Sen. Dale A. Righter

Filed: 4/25/2017





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2    AMENDMENT NO. ______. Amend Senate Bill 1038 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Firearm Concealed Carry Act is amended by
5changing Sections 10, 15, 20, 55, and 87 as follows:
6    (430 ILCS 66/10)
7    Sec. 10. Issuance of licenses to carry a concealed firearm.
8    (a) The Department shall issue a license to carry a
9concealed firearm under this Act to an applicant who:
10        (1) meets the qualifications of Section 25 of this Act;
11        (2) has provided the application and documentation
12    required in Section 30 of this Act;
13        (3) has submitted the requisite fees; and
14        (4) does not pose a danger to himself, herself, or
15    others, or a threat to public safety as determined by the
16    Concealed Carry Licensing Review Board in accordance with



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



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



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1paragraph (2) of subsection (e) of Section 40 of this Act that
2he or she is a non-resident qualified to carry under that
3subsection. The disclosure requirement under this subsection
4(h) is satisfied if the licensee presents his or her license to
5the officer or the non-resident presents to the officer
6evidence under paragraph (2) of subsection (e) of Section 40 of
7this Act that he or she is qualified to carry under that
8subsection. Upon the request of the officer, the licensee or
9non-resident shall also identify the location of the concealed
10firearm and permit the officer to safely secure the firearm for
11the duration of the investigative stop. During a traffic stop,
12any passenger within the vehicle who is a licensee or a
13non-resident carrying under subsection (e) of Section 40 of
14this Act must comply with the requirements of this subsection
16    (h-1) If a licensee carrying a firearm or a non-resident
17carrying a firearm in a vehicle under subsection (e) of Section
1840 of this Act is contacted by a law enforcement officer or
19emergency services personnel, the law enforcement officer or
20emergency services personnel may secure the firearm or direct
21that it be secured during the duration of the contact if the
22law enforcement officer or emergency services personnel
23determines that it is necessary for the safety of any person
24present, including the law enforcement officer or emergency
25services personnel. The licensee or nonresident shall submit to
26the order to secure the firearm. When the law enforcement



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



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1    (j) No later than 10 days after receipt of a completed
2application, the Department shall enter the relevant
3information about the applicant into the database under
4subsection (i) of this Section which is accessible by law
5enforcement agencies.
6(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29,
7eff. 7-10-15.)
8    (430 ILCS 66/15)
9    Sec. 15. Objections by law enforcement agencies.
10    (a) Any law enforcement agency may submit an objection to a
11license applicant based upon a reasonable suspicion that the
12applicant is a danger to himself or herself or others, or a
13threat to public safety. A law enforcement agency objection to
14a license applicant based upon information in an arrest or
15incident report shall be based on information from an
16investigation of the objecting law enforcement agency and not
17an investigation from another law enforcement agency. Nothing
18in this Act shall prohibit a law enforcement agency from
19contacting the investigating law enforcement agency regarding
20a license applicant. The objection shall be made by the chief
21law enforcement officer of the law enforcement agency, or his
22or her designee, and must include any information relevant to
23the objection. A law enforcement agency that submits an
24objection to a license applicant may withdraw an objection
25before it is submitted to the Board. If a law enforcement



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1agency submits an objection within 30 days after the entry of
2an applicant into the database, the Department shall submit the
3objection, unless withdrawn or rejected as provided for in this
4Section, and all information available to the Board under State
5and federal law related to the application to the Board within
610 days of completing all necessary background checks and any
7verification performed by the Department. The Department may
8review and verify a law enforcement agency objection to a
9license applicant before the Department's submission of the
10objection to the Board. Any verification shall determine: (i)
11if the criteria under this Act for the submission of an
12objection by a law enforcement agency has been met, (ii) that
13the objection has been filed against the proper person, and
14(iii) that information relevant to the objection has been
15included. A law enforcement agency objection that fails this
16verification shall be returned to the objecting law enforcement
17agency and the law enforcement agency shall have 10 calendar
18days after receiving notification from the Department to submit
19the required information, provide the Department a response, or
20withdraw the objection. If the objecting law enforcement agency
21fails to respond within 10 calendar days, the Department shall
22reject the objection and process the application.
23    (b) If an applicant has 5 or more arrests for any reason,
24that have been entered into the Criminal History Records
25Information (CHRI) System, within the 7 years preceding the
26date of application for a license, or has 3 or more arrests



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1within the 7 years preceding the date of application for a
2license for any combination of gang-related offenses, the
3Department shall object and submit the applicant's arrest
4record to the extent the Board is allowed to receive that
5information under State and federal law, the application
6materials, and any additional information submitted by a law
7enforcement agency to the Board. For purposes of this
8subsection, "gang-related offense" is an offense described in
9Section 12-6.4, Section 24-1.8, Section 25-5, Section 33-4, or
10Section 33G-4, or in paragraph (1) of subsection (a) of Section
1112-6.2, paragraph (2) of subsection (b) of Section 16-30,
12paragraph (2) of subsection (b) of Section 31-4, or item (iii)
13of paragraph (1.5) of subsection (i) of Section 48-1 of the
14Criminal Code of 2012.
15    (c) The referral of an objection under this Section to the
16Board shall toll the 90-day period for the Department to issue
17or deny the applicant a license under subsection (e) of Section
1810 of this Act, during the period of review and until the Board
19issues its decision.
20    (c-5) If a law enforcement agency submits an erroneous
21objection, the law enforcement agency shall notify the
22Department immediately of the error and the objection shall be
23considered null and void. The Department shall notify the Board
24that the objection has been rescinded and the application shall
25be returned to the Department for completion of the application



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1    (d) If no objection is made by a law enforcement agency or
2the Department under this Section, the Department shall process
3the application in accordance with this Act.
4(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
5    (430 ILCS 66/20)
6    Sec. 20. Concealed Carry Licensing Review Board.
7    (a) There is hereby created within the Department of State
8Police a Concealed Carry Licensing Review Board to consider any
9objection to an applicant's eligibility to obtain a license
10under this Act submitted by a law enforcement agency or the
11Department under Section 15 of this Act. The Board shall
12consist of 7 commissioners to be appointed by the Governor,
13with the advice and consent of the Senate, with 3 commissioners
14residing within the First Judicial District and one
15commissioner residing within each of the 4 remaining Judicial
16Districts. No more than 4 commissioners shall be members of the
17same political party. The Governor shall designate one
18commissioner as the Chairperson. The Board shall consist of:
19        (1) one commissioner with at least 5 years of service
20    as a federal judge;
21        (2) 2 commissioners with at least 5 years of experience
22    serving as an attorney with the United States Department of
23    Justice;
24        (3) 3 commissioners with at least 5 years of experience
25    as a federal agent or employee with investigative



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



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1shall be deemed present for purposes of establishing a quorum
2and voting.
3    (d) The Board shall adopt rules for the review of
4objections and the conduct of hearings. The Board shall
5maintain a record of its decisions and all materials considered
6in making its decisions. All Board decisions and voting records
7shall be kept confidential and all materials considered by the
8Board shall be exempt from inspection except upon order of a
10    (d-5) Immediately upon the receipt from the Department of
11notice of an objection, the Board shall notify the applicant of
12the referral of the application to the Board and that the
1390-day period for the Department to issue or deny a license has
14been tolled. The notification of referral shall include the
15identity of the law enforcement agency submitting the objection
16and the specific incident or incidents upon which the objection
17is based. Notification to the applicant shall be by mail and
18the applicant's online application page. The notification of
19the referral shall inform the applicant of his or her right to
20submit a written statement to the Board on his or her behalf.
21The applicant's statement may include any documents that the
22applicant believes will clarify or substantiate the
23applicant's statement. This statement may be submitted by mail,
24email, or the applicant's online application page. The
25applicant shall have 30 days from the notification of the
26referral to the Board to submit a statement. However, the



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1applicant need not respond within 30 days if the applicant
2notifies the Board that an additional 30 days are needed to
3respond. An applicant shall have a maximum of 90 days in which
4to respond.
5    (e) In considering an objection of a law enforcement agency
6or the Department, the Board shall review the materials
7received with the objection from the law enforcement agency or
8the Department. By a vote of at least 4 commissioners, the
9Board may request additional information from the law
10enforcement agency, Department, or the applicant, or the
11testimony of the law enforcement agency, Department, or the
12applicant. The Board may require that the applicant submit
13electronic fingerprints to the Department for an updated
14background check where the Board determines it lacks sufficient
15information to determine eligibility. The Board may only
16consider information submitted by the Department, a law
17enforcement agency, or the applicant. The Board shall review
18each objection and determine by a majority of commissioners
19whether an applicant is eligible for a license.
20    (f) The Board shall issue a decision within 30 days of
21receipt of the objection from the Department. However, the
22Board need not issue a decision within 30 days if:
23        (1) the Board requests information from the applicant,
24    including but not limited to electronic fingerprints to be
25    submitted to the Department, in accordance with subsection
26    (e) of this Section, in which case the Board shall make a



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



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1Department objections under Section 15 of this Act. The report
2shall not contain any identifying information about the
4(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
5    (430 ILCS 66/55)
6    Sec. 55. Change of address or name; lost, destroyed, or
7stolen licenses.
8    (a) A licensee shall notify the Department within 30 days
9of moving or changing residence or any change of name. The
10licensee shall submit the requisite fee and the Department may
11require a notarized statement that the licensee has changed his
12or her residence or his or her name, including the prior and
13current address or name and the date the applicant moved or
14changed his or her name.
15    (b) A licensee shall notify the Department within 10 days
16of discovering that a license has been lost, destroyed, or
17stolen. A lost, destroyed, or stolen license is invalid. To
18request a replacement license, the licensee shall submit:
19        (1) a notarized statement that the licensee no longer
20    possesses the license, and that it was lost, destroyed, or
21    stolen;
22        (2) if applicable, a copy of a police report stating
23    that the license was stolen; and
24        (3) the requisite fee.
25    (b-5) The Department shall have 30 days to issue a



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1replacement license.
2    (c) A violation of this Section is a petty offense with a
3fine of $150 which shall be deposited into the Mental Health
4Reporting Fund.
5(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
6    (430 ILCS 66/87)
7    Sec. 87. Administrative and judicial review.
8    (a) Whenever an application for a concealed carry license
9is denied, whenever the Department fails to act on an
10application within 90 days of its receipt, or whenever a
11license is revoked or suspended as provided in this Act, the
12aggrieved party may appeal to the Director for a hearing upon
13the denial, revocation, suspension, or failure to act on the
14application, unless the denial was made by the Concealed Carry
15Licensing Review Board, in which case the aggrieved party may
16petition the circuit court in writing in the county of his or
17her residence for a hearing upon the denial. The Director shall
18have 45 days after the submission of an applicant's request for
19a hearing to hold the hearing and 15 days after the hearing to
20make a final administrative decision.
21    (b) All final administrative decisions of the Department or
22the Concealed Carry Licensing Review Board under this Act shall
23be subject to de novo judicial review by the circuit court
24under the provisions of the Administrative Review Law. Any
25party may offer evidence that is otherwise proper and



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1admissible without regard to whether that evidence is a part of
2the administrative record. The term "administrative decision"
3is defined as in Section 3-101 of the Code of Civil Procedure.
4(Source: P.A. 98-63, eff. 7-9-13.)".