religious exemption to the photograph requirement
9shall submit fingerprints on a form and manner prescribed by
10the Department with his or her application.
11    (b) Each application form shall include the following
12statement printed in bold type: "Warning: Entering false
13information on an application for a Firearm Owner's
14Identification Card is punishable as a Class 2 felony in
15accordance with subsection (d-5) of Section 14 of the Firearm
16Owners Identification Card Act.".
17    (c) Upon such written consent, pursuant to Section 4,
18paragraph (a)(2)(i), the parent or legal guardian giving the
19consent shall be liable for any damages resulting from the
20applicant's use of firearms or firearm ammunition.
21(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,
22eff. 7-13-12; 97-1131, eff. 1-1-13.)
 
23    (Text of Section after amendment by P.A. 97-1167)
24    Sec. 4. (a) Each applicant for a Firearm Owner's
25Identification Card must:

 

 

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1        (1) Make application on blank forms prepared and
2    furnished at convenient locations throughout the State by
3    the Department of State Police, or by electronic means, if
4    and when made available by the Department of State Police;
5    and
6        (2) Submit evidence to the Department of State Police
7    that:
8            (i) He or she is 21 years of age or over, or if he
9        or she is under 21 years of age that he or she has the
10        written consent of his or her parent or legal guardian
11        to possess and acquire firearms and firearm ammunition
12        and that he or she has never been convicted of a
13        misdemeanor other than a traffic offense or adjudged
14        delinquent, provided, however, that such parent or
15        legal guardian is not an individual prohibited from
16        having a Firearm Owner's Identification Card and files
17        an affidavit with the Department as prescribed by the
18        Department stating that he or she is not an individual
19        prohibited from having a Card;
20            (ii) He or she has not been convicted of a felony
21        under the laws of this or any other jurisdiction;
22            (iii) He or she is not addicted to narcotics;
23            (iv) He or she has not been a patient in a mental
24        health facility institution within the past 5 years or
25        if he or she has been a patient in a mental health
26        facility more than 5 years ago submit the certification

 

 

09800SB2193ham001- 76 -LRB098 10174 MRW 46317 a

1        required under subsection (u) of Section 8 of this Act;
2            (v) He or she is not intellectually disabled;
3            (vi) He or she is not an alien who is unlawfully
4        present in the United States under the laws of the
5        United States;
6            (vii) He or she is not subject to an existing order
7        of protection prohibiting him or her from possessing a
8        firearm;
9            (viii) He or she has not been convicted within the
10        past 5 years of battery, assault, aggravated assault,
11        violation of an order of protection, or a substantially
12        similar offense in another jurisdiction, in which a
13        firearm was used or possessed;
14            (ix) He or she has not been convicted of domestic
15        battery, aggravated domestic battery, or a
16        substantially similar offense in another jurisdiction
17        committed before, on or after January 1, 2012 (the
18        effective date of Public Act 97-158). If the applicant
19        knowingly and intelligently waives the right to have an
20        offense described in this clause (ix) tried by a jury,
21        and by guilty plea or otherwise, results in a
22        conviction for an offense in which a domestic
23        relationship is not a required element of the offense
24        but in which a determination of the applicability of 18
25        U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
26        Code of Criminal Procedure of 1963, an entry by the

 

 

09800SB2193ham001- 77 -LRB098 10174 MRW 46317 a

1        court of a judgment of conviction for that offense
2        shall be grounds for denying the issuance of a Firearm
3        Owner's Identification Card under this Section;
4            (x) (Blank);
5            (xi) He or she is not an alien who has been
6        admitted to the United States under a non-immigrant
7        visa (as that term is defined in Section 101(a)(26) of
8        the Immigration and Nationality Act (8 U.S.C.
9        1101(a)(26))), or that he or she is an alien who has
10        been lawfully admitted to the United States under a
11        non-immigrant visa if that alien is:
12                (1) admitted to the United States for lawful
13            hunting or sporting purposes;
14                (2) an official representative of a foreign
15            government who is:
16                    (A) accredited to the United States
17                Government or the Government's mission to an
18                international organization having its
19                headquarters in the United States; or
20                    (B) en route to or from another country to
21                which that alien is accredited;
22                (3) an official of a foreign government or
23            distinguished foreign visitor who has been so
24            designated by the Department of State;
25                (4) a foreign law enforcement officer of a
26            friendly foreign government entering the United

 

 

09800SB2193ham001- 78 -LRB098 10174 MRW 46317 a

1            States on official business; or
2                (5) one who has received a waiver from the
3            Attorney General of the United States pursuant to
4            18 U.S.C. 922(y)(3);
5            (xii) He or she is not a minor subject to a
6        petition filed under Section 5-520 of the Juvenile
7        Court Act of 1987 alleging that the minor is a
8        delinquent minor for the commission of an offense that
9        if committed by an adult would be a felony;
10            (xiii) He or she is not an adult who had been
11        adjudicated a delinquent minor under the Juvenile
12        Court Act of 1987 for the commission of an offense that
13        if committed by an adult would be a felony;
14            (xiv) He or she is a resident of the State of
15        Illinois; and
16            (xv) He or she has not been adjudicated as a
17        mentally disabled person mental defective; and
18            (xvi) He or she has not been involuntarily admitted
19        into a mental health facility; and
20            (xvii) He or she is not developmentally disabled;
21        and
22        (3) Upon request by the Department of State Police,
23    sign a release on a form prescribed by the Department of
24    State Police waiving any right to confidentiality and
25    requesting the disclosure to the Department of State Police
26    of limited mental health institution admission information

 

 

09800SB2193ham001- 79 -LRB098 10174 MRW 46317 a

1    from another state, the District of Columbia, any other
2    territory of the United States, or a foreign nation
3    concerning the applicant for the sole purpose of
4    determining whether the applicant is or was a patient in a
5    mental health institution and disqualified because of that
6    status from receiving a Firearm Owner's Identification
7    Card. No mental health care or treatment records may be
8    requested. The information received shall be destroyed
9    within one year of receipt.
10    (a-5) Each applicant for a Firearm Owner's Identification
11Card who is over the age of 18 shall furnish to the Department
12of State Police either his or her Illinois driver's license
13number or Illinois Identification Card number, except as
14provided in subsection (a-10).
15    (a-10) Each applicant for a Firearm Owner's Identification
16Card, who is employed as a law enforcement officer, an armed
17security officer in Illinois, or by the United States Military
18permanently assigned in Illinois and who is not an Illinois
19resident, shall furnish to the Department of State Police his
20or her driver's license number or state identification card
21number from his or her state of residence. The Department of
22State Police may adopt promulgate rules to enforce the
23provisions of this subsection (a-10).
24    (a-15) If an applicant applying for a Firearm Owner's
25Identification Card moves from the residence address named in
26the application, he or she shall immediately notify in a form

 

 

09800SB2193ham001- 80 -LRB098 10174 MRW 46317 a

1and manner prescribed by the Department of State Police of that
2change of address.
3    (a-20) Each applicant for a Firearm Owner's Identification
4Card shall furnish to the Department of State Police his or her
5photograph. An applicant who is 21 years of age or older
6seeking a religious exemption to the photograph requirement
7must furnish with the application an approved copy of United
8States Department of the Treasury Internal Revenue Service Form
94029. In lieu of a photograph, an applicant regardless of age
10seeking a religious exemption to the photograph requirement
11shall submit fingerprints on a form and manner prescribed by
12the Department with his or her application.
13    (b) Each application form shall include the following
14statement printed in bold type: "Warning: Entering false
15information on an application for a Firearm Owner's
16Identification Card is punishable as a Class 2 felony in
17accordance with subsection (d-5) of Section 14 of the Firearm
18Owners Identification Card Act.".
19    (c) Upon such written consent, pursuant to Section 4,
20paragraph (a)(2)(i), the parent or legal guardian giving the
21consent shall be liable for any damages resulting from the
22applicant's use of firearms or firearm ammunition.
23(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,
24eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13.)
 
25    (430 ILCS 65/5)  (from Ch. 38, par. 83-5)

 

 

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1    Sec. 5. The Department of State Police shall either approve
2or deny all applications within 30 days from the date they are
3received, and every applicant found qualified under pursuant to
4Section 8 of this Act by the Department shall be entitled to a
5Firearm Owner's Identification Card upon the payment of a $10
6fee. Any applicant who is an active duty member of the Armed
7Forces of the United States, a member of the Illinois National
8Guard, or a member of the Reserve Forces of the United States
9is exempt from the application fee. $6 of each fee derived from
10the issuance of Firearm Owner's Identification Cards, or
11renewals thereof, shall be deposited in the Wildlife and Fish
12Fund in the State Treasury; $1 of the such fee shall be
13deposited in the State Police Services Fund and $3 of the such
14fee shall be deposited in the State Police Firearm Services
15Fund. Firearm Owner's Notification Fund. Monies in the Firearm
16Owner's Notification Fund shall be used exclusively to pay for
17the cost of sending notices of expiration of Firearm Owner's
18Identification Cards under Section 13.2 of this Act. Excess
19monies in the Firearm Owner's Notification Fund shall be used
20to ensure the prompt and efficient processing of applications
21received under Section 4 of this Act.
22(Source: P.A. 95-581, eff. 6-1-08; 96-91, eff. 7-27-09.)
 
23    (430 ILCS 65/5.1 new)
24    Sec. 5.1. State Police Firearm Services Fund. All moneys
25remaining in the Firearm Owner's Notification Fund on the

 

 

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1effective date of this amendatory Act of the 98th General
2Assembly shall be transferred into the State Police Firearm
3Services Fund, a special fund created in the State treasury, to
4be expended by the Department of State Police, for the purposes
5specified in this Act and Section 2605-595 of the Department of
6State Police Law of the Civil Administrative Code of Illinois.
 
7    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
8    (Text of Section before amendment by P.A. 97-1167)
9    Sec. 8. The Department of State Police has authority to
10deny an application for or to revoke and seize a Firearm
11Owner's Identification Card previously issued under this Act
12only if the Department finds that the applicant or the person
13to whom such card was issued is or was at the time of issuance:
14    (a) A person under 21 years of age who has been convicted
15of a misdemeanor other than a traffic offense or adjudged
16delinquent;
17    (b) A person under 21 years of age who does not have the
18written consent of his parent or guardian to acquire and
19possess firearms and firearm ammunition, or whose parent or
20guardian has revoked such written consent, or where such parent
21or guardian does not qualify to have a Firearm Owner's
22Identification Card;
23    (c) A person convicted of a felony under the laws of this
24or any other jurisdiction;
25    (d) A person addicted to narcotics;

 

 

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1    (e) A person who has been a patient of a mental institution
2within the past 5 years or has been adjudicated as a mental
3defective;
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

 

 

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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

 

 

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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 4.
23(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
24eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
 
25    (Text of Section after amendment by P.A. 97-1167)

 

 

09800SB2193ham001- 86 -LRB098 10174 MRW 46317 a

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

 

 

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1did not act in a manner threatening to the officer, another
2person, or the public as determined by the treating clinical
3psychologist or physician, and the officer seeks mental health
4treatment;
5    (f) A person whose mental condition is of such a nature
6that it poses a clear and present danger to the applicant, any
7other person or persons or the community;
8    For the purposes of this Section, "mental condition" means
9a state of mind manifested by violent, suicidal, threatening or
10assaultive behavior.
11    (g) A person who is intellectually disabled;
12    (h) A person who intentionally makes a false statement in
13the Firearm Owner's Identification Card application;
14    (i) An alien who is unlawfully present in the United States
15under the laws of the United States;
16    (i-5) An alien who has been admitted to the United States
17under a non-immigrant visa (as that term is defined in Section
18101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
191101(a)(26))), except that this subsection (i-5) does not apply
20to any alien who has been lawfully admitted to the United
21States under a non-immigrant visa if that alien is:
22        (1) admitted to the United States for lawful hunting or
23    sporting purposes;
24        (2) an official representative of a foreign government
25    who is:
26            (A) accredited to the United States Government or

 

 

09800SB2193ham001- 88 -LRB098 10174 MRW 46317 a

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

 

 

09800SB2193ham001- 89 -LRB098 10174 MRW 46317 a

1in this paragraph (l) tried by a jury, and by guilty plea or
2otherwise, results in a conviction for an offense in which a
3domestic relationship is not a required element of the offense
4but in which a determination of the applicability of 18 U.S.C.
5922(g)(9) is made under Section 112A-11.1 of the Code of
6Criminal Procedure of 1963, an entry by the court of a judgment
7of conviction for that offense shall be grounds for denying an
8application for and for revoking and seizing a Firearm Owner's
9Identification Card previously issued to the person under this
10Act;
11    (m) (Blank);
12    (n) A person who is prohibited from acquiring or possessing
13firearms or firearm ammunition by any Illinois State statute or
14by federal law;
15    (o) A minor subject to a petition filed under Section 5-520
16of the Juvenile Court Act of 1987 alleging that the minor is a
17delinquent minor for the commission of an offense that if
18committed by an adult would be a felony;
19    (p) An adult who had been adjudicated a delinquent minor
20under the Juvenile Court Act of 1987 for the commission of an
21offense that if committed by an adult would be a felony;
22    (q) A person who is not a resident of the State of
23Illinois, except as provided in subsection (a-10) of Section 4;
24or
25    (r) A person who has been adjudicated as a mentally
26disabled person; mental defective.

 

 

09800SB2193ham001- 90 -LRB098 10174 MRW 46317 a

1    (s) A person who has been found to be developmentally
2disabled;
3    (t) A person involuntarily admitted into a mental health
4facility;
5    (u) A person who has had his or her Firearm Owner's
6Identification Card revoked or denied under subsection (e) of
7this Section or item (iv) of Section 4 of this Act because he
8or she was a patient in a mental health facility as provided in
9item (2) of subsection (e) of this Section, shall not be
10permitted to obtain a Firearm Owner's Identification Card,
11after the 5 year period has lapsed, unless he or she has
12received a mental health evaluation by a physician, clinical
13psychologist, or qualified examiner as those terms are defined
14in the Mental Health and Developmental Disabilities Code, and
15has received a certification that he or she is not a clear and
16present danger to himself, herself, or others. The physician,
17clinical psychologist, or qualified examiner making the
18certification shall not be held criminally, civilly, or
19professionally liable for making or not making the
20certification required under this subsection, except for
21willful or wanton misconduct. This subsection does not apply to
22a person whose firearm possession rights have been restored
23through administrative or judicial action under Section 10 or
2411 of this Act; or
25    (v) Upon revocation of a person's Firearm Owner's
26Identification Card, the Department of State Police shall

 

 

09800SB2193ham001- 91 -LRB098 10174 MRW 46317 a

1provide notice to the person and the person shall comply with
2Section 9.5 of this Act.
3(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
4eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13;
597-1167, eff. 6-1-13.)
 
6    (430 ILCS 65/8.1)  (from Ch. 38, par. 83-8.1)
7    Sec. 8.1. Notifications to the Circuit Clerk to notify
8Department of State Police.
9    (a) The Circuit Clerk shall, in the form and manner
10required by the Supreme Court, notify the Department of State
11Police of all final dispositions of cases for which the
12Department has received information reported to it under
13Sections 2.1 and 2.2 of the Criminal Identification Act.
14    (b) Upon adjudication of any individual as a mentally
15disabled person mental defective, as defined in Section 1.1 of
16this Act or as provided in paragraph (3.5) of subsection (c) of
17Section 104-26 of the Code of Criminal Procedure of 1963, the
18court shall direct the circuit court clerk to immediately
19notify the Department of State Police, Firearm Owner's
20Identification (FOID) department, and shall forward a copy of
21the court order to the Department.
22    (c) The Department of Human Services shall, in the form and
23manner prescribed by the Department of State Police, report all
24information collected under subsection (b) of Section 12 of the
25Mental Health and Developmental Disabilities Confidentiality

 

 

09800SB2193ham001- 92 -LRB098 10174 MRW 46317 a

1Act for the purpose of determining whether a person who may be
2or may have been a patient in a mental health facility is
3disqualified under State or federal law from receiving or
4retaining a Firearm Owner's Identification Card, or purchasing
5a weapon.
6    (d) If a person is determined to pose a clear and present
7danger to himself, herself, or to others by a physician,
8clinical psychologist, qualified examiner, law enforcement
9official, or school administrator, or is determined to be
10developmentally disabled by a physician, clinical
11psychologist, or qualified examiner, whether employed by the
12State or by a private mental health facility, the physician,
13clinical psychologist, or qualified examiner shall, within 24
14hours, notify the Department of Human Services that the person
15poses a clear and present danger. The Department of Human
16Services shall immediately update the files relating to mental
17health and developmental disabilities, or if appropriate,
18shall notify the Department of State Police in a form and
19manner prescribed by the Department of State Police. The
20Department of State Police shall determine whether to revoke
21the person's Firearm Owner's Identification Card under Section
228 of this Act. Any information disclosed under this subsection
23shall remain privileged and confidential, and shall not be
24redisclosed, except as required under subsection (e) of Section
253.1 of this Act, nor used for any other purpose. The method of
26providing this information shall guarantee that the

 

 

09800SB2193ham001- 93 -LRB098 10174 MRW 46317 a

1information is not released beyond what is necessary for the
2purpose of this Section. The identity of the person reporting
3under this Section shall not be disclosed to the subject of the
4report. The physician, clinical psychologist, qualified
5examiner, law enforcement official, or school administrator
6making the determination shall not be held criminally, civilly,
7or professionally liable for making or not making the
8notification required under this subsection, except for
9willful or wanton misconduct.
10    (e) The Department of State Police shall adopt rules to
11implement this Section.
12(Source: P.A. 97-1131, eff. 1-1-13.)
 
13    (430 ILCS 65/9)  (from Ch. 38, par. 83-9)
14    Sec. 9. Every person whose application for a Firearm
15Owner's Identification Card is denied, and every holder of such
16a Card whose Card is revoked or seized, shall receive a written
17notice from the Department of State Police stating specifically
18the grounds upon which his application has been denied or upon
19which his Identification Card has been revoked. The written
20notice shall include the requirements of Section 9.5 of this
21Act and the persons's right to administrative or judicial
22review under Section 10 and 11 of this Act. A copy of the
23written notice shall be provided to the sheriff and law
24enforcement agency where the person resides.
25(Source: P.A. 97-1131, eff. 1-1-13.)
 

 

 

09800SB2193ham001- 94 -LRB098 10174 MRW 46317 a

1    (430 ILCS 65/9.5 new)
2    Sec. 9.5. Revocation of Firearm Owner's Identification
3Card.
4    (a) A person who receives a revocation notice under Section
59 of this Act shall, within 48 hours of receiving notice of the
6revocation:
7        (1) surrender his or her Firearm Owner's
8    Identification Card to the local law enforcement agency
9    where the person resides. The local law enforcement agency
10    shall provide the person a receipt and transmit the Firearm
11    Owner's Identification Card to the Department of State
12    Police; and
13        (2) complete a Firearm Disposition Record on a form
14    prescribed by the Department of State Police and place his
15    or her firearms in the location or with the person reported
16    in the Firearm Disposition Record. The form shall require
17    the person to disclose:
18            (A) the make, model, and serial number of all
19        firearms owned by or under the custody and control of
20        the revoked person;
21            (B) the location where the firearms will be
22        maintained during the prohibited term; and
23            (C) if the firearms will be transferred to the
24        custody of another person, the name, address and
25        Firearm Owner's Identification Card number of the

 

 

09800SB2193ham001- 95 -LRB098 10174 MRW 46317 a

1        transferee.
2    (b) The local law enforcement agency shall provide a copy
3of the Firearm Disposition Record to the person whose Firearm
4Owner's Identification Card has been revoked and to the
5Department of State Police.
6    (c) If the person whose Firearm Owner's Identification Card
7has been revoked fails to comply with the requirements of this
8Section, the sheriff or law enforcement agency where the person
9resides may petition the circuit court to issue a warrant to
10search for and seize the Firearm Owner's Identification Card
11and firearms in the possession and under the custody or control
12of the person whose Firearm Owner's Identification Card has
13been revoked.
14    (d) A violation of subsection (a) of this Section is a
15Class A misdemeanor.
16    (e) The observation of a Firearm Owner's Identification
17Card in the possession of a person whose Firearm Owner's
18Identification Card has been revoked constitutes a sufficient
19basis for the arrest of that person for violation of this
20Section.
21    (f) Within 30 days after the effective date of this
22amendatory Act of the 98th General Assembly, the Department of
23State Police shall provide written notice of the requirements
24of this Section to persons whose Firearm Owner's Identification
25Cards have been revoked, suspended, or expired and who have
26failed to surrender their cards to the Department.

 

 

09800SB2193ham001- 96 -LRB098 10174 MRW 46317 a

1    (g) Persons whose Firearm Owner's Identification Cards
2have been revoked and who receive notice under subsection (f)
3shall comply with the requirements of this Section within 48
4hours of receiving notice.
 
5    (430 ILCS 65/10)  (from Ch. 38, par. 83-10)
6    (Text of Section before amendment by P.A. 97-1167)
7    Sec. 10. Appeal to director; hearing; relief from firearm
8prohibitions.
9    (a) Whenever an application for a Firearm Owner's
10Identification Card is denied, whenever the Department fails to
11act on an application within 30 days of its receipt, or
12whenever such a Card is revoked or seized as provided for in
13Section 8 of this Act, the aggrieved party may appeal to the
14Director of State Police for a hearing upon such denial,
15revocation or seizure, unless the denial, revocation, or
16seizure was based upon a forcible felony, stalking, aggravated
17stalking, domestic battery, any violation of the Illinois
18Controlled Substances Act, the Methamphetamine Control and
19Community Protection Act, or the Cannabis Control Act that is
20classified as a Class 2 or greater felony, any felony violation
21of Article 24 of the Criminal Code of 1961 or the Criminal Code
22of 2012, or any adjudication as a delinquent minor for the
23commission of an offense that if committed by an adult would be
24a felony, in which case the aggrieved party may petition the
25circuit court in writing in the county of his or her residence

 

 

09800SB2193ham001- 97 -LRB098 10174 MRW 46317 a

1for a hearing upon such denial, revocation, or seizure.
2    (b) At least 30 days before any hearing in the circuit
3court, the petitioner shall serve the relevant State's Attorney
4with a copy of the petition. The State's Attorney may object to
5the petition and present evidence. At the hearing the court
6shall determine whether substantial justice has been done.
7Should the court determine that substantial justice has not
8been done, the court shall issue an order directing the
9Department of State Police to issue a Card. However, the court
10shall not issue the order if the petitioner is otherwise
11prohibited from obtaining, possessing, or using a firearm under
12federal law.
13    (c) Any person prohibited from possessing a firearm under
14Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
15acquiring a Firearm Owner's Identification Card under Section 8
16of this Act may apply to the Director of State Police or
17petition the circuit court in the county where the petitioner
18resides, whichever is applicable in accordance with subsection
19(a) of this Section, requesting relief from such prohibition
20and the Director or court may grant such relief if it is
21established by the applicant to the court's or Director's
22satisfaction that:
23        (0.05) when in the circuit court, the State's Attorney
24    has been served with a written copy of the petition at
25    least 30 days before any such hearing in the circuit court
26    and at the hearing the State's Attorney was afforded an

 

 

09800SB2193ham001- 98 -LRB098 10174 MRW 46317 a

1    opportunity to present evidence and object to the petition;
2        (1) the applicant has not been convicted of a forcible
3    felony under the laws of this State or any other
4    jurisdiction within 20 years of the applicant's
5    application for a Firearm Owner's Identification Card, or
6    at least 20 years have passed since the end of any period
7    of imprisonment imposed in relation to that conviction;
8        (2) the circumstances regarding a criminal conviction,
9    where applicable, the applicant's criminal history and his
10    reputation are such that the applicant will not be likely
11    to act in a manner dangerous to public safety;
12        (3) granting relief would not be contrary to the public
13    interest; and
14        (4) granting relief would not be contrary to federal
15    law.
16    (d) When a minor is adjudicated delinquent for an offense
17which if committed by an adult would be a felony, the court
18shall notify the Department of State Police.
19    (e) The court shall review the denial of an application or
20the revocation of a Firearm Owner's Identification Card of a
21person who has been adjudicated delinquent for an offense that
22if committed by an adult would be a felony if an application
23for relief has been filed at least 10 years after the
24adjudication of delinquency and the court determines that the
25applicant should be granted relief from disability to obtain a
26Firearm Owner's Identification Card. If the court grants

 

 

09800SB2193ham001- 99 -LRB098 10174 MRW 46317 a

1relief, the court shall notify the Department of State Police
2that the disability has been removed and that the applicant is
3eligible to obtain a Firearm Owner's Identification Card.
4    (f) Any person who is subject to the disabilities of 18
5U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
6of 1968 because of an adjudication or commitment that occurred
7under the laws of this State or who was determined to be
8subject to the provisions of subsections (e), (f), or (g) of
9Section 8 of this Act may apply to the Department of State
10Police requesting relief from that prohibition. The Director
11shall grant the relief if it is established by a preponderance
12of the evidence that the person will not be likely to act in a
13manner dangerous to public safety and that granting relief
14would not be contrary to the public interest. In making this
15determination, the Director shall receive evidence concerning
16(i) the circumstances regarding the firearms disabilities from
17which relief is sought; (ii) the petitioner's mental health and
18criminal history records, if any; (iii) the petitioner's
19reputation, developed at a minimum through character witness
20statements, testimony, or other character evidence; and (iv)
21changes in the petitioner's condition or circumstances since
22the disqualifying events relevant to the relief sought. If
23relief is granted under this subsection or by order of a court
24under this Section, the Director shall as soon as practicable
25but in no case later than 15 business days, update, correct,
26modify, or remove the person's record in any database that the

 

 

09800SB2193ham001- 100 -LRB098 10174 MRW 46317 a

1Department of State Police makes available to the National
2Instant Criminal Background Check System and notify the United
3States Attorney General that the basis for the record being
4made available no longer applies. The Department of State
5Police shall adopt rules for the administration of this
6subsection (f).
7(Source: P.A. 96-1368, eff. 7-28-10; 97-1131, eff. 1-1-13;
897-1150, eff. 1-25-13.)
 
9    (Text of Section after amendment by P.A. 97-1167)
10    Sec. 10. Appeal to director; hearing; relief from firearm
11prohibitions.
12    (a) Whenever an application for a Firearm Owner's
13Identification Card is denied, whenever the Department fails to
14act on an application within 30 days of its receipt, or
15whenever such a Card is revoked or seized as provided for in
16Section 8 of this Act, the aggrieved party may appeal to the
17Director of State Police for a hearing upon such denial,
18revocation or seizure, unless the denial, revocation, or
19seizure was based upon a forcible felony, stalking, aggravated
20stalking, domestic battery, any violation of the Illinois
21Controlled Substances Act, the Methamphetamine Control and
22Community Protection Act, or the Cannabis Control Act that is
23classified as a Class 2 or greater felony, any felony violation
24of Article 24 of the Criminal Code of 1961 or the Criminal Code
25of 2012, or any adjudication as a delinquent minor for the

 

 

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1commission of an offense that if committed by an adult would be
2a felony, in which case the aggrieved party may petition the
3circuit court in writing in the county of his or her residence
4for a hearing upon such denial, revocation, or seizure.
5    (b) At least 30 days before any hearing in the circuit
6court, the petitioner shall serve the relevant State's Attorney
7with a copy of the petition. The State's Attorney may object to
8the petition and present evidence. At the hearing the court
9shall determine whether substantial justice has been done.
10Should the court determine that substantial justice has not
11been done, the court shall issue an order directing the
12Department of State Police to issue a Card. However, the court
13shall not issue the order if the petitioner is otherwise
14prohibited from obtaining, possessing, or using a firearm under
15federal law.
16    (c) Any person prohibited from possessing a firearm under
17Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
18acquiring a Firearm Owner's Identification Card under Section 8
19of this Act may apply to the Director of State Police or
20petition the circuit court in the county where the petitioner
21resides, whichever is applicable in accordance with subsection
22(a) of this Section, requesting relief from such prohibition
23and the Director or court may grant such relief if it is
24established by the applicant to the court's or Director's
25satisfaction that:
26        (0.05) when in the circuit court, the State's Attorney

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1under this Section, the Director shall as soon as practicable
2but in no case later than 15 business days, update, correct,
3modify, or remove the person's record in any database that the
4Department of State Police makes available to the National
5Instant Criminal Background Check System and notify the United
6States Attorney General that the basis for the record being
7made available no longer applies. The Department of State
8Police shall adopt rules for the administration of this Section
9subsection (f).
10(Source: P.A. 96-1368, eff. 7-28-10; 97-1131, eff. 1-1-13;
1197-1150, eff. 1-25-13; 97-1167, eff. 6-1-13.)
 
12    (430 ILCS 65/13.2)  (from Ch. 38, par. 83-13.2)
13    Sec. 13.2. The Department of State Police shall, 60 days
14prior to the expiration of a Firearm Owner's Identification
15Card, forward by first class mail to each person whose card is
16to expire a notification of the expiration of the card and an
17application which may be used to apply for renewal of the card.
18It is the obligation of the holder of a Firearm Owner's
19Identification Card to notify the Department of State Police of
20any address change since the issuance of the Firearm Owner's
21Identification Card. Whenever any person moves from the
22residence address named on his or her card, the person shall
23within 21 calendar days thereafter notify in a form and manner
24prescribed by the Department of his or her old and new
25residence addresses and the card number held by him or her. Any

 

 

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1person whose legal name has changed from the name on the card
2that he or she has been previously issued must apply for a
3corrected card within 30 calendar days after the change. The
4cost for a corrected card shall be $5 which shall be deposited
5into the State Police Firearm Services Fund Firearm Owner's
6Notification Fund.
7(Source: P.A. 97-1131, eff. 1-1-13.)
 
8    Section 155. The Criminal Code of 2012 is amended by
9changing Sections 24-1.6 and 24-2 as follows:
 
10    (720 ILCS 5/24-1.6)
11    Sec. 24-1.6. Aggravated unlawful use of a weapon.
12    (a) A person commits the offense of aggravated unlawful use
13of a weapon when he or she knowingly:
14        (1) Carries on or about his or her person or in any
15    vehicle or concealed on or about his or her person except
16    when on his or her land or in his or her abode, legal
17    dwelling, or fixed place of business, or on the land or in
18    the legal dwelling of another person as an invitee with
19    that person's permission, any pistol, revolver, stun gun or
20    taser or other firearm; or
21        (2) Carries or possesses on or about his or her person,
22    upon any public street, alley, or other public lands within
23    the corporate limits of a city, village or incorporated
24    town, except when an invitee thereon or therein, for the

 

 

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1    purpose of the display of such weapon or the lawful
2    commerce in weapons, or except when on his or her own land
3    or in his or her own abode, legal dwelling, or fixed place
4    of business, or on the land or in the legal dwelling of
5    another person as an invitee with that person's permission,
6    any pistol, revolver, stun gun or taser or other firearm;
7    and
8        (3) One of the following factors is present:
9            (A) the firearm, other than a pistol, revolver, or
10        handgun, possessed was uncased, loaded, and
11        immediately accessible at the time of the offense; or
12            (A-5) the pistol, revolver, or handgun possessed
13        was uncased, loaded, and immediately accessible at the
14        time of the offense and the person possessing the
15        pistol, revolver, or handgun has not been issued a
16        currently valid license under the Firearm Concealed
17        Carry Act; or
18            (B) the firearm, other than a pistol, revolver, or
19        handgun, possessed was uncased, unloaded, and the
20        ammunition for the weapon was immediately accessible
21        at the time of the offense; or
22            (B-5) the pistol, revolver, or handgun possessed
23        was uncased, unloaded, and the ammunition for the
24        weapon was immediately accessible at the time of the
25        offense and the person possessing the pistol,
26        revolver, or handgun has not been issued a currently

 

 

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1        valid license under the Firearm Concealed Carry Act; or
2            (C) the person possessing the firearm has not been
3        issued a currently valid Firearm Owner's
4        Identification Card; or
5            (D) the person possessing the weapon was
6        previously adjudicated a delinquent minor under the
7        Juvenile Court Act of 1987 for an act that if committed
8        by an adult would be a felony; or
9            (E) the person possessing the weapon was engaged in
10        a misdemeanor violation of the Cannabis Control Act, in
11        a misdemeanor violation of the Illinois Controlled
12        Substances Act, or in a misdemeanor violation of the
13        Methamphetamine Control and Community Protection Act;
14        or
15            (F) (blank); or
16            (G) the person possessing the weapon had a order of
17        protection issued against him or her within the
18        previous 2 years; or
19            (H) the person possessing the weapon was engaged in
20        the commission or attempted commission of a
21        misdemeanor involving the use or threat of violence
22        against the person or property of another; or
23            (I) the person possessing the weapon was under 21
24        years of age and in possession of a handgun as defined
25        in Section 24-3, unless the person under 21 is engaged
26        in lawful activities under the Wildlife Code or

 

 

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1        described in subsection 24-2(b)(1), (b)(3), or
2        24-2(f).
3    (a-5) "Handgun" as used in this Section has the meaning
4given to it in Section 5 of the Firearm Concealed Carry Act.
5    (b) "Stun gun or taser" as used in this Section has the
6same definition given to it in Section 24-1 of this Code.
7    (c) This Section does not apply to or affect the
8transportation or possession of weapons that:
9            (i) are broken down in a non-functioning state; or
10            (ii) are not immediately accessible; or
11            (iii) are unloaded and enclosed in a case, firearm
12        carrying box, shipping box, or other container by a
13        person who has been issued a currently valid Firearm
14        Owner's Identification Card.
15    (d) Sentence.
16         (1) Aggravated unlawful use of a weapon is a Class 4
17    felony; a second or subsequent offense is a Class 2 felony
18    for which the person shall be sentenced to a term of
19    imprisonment of not less than 3 years and not more than 7
20    years.
21        (2) Except as otherwise provided in paragraphs (3) and
22    (4) of this subsection (d), a first offense of aggravated
23    unlawful use of a weapon committed with a firearm by a
24    person 18 years of age or older where the factors listed in
25    both items (A) and (C) or both items (A-5) and (C) of
26    paragraph (3) of subsection (a) are present is a Class 4

 

 

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1    felony, for which the person shall be sentenced to a term
2    of imprisonment of not less than one year and not more than
3    3 years.
4        (3) Aggravated unlawful use of a weapon by a person who
5    has been previously convicted of a felony in this State or
6    another jurisdiction is a Class 2 felony for which the
7    person shall be sentenced to a term of imprisonment of not
8    less than 3 years and not more than 7 years.
9        (4) Aggravated unlawful use of a weapon while wearing
10    or in possession of body armor as defined in Section 33F-1
11    by a person who has not been issued a valid Firearms
12    Owner's Identification Card in accordance with Section 5 of
13    the Firearm Owners Identification Card Act is a Class X
14    felony.
15    (e) The possession of each firearm in violation of this
16Section constitutes a single and separate violation.
17(Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09;
1896-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)
 
19    (720 ILCS 5/24-2)
20    Sec. 24-2. Exemptions.
21    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
2224-1(a)(13) and Section 24-1.6 do not apply to or affect any of
23the following:
24        (1) Peace officers, and any person summoned by a peace
25    officer to assist in making arrests or preserving the

 

 

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1    peace, while actually engaged in assisting such officer.
2        (2) Wardens, superintendents and keepers of prisons,
3    penitentiaries, jails and other institutions for the
4    detention of persons accused or convicted of an offense,
5    while in the performance of their official duty, or while
6    commuting between their homes and places of employment.
7        (3) Members of the Armed Services or Reserve Forces of
8    the United States or the Illinois National Guard or the
9    Reserve Officers Training Corps, while in the performance
10    of their official duty.
11        (4) Special agents employed by a railroad or a public
12    utility to perform police functions, and guards of armored
13    car companies, while actually engaged in the performance of
14    the duties of their employment or commuting between their
15    homes and places of employment; and watchmen while actually
16    engaged in the performance of the duties of their
17    employment.
18        (5) Persons licensed as private security contractors,
19    private detectives, or private alarm contractors, or
20    employed by an agency certified by the Department of
21    Financial and Professional Regulation, if their duties
22    include the carrying of a weapon under the provisions of
23    the Private Detective, Private Alarm, Private Security,
24    Fingerprint Vendor, and Locksmith Act of 2004, while
25    actually engaged in the performance of the duties of their
26    employment or commuting between their homes and places of

 

 

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1    employment, provided that such commuting is accomplished
2    within one hour from departure from home or place of
3    employment, as the case may be. A person shall be
4    considered eligible for this exemption if he or she has
5    completed the required 20 hours of training for a private
6    security contractor, private detective, or private alarm
7    contractor, or employee of a licensed agency and 20 hours
8    of required firearm training, and has been issued a firearm
9    control card by the Department of Financial and
10    Professional Regulation. Conditions for the renewal of
11    firearm control cards issued under the provisions of this
12    Section shall be the same as for those cards issued under
13    the provisions of the Private Detective, Private Alarm,
14    Private Security, Fingerprint Vendor, and Locksmith Act of
15    2004. The firearm control card shall be carried by the
16    private security contractor, private detective, or private
17    alarm contractor, or employee of the licensed agency at all
18    times when he or she is in possession of a concealable
19    weapon.
20        (6) Any person regularly employed in a commercial or
21    industrial operation as a security guard for the protection
22    of persons employed and private property related to such
23    commercial or industrial operation, while actually engaged
24    in the performance of his or her duty or traveling between
25    sites or properties belonging to the employer, and who, as
26    a security guard, is a member of a security force of at

 

 

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1    least 5 persons registered with the Department of Financial
2    and Professional Regulation; provided that such security
3    guard has successfully completed a course of study,
4    approved by and supervised by the Department of Financial
5    and Professional Regulation, consisting of not less than 40
6    hours of training that includes the theory of law
7    enforcement, liability for acts, and the handling of
8    weapons. A person shall be considered eligible for this
9    exemption if he or she has completed the required 20 hours
10    of training for a security officer and 20 hours of required
11    firearm training, and has been issued a firearm control
12    card by the Department of Financial and Professional
13    Regulation. Conditions for the renewal of firearm control
14    cards issued under the provisions of this Section shall be
15    the same as for those cards issued under the provisions of
16    the Private Detective, Private Alarm, Private Security,
17    Fingerprint Vendor, and Locksmith Act of 2004. The firearm
18    control card shall be carried by the security guard at all
19    times when he or she is in possession of a concealable
20    weapon.
21        (7) Agents and investigators of the Illinois
22    Legislative Investigating Commission authorized by the
23    Commission to carry the weapons specified in subsections
24    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
25    any investigation for the Commission.
26        (8) Persons employed by a financial institution for the

 

 

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1    protection of other employees and property related to such
2    financial institution, while actually engaged in the
3    performance of their duties, commuting between their homes
4    and places of employment, or traveling between sites or
5    properties owned or operated by such financial
6    institution, provided that any person so employed has
7    successfully completed a course of study, approved by and
8    supervised by the Department of Financial and Professional
9    Regulation, consisting of not less than 40 hours of
10    training which includes theory of law enforcement,
11    liability for acts, and the handling of weapons. A person
12    shall be considered to be eligible for this exemption if he
13    or she has completed the required 20 hours of training for
14    a security officer and 20 hours of required firearm
15    training, and has been issued a firearm control card by the
16    Department of Financial and Professional Regulation.
17    Conditions for renewal of firearm control cards issued
18    under the provisions of this Section shall be the same as
19    for those issued under the provisions of the Private
20    Detective, Private Alarm, Private Security, Fingerprint
21    Vendor, and Locksmith Act of 2004. Such firearm control
22    card shall be carried by the person so trained at all times
23    when such person is in possession of a concealable weapon.
24    For purposes of this subsection, "financial institution"
25    means a bank, savings and loan association, credit union or
26    company providing armored car services.

 

 

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1        (9) Any person employed by an armored car company to
2    drive an armored car, while actually engaged in the
3    performance of his duties.
4        (10) Persons who have been classified as peace officers
5    pursuant to the Peace Officer Fire Investigation Act.
6        (11) Investigators of the Office of the State's
7    Attorneys Appellate Prosecutor authorized by the board of
8    governors of the Office of the State's Attorneys Appellate
9    Prosecutor to carry weapons pursuant to Section 7.06 of the
10    State's Attorneys Appellate Prosecutor's Act.
11        (12) Special investigators appointed by a State's
12    Attorney under Section 3-9005 of the Counties Code.
13        (12.5) Probation officers while in the performance of
14    their duties, or while commuting between their homes,
15    places of employment or specific locations that are part of
16    their assigned duties, with the consent of the chief judge
17    of the circuit for which they are employed.
18        (13) Court Security Officers while in the performance
19    of their official duties, or while commuting between their
20    homes and places of employment, with the consent of the
21    Sheriff.
22        (13.5) A person employed as an armed security guard at
23    a nuclear energy, storage, weapons or development site or
24    facility regulated by the Nuclear Regulatory Commission
25    who has completed the background screening and training
26    mandated by the rules and regulations of the Nuclear

 

 

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1    Regulatory Commission.
2        (14) Manufacture, transportation, or sale of weapons
3    to persons authorized under subdivisions (1) through
4    (13.5) of this subsection to possess those weapons.
5    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
6to or affect any person carrying a concealed pistol, revolver,
7or handgun and the person has been issued a currently valid
8license under the Firearm Concealed Carry Act at the time of
9the commission of the offense.
10    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1124-1.6 do not apply to or affect any of the following:
12        (1) Members of any club or organization organized for
13    the purpose of practicing shooting at targets upon
14    established target ranges, whether public or private, and
15    patrons of such ranges, while such members or patrons are
16    using their firearms on those target ranges.
17        (2) Duly authorized military or civil organizations
18    while parading, with the special permission of the
19    Governor.
20        (3) Hunters, trappers or fishermen with a license or
21    permit while engaged in hunting, trapping or fishing.
22        (4) Transportation of weapons that are broken down in a
23    non-functioning state or are not immediately accessible.
24        (5) Carrying or possessing any pistol, revolver, stun
25    gun or taser or other firearm on the land or in the legal
26    dwelling of another person as an invitee with that person's

 

 

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1    permission.
2    (c) Subsection 24-1(a)(7) does not apply to or affect any
3of the following:
4        (1) Peace officers while in performance of their
5    official duties.
6        (2) Wardens, superintendents and keepers of prisons,
7    penitentiaries, jails and other institutions for the
8    detention of persons accused or convicted of an offense.
9        (3) Members of the Armed Services or Reserve Forces of
10    the United States or the Illinois National Guard, while in
11    the performance of their official duty.
12        (4) Manufacture, transportation, or sale of machine
13    guns to persons authorized under subdivisions (1) through
14    (3) of this subsection to possess machine guns, if the
15    machine guns are broken down in a non-functioning state or
16    are not immediately accessible.
17        (5) Persons licensed under federal law to manufacture
18    any weapon from which 8 or more shots or bullets can be
19    discharged by a single function of the firing device, or
20    ammunition for such weapons, and actually engaged in the
21    business of manufacturing such weapons or ammunition, but
22    only with respect to activities which are within the lawful
23    scope of such business, such as the manufacture,
24    transportation, or testing of such weapons or ammunition.
25    This exemption does not authorize the general private
26    possession of any weapon from which 8 or more shots or

 

 

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1    bullets can be discharged by a single function of the
2    firing device, but only such possession and activities as
3    are within the lawful scope of a licensed manufacturing
4    business described in this paragraph.
5        During transportation, such weapons shall be broken
6    down in a non-functioning state or not immediately
7    accessible.
8        (6) The manufacture, transport, testing, delivery,
9    transfer or sale, and all lawful commercial or experimental
10    activities necessary thereto, of rifles, shotguns, and
11    weapons made from rifles or shotguns, or ammunition for
12    such rifles, shotguns or weapons, where engaged in by a
13    person operating as a contractor or subcontractor pursuant
14    to a contract or subcontract for the development and supply
15    of such rifles, shotguns, weapons or ammunition to the
16    United States government or any branch of the Armed Forces
17    of the United States, when such activities are necessary
18    and incident to fulfilling the terms of such contract.
19        The exemption granted under this subdivision (c)(6)
20    shall also apply to any authorized agent of any such
21    contractor or subcontractor who is operating within the
22    scope of his employment, where such activities involving
23    such weapon, weapons or ammunition are necessary and
24    incident to fulfilling the terms of such contract.
25        During transportation, any such weapon shall be broken
26    down in a non-functioning state, or not immediately

 

 

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1    accessible.
2        (7) A person possessing a rifle with a barrel or
3    barrels less than 16 inches in length if: (A) the person
4    has been issued a Curios and Relics license from the U.S.
5    Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
6    the person is an active member of a bona fide, nationally
7    recognized military re-enacting group and the modification
8    is required and necessary to accurately portray the weapon
9    for historical re-enactment purposes; the re-enactor is in
10    possession of a valid and current re-enacting group
11    membership credential; and the overall length of the weapon
12    as modified is not less than 26 inches.
13        During transportation, any such weapon shall be broken
14    down in a non-functioning state, or not immediately
15    accessible.
16    (d) Subsection 24-1(a)(1) does not apply to the purchase,
17possession or carrying of a black-jack or slung-shot by a peace
18officer.
19    (e) Subsection 24-1(a)(8) does not apply to any owner,
20manager or authorized employee of any place specified in that
21subsection nor to any law enforcement officer.
22    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
23Section 24-1.6 do not apply to members of any club or
24organization organized for the purpose of practicing shooting
25at targets upon established target ranges, whether public or
26private, while using their firearms on those target ranges.

 

 

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1    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
2to:
3        (1) Members of the Armed Services or Reserve Forces of
4    the United States or the Illinois National Guard, while in
5    the performance of their official duty.
6        (2) Bonafide collectors of antique or surplus military
7    ordinance.
8        (3) Laboratories having a department of forensic
9    ballistics, or specializing in the development of
10    ammunition or explosive ordinance.
11        (4) Commerce, preparation, assembly or possession of
12    explosive bullets by manufacturers of ammunition licensed
13    by the federal government, in connection with the supply of
14    those organizations and persons exempted by subdivision
15    (g)(1) of this Section, or like organizations and persons
16    outside this State, or the transportation of explosive
17    bullets to any organization or person exempted in this
18    Section by a common carrier or by a vehicle owned or leased
19    by an exempted manufacturer.
20    (g-5) Subsection 24-1(a)(6) does not apply to or affect
21persons licensed under federal law to manufacture any device or
22attachment of any kind designed, used, or intended for use in
23silencing the report of any firearm, firearms, or ammunition
24for those firearms equipped with those devices, and actually
25engaged in the business of manufacturing those devices,
26firearms, or ammunition, but only with respect to activities

 

 

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1that are within the lawful scope of that business, such as the
2manufacture, transportation, or testing of those devices,
3firearms, or ammunition. This exemption does not authorize the
4general private possession of any device or attachment of any
5kind designed, used, or intended for use in silencing the
6report of any firearm, but only such possession and activities
7as are within the lawful scope of a licensed manufacturing
8business described in this subsection (g-5). During
9transportation, these devices shall be detached from any weapon
10or not immediately accessible.
11    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1224-1.6 do not apply to or affect any parole agent or parole
13supervisor who meets the qualifications and conditions
14prescribed in Section 3-14-1.5 of the Unified Code of
15Corrections.
16    (g-7) Subsection 24-1(a)(6) does not apply to a peace
17officer while serving as a member of a tactical response team
18or special operations team. A peace officer may not personally
19own or apply for ownership of a device or attachment of any
20kind designed, used, or intended for use in silencing the
21report of any firearm. These devices shall be owned and
22maintained by lawfully recognized units of government whose
23duties include the investigation of criminal acts.
24    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
2524-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
26athlete's possession, transport on official Olympic and

 

 

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1Paralympic transit systems established for athletes, or use of
2competition firearms sanctioned by the International Olympic
3Committee, the International Paralympic Committee, the
4International Shooting Sport Federation, or USA Shooting in
5connection with such athlete's training for and participation
6in shooting competitions at the 2016 Olympic and Paralympic
7Games and sanctioned test events leading up to the 2016 Olympic
8and Paralympic Games.
9    (h) An information or indictment based upon a violation of
10any subsection of this Article need not negative any exemptions
11contained in this Article. The defendant shall have the burden
12of proving such an exemption.
13    (i) Nothing in this Article shall prohibit, apply to, or
14affect the transportation, carrying, or possession, of any
15pistol or revolver, stun gun, taser, or other firearm consigned
16to a common carrier operating under license of the State of
17Illinois or the federal government, where such transportation,
18carrying, or possession is incident to the lawful
19transportation in which such common carrier is engaged; and
20nothing in this Article shall prohibit, apply to, or affect the
21transportation, carrying, or possession of any pistol,
22revolver, stun gun, taser, or other firearm, not the subject of
23and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
24this Article, which is unloaded and enclosed in a case, firearm
25carrying box, shipping box, or other container, by the
26possessor of a valid Firearm Owners Identification Card.

 

 

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1(Source: P.A. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742,
2eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11;
397-676, eff. 6-1-12; 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13;
4revised 8-23-12.)
 
5    Section 160. The Code of Criminal Procedure of 1963 is
6amended by changing Section 112A-14 as follows:
 
7    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
8    Sec. 112A-14. Order of protection; remedies.
9    (a) Issuance of order. If the court finds that petitioner
10has been abused by a family or household member, as defined in
11this Article, an order of protection prohibiting such abuse
12shall issue; provided that petitioner must also satisfy the
13requirements of one of the following Sections, as appropriate:
14Section 112A-17 on emergency orders, Section 112A-18 on interim
15orders, or Section 112A-19 on plenary orders. Petitioner shall
16not be denied an order of protection because petitioner or
17respondent is a minor. The court, when determining whether or
18not to issue an order of protection, shall not require physical
19manifestations of abuse on the person of the victim.
20Modification and extension of prior orders of protection shall
21be in accordance with this Article.
22    (b) Remedies and standards. The remedies to be included in
23an order of protection shall be determined in accordance with
24this Section and one of the following Sections, as appropriate:

 

 

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1Section 112A-17 on emergency orders, Section 112A-18 on interim
2orders, and Section 112A-19 on plenary orders. The remedies
3listed in this subsection shall be in addition to other civil
4or criminal remedies available to petitioner.
5        (1) Prohibition of abuse. Prohibit respondent's
6    harassment, interference with personal liberty,
7    intimidation of a dependent, physical abuse or willful
8    deprivation, as defined in this Article, if such abuse has
9    occurred or otherwise appears likely to occur if not
10    prohibited.
11        (2) Grant of exclusive possession of residence.
12    Prohibit respondent from entering or remaining in any
13    residence, household, or premises of the petitioner,
14    including one owned or leased by respondent, if petitioner
15    has a right to occupancy thereof. The grant of exclusive
16    possession of the residence, household, or premises shall
17    not affect title to real property, nor shall the court be
18    limited by the standard set forth in Section 701 of the
19    Illinois Marriage and Dissolution of Marriage Act.
20            (A) Right to occupancy. A party has a right to
21        occupancy of a residence or household if it is solely
22        or jointly owned or leased by that party, that party's
23        spouse, a person with a legal duty to support that
24        party or a minor child in that party's care, or by any
25        person or entity other than the opposing party that
26        authorizes that party's occupancy (e.g., a domestic

 

 

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1        violence shelter). Standards set forth in subparagraph
2        (B) shall not preclude equitable relief.
3            (B) Presumption of hardships. If petitioner and
4        respondent each has the right to occupancy of a
5        residence or household, the court shall balance (i) the
6        hardships to respondent and any minor child or
7        dependent adult in respondent's care resulting from
8        entry of this remedy with (ii) the hardships to
9        petitioner and any minor child or dependent adult in
10        petitioner's care resulting from continued exposure to
11        the risk of abuse (should petitioner remain at the
12        residence or household) or from loss of possession of
13        the residence or household (should petitioner leave to
14        avoid the risk of abuse). When determining the balance
15        of hardships, the court shall also take into account
16        the accessibility of the residence or household.
17        Hardships need not be balanced if respondent does not
18        have a right to occupancy.
19            The balance of hardships is presumed to favor
20        possession by petitioner unless the presumption is
21        rebutted by a preponderance of the evidence, showing
22        that the hardships to respondent substantially
23        outweigh the hardships to petitioner and any minor
24        child or dependent adult in petitioner's care. The
25        court, on the request of petitioner or on its own
26        motion, may order respondent to provide suitable,

 

 

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1        accessible, alternate housing for petitioner instead
2        of excluding respondent from a mutual residence or
3        household.
4        (3) Stay away order and additional prohibitions. Order
5    respondent to stay away from petitioner or any other person
6    protected by the order of protection, or prohibit
7    respondent from entering or remaining present at
8    petitioner's school, place of employment, or other
9    specified places at times when petitioner is present, or
10    both, if reasonable, given the balance of hardships.
11    Hardships need not be balanced for the court to enter a
12    stay away order or prohibit entry if respondent has no
13    right to enter the premises.
14        If an order of protection grants petitioner exclusive
15    possession of the residence, or prohibits respondent from
16    entering the residence, or orders respondent to stay away
17    from petitioner or other protected persons, then the court
18    may allow respondent access to the residence to remove
19    items of clothing and personal adornment used exclusively
20    by respondent, medications, and other items as the court
21    directs. The right to access shall be exercised on only one
22    occasion as the court directs and in the presence of an
23    agreed-upon adult third party or law enforcement officer.
24        (4) Counseling. Require or recommend the respondent to
25    undergo counseling for a specified duration with a social
26    worker, psychologist, clinical psychologist, psychiatrist,

 

 

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1    family service agency, alcohol or substance abuse program,
2    mental health center guidance counselor, agency providing
3    services to elders, program designed for domestic violence
4    abusers or any other guidance service the court deems
5    appropriate. The court may order the respondent in any
6    intimate partner relationship to report to an Illinois
7    Department of Human Services protocol approved partner
8    abuse intervention program for an assessment and to follow
9    all recommended treatment.
10        (5) Physical care and possession of the minor child. In
11    order to protect the minor child from abuse, neglect, or
12    unwarranted separation from the person who has been the
13    minor child's primary caretaker, or to otherwise protect
14    the well-being of the minor child, the court may do either
15    or both of the following: (i) grant petitioner physical
16    care or possession of the minor child, or both, or (ii)
17    order respondent to return a minor child to, or not remove
18    a minor child from, the physical care of a parent or person
19    in loco parentis.
20        If a court finds, after a hearing, that respondent has
21    committed abuse (as defined in Section 112A-3) of a minor
22    child, there shall be a rebuttable presumption that
23    awarding physical care to respondent would not be in the
24    minor child's best interest.
25        (6) Temporary legal custody. Award temporary legal
26    custody to petitioner in accordance with this Section, the

 

 

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1    Illinois Marriage and Dissolution of Marriage Act, the
2    Illinois Parentage Act of 1984, and this State's Uniform
3    Child-Custody Jurisdiction and Enforcement Act.
4        If a court finds, after a hearing, that respondent has
5    committed abuse (as defined in Section 112A-3) of a minor
6    child, there shall be a rebuttable presumption that
7    awarding temporary legal custody to respondent would not be
8    in the child's best interest.
9        (7) Visitation. Determine the visitation rights, if
10    any, of respondent in any case in which the court awards
11    physical care or temporary legal custody of a minor child
12    to petitioner. The court shall restrict or deny
13    respondent's visitation with a minor child if the court
14    finds that respondent has done or is likely to do any of
15    the following: (i) abuse or endanger the minor child during
16    visitation; (ii) use the visitation as an opportunity to
17    abuse or harass petitioner or petitioner's family or
18    household members; (iii) improperly conceal or detain the
19    minor child; or (iv) otherwise act in a manner that is not
20    in the best interests of the minor child. The court shall
21    not be limited by the standards set forth in Section 607.1
22    of the Illinois Marriage and Dissolution of Marriage Act.
23    If the court grants visitation, the order shall specify
24    dates and times for the visitation to take place or other
25    specific parameters or conditions that are appropriate. No
26    order for visitation shall refer merely to the term

 

 

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1    "reasonable visitation".
2        Petitioner may deny respondent access to the minor
3    child if, when respondent arrives for visitation,
4    respondent is under the influence of drugs or alcohol and
5    constitutes a threat to the safety and well-being of
6    petitioner or petitioner's minor children or is behaving in
7    a violent or abusive manner.
8        If necessary to protect any member of petitioner's
9    family or household from future abuse, respondent shall be
10    prohibited from coming to petitioner's residence to meet
11    the minor child for visitation, and the parties shall
12    submit to the court their recommendations for reasonable
13    alternative arrangements for visitation. A person may be
14    approved to supervise visitation only after filing an
15    affidavit accepting that responsibility and acknowledging
16    accountability to the court.
17        (8) Removal or concealment of minor child. Prohibit
18    respondent from removing a minor child from the State or
19    concealing the child within the State.
20        (9) Order to appear. Order the respondent to appear in
21    court, alone or with a minor child, to prevent abuse,
22    neglect, removal or concealment of the child, to return the
23    child to the custody or care of the petitioner or to permit
24    any court-ordered interview or examination of the child or
25    the respondent.
26        (10) Possession of personal property. Grant petitioner

 

 

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1    exclusive possession of personal property and, if
2    respondent has possession or control, direct respondent to
3    promptly make it available to petitioner, if:
4            (i) petitioner, but not respondent, owns the
5        property; or
6            (ii) the parties own the property jointly; sharing
7        it would risk abuse of petitioner by respondent or is
8        impracticable; and the balance of hardships favors
9        temporary possession by petitioner.
10        If petitioner's sole claim to ownership of the property
11    is that it is marital property, the court may award
12    petitioner temporary possession thereof under the
13    standards of subparagraph (ii) of this paragraph only if a
14    proper proceeding has been filed under the Illinois
15    Marriage and Dissolution of Marriage Act, as now or
16    hereafter amended.
17        No order under this provision shall affect title to
18    property.
19        (11) Protection of property. Forbid the respondent
20    from taking, transferring, encumbering, concealing,
21    damaging or otherwise disposing of any real or personal
22    property, except as explicitly authorized by the court, if:
23            (i) petitioner, but not respondent, owns the
24        property; or
25            (ii) the parties own the property jointly, and the
26        balance of hardships favors granting this remedy.

 

 

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1        If petitioner's sole claim to ownership of the property
2    is that it is marital property, the court may grant
3    petitioner relief under subparagraph (ii) of this
4    paragraph only if a proper proceeding has been filed under
5    the Illinois Marriage and Dissolution of Marriage Act, as
6    now or hereafter amended.
7        The court may further prohibit respondent from
8    improperly using the financial or other resources of an
9    aged member of the family or household for the profit or
10    advantage of respondent or of any other person.
11        (11.5) Protection of animals. Grant the petitioner the
12    exclusive care, custody, or control of any animal owned,
13    possessed, leased, kept, or held by either the petitioner
14    or the respondent or a minor child residing in the
15    residence or household of either the petitioner or the
16    respondent and order the respondent to stay away from the
17    animal and forbid the respondent from taking,
18    transferring, encumbering, concealing, harming, or
19    otherwise disposing of the animal.
20        (12) Order for payment of support. Order respondent to
21    pay temporary support for the petitioner or any child in
22    the petitioner's care or custody, when the respondent has a
23    legal obligation to support that person, in accordance with
24    the Illinois Marriage and Dissolution of Marriage Act,
25    which shall govern, among other matters, the amount of
26    support, payment through the clerk and withholding of

 

 

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1    income to secure payment. An order for child support may be
2    granted to a petitioner with lawful physical care or
3    custody of a child, or an order or agreement for physical
4    care or custody, prior to entry of an order for legal
5    custody. Such a support order shall expire upon entry of a
6    valid order granting legal custody to another, unless
7    otherwise provided in the custody order.
8        (13) Order for payment of losses. Order respondent to
9    pay petitioner for losses suffered as a direct result of
10    the abuse. Such losses shall include, but not be limited
11    to, medical expenses, lost earnings or other support,
12    repair or replacement of property damaged or taken,
13    reasonable attorney's fees, court costs and moving or other
14    travel expenses, including additional reasonable expenses
15    for temporary shelter and restaurant meals.
16            (i) Losses affecting family needs. If a party is
17        entitled to seek maintenance, child support or
18        property distribution from the other party under the
19        Illinois Marriage and Dissolution of Marriage Act, as
20        now or hereafter amended, the court may order
21        respondent to reimburse petitioner's actual losses, to
22        the extent that such reimbursement would be
23        "appropriate temporary relief", as authorized by
24        subsection (a)(3) of Section 501 of that Act.
25            (ii) Recovery of expenses. In the case of an
26        improper concealment or removal of a minor child, the

 

 

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1        court may order respondent to pay the reasonable
2        expenses incurred or to be incurred in the search for
3        and recovery of the minor child, including but not
4        limited to legal fees, court costs, private
5        investigator fees, and travel costs.
6        (14) Prohibition of entry. Prohibit the respondent
7    from entering or remaining in the residence or household
8    while the respondent is under the influence of alcohol or
9    drugs and constitutes a threat to the safety and well-being
10    of the petitioner or the petitioner's children.
11        (14.5) Prohibition of firearm possession.
12            (A) A person who is subject to an existing order of
13        protection, interim order of protection, emergency
14        order of protection, or plenary order of protection,
15        issued under this Code may not lawfully possess weapons
16        under Section 8.2 of the Firearm Owners Identification
17        Card Act. (a) Prohibit a respondent against whom an
18        order of protection was issued from possessing any
19        firearms during the duration of the order if the order:
20                (1) was issued after a hearing of which such
21            person received actual notice, and at which such
22            person had an opportunity to participate;
23                (2) restrains such person from harassing,
24            stalking, or threatening an intimate partner of
25            such person or child of such intimate partner or
26            person, or engaging in other conduct that would

 

 

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1            place an intimate partner in reasonable fear of
2            bodily injury to the partner or child; and
3                (3)(i) includes a finding that such person
4            represents a credible threat to the physical
5            safety of such intimate partner or child; or (ii)
6            by its terms explicitly prohibits the use,
7            attempted use, or threatened use of physical force
8            against such intimate partner or child that would
9            reasonably be expected to cause bodily injury.
10        (B) Any firearms in the possession of the respondent,
11        except as provided in subparagraph (C) of this
12        paragraph (14.5) subsection (b), shall be ordered by
13        the court to be turned over to a person with a valid
14        Firearm Owner's Identification Card the local law
15        enforcement agency for safekeeping. The court shall
16        issue an order that the respondent's Firearm Owner's
17        Identification Card be turned over to the local law
18        enforcement agency, which in turn shall immediately
19        mail the card to the Department of State Police Firearm
20        Owner's Identification Card Office for safekeeping.
21        The period of safekeeping shall be for the duration of
22        the order of protection. The firearm or firearms and
23        Firearm Owner's Identification Card, if unexpired,
24        shall at the respondent's request be returned to the
25        respondent at expiration of the order of protection.
26            (C) (b) If the respondent is a peace officer as

 

 

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1        defined in Section 2-13 of the Criminal Code of 2012,
2        the court shall order that any firearms used by the
3        respondent in the performance of his or her duties as a
4        peace officer be surrendered to the chief law
5        enforcement executive of the agency in which the
6        respondent is employed, who shall retain the firearms
7        for safekeeping for the duration of the order of
8        protection.
9            (D) (c) Upon expiration of the period of
10        safekeeping, if the firearms or Firearm Owner's
11        Identification Card cannot be returned to respondent
12        because respondent cannot be located, fails to respond
13        to requests to retrieve the firearms, or is not
14        lawfully eligible to possess a firearm, upon petition
15        from the local law enforcement agency, the court may
16        order the local law enforcement agency to destroy the
17        firearms, use the firearms for training purposes, or
18        for any other application as deemed appropriate by the
19        local law enforcement agency; or that the firearms be
20        turned over to a third party who is lawfully eligible
21        to possess firearms, and who does not reside with
22        respondent.
23        (15) Prohibition of access to records. If an order of
24    protection prohibits respondent from having contact with
25    the minor child, or if petitioner's address is omitted
26    under subsection (b) of Section 112A-5, or if necessary to

 

 

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1    prevent abuse or wrongful removal or concealment of a minor
2    child, the order shall deny respondent access to, and
3    prohibit respondent from inspecting, obtaining, or
4    attempting to inspect or obtain, school or any other
5    records of the minor child who is in the care of
6    petitioner.
7        (16) Order for payment of shelter services. Order
8    respondent to reimburse a shelter providing temporary
9    housing and counseling services to the petitioner for the
10    cost of the services, as certified by the shelter and
11    deemed reasonable by the court.
12        (17) Order for injunctive relief. Enter injunctive
13    relief necessary or appropriate to prevent further abuse of
14    a family or household member or to effectuate one of the
15    granted remedies, if supported by the balance of hardships.
16    If the harm to be prevented by the injunction is abuse or
17    any other harm that one of the remedies listed in
18    paragraphs (1) through (16) of this subsection is designed
19    to prevent, no further evidence is necessary to establish
20    that the harm is an irreparable injury.
21    (c) Relevant factors; findings.
22        (1) In determining whether to grant a specific remedy,
23    other than payment of support, the court shall consider
24    relevant factors, including but not limited to the
25    following:
26            (i) the nature, frequency, severity, pattern and

 

 

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1        consequences of the respondent's past abuse of the
2        petitioner or any family or household member,
3        including the concealment of his or her location in
4        order to evade service of process or notice, and the
5        likelihood of danger of future abuse to petitioner or
6        any member of petitioner's or respondent's family or
7        household; and
8            (ii) the danger that any minor child will be abused
9        or neglected or improperly removed from the
10        jurisdiction, improperly concealed within the State or
11        improperly separated from the child's primary
12        caretaker.
13        (2) In comparing relative hardships resulting to the
14    parties from loss of possession of the family home, the
15    court shall consider relevant factors, including but not
16    limited to the following:
17            (i) availability, accessibility, cost, safety,
18        adequacy, location and other characteristics of
19        alternate housing for each party and any minor child or
20        dependent adult in the party's care;
21            (ii) the effect on the party's employment; and
22            (iii) the effect on the relationship of the party,
23        and any minor child or dependent adult in the party's
24        care, to family, school, church and community.
25        (3) Subject to the exceptions set forth in paragraph
26    (4) of this subsection, the court shall make its findings

 

 

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1    in an official record or in writing, and shall at a minimum
2    set forth the following:
3            (i) That the court has considered the applicable
4        relevant factors described in paragraphs (1) and (2) of
5        this subsection.
6            (ii) Whether the conduct or actions of respondent,
7        unless prohibited, will likely cause irreparable harm
8        or continued abuse.
9            (iii) Whether it is necessary to grant the
10        requested relief in order to protect petitioner or
11        other alleged abused persons.
12        (4) For purposes of issuing an ex parte emergency order
13    of protection, the court, as an alternative to or as a
14    supplement to making the findings described in paragraphs
15    (c)(3)(i) through (c)(3)(iii) of this subsection, may use
16    the following procedure:
17        When a verified petition for an emergency order of
18    protection in accordance with the requirements of Sections
19    112A-5 and 112A-17 is presented to the court, the court
20    shall examine petitioner on oath or affirmation. An
21    emergency order of protection shall be issued by the court
22    if it appears from the contents of the petition and the
23    examination of petitioner that the averments are
24    sufficient to indicate abuse by respondent and to support
25    the granting of relief under the issuance of the emergency
26    order of protection.

 

 

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1        (5) Never married parties. No rights or
2    responsibilities for a minor child born outside of marriage
3    attach to a putative father until a father and child
4    relationship has been established under the Illinois
5    Parentage Act of 1984. Absent such an adjudication, no
6    putative father shall be granted temporary custody of the
7    minor child, visitation with the minor child, or physical
8    care and possession of the minor child, nor shall an order
9    of payment for support of the minor child be entered.
10    (d) Balance of hardships; findings. If the court finds that
11the balance of hardships does not support the granting of a
12remedy governed by paragraph (2), (3), (10), (11), or (16) of
13subsection (b) of this Section, which may require such
14balancing, the court's findings shall so indicate and shall
15include a finding as to whether granting the remedy will result
16in hardship to respondent that would substantially outweigh the
17hardship to petitioner from denial of the remedy. The findings
18shall be an official record or in writing.
19    (e) Denial of remedies. Denial of any remedy shall not be
20based, in whole or in part, on evidence that:
21        (1) Respondent has cause for any use of force, unless
22    that cause satisfies the standards for justifiable use of
23    force provided by Article 7 of the Criminal Code of 2012;
24        (2) Respondent was voluntarily intoxicated;
25        (3) Petitioner acted in self-defense or defense of
26    another, provided that, if petitioner utilized force, such

 

 

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1    force was justifiable under Article 7 of the Criminal Code
2    of 2012;
3        (4) Petitioner did not act in self-defense or defense
4    of another;
5        (5) Petitioner left the residence or household to avoid
6    further abuse by respondent;
7        (6) Petitioner did not leave the residence or household
8    to avoid further abuse by respondent;
9        (7) Conduct by any family or household member excused
10    the abuse by respondent, unless that same conduct would
11    have excused such abuse if the parties had not been family
12    or household members.
13(Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11;
1497-158, eff. 1-1-12; 97-1131, eff. 1-1-13; 97-1150, eff.
151-25-13.)
 
16    Section 165. The Mental Health and Developmental
17Disabilities Confidentiality Act is amended by changing
18Section 12 as follows:
 
19    (740 ILCS 110/12)  (from Ch. 91 1/2, par. 812)
20    Sec. 12. (a) If the United States Secret Service or the
21Department of State Police requests information from a mental
22health or developmental disability facility, as defined in
23Section 1-107 and 1-114 of the Mental Health and Developmental
24Disabilities Code, relating to a specific recipient and the

 

 

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1facility director determines that disclosure of such
2information may be necessary to protect the life of, or to
3prevent the infliction of great bodily harm to, a public
4official, or a person under the protection of the United States
5Secret Service, only the following information may be
6disclosed: the recipient's name, address, and age and the date
7of any admission to or discharge from a facility; and any
8information which would indicate whether or not the recipient
9has a history of violence or presents a danger of violence to
10the person under protection. Any information so disclosed shall
11be used for investigative purposes only and shall not be
12publicly disseminated. Any person participating in good faith
13in the disclosure of such information in accordance with this
14provision shall have immunity from any liability, civil,
15criminal or otherwise, if such information is disclosed relying
16upon the representation of an officer of the United States
17Secret Service or the Department of State Police that a person
18is under the protection of the United States Secret Service or
19is a public official.
20    For the purpose of this subsection (a), the term "public
21official" means the Governor, Lieutenant Governor, Attorney
22General, Secretary of State, State Comptroller, State
23Treasurer, member of the General Assembly, member of the United
24States Congress, Judge of the United States as defined in 28
25U.S.C. 451, Justice of the United States as defined in 28
26U.S.C. 451, United States Magistrate Judge as defined in 28

 

 

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1U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
2Supreme, Appellate, Circuit, or Associate Judge of the State of
3Illinois. The term shall also include the spouse, child or
4children of a public official.
5    (b) The Department of Human Services (acting as successor
6to the Department of Mental Health and Developmental
7Disabilities) and all public or private hospitals and mental
8health facilities are required, as hereafter described in this
9subsection, to furnish the Department of State Police only such
10information as may be required for the sole purpose of
11determining whether an individual who may be or may have been a
12patient is disqualified because of that status from receiving
13or retaining a Firearm Owner's Identification Card because that
14patient is determined to pose a clear and present danger to
15himself, herself or others, is determined to have a
16developmental disability, or falls within the federal
17prohibitors in under subsection (e) or (f) of Section 8 of the
18Firearm Owners Identification Card Act or 18 U.S.C. 922(g) and
19(n). All physicians, clinical psychologists, or qualified
20examiners at public or private hospitals and mental health
21facilities or parts thereof as defined in this subsection
22shall, in the form and manner required by the Department,
23provide notice directly to the Department of Human Services, or
24to his or her employer who shall then report to the Department,
25within 24 hours after determining that a patient as described
26in clause (2) of the definition of "patient" in Section 1.1 of

 

 

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1the Firearm Owners Identification Card Act poses a clear and
2present danger to himself, herself, or others, or is determined
3to have a developmental disability such information as shall be
4necessary for the Department to comply with the reporting
5requirements to the Department of State Police. This Such
6information shall be furnished within 24 hours after the
7physician, clinical psychologist, or qualified examiner has
8made a determination, or within 7 days after admission to a
9public or private hospital or mental health facility or the
10provision of services to a patient described in clause (1) of
11the definition of "patient" in Section 1.1 of the Firearm
12Owners Identification Card Act clause (2) of this subsection
13(b). Any such information disclosed under this subsection shall
14remain privileged and confidential, and shall not be
15redisclosed, except as required by subsection (e) clause (e)(2)
16of Section 3.1 of the Firearm Owners Identification Card Act,
17nor utilized for any other purpose. The method of requiring the
18providing of such information shall guarantee that no
19information is released beyond what is necessary for this
20purpose. In addition, the information disclosed shall be
21provided by the Department within the time period established
22by Section 24-3 of the Criminal Code of 2012 regarding the
23delivery of firearms. The method used shall be sufficient to
24provide the necessary information within the prescribed time
25period, which may include periodically providing lists to the
26Department of Human Services or any public or private hospital

 

 

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1or mental health facility of Firearm Owner's Identification
2Card applicants on which the Department or hospital shall
3indicate the identities of those individuals who are to its
4knowledge disqualified from having a Firearm Owner's
5Identification Card for reasons described herein. The
6Department may provide for a centralized source of information
7for the State on this subject under its jurisdiction. The
8identity of the person reporting under this subsection shall
9not be disclosed to the subject of the report. For the purposes
10of this subsection, the physician, clinical psychologist, or
11qualified examiner making the determination and his or her
12employer shall not be held criminally, civilly, or
13professionally liable for making or not making the notification
14required under this subsection, except for willful or wanton
15misconduct.
16    Any person, institution, or agency, under this Act,
17participating in good faith in the reporting or disclosure of
18records and communications otherwise in accordance with this
19provision or with rules, regulations or guidelines issued by
20the Department shall have immunity from any liability, civil,
21criminal or otherwise, that might result by reason of the
22action. For the purpose of any proceeding, civil or criminal,
23arising out of a report or disclosure in accordance with this
24provision, the good faith of any person, institution, or agency
25so reporting or disclosing shall be presumed. The full extent
26of the immunity provided in this subsection (b) shall apply to

 

 

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1any person, institution or agency that fails to make a report
2or disclosure in the good faith belief that the report or
3disclosure would violate federal regulations governing the
4confidentiality of alcohol and drug abuse patient records
5implementing 42 U.S.C. 290dd-3 and 290ee-3.
6    For purposes of this subsection (b) only, the following
7terms shall have the meaning prescribed:
8        (1) (Blank). "Hospital" means only that type of
9    institution which is providing full-time residential
10    facilities and treatment.
11        (1.3) "Clear and present danger" has the meaning as
12    defined in Section 1.1 of the Firearm Owners Identification
13    Card Act.
14        (1.5) "Developmental disability" means a disability
15    which is attributable to an intellectual disability or any
16    other condition which results in impairment similar to that
17    caused by an intellectual disability and which requires
18    services similar to those required by intellectually
19    disabled persons. The disability must originate before the
20    age of 18 years, be expected to continue indefinitely, and
21    constitute a substantial handicap.
22        (2) "Patient" has the meaning as defined in Section 1.1
23    of the Firearm Owners Identification Card Act shall include
24    only: (i) a person who is an in-patient or resident of any
25    public or private hospital or mental health facility or
26    (ii) a person who is an out-patient or provided services by

 

 

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1    a public or private hospital or mental health facility
2    whose mental condition is of such a nature that it is
3    manifested by violent, suicidal, threatening, or
4    assaultive behavior or reported behavior, for which there
5    is a reasonable belief by a physician, clinical
6    psychologist, or qualified examiner that the condition
7    poses a clear and present or imminent danger to the
8    patient, any other person or the community meaning the
9    patient's condition poses a clear and present danger in
10    accordance with subsection (f) of Section 8 of the Firearm
11    Owners Identification Card Act. The terms physician,
12    clinical psychologist, and qualified examiner are defined
13    in Sections 1-120, 1-103, and 1-122 of the Mental Health
14    and Developmental Disabilities Code.
15        (3) "Mental health facility" has the meaning as defined
16    in Section 1.1 of the Firearm Owners Identification Card
17    Act is defined by Section 1-114 of the Mental Health and
18    Developmental Disabilities Code.
19    (c) Upon the request of a peace officer who takes a person
20into custody and transports such person to a mental health or
21developmental disability facility pursuant to Section 3-606 or
224-404 of the Mental Health and Developmental Disabilities Code
23or who transports a person from such facility, a facility
24director shall furnish said peace officer the name, address,
25age and name of the nearest relative of the person transported
26to or from the mental health or developmental disability

 

 

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1facility. In no case shall the facility director disclose to
2the peace officer any information relating to the diagnosis,
3treatment or evaluation of the person's mental or physical
4health.
5    For the purposes of this subsection (c), the terms "mental
6health or developmental disability facility", "peace officer"
7and "facility director" shall have the meanings ascribed to
8them in the Mental Health and Developmental Disabilities Code.
9    (d) Upon the request of a peace officer or prosecuting
10authority who is conducting a bona fide investigation of a
11criminal offense, or attempting to apprehend a fugitive from
12justice, a facility director may disclose whether a person is
13present at the facility. Upon request of a peace officer or
14prosecuting authority who has a valid forcible felony warrant
15issued, a facility director shall disclose: (1) whether the
16person who is the subject of the warrant is present at the
17facility and (2) the date of that person's discharge or future
18discharge from the facility. The requesting peace officer or
19prosecuting authority must furnish a case number and the
20purpose of the investigation or an outstanding arrest warrant
21at the time of the request. Any person, institution, or agency
22participating in good faith in disclosing such information in
23accordance with this subsection (d) is immune from any
24liability, civil, criminal or otherwise, that might result by
25reason of the action.
26(Source: P.A. 96-193, eff. 8-10-09; 97-1150, eff. 1-25-13.)
 

 

 

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1    Section 195. No acceleration or delay. Where this Act makes
2changes in a statute that is represented in this Act by text
3that is not yet or no longer in effect (for example, a Section
4represented by multiple versions), the use of that text does
5not accelerate or delay the taking effect of (i) the changes
6made by this Act or (ii) provisions derived from any other
7Public Act.
 
8    Section 999. Effective date. This Act takes effect upon
9becoming law.".