Rep. Brandon W. Phelps

Filed: 5/29/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 836

2    AMENDMENT NO. ______. Amend Senate Bill 836 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Mental Health and Developmental
5Disabilities Code is amended by changing Sections 6-103.2 and
66-103.3 as follows:
 
7    (405 ILCS 5/6-103.2)
8    Sec. 6-103.2. Developmental disability; notice. If For
9purposes of this Section, if a person 14 years old or older is
10determined to be developmentally disabled as defined in Section
111.1 of the Firearm Owners Identification Card Act by a
12physician, clinical psychologist, or qualified examiner,
13whether practicing at a public or by a private mental health
14facility or developmental disability facility, the physician,
15clinical psychologist, or qualified examiner shall notify the
16Department of Human Services within 7 days 24 hours of making

 

 

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1the determination that the person has a developmental
2disability. The Department of Human Services shall immediately
3update its records and information relating to mental health
4and developmental disabilities, and if appropriate, shall
5notify the Department of State Police in a form and manner
6prescribed by the Department of State Police. Information
7disclosed under this Section shall remain privileged and
8confidential, and shall not be redisclosed, except as required
9under subsection (e) of Section 3.1 of the Firearm Owners
10Identification Card Act, nor used for any other purpose. The
11method of providing this information shall guarantee that the
12information is not released beyond that which is necessary for
13the purpose of this Section and shall be provided by rule by
14the Department of Human Services. The identity of the person
15reporting under this Section shall not be disclosed to the
16subject of the report.
17    The physician, clinical psychologist, or qualified
18examiner making the determination and his or her employer may
19not be held criminally, civilly, or professionally liable for
20making or not making the notification required under this
21Section, except for willful or wanton misconduct.
22    For purposes of this Section, "developmentally disabled"
23means a disability which is attributable to any other condition
24which results in impairment similar to that caused by an
25intellectual disability and which requires services similar to
26those required by intellectually disabled persons. The

 

 

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1disability must originate before the age of 18 years, be
2expected to continue indefinitely, and constitute a
3substantial disability. This disability results in the
4professional opinion of a physician, clinical psychologist, or
5qualified examiner, in significant functional limitations in 3
6or more of the following areas of major life activity:
7        (i) self-care;
8        (ii) receptive and expressive language;
9        (iii) learning;
10        (iv) mobility; or
11        (v) self-direction.
12    "Determined to be developmentally disabled by a physician,
13clinical psychologist, or qualified examiner" means in the
14professional opinion of the physician, clinical psychologist,
15or qualified examiner, a person is diagnosed, assessed, or
16evaluated to be developmentally disabled.
17(Source: P.A. 98-63, eff. 7-9-13.)
 
18    (405 ILCS 5/6-103.3)
19    Sec. 6-103.3. Clear and present danger; notice. If a person
20is determined to pose a clear and present danger to himself,
21herself, or to others by a physician, clinical psychologist, or
22qualified examiner, whether employed by the State, by any
23public or private mental health facility or part thereof, or by
24a law enforcement official or a school administrator, then the
25physician, clinical psychologist, qualified examiner shall

 

 

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

 

 

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1investigation.
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        "Determined to pose a clear and present danger to
7    himself, herself, or to others by a physician, clinical
8    psychologist, or qualified examiner" means in the
9    professional opinion of the physician, clinical
10    psychologist, or qualified examiner, a person poses a clear
11    and present danger.
12        "School administrator" means the person required to
13    report under the School Administrator Reporting of Mental
14    Health Clear and Present Danger Determinations Law.
15(Source: P.A. 98-63, eff. 7-9-13.)
 
16    Section 10. The Firearm Owners Identification Card Act is
17amended by changing Sections 1.1, 2, 3, 3a, and 10 as follows:
 
18    (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)
19    Sec. 1.1. For purposes of this Act:
20    "Addicted to narcotics" means a person who has been:
21        (1) convicted of an offense involving the use or
22    possession of cannabis, a controlled substance, or
23    methamphetamine within the past year; or
24        (2) determined by the Department of State Police to be

 

 

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1    addicted to narcotics based upon federal law or federal
2    guidelines.
3    "Addicted to narcotics" does not include possession or use
4of a prescribed controlled substance under the direction and
5authority of a physician or other person authorized to
6prescribe the controlled substance when the controlled
7substance is used in the prescribed manner.
8    "Adjudicated as a mentally disabled person" means the
9person is the subject of a determination by a court, board,
10commission or other lawful authority that the person, as a
11result of marked subnormal intelligence, or mental illness,
12mental impairment, incompetency, condition, or disease:
13        (1) presents a clear and present danger to himself,
14    herself, or to others;
15        (2) lacks the mental capacity to manage his or her own
16    affairs or is adjudicated a disabled person as defined in
17    Section 11a-2 of the Probate Act of 1975;
18        (3) is not guilty in a criminal case by reason of
19    insanity, mental disease or defect;
20        (3.5) is guilty but mentally ill, as provided in
21    Section 5-2-6 of the Unified Code of Corrections;
22        (4) is incompetent to stand trial in a criminal case;
23        (5) is not guilty by reason of lack of mental
24    responsibility under Articles 50a and 72b of the Uniform
25    Code of Military Justice, 10 U.S.C. 850a, 876b;
26        (6) is a sexually violent person under subsection (f)

 

 

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

 

 

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1    behavior, such as violent, suicidal, or assaultive
2    threats, actions, or other behavior, as determined by a
3    physician, clinical psychologist, qualified examiner,
4    school administrator, or law enforcement official.
5    "Clinical psychologist" has the meaning provided in
6Section 1-103 of the Mental Health and Developmental
7Disabilities Code.
8    "Controlled substance" means a controlled substance or
9controlled substance analog as defined in the Illinois
10Controlled Substances Act.
11    "Counterfeit" means to copy or imitate, without legal
12authority, with intent to deceive.
13    "Developmentally disabled" means a disability which is
14attributable to any other condition which results in impairment
15similar to that caused by an intellectual disability and which
16requires services similar to those required by intellectually
17disabled persons. The disability must originate before the age
18of 18 years, be expected to continue indefinitely, and
19constitute a substantial disability handicap.
20    This disability results in the professional opinion of a
21physician, clinical psychologist, or qualified examiner, in
22significant functional limitations in 3 or more of the
23following areas of major life activity:
24        (i) self-care;
25        (ii) receptive and expressive language;
26        (iii) learning;

 

 

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1        (iv) mobility; or
2        (v) self-direction.
3    "Federally licensed firearm dealer" means a person who is
4licensed as a federal firearms dealer under Section 923 of the
5federal Gun Control Act of 1968 (18 U.S.C. 923).
6    "Firearm" means any device, by whatever name known, which
7is designed to expel a projectile or projectiles by the action
8of an explosion, expansion of gas or escape of gas; excluding,
9however:
10        (1) any pneumatic gun, spring gun, paint ball gun, or
11    B-B gun which expels a single globular projectile not
12    exceeding .18 inch in diameter or which has a maximum
13    muzzle velocity of less than 700 feet per second;
14        (1.1) any pneumatic gun, spring gun, paint ball gun, or
15    B-B gun which expels breakable paint balls containing
16    washable marking colors;
17        (2) any device used exclusively for signalling or
18    safety and required or recommended by the United States
19    Coast Guard or the Interstate Commerce Commission;
20        (3) any device used exclusively for the firing of stud
21    cartridges, explosive rivets or similar industrial
22    ammunition; and
23        (4) an antique firearm (other than a machine-gun)
24    which, although designed as a weapon, the Department of
25    State Police finds by reason of the date of its
26    manufacture, value, design, and other characteristics is

 

 

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1    primarily a collector's item and is not likely to be used
2    as a weapon.
3    "Firearm ammunition" means any self-contained cartridge or
4shotgun shell, by whatever name known, which is designed to be
5used or adaptable to use in a firearm; excluding, however:
6        (1) any ammunition exclusively designed for use with a
7    device used exclusively for signalling or safety and
8    required or recommended by the United States Coast Guard or
9    the Interstate Commerce Commission; and
10        (2) any ammunition designed exclusively for use with a
11    stud or rivet driver or other similar industrial
12    ammunition.
13    "Gun show" means an event or function:
14        (1) at which the sale and transfer of firearms is the
15    regular and normal course of business and where 50 or more
16    firearms are displayed, offered, or exhibited for sale,
17    transfer, or exchange; or
18        (2) at which not less than 10 gun show vendors display,
19    offer, or exhibit for sale, sell, transfer, or exchange
20    firearms.
21    "Gun show" includes the entire premises provided for an
22event or function, including parking areas for the event or
23function, that is sponsored to facilitate the purchase, sale,
24transfer, or exchange of firearms as described in this Section.
25Nothing in this definition shall be construed to exclude a gun
26show held in conjunction with competitive shooting events at

 

 

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1the World Shooting Complex sanctioned by a national governing
2body in which the sale or transfer of firearms is authorized
3under subparagraph (5) of paragraph (g) of subsection (A) of
4Section 24-3 of the Criminal Code of 2012.
5    Unless otherwise expressly stated, "gun show" "Gun show"
6does not include training or safety classes, competitive
7shooting events, such as rifle, shotgun, or handgun matches,
8trap, skeet, or sporting clays shoots, dinners, banquets,
9raffles, or any other event where the sale or transfer of
10firearms is not the primary course of business.
11    "Gun show promoter" means a person who organizes or
12operates a gun show.
13    "Gun show vendor" means a person who exhibits, sells,
14offers for sale, transfers, or exchanges any firearms at a gun
15show, regardless of whether the person arranges with a gun show
16promoter for a fixed location from which to exhibit, sell,
17offer for sale, transfer, or exchange any firearm.
18    "Intellectually disabled" means significantly subaverage
19general intellectual functioning which exists concurrently
20with impairment in adaptive behavior and which originates
21before the age of 18 years.
22    "Involuntarily admitted" has the meaning as prescribed in
23Sections 1-119 and 1-119.1 of the Mental Health and
24Developmental Disabilities Code.
25    "Mental health facility" means any licensed private
26hospital or hospital affiliate, institution, or facility, or

 

 

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1part thereof, and any facility, or part thereof, operated by
2the State or a political subdivision thereof which provide
3treatment of persons with mental illness and includes all
4hospitals, institutions, clinics, evaluation facilities,
5mental health centers, colleges, universities, long-term care
6facilities, and nursing homes, or parts thereof, which provide
7treatment of persons with mental illness whether or not the
8primary purpose is to provide treatment of persons with mental
9illness.
10    "National governing body" means a group of persons who
11adopt rules and formulate policy on behalf of a national
12firearm sporting organization.
13    "Patient" means:
14        (1) a person who voluntarily receives mental health
15    treatment as an in-patient or resident of any public or
16    private mental health facility, unless the treatment was
17    solely for an alcohol abuse disorder and no other secondary
18    substance abuse disorder or mental illness; or
19        (2) a person who voluntarily receives mental health
20    treatment as an out-patient or is provided services by a
21    public or private mental health facility, and who poses a
22    clear and present danger to himself, herself, or to others.
23    "Physician" has the meaning as defined in Section 1-120 of
24the Mental Health and Developmental Disabilities Code.
25    "Qualified examiner" has the meaning provided in Section
261-122 of the Mental Health and Developmental Disabilities Code.

 

 

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1    "Sanctioned competitive shooting event" means a shooting
2contest officially recognized by a national or state shooting
3sport association, and includes any sight-in or practice
4conducted in conjunction with the event.
5    "School administrator" means the person required to report
6under the School Administrator Reporting of Mental Health Clear
7and Present Danger Determinations Law.
8    "Stun gun or taser" has the meaning ascribed to it in
9Section 24-1 of the Criminal Code of 2012.
10(Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13;
1197-1167, eff. 6-1-13; 98-63, eff. 7-9-13.)
 
12    (430 ILCS 65/2)  (from Ch. 38, par. 83-2)
13    Sec. 2. Firearm Owner's Identification Card required;
14exceptions.
15    (a) (1) No person may acquire or possess any firearm, stun
16    gun, or taser within this State without having in his or
17    her possession a Firearm Owner's Identification Card
18    previously issued in his or her name by the Department of
19    State Police under the provisions of this Act.
20        (2) No person may acquire or possess firearm ammunition
21    within this State without having in his or her possession a
22    Firearm Owner's Identification Card previously issued in
23    his or her name by the Department of State Police under the
24    provisions of this Act.
25    (b) The provisions of this Section regarding the possession

 

 

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1of firearms, firearm ammunition, stun guns, and tasers do not
2apply to:
3        (1) United States Marshals, while engaged in the
4    operation of their official duties;
5        (2) Members of the Armed Forces of the United States or
6    the National Guard, while engaged in the operation of their
7    official duties;
8        (3) Federal officials required to carry firearms,
9    while engaged in the operation of their official duties;
10        (4) Members of bona fide veterans organizations which
11    receive firearms directly from the armed forces of the
12    United States, while using the firearms for ceremonial
13    purposes with blank ammunition;
14        (5) Nonresident hunters during hunting season, with
15    valid nonresident hunting licenses and while in an area
16    where hunting is permitted; however, at all other times and
17    in all other places these persons must have their firearms
18    unloaded and enclosed in a case;
19        (6) Those hunters exempt from obtaining a hunting
20    license who are required to submit their Firearm Owner's
21    Identification Card when hunting on Department of Natural
22    Resources owned or managed sites;
23        (7) Nonresidents while on a firing or shooting range
24    recognized by the Department of State Police; however,
25    these persons must at all other times and in all other
26    places have their firearms unloaded and enclosed in a case;

 

 

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1        (8) Nonresidents while at a firearm showing or display
2    recognized by the Department of State Police; however, at
3    all other times and in all other places these persons must
4    have their firearms unloaded and enclosed in a case;
5        (9) Nonresidents whose firearms are unloaded and
6    enclosed in a case;
7        (10) Nonresidents who are currently licensed or
8    registered to possess a firearm in their resident state;
9        (11) Unemancipated minors while in the custody and
10    immediate control of their parent or legal guardian or
11    other person in loco parentis to the minor if the parent or
12    legal guardian or other person in loco parentis to the
13    minor has a currently valid Firearm Owner's Identification
14    Card;
15        (12) Color guards of bona fide veterans organizations
16    or members of bona fide American Legion bands while using
17    firearms for ceremonial purposes with blank ammunition;
18        (13) Nonresident hunters whose state of residence does
19    not require them to be licensed or registered to possess a
20    firearm and only during hunting season, with valid hunting
21    licenses, while accompanied by, and using a firearm owned
22    by, a person who possesses a valid Firearm Owner's
23    Identification Card and while in an area within a
24    commercial club licensed under the Wildlife Code where
25    hunting is permitted and controlled, but in no instance
26    upon sites owned or managed by the Department of Natural

 

 

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1    Resources;
2        (14) Resident hunters who are properly authorized to
3    hunt and, while accompanied by a person who possesses a
4    valid Firearm Owner's Identification Card, hunt in an area
5    within a commercial club licensed under the Wildlife Code
6    where hunting is permitted and controlled;
7        (15) A person who is otherwise eligible to obtain a
8    Firearm Owner's Identification Card under this Act and is
9    under the direct supervision of a holder of a Firearm
10    Owner's Identification Card who is 21 years of age or older
11    while the person is on a firing or shooting range or is a
12    participant in a firearms safety and training course
13    recognized by a law enforcement agency or a national,
14    statewide shooting sports organization; and
15        (16) Competitive shooting athletes whose competition
16    firearms are sanctioned by the International Olympic
17    Committee, the International Paralympic Committee, the
18    International Shooting Sport Federation, or USA Shooting
19    in connection with such athletes' training for and
20    participation in shooting competitions at the 2016 Olympic
21    and Paralympic Games and sanctioned test events leading up
22    to the 2016 Olympic and Paralympic Games.
23    (c) The provisions of this Section regarding the
24acquisition and possession of firearms, firearm ammunition,
25stun guns, and tasers do not apply to law enforcement officials
26of this or any other jurisdiction, while engaged in the

 

 

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1operation of their official duties.
2    (c-5) The provisions of paragraphs (1) and (2) of
3subsection (a) of this Section regarding the possession of
4firearms and firearm ammunition do not apply to the holder of a
5valid concealed carry license issued under the Firearm
6Concealed Carry Act who is in physical possession of the
7concealed carry license.
8    (d) Any person who becomes a resident of this State, who is
9not otherwise prohibited from obtaining, possessing, or using a
10firearm or firearm ammunition, shall not be required to have a
11Firearm Owner's Identification Card to possess firearms or
12firearms ammunition until 60 calendar days after he or she
13obtains an Illinois driver's license or Illinois
14Identification Card.
15(Source: P.A. 96-7, eff. 4-3-09; 97-1131, eff. 1-1-13.)
 
16    (430 ILCS 65/3)  (from Ch. 38, par. 83-3)
17    Sec. 3. (a) Except as provided in Section 3a, no person may
18knowingly transfer, or cause to be transferred, any firearm,
19firearm ammunition, stun gun, or taser to any person within
20this State unless the transferee with whom he deals displays
21either: (1) a currently valid Firearm Owner's Identification
22Card which has previously been issued in his or her name by the
23Department of State Police under the provisions of this Act; or
24(2) a currently valid license to carry a concealed firearm
25which has previously been issued in his or her name by the

 

 

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1Department of State Police under the Firearm Concealed Carry
2Act. In addition, all firearm, stun gun, and taser transfers by
3federally licensed firearm dealers are subject to Section 3.1.
4    (a-5) Any person who is not a federally licensed firearm
5dealer and who desires to transfer or sell a firearm while that
6person is on the grounds of a gun show must, before selling or
7transferring the firearm, request the Department of State
8Police to conduct a background check on the prospective
9recipient of the firearm in accordance with Section 3.1.
10    (a-10) Notwithstanding item (2) of subsection (a) of this
11Section, any Any person who is not a federally licensed firearm
12dealer and who desires to transfer or sell a firearm or
13firearms to any person who is not a federally licensed firearm
14dealer shall, before selling or transferring the firearms,
15contact the Department of State Police with the transferee's or
16purchaser's Firearm Owner's Identification Card number to
17determine the validity of the transferee's or purchaser's
18Firearm Owner's Identification Card. This subsection shall not
19be effective until January 1, 2014. The Department of State
20Police may adopt rules concerning the implementation of this
21subsection. The Department of State Police shall provide the
22seller or transferor an approval number if the purchaser's
23Firearm Owner's Identification Card is valid. Approvals issued
24by the Department for the purchase of a firearm pursuant to
25this subsection are valid for 30 days from the date of issue.
26    (a-15) The provisions of subsection (a-10) of this Section

 

 

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1do not apply to:
2        (1) transfers that occur at the place of business of a
3    federally licensed firearm dealer, if the federally
4    licensed firearm dealer conducts a background check on the
5    prospective recipient of the firearm in accordance with
6    Section 3.1 of this Act and follows all other applicable
7    federal, State, and local laws as if he or she were the
8    seller or transferor of the firearm, although the dealer is
9    not required to accept the firearm into his or her
10    inventory. The purchaser or transferee may be required by
11    the federally licensed firearm dealer to pay a fee not to
12    exceed $10 per firearm, which the dealer may retain as
13    compensation for performing the functions required under
14    this paragraph, plus the applicable fees authorized by
15    Section 3.1;
16        (2) transfers as a bona fide gift to the transferor's
17    husband, wife, son, daughter, stepson, stepdaughter,
18    father, mother, stepfather, stepmother, brother, sister,
19    nephew, niece, uncle, aunt, grandfather, grandmother,
20    grandson, granddaughter, father-in-law, mother-in-law,
21    son-in-law, or daughter-in-law;
22        (3) transfers by persons acting pursuant to operation
23    of law or a court order;
24        (4) transfers on the grounds of a gun show under
25    subsection (a-5) of this Section;
26        (5) the delivery of a firearm by its owner to a

 

 

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1    gunsmith for service or repair, the return of the firearm
2    to its owner by the gunsmith, or the delivery of a firearm
3    by a gunsmith to a federally licensed firearms dealer for
4    service or repair and the return of the firearm to the
5    gunsmith;
6        (6) temporary transfers that occur while in the home of
7    the unlicensed transferee, if the unlicensed transferee is
8    not otherwise prohibited from possessing firearms and the
9    unlicensed transferee reasonably believes that possession
10    of the firearm is necessary to prevent imminent death or
11    great bodily harm to the unlicensed transferee;
12        (7) transfers to a law enforcement or corrections
13    agency or a law enforcement or corrections officer acting
14    within the course and scope of his or her official duties;
15        (8) transfers of firearms that have been rendered
16    permanently inoperable to a nonprofit historical society,
17    museum, or institutional collection; and
18        (9) transfers to a person who is exempt from the
19    requirement of possessing a Firearm Owner's Identification
20    Card under Section 2 of this Act.
21    (a-20) The Department of State Police shall develop an
22Internet-based system for individuals to determine the
23validity of a Firearm Owner's Identification Card prior to the
24sale or transfer of a firearm. The Department shall have the
25Internet-based system completed and available for use by July
261, 2015. The Department shall adopt rules not inconsistent with

 

 

09900SB0836ham001- 21 -LRB099 09057 RLC 36370 a

1this Section to implement this system.
2    (b) Any person within this State who transfers or causes to
3be transferred any firearm, stun gun, or taser shall keep a
4record of such transfer for a period of 10 years from the date
5of transfer. Such record shall contain the date of the
6transfer; the description, serial number or other information
7identifying the firearm, stun gun, or taser if no serial number
8is available; and, if the transfer was completed within this
9State, the transferee's Firearm Owner's Identification Card
10number and any approval number or documentation provided by the
11Department of State Police pursuant to subsection (a-10) of
12this Section. On or after January 1, 2006, the record shall
13contain the date of application for transfer of the firearm. On
14demand of a peace officer such transferor shall produce for
15inspection such record of transfer. If the transfer or sale
16took place at a gun show, the record shall include the unique
17identification number. Failure to record the unique
18identification number or approval number is a petty offense.
19    (b-5) Any resident may purchase ammunition from a person
20within or outside of Illinois if shipment is by United States
21mail or by a private express carrier authorized by federal law
22to ship ammunition. Any resident purchasing ammunition within
23or outside the State of Illinois must provide the seller with a
24copy of his or her valid Firearm Owner's Identification Card or
25valid concealed carry license and either his or her Illinois
26driver's license or Illinois State Identification Card prior to

 

 

09900SB0836ham001- 22 -LRB099 09057 RLC 36370 a

1the shipment of the ammunition. The ammunition may be shipped
2only to an address on either of those 2 documents.
3    (c) The provisions of this Section regarding the transfer
4of firearm ammunition shall not apply to those persons
5specified in paragraph (b) of Section 2 of this Act.
6(Source: P.A. 97-1135, eff. 12-4-12; 98-508, eff. 8-19-13.)
 
7    (430 ILCS 65/3a)  (from Ch. 38, par. 83-3a)
8    Sec. 3a. (a) Any resident of Illinois who has obtained a
9firearm owner's identification card pursuant to this Act and
10who is not otherwise prohibited from obtaining, possessing or
11using a firearm may purchase or obtain a rifle or shotgun or
12ammunition for a rifle or shotgun in Iowa, Missouri, Indiana,
13Wisconsin or Kentucky.
14    (b) Any resident of Iowa, Missouri, Indiana, Wisconsin or
15Kentucky or a non-resident with a valid non-resident hunting
16license, who is 18 years of age or older and who is not
17prohibited by the laws of Illinois, the state of his domicile,
18or the United States from obtaining, possessing or using a
19firearm, may purchase or obtain a rifle, shotgun or ammunition
20for a rifle or shotgun in Illinois.
21    (b-5) Any non-resident who is participating in a sanctioned
22competitive shooting event, who is 18 years of age or older and
23who is not prohibited by the laws of Illinois, the state of his
24or her domicile, or the United States from obtaining,
25possessing, or using a firearm, may purchase or obtain a

 

 

09900SB0836ham001- 23 -LRB099 09057 RLC 36370 a

1shotgun or shotgun ammunition in Illinois for the purpose of
2participating in that event. A person may purchase or obtain a
3shotgun or shotgun ammunition under this subsection only at the
4site where the sanctioned competitive shooting event is being
5held.
6    (b-10) Any non-resident registered competitor or attendee
7of a competitive shooting event held at the World Shooting
8Complex sanctioned by a national governing body, who is not
9prohibited by the laws of Illinois, the state of his or her
10domicile, or the United States from obtaining, possessing, or
11using a firearm may purchase or obtain a rifle, shotgun, or
12other long gun or ammunition for a rifle, shotgun, or other
13long gun at the competitive shooting event. The sanctioning
14body shall provide a list of registered competitors and
15attendees as required under subparagraph (5) of paragraph (g)
16of subsection (A) of Section 24-3 of the Criminal Code of 2012.
17A competitor or attendee of a competitive shooting event who
18does not wish to purchase a firearm at the event is not
19required to register or have his or her name appear on a list
20of registered competitors and attendees provided to the
21Department of State Police by the sanctioning body.
22    (c) Any transaction under this Section is subject to the
23provisions of the Gun Control Act of 1968 (18 U.S.C. 922
24(b)(3)).
25(Source: P.A. 94-353, eff. 7-29-05.)
 

 

 

09900SB0836ham001- 24 -LRB099 09057 RLC 36370 a

1    (430 ILCS 65/10)  (from Ch. 38, par. 83-10)
2    Sec. 10. Appeal to director; hearing; relief from firearm
3prohibitions.
4    (a) Whenever an application for a Firearm Owner's
5Identification Card is denied, whenever the Department fails to
6act on an application within 30 days of its receipt, or
7whenever such a Card is revoked or seized as provided for in
8Section 8 of this Act, the aggrieved party may appeal to the
9Director of State Police for a hearing upon such denial,
10revocation or seizure, unless the denial, revocation, or
11seizure was based upon a forcible felony, stalking, aggravated
12stalking, domestic battery, any violation of the Illinois
13Controlled Substances Act, the Methamphetamine Control and
14Community Protection Act, or the Cannabis Control Act that is
15classified as a Class 2 or greater felony, any felony violation
16of Article 24 of the Criminal Code of 1961 or the Criminal Code
17of 2012, or any adjudication as a delinquent minor for the
18commission of an offense that if committed by an adult would be
19a felony, in which case the aggrieved party may petition the
20circuit court in writing in the county of his or her residence
21for a hearing upon such denial, revocation, or seizure.
22    (b) At least 30 days before any hearing in the circuit
23court, the petitioner shall serve the relevant State's Attorney
24with a copy of the petition. The State's Attorney may object to
25the petition and present evidence. At the hearing the court
26shall determine whether substantial justice has been done.

 

 

09900SB0836ham001- 25 -LRB099 09057 RLC 36370 a

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

 

 

09900SB0836ham001- 26 -LRB099 09057 RLC 36370 a

1    of imprisonment imposed in relation to that conviction;
2        (2) the circumstances regarding a criminal conviction,
3    where applicable, the applicant's criminal history and his
4    reputation are such that the applicant will not be likely
5    to act in a manner dangerous to public safety;
6        (3) granting relief would not be contrary to the public
7    interest; and
8        (4) granting relief would not be contrary to federal
9    law.
10    (c-5) (1) An active law enforcement officer employed by a
11unit of government, who is denied, revoked, or has his or her
12Firearm Owner's Identification Card seized under subsection
13(e) of Section 8 of this Act may apply to the Director of State
14Police requesting relief if the officer did not act in a manner
15threatening to the officer, another person, or the public as
16determined by the treating clinical psychologist or physician,
17and as a result of his or her work is referred by the employer
18for or voluntarily seeks mental health evaluation or treatment
19by a licensed clinical psychologist, psychiatrist, or
20qualified examiner, and:
21        (A) the officer has not received treatment
22    involuntarily at a mental health facility, regardless of
23    the length of admission; or has not been voluntarily
24    admitted to a mental health facility for more than 30 days
25    and not for more than one incident within the past 5 years;
26    and

 

 

09900SB0836ham001- 27 -LRB099 09057 RLC 36370 a

1        (B) the officer has not left the mental institution
2    against medical advice.
3    (2) The Director of State Police shall grant expedited
4relief to active law enforcement officers described in
5paragraph (1) of this subsection (c-5) upon a determination by
6the Director that the officer's possession of a firearm does
7not present a threat to themselves, others, or public safety.
8The Director shall act on the request for relief within 30
9business days of receipt of:
10        (A) a notarized statement from the officer in the form
11    prescribed by the Director detailing the circumstances
12    that led to the hospitalization;
13        (B) all documentation regarding the admission,
14    evaluation, treatment and discharge from the treating
15    licensed clinical psychologist or psychiatrist of the
16    officer;
17        (C) a psychological fitness for duty evaluation of the
18    person completed after the time of discharge; and
19        (D) written confirmation in the form prescribed by the
20    Director from the treating licensed clinical psychologist
21    or psychiatrist that the provisions set forth in paragraph
22    (1) of this subsection (c-5) have been met, the person
23    successfully completed treatment, and their professional
24    opinion regarding the person's ability to possess
25    firearms.
26    (3) Officers eligible for the expedited relief in paragraph

 

 

09900SB0836ham001- 28 -LRB099 09057 RLC 36370 a

1(2) of this subsection (c-5) have the burden of proof on
2eligibility and must provide all information required. The
3Director may not consider granting expedited relief until the
4proof and information is received.
5    (4) "Clinical psychologist", "psychiatrist", and
6"qualified examiner" shall have the same meaning as provided in
7Chapter I 1 of the Mental Health and Developmental Disabilities
8Code.
9    (c-10) (1) An applicant, who is denied, revoked, or has his
10or her Firearm Owner's Identification Card seized under
11subsection (e) of Section 8 of this Act based upon a
12determination of a developmental disability or an intellectual
13disability may apply to the Director of State Police requesting
14relief.
15    (2) The Director shall act on the request for relief within
1660 business days of receipt of written certification, in the
17form prescribed by the Director, from a physician or clinical
18psychologist, or qualified examiner, that the aggrieved
19party's developmental disability or intellectual disability
20condition is determined by a physician, clinical psychologist,
21or qualified to be mild. If a fact-finding conference is
22scheduled to obtain additional information concerning the
23circumstances of the denial or revocation, the 60 business days
24the Director has to act shall be tolled until the completion of
25the fact-finding conference.
26    (3) The Director may grant relief if the aggrieved party's

 

 

09900SB0836ham001- 29 -LRB099 09057 RLC 36370 a

1developmental disability or intellectual disability is mild as
2determined by a physician, clinical psychologist, or qualified
3examiner and it is established by the applicant to the
4Director's satisfaction that:
5        (A) granting relief would not be contrary to the public
6    interest; and
7        (B) granting relief would not be contrary to federal
8    law.
9    (4) The Director may not grant relief if the condition is
10determined by a physician, clinical psychologist, or qualified
11examiner to be moderate, severe, or profound.
12    (5) The changes made to this Section by this amendatory Act
13of the 99th General Assembly apply to requests for relief
14pending on or before the effective date of this amendatory Act,
15except that the 60-day period for the Director to act on
16requests pending before the effective date shall begin on the
17effective date of this amendatory Act.
18    (d) When a minor is adjudicated delinquent for an offense
19which if committed by an adult would be a felony, the court
20shall notify the Department of State Police.
21    (e) The court shall review the denial of an application or
22the revocation of a Firearm Owner's Identification Card of a
23person who has been adjudicated delinquent for an offense that
24if committed by an adult would be a felony if an application
25for relief has been filed at least 10 years after the
26adjudication of delinquency and the court determines that the

 

 

09900SB0836ham001- 30 -LRB099 09057 RLC 36370 a

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

 

 

09900SB0836ham001- 31 -LRB099 09057 RLC 36370 a

1but in no case later than 15 business days, update, correct,
2modify, or remove the person's record in any database that the
3Department of State Police makes available to the National
4Instant Criminal Background Check System and notify the United
5States Attorney General that the basis for the record being
6made available no longer applies. The Department of State
7Police shall adopt rules for the administration of this
8Section.
9(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13;
1097-1167, eff. 6-1-13; 98-63, eff. 7-9-13; revised 12-10-14.)
 
11    Section 15. The Firearm Concealed Carry Act is amended by
12changing Sections 10, 30, 55, and 65 as follows:
 
13    (430 ILCS 66/10)
14    Sec. 10. Issuance of licenses to carry a concealed firearm.
15    (a) The Department shall issue a license to carry a
16concealed firearm under this Act to an applicant who:
17        (1) meets the qualifications of Section 25 of this Act;
18        (2) has provided the application and documentation
19    required in Section 30 of this Act;
20        (3) has submitted the requisite fees; and
21        (4) does not pose a danger to himself, herself, or
22    others, or a threat to public safety as determined by the
23    Concealed Carry Licensing Review Board in accordance with
24    Section 20.

 

 

09900SB0836ham001- 32 -LRB099 09057 RLC 36370 a

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

 

 

09900SB0836ham001- 33 -LRB099 09057 RLC 36370 a

1notice of denial must inform the applicant of his or her right
2to an appeal through administrative and judicial review.
3    (g) A licensee shall possess a license at all times the
4licensee carries a concealed firearm except:
5        (1) when the licensee is carrying or possessing a
6    concealed firearm on his or her land or in his or her
7    abode, legal dwelling, or fixed place of business, or on
8    the land or in the legal dwelling of another person as an
9    invitee with that person's permission;
10        (2) when the person is authorized to carry a firearm
11    under Section 24-2 of the Criminal Code of 2012, except
12    subsection (a-5) of that Section; or
13        (3) when the handgun is broken down in a
14    non-functioning state, is not immediately accessible, or
15    is unloaded and enclosed in a case.
16    (h) If an officer of a law enforcement agency initiates an
17investigative stop, including but not limited to a traffic
18stop, of a licensee or a non-resident carrying a concealed
19firearm under subsection (e) of Section 40 of this Act, upon
20the request of the officer the licensee or non-resident shall
21disclose to the officer that he or she is in possession of a
22concealed firearm under this Act, or present the license upon
23the request of the officer if he or she is a licensee or
24present upon the request of the officer evidence under
25paragraph (2) of subsection (e) of Section 40 of this Act that
26he or she is a non-resident qualified to carry under that

 

 

09900SB0836ham001- 34 -LRB099 09057 RLC 36370 a

1subsection. The disclosure requirement under this subsection
2(h) is satisfied if the licensee presents his or her license to
3the officer or the non-resident presents to the officer
4evidence under paragraph (2) of subsection (e) of Section 40 of
5this Act that he or she is qualified to carry under that
6subsection. Upon the request of the officer, the licensee or
7non-resident shall also , and identify the location of the
8concealed firearm and permit the officer to safely secure the
9firearm for the duration of the investigative stop. During a
10traffic stop, any passenger within the vehicle who is a
11licensee or a non-resident carrying under subsection (e) of
12Section 40 of this Act must comply with the requirements of
13this subsection (h).
14    (h-1) If a licensee carrying a firearm or a non-resident
15carrying a firearm in a vehicle under subsection (e) of Section
1640 of this Act is contacted by a law enforcement officer or
17emergency services personnel, the law enforcement officer or
18emergency services personnel may secure the firearm or direct
19that it be secured during the duration of the contact if the
20law enforcement officer or emergency services personnel
21determines that it is necessary for the safety of any person
22present, including the law enforcement officer or emergency
23services personnel. The licensee or nonresident shall submit to
24the order to secure the firearm. When the law enforcement
25officer or emergency services personnel have determined that
26the licensee or non-resident is not a threat to the safety of

 

 

09900SB0836ham001- 35 -LRB099 09057 RLC 36370 a

1any person present, including the law enforcement officer or
2emergency services personnel, and if the licensee or
3non-resident is physically and mentally capable of possessing
4the firearm, the law enforcement officer or emergency services
5personnel shall return the firearm to the licensee or
6non-resident before releasing him or her from the scene and
7breaking contact. If the licensee or non-resident is
8transported for treatment to another location, the firearm
9shall be turned over to any peace officer. The peace officer
10shall provide a receipt which includes the make, model,
11caliber, and serial number of the firearm.
12    (i) The Department shall maintain a database of license
13applicants and licensees. The database shall be available to
14all federal, State, and local law enforcement agencies, State's
15Attorneys, the Attorney General, and authorized court
16personnel. Within 180 days after the effective date of this
17Act, the database shall be searchable and provide all
18information included in the application, including the
19applicant's previous addresses within the 10 years prior to the
20license application and any information related to violations
21of this Act. No law enforcement agency, State's Attorney,
22Attorney General, or member or staff of the judiciary shall
23provide any information to a requester who is not entitled to
24it by law.
25    (j) No later than 10 days after receipt of a completed
26application, the Department shall enter the relevant

 

 

09900SB0836ham001- 36 -LRB099 09057 RLC 36370 a

1information about the applicant into the database under
2subsection (i) of this Section which is accessible by law
3enforcement agencies.
4(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
 
5    (430 ILCS 66/30)
6    Sec. 30. Contents of license application.
7    (a) The license application shall be in writing, under
8penalty of perjury, on a standard form adopted by the
9Department and shall be accompanied by the documentation
10required in this Section and the applicable fee. Each
11application form shall include the following statement printed
12in bold type: "Warning: Entering false information on this form
13is punishable as perjury under Section 32-2 of the Criminal
14Code of 2012."
15    (b) The application shall contain the following:
16        (1) the applicant's name, current address, date and
17    year of birth, place of birth, height, weight, hair color,
18    eye color, maiden name or any other name the applicant has
19    used or identified with, and any address where the
20    applicant resided for more than 30 days within the 10 years
21    preceding the date of the license application;
22        (2) the applicant's valid driver's license number or
23    valid state identification card number;
24        (3) a waiver of the applicant's privacy and
25    confidentiality rights and privileges under all federal

 

 

09900SB0836ham001- 37 -LRB099 09057 RLC 36370 a

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

 

 

09900SB0836ham001- 38 -LRB099 09057 RLC 36370 a

1        license application; and
2        (6) whether the applicant has failed a drug test for a
3    drug for which the applicant did not have a prescription,
4    within the previous year, and if so, the provider of the
5    test, the specific substance involved, and the date of the
6    test;
7        (7) written consent for the Department to review and
8    use the applicant's Illinois digital driver's license or
9    Illinois identification card photograph and signature;
10        (8) a full set of fingerprints submitted to the
11    Department in electronic format, provided the Department
12    may accept an application submitted without a set of
13    fingerprints in which case the Department shall be granted
14    30 days in addition to the 90 days provided under
15    subsection (e) of Section 10 of this Act to issue or deny a
16    license;
17        (9) a head and shoulder color photograph in a size
18    specified by the Department taken within the 30 days
19    preceding the date of the license application; and
20        (10) a photocopy of any certificates or other evidence
21    of compliance with the training requirements under this
22    Act.
23(Source: P.A. 98-63, eff. 7-9-13.)
 
24    (430 ILCS 66/55)
25    Sec. 55. Change of address or name; lost, destroyed, or

 

 

09900SB0836ham001- 39 -LRB099 09057 RLC 36370 a

1stolen licenses.
2    (a) A licensee shall notify the Department within 30 days
3of moving or changing residence or any change of name. The
4licensee shall submit the requisite fee and the Department may
5require a notarized statement that the licensee has changed his
6or her residence or his or her name, including the prior and
7current address or name and the date the applicant moved or
8changed his or her name. :
9        (1) a notarized statement that the licensee has changed
10    his or her residence or his or her name, including the
11    prior and current address or name and the date the
12    applicant moved or changed his or her name; and
13        (2) the requisite fee.
14    (b) A licensee shall notify the Department within 10 days
15of discovering that a license has been lost, destroyed, or
16stolen. A lost, destroyed, or stolen license is invalid. To
17request a replacement license, the licensee shall submit:
18        (1) a notarized statement that the licensee no longer
19    possesses the license, and that it was lost, destroyed, or
20    stolen;
21        (2) if applicable, a copy of a police report stating
22    that the license was stolen; and
23        (3) the requisite fee.
24    (c) A violation of this Section is a petty offense with a
25fine of $150 which shall be deposited into the Mental Health
26Reporting Fund.

 

 

09900SB0836ham001- 40 -LRB099 09057 RLC 36370 a

1(Source: P.A. 98-63, eff. 7-9-13.)
 
2    (430 ILCS 66/65)
3    Sec. 65. Prohibited areas.
4    (a) A licensee under this Act shall not knowingly carry a
5firearm on or into:
6        (1) Any building, real property, and parking area under
7    the control of a public or private elementary or secondary
8    school.
9        (2) Any building, real property, and parking area under
10    the control of a pre-school or child care facility,
11    including any room or portion of a building under the
12    control of a pre-school or child care facility. Nothing in
13    this paragraph shall prevent the operator of a child care
14    facility in a family home from owning or possessing a
15    firearm in the home or license under this Act, if no child
16    under child care at the home is present in the home or the
17    firearm in the home is stored in a locked container when a
18    child under child care at the home is present in the home.
19        (3) Any building, parking area, or portion of a
20    building under the control of an officer of the executive
21    or legislative branch of government, provided that nothing
22    in this paragraph shall prohibit a licensee from carrying a
23    concealed firearm onto the real property, bikeway, or trail
24    in a park regulated by the Department of Natural Resources
25    or any other designated public hunting area or building

 

 

09900SB0836ham001- 41 -LRB099 09057 RLC 36370 a

1    where firearm possession is permitted as established by the
2    Department of Natural Resources under Section 1.8 of the
3    Wildlife Code.
4        (4) Any building designated for matters before a
5    circuit court, appellate court, or the Supreme Court, or
6    any building or portion of a building under the control of
7    the Supreme Court.
8        (5) Any building or portion of a building under the
9    control of a unit of local government.
10        (6) Any building, real property, and parking area under
11    the control of an adult or juvenile detention or
12    correctional institution, prison, or jail.
13        (7) Any building, real property, and parking area under
14    the control of a public or private hospital or hospital
15    affiliate, mental health facility, or nursing home.
16        (8) Any bus, train, or form of transportation paid for
17    in whole or in part with public funds, and any building,
18    real property, and parking area under the control of a
19    public transportation facility paid for in whole or in part
20    with public funds.
21        (9) Any building, real property, and parking area under
22    the control of an establishment that serves alcohol on its
23    premises, if more than 50% of the establishment's gross
24    receipts within the prior 3 months is from the sale of
25    alcohol. The owner of an establishment who knowingly fails
26    to prohibit concealed firearms on its premises as provided

 

 

09900SB0836ham001- 42 -LRB099 09057 RLC 36370 a

1    in this paragraph or who knowingly makes a false statement
2    or record to avoid the prohibition on concealed firearms
3    under this paragraph is subject to the penalty under
4    subsection (c-5) of Section 10-1 of the Liquor Control Act
5    of 1934.
6        (10) Any public gathering or special event conducted on
7    property open to the public that requires the issuance of a
8    permit from the unit of local government, provided this
9    prohibition shall not apply to a licensee who must walk
10    through a public gathering in order to access his or her
11    residence, place of business, or vehicle.
12        (11) Any building or real property that has been issued
13    a Special Event Retailer's license as defined in Section
14    1-3.17.1 of the Liquor Control Act during the time
15    designated for the sale of alcohol by the Special Event
16    Retailer's license, or a Special use permit license as
17    defined in subsection (q) of Section 5-1 of the Liquor
18    Control Act during the time designated for the sale of
19    alcohol by the Special use permit license.
20        (12) Any public playground.
21        (13) Any public park, athletic area, or athletic
22    facility under the control of a municipality or park
23    district, provided nothing in this Section shall prohibit a
24    licensee from carrying a concealed firearm while on a trail
25    or bikeway if only a portion of the trail or bikeway
26    includes a public park.

 

 

09900SB0836ham001- 43 -LRB099 09057 RLC 36370 a

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

 

 

09900SB0836ham001- 44 -LRB099 09057 RLC 36370 a

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

 

 

09900SB0836ham001- 45 -LRB099 09057 RLC 36370 a

1    shooting.
2    (a-10) The owner of private real property of any type may
3prohibit the carrying of concealed firearms on the property
4under his or her control. The owner must post a sign in
5accordance with subsection (d) of this Section indicating that
6firearms are prohibited on the property, unless the property is
7a private residence.
8    (b) Notwithstanding subsections (a), (a-5), and (a-10) of
9this Section except under paragraph (22) or (23) of subsection
10(a), any licensee prohibited from carrying a concealed firearm
11into the parking area of a prohibited location specified in
12subsection (a), (a-5), or (a-10) of this Section shall be
13permitted to carry a concealed firearm on or about his or her
14person within a vehicle into the parking area and may store a
15firearm or ammunition concealed in a case within a locked
16vehicle or locked container out of plain view within the
17vehicle in the parking area. A licensee may carry a concealed
18firearm in the immediate area surrounding his or her vehicle
19within a prohibited parking lot area only for the limited
20purpose of storing or retrieving a firearm within the vehicle's
21trunk, provided the licensee ensures the concealed firearm is
22unloaded prior to exiting the vehicle. For purposes of this
23subsection, "case" includes a glove compartment or console that
24completely encloses the concealed firearm or ammunition, the
25trunk of the vehicle, or a firearm carrying box, shipping box,
26or other container.

 

 

09900SB0836ham001- 46 -LRB099 09057 RLC 36370 a

1    (c) A licensee shall not be in violation of this Section
2while he or she is traveling along a public right of way that
3touches or crosses any of the premises under subsection (a),
4(a-5), or (a-10) of this Section if the concealed firearm is
5carried on his or her person in accordance with the provisions
6of this Act or is being transported in a vehicle by the
7licensee in accordance with all other applicable provisions of
8law.
9    (d) Signs stating that the carrying of firearms is
10prohibited shall be clearly and conspicuously posted at the
11entrance of a building, premises, or real property specified in
12this Section as a prohibited area, unless the building or
13premises is a private residence. Signs shall be of a uniform
14design as established by the Department and shall be 4 inches
15by 6 inches in size. The Department shall adopt rules for
16standardized signs to be used under this subsection.
17(Source: P.A. 98-63, eff. 7-9-13.)
 
18    Section 20. The Criminal Code of 2012 is amended by
19changing Section 24-3 as follows:
 
20    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
21    Sec. 24-3. Unlawful sale or delivery of firearms.
22    (A) A person commits the offense of unlawful sale or
23delivery of firearms when he or she knowingly does any of the
24following:

 

 

09900SB0836ham001- 47 -LRB099 09057 RLC 36370 a

1        (a) Sells or gives any firearm of a size which may be
2    concealed upon the person to any person under 18 years of
3    age.
4        (b) Sells or gives any firearm to a person under 21
5    years of age who has been convicted of a misdemeanor other
6    than a traffic offense or adjudged delinquent.
7        (c) Sells or gives any firearm to any narcotic addict.
8        (d) Sells or gives any firearm to any person who has
9    been convicted of a felony under the laws of this or any
10    other jurisdiction.
11        (e) Sells or gives any firearm to any person who has
12    been a patient in a mental institution within the past 5
13    years. In this subsection (e):
14            "Mental institution" means any hospital,
15        institution, clinic, evaluation facility, mental
16        health center, or part thereof, which is used primarily
17        for the care or treatment of persons with mental
18        illness.
19            "Patient in a mental institution" means the person
20        was admitted, either voluntarily or involuntarily, to
21        a mental institution for mental health treatment,
22        unless the treatment was voluntary and solely for an
23        alcohol abuse disorder and no other secondary
24        substance abuse disorder or mental illness.
25        (f) Sells or gives any firearms to any person who is
26    intellectually disabled.

 

 

09900SB0836ham001- 48 -LRB099 09057 RLC 36370 a

1        (g) Delivers any firearm of a size which may be
2    concealed upon the person, incidental to a sale, without
3    withholding delivery of such firearm for at least 72 hours
4    after application for its purchase has been made, or
5    delivers any rifle, shotgun or other long gun, or a stun
6    gun or taser, incidental to a sale, without withholding
7    delivery of such rifle, shotgun or other long gun, or a
8    stun gun or taser for at least 24 hours after application
9    for its purchase has been made. However, this paragraph (g)
10    does not apply to: (1) the sale of a firearm to a law
11    enforcement officer if the seller of the firearm knows that
12    the person to whom he or she is selling the firearm is a
13    law enforcement officer or the sale of a firearm to a
14    person who desires to purchase a firearm for use in
15    promoting the public interest incident to his or her
16    employment as a bank guard, armed truck guard, or other
17    similar employment; (2) a mail order sale of a firearm from
18    a federally licensed firearms dealer to a nonresident of
19    Illinois under which the firearm is mailed to a federally
20    licensed firearms dealer point outside the boundaries of
21    Illinois; (3) the sale of a firearm to a nonresident of
22    Illinois while at a firearm showing or display recognized
23    by the Illinois Department of State Police; or (4) the sale
24    of a firearm to a dealer licensed as a federal firearms
25    dealer under Section 923 of the federal Gun Control Act of
26    1968 (18 U.S.C. 923); or (5) the transfer or sale of any

 

 

09900SB0836ham001- 49 -LRB099 09057 RLC 36370 a

1    rifle, shotgun, or other long gun to a resident registered
2    competitor or attendee or non-resident registered
3    competitor or attendee by any dealer licensed as a federal
4    firearms dealer under Section 923 of the federal Gun
5    Control Act of 1968 at competitive shooting events held at
6    the World Shooting Complex sanctioned by a national
7    governing body. For purposes of transfers or sales under
8    subparagraph (5) of this paragraph (g), the Department of
9    Natural Resources shall give notice to the Department of
10    State Police at least 30 calendar days prior to any
11    competitive shooting events at the World Shooting Complex
12    sanctioned by a national governing body. The notification
13    shall be made on a form prescribed by the Department of
14    State Police. The sanctioning body shall provide a list of
15    all registered competitors and attendees at least 24 hours
16    before the events to the Department of State Police. Any
17    changes to the list of registered competitors and attendees
18    shall be forwarded to the Department of State Police as
19    soon as practicable. The Department of State Police must
20    destroy the list of registered competitors and attendees no
21    later than 30 days after the date of the event. Nothing in
22    this paragraph (g) relieves a federally licensed firearm
23    dealer from the requirements of conducting a NICS
24    background check through the Illinois Point of Contact
25    under 18 U.S.C. 922(t). For purposes of this paragraph (g),
26    "application" means when the buyer and seller reach an

 

 

09900SB0836ham001- 50 -LRB099 09057 RLC 36370 a

1    agreement to purchase a firearm. For purposes of this
2    paragraph (g), "national governing body" means a group of
3    persons who adopt rules and formulate policy on behalf of a
4    national firearm sporting organization.
5        (h) While holding any license as a dealer, importer,
6    manufacturer or pawnbroker under the federal Gun Control
7    Act of 1968, manufactures, sells or delivers to any
8    unlicensed person a handgun having a barrel, slide, frame
9    or receiver which is a die casting of zinc alloy or any
10    other nonhomogeneous metal which will melt or deform at a
11    temperature of less than 800 degrees Fahrenheit. For
12    purposes of this paragraph, (1) "firearm" is defined as in
13    the Firearm Owners Identification Card Act; and (2)
14    "handgun" is defined as a firearm designed to be held and
15    fired by the use of a single hand, and includes a
16    combination of parts from which such a firearm can be
17    assembled.
18        (i) Sells or gives a firearm of any size to any person
19    under 18 years of age who does not possess a valid Firearm
20    Owner's Identification Card.
21        (j) Sells or gives a firearm while engaged in the
22    business of selling firearms at wholesale or retail without
23    being licensed as a federal firearms dealer under Section
24    923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
25    In this paragraph (j):
26        A person "engaged in the business" means a person who

 

 

09900SB0836ham001- 51 -LRB099 09057 RLC 36370 a

1    devotes time, attention, and labor to engaging in the
2    activity as a regular course of trade or business with the
3    principal objective of livelihood and profit, but does not
4    include a person who makes occasional repairs of firearms
5    or who occasionally fits special barrels, stocks, or
6    trigger mechanisms to firearms.
7        "With the principal objective of livelihood and
8    profit" means that the intent underlying the sale or
9    disposition of firearms is predominantly one of obtaining
10    livelihood and pecuniary gain, as opposed to other intents,
11    such as improving or liquidating a personal firearms
12    collection; however, proof of profit shall not be required
13    as to a person who engages in the regular and repetitive
14    purchase and disposition of firearms for criminal purposes
15    or terrorism.
16        (k) Sells or transfers ownership of a firearm to a
17    person who does not display to the seller or transferor of
18    the firearm either: (1) a currently valid Firearm Owner's
19    Identification Card that has previously been issued in the
20    transferee's name by the Department of State Police under
21    the provisions of the Firearm Owners Identification Card
22    Act; or (2) a currently valid license to carry a concealed
23    firearm that has previously been issued in the transferee's
24    name by the Department of State Police under the Firearm
25    Concealed Carry Act. This paragraph (k) does not apply to
26    the transfer of a firearm to a person who is exempt from

 

 

09900SB0836ham001- 52 -LRB099 09057 RLC 36370 a

1    the requirement of possessing a Firearm Owner's
2    Identification Card under Section 2 of the Firearm Owners
3    Identification Card Act. For the purposes of this Section,
4    a currently valid Firearm Owner's Identification Card
5    means (i) a Firearm Owner's Identification Card that has
6    not expired or (ii) an approval number issued in accordance
7    with subsection (a-10) of subsection 3 or Section 3.1 of
8    the Firearm Owners Identification Card Act shall be proof
9    that the Firearm Owner's Identification Card was valid.
10            (1) In addition to the other requirements of this
11        paragraph (k), all persons who are not federally
12        licensed firearms dealers must also have complied with
13        subsection (a-10) of Section 3 of the Firearm Owners
14        Identification Card Act by determining the validity of
15        a purchaser's Firearm Owner's Identification Card.
16            (2) All sellers or transferors who have complied
17        with the requirements of subparagraph (1) of this
18        paragraph (k) shall not be liable for damages in any
19        civil action arising from the use or misuse by the
20        transferee of the firearm transferred, except for
21        willful or wanton misconduct on the part of the seller
22        or transferor.
23        (l) Not being entitled to the possession of a firearm,
24    delivers the firearm, knowing it to have been stolen or
25    converted. It may be inferred that a person who possesses a
26    firearm with knowledge that its serial number has been

 

 

09900SB0836ham001- 53 -LRB099 09057 RLC 36370 a

1    removed or altered has knowledge that the firearm is stolen
2    or converted.
3    (B) Paragraph (h) of subsection (A) does not include
4firearms sold within 6 months after enactment of Public Act
578-355 (approved August 21, 1973, effective October 1, 1973),
6nor is any firearm legally owned or possessed by any citizen or
7purchased by any citizen within 6 months after the enactment of
8Public Act 78-355 subject to confiscation or seizure under the
9provisions of that Public Act. Nothing in Public Act 78-355
10shall be construed to prohibit the gift or trade of any firearm
11if that firearm was legally held or acquired within 6 months
12after the enactment of that Public Act.
13    (C) Sentence.
14        (1) Any person convicted of unlawful sale or delivery
15    of firearms in violation of paragraph (c), (e), (f), (g),
16    or (h) of subsection (A) commits a Class 4 felony.
17        (2) Any person convicted of unlawful sale or delivery
18    of firearms in violation of paragraph (b) or (i) of
19    subsection (A) commits a Class 3 felony.
20        (3) Any person convicted of unlawful sale or delivery
21    of firearms in violation of paragraph (a) of subsection (A)
22    commits a Class 2 felony.
23        (4) Any person convicted of unlawful sale or delivery
24    of firearms in violation of paragraph (a), (b), or (i) of
25    subsection (A) in any school, on the real property
26    comprising a school, within 1,000 feet of the real property

 

 

09900SB0836ham001- 54 -LRB099 09057 RLC 36370 a

1    comprising a school, at a school related activity, or on or
2    within 1,000 feet of any conveyance owned, leased, or
3    contracted by a school or school district to transport
4    students to or from school or a school related activity,
5    regardless of the time of day or time of year at which the
6    offense was committed, commits a Class 1 felony. Any person
7    convicted of a second or subsequent violation of unlawful
8    sale or delivery of firearms in violation of paragraph (a),
9    (b), or (i) of subsection (A) in any school, on the real
10    property comprising a school, within 1,000 feet of the real
11    property comprising a school, at a school related activity,
12    or on or within 1,000 feet of any conveyance owned, leased,
13    or contracted by a school or school district to transport
14    students to or from school or a school related activity,
15    regardless of the time of day or time of year at which the
16    offense was committed, commits a Class 1 felony for which
17    the sentence shall be a term of imprisonment of no less
18    than 5 years and no more than 15 years.
19        (5) Any person convicted of unlawful sale or delivery
20    of firearms in violation of paragraph (a) or (i) of
21    subsection (A) in residential property owned, operated, or
22    managed by a public housing agency or leased by a public
23    housing agency as part of a scattered site or mixed-income
24    development, in a public park, in a courthouse, on
25    residential property owned, operated, or managed by a
26    public housing agency or leased by a public housing agency

 

 

09900SB0836ham001- 55 -LRB099 09057 RLC 36370 a

1    as part of a scattered site or mixed-income development, on
2    the real property comprising any public park, on the real
3    property comprising any courthouse, or on any public way
4    within 1,000 feet of the real property comprising any
5    public park, courthouse, or residential property owned,
6    operated, or managed by a public housing agency or leased
7    by a public housing agency as part of a scattered site or
8    mixed-income development commits a Class 2 felony.
9        (6) Any person convicted of unlawful sale or delivery
10    of firearms in violation of paragraph (j) of subsection (A)
11    commits a Class A misdemeanor. A second or subsequent
12    violation is a Class 4 felony.
13        (7) Any person convicted of unlawful sale or delivery
14    of firearms in violation of paragraph (k) of subsection (A)
15    commits a Class 4 felony, except that a violation of
16    subparagraph (1) of paragraph (k) of subsection (A) shall
17    not be punishable as a crime or petty offense. A third or
18    subsequent conviction for a violation of paragraph (k) of
19    subsection (A) is a Class 1 felony.
20        (8) A person 18 years of age or older convicted of
21    unlawful sale or delivery of firearms in violation of
22    paragraph (a) or (i) of subsection (A), when the firearm
23    that was sold or given to another person under 18 years of
24    age was used in the commission of or attempt to commit a
25    forcible felony, shall be fined or imprisoned, or both, not
26    to exceed the maximum provided for the most serious

 

 

09900SB0836ham001- 56 -LRB099 09057 RLC 36370 a

1    forcible felony so committed or attempted by the person
2    under 18 years of age who was sold or given the firearm.
3        (9) Any person convicted of unlawful sale or delivery
4    of firearms in violation of paragraph (d) of subsection (A)
5    commits a Class 3 felony.
6        (10) Any person convicted of unlawful sale or delivery
7    of firearms in violation of paragraph (l) of subsection (A)
8    commits a Class 2 felony if the delivery is of one firearm.
9    Any person convicted of unlawful sale or delivery of
10    firearms in violation of paragraph (l) of subsection (A)
11    commits a Class 1 felony if the delivery is of not less
12    than 2 and not more than 5 firearms at the same time or
13    within a one year period. Any person convicted of unlawful
14    sale or delivery of firearms in violation of paragraph (l)
15    of subsection (A) commits a Class X felony for which he or
16    she shall be sentenced to a term of imprisonment of not
17    less than 6 years and not more than 30 years if the
18    delivery is of not less than 6 and not more than 10
19    firearms at the same time or within a 2 year period. Any
20    person convicted of unlawful sale or delivery of firearms
21    in violation of paragraph (l) of subsection (A) commits a
22    Class X felony for which he or she shall be sentenced to a
23    term of imprisonment of not less than 6 years and not more
24    than 40 years if the delivery is of not less than 11 and
25    not more than 20 firearms at the same time or within a 3
26    year period. Any person convicted of unlawful sale or

 

 

09900SB0836ham001- 57 -LRB099 09057 RLC 36370 a

1    delivery of firearms in violation of paragraph (l) of
2    subsection (A) commits a Class X felony for which he or she
3    shall be sentenced to a term of imprisonment of not less
4    than 6 years and not more than 50 years if the delivery is
5    of not less than 21 and not more than 30 firearms at the
6    same time or within a 4 year period. Any person convicted
7    of unlawful sale or delivery of firearms in violation of
8    paragraph (l) of subsection (A) commits a Class X felony
9    for which he or she shall be sentenced to a term of
10    imprisonment of not less than 6 years and not more than 60
11    years if the delivery is of 31 or more firearms at the same
12    time or within a 5 year period.
13    (D) For purposes of this Section:
14    "School" means a public or private elementary or secondary
15school, community college, college, or university.
16    "School related activity" means any sporting, social,
17academic, or other activity for which students' attendance or
18participation is sponsored, organized, or funded in whole or in
19part by a school or school district.
20    (E) A prosecution for a violation of paragraph (k) of
21subsection (A) of this Section may be commenced within 6 years
22after the commission of the offense. A prosecution for a
23violation of this Section other than paragraph (g) of
24subsection (A) of this Section may be commenced within 5 years
25after the commission of the offense defined in the particular
26paragraph.

 

 

09900SB0836ham001- 58 -LRB099 09057 RLC 36370 a

1(Source: P.A. 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813,
2eff. 7-13-12; 97-1167, eff. 6-1-13; 98-508, eff. 8-19-13.)
 
3    Section 25. The Mental Health and Developmental
4Disabilities Confidentiality Act is amended by changing
5Section 12 as follows:
 
6    (740 ILCS 110/12)  (from Ch. 91 1/2, par. 812)
7    Sec. 12. (a) If the United States Secret Service or the
8Department of State Police requests information from a mental
9health or developmental disability facility, as defined in
10Section 1-107 and 1-114 of the Mental Health and Developmental
11Disabilities Code, relating to a specific recipient and the
12facility director determines that disclosure of such
13information may be necessary to protect the life of, or to
14prevent the infliction of great bodily harm to, a public
15official, or a person under the protection of the United States
16Secret Service, only the following information may be
17disclosed: the recipient's name, address, and age and the date
18of any admission to or discharge from a facility; and any
19information which would indicate whether or not the recipient
20has a history of violence or presents a danger of violence to
21the person under protection. Any information so disclosed shall
22be used for investigative purposes only and shall not be
23publicly disseminated. Any person participating in good faith
24in the disclosure of such information in accordance with this

 

 

09900SB0836ham001- 59 -LRB099 09057 RLC 36370 a

1provision shall have immunity from any liability, civil,
2criminal or otherwise, if such information is disclosed relying
3upon the representation of an officer of the United States
4Secret Service or the Department of State Police that a person
5is under the protection of the United States Secret Service or
6is a public official.
7    For the purpose of this subsection (a), the term "public
8official" means the Governor, Lieutenant Governor, Attorney
9General, Secretary of State, State Comptroller, State
10Treasurer, member of the General Assembly, member of the United
11States Congress, Judge of the United States as defined in 28
12U.S.C. 451, Justice of the United States as defined in 28
13U.S.C. 451, United States Magistrate Judge as defined in 28
14U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
15Supreme, Appellate, Circuit, or Associate Judge of the State of
16Illinois. The term shall also include the spouse, child or
17children of a public official.
18    (b) The Department of Human Services (acting as successor
19to the Department of Mental Health and Developmental
20Disabilities) and all public or private hospitals and mental
21health facilities are required, as hereafter described in this
22subsection, to furnish the Department of State Police only such
23information as may be required for the sole purpose of
24determining whether an individual who may be or may have been a
25patient is disqualified because of that status from receiving
26or retaining a Firearm Owner's Identification Card or falls

 

 

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1within the federal prohibitors under subsection (e), (f), (g),
2(r), (s), or (t) of Section 8 of the Firearm Owners
3Identification Card Act, or falls within the federal
4prohibitors in 18 U.S.C. 922(g) and (n). All physicians,
5clinical psychologists, or qualified examiners at public or
6private mental health facilities or parts thereof as defined in
7this subsection shall, in the form and manner required by the
8Department, provide notice directly to the Department of Human
9Services, or to his or her employer who shall then report to
10the Department, within 24 hours after determining that a person
11patient as described in clause (2) of the definition of
12"patient" in Section 1.1 of the Firearm Owners Identification
13Card Act poses a clear and present danger to himself, herself,
14or others, or within 7 days after a person 14 years or older is
15determined to be developmentally disabled by a physician,
16clinical psychologist, or qualified examiner as described in
17Section 1.1 of the Firearm Owners Identification Card Act. If a
18person is a patient as described in clause (1) of the
19definition of "patient" in Section 1.1 of the Firearm Owners
20Identification Card Act, this This information shall be
21furnished within 24 hours after the physician, clinical
22psychologist, or qualified examiner has made a determination,
23or within 7 days after admission to a public or private
24hospital or mental health facility or the provision of services
25to a patient described in clause (1) of the definition of
26"patient" in Section 1.1 of the Firearm Owners Identification

 

 

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

 

 

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

 

 

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1    Card Act.
2        (2) "Patient" has the meaning as defined in Section 1.1
3    of the Firearm Owners Identification Card Act.
4        (3) "Mental health facility" has the meaning as defined
5    in Section 1.1 of the Firearm Owners Identification Card
6    Act.
7    (c) Upon the request of a peace officer who takes a person
8into custody and transports such person to a mental health or
9developmental disability facility pursuant to Section 3-606 or
104-404 of the Mental Health and Developmental Disabilities Code
11or who transports a person from such facility, a facility
12director shall furnish said peace officer the name, address,
13age and name of the nearest relative of the person transported
14to or from the mental health or developmental disability
15facility. In no case shall the facility director disclose to
16the peace officer any information relating to the diagnosis,
17treatment or evaluation of the person's mental or physical
18health.
19    For the purposes of this subsection (c), the terms "mental
20health or developmental disability facility", "peace officer"
21and "facility director" shall have the meanings ascribed to
22them in the Mental Health and Developmental Disabilities Code.
23    (d) Upon the request of a peace officer or prosecuting
24authority who is conducting a bona fide investigation of a
25criminal offense, or attempting to apprehend a fugitive from
26justice, a facility director may disclose whether a person is

 

 

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1present at the facility. Upon request of a peace officer or
2prosecuting authority who has a valid forcible felony warrant
3issued, a facility director shall disclose: (1) whether the
4person who is the subject of the warrant is present at the
5facility and (2) the date of that person's discharge or future
6discharge from the facility. The requesting peace officer or
7prosecuting authority must furnish a case number and the
8purpose of the investigation or an outstanding arrest warrant
9at the time of the request. Any person, institution, or agency
10participating in good faith in disclosing such information in
11accordance with this subsection (d) is immune from any
12liability, civil, criminal or otherwise, that might result by
13reason of the action.
14(Source: P.A. 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".