Sen. Dale A. Righter

Filed: 5/26/2017





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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 or de novo and 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. The objection shall be made by the
14chief law enforcement officer of the law enforcement agency, or
15his or her designee, and must include any information relevant
16to the objection. Objections previously filed against an
17applicant shall not be considered as a basis for an objection
18for renewal of a concealed carry license unless another
19incident has occurred since the license applicant's last review
20by the Board. A law enforcement agency that submits an
21objection to a license applicant to the Department may withdraw
22the objection before it is submitted to the Board. If a law
23enforcement agency submits an objection within 30 days after
24the entry of an applicant into the database, the Department
25shall submit the objection, unless withdrawn or rejected as



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1provided for in this Section, and all information available to
2the Board under State and federal law related to the
3application to the Board within 10 days of completing all
4necessary background checks and any verification performed by
5the Department. The Department may review and verify a law
6enforcement agency objection to a license applicant before the
7Department's submission of the objection to the Board. Any
8verification shall determine: (i) if the requirements under
9this Act for the submission of an objection by a law
10enforcement agency has been met, (ii) that the objection has
11been filed against the proper person, and (iii) that
12information relevant to the objection has been included. A law
13enforcement agency objection that fails this verification
14shall be returned to the objecting law enforcement agency and
15the law enforcement agency shall have 30 calendar days after
16receiving notification from the Department to submit the
17required information, provide the Department a response, or
18withdraw the objection. If the objecting law enforcement agency
19fails to respond within 30 calendar days, the Department shall
20reject the objection and process the application.
21    (b) If an applicant has 5 or more arrests for any reason,
22that have been entered into the Criminal History Records
23Information (CHRI) System, within the 7 years preceding the
24date of application for a license, or has 3 or more arrests
25within the 7 years preceding the date of application for a
26license for any combination of gang-related offenses, the



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1Department shall object and submit the applicant's arrest
2record to the extent the Board is allowed to receive that
3information under State and federal law, the application
4materials, and any additional information submitted by a law
5enforcement agency to the Board. For purposes of this
6subsection, "gang-related offense" is an offense described in
7Section 12-6.4, Section 24-1.8, Section 25-5, Section 33-4, or
8Section 33G-4, or in paragraph (1) of subsection (a) of Section
912-6.2, paragraph (2) of subsection (b) of Section 16-30,
10paragraph (2) of subsection (b) of Section 31-4, or item (iii)
11of paragraph (1.5) of subsection (i) of Section 48-1 of the
12Criminal Code of 2012.
13    (c) The referral of an objection under this Section to the
14Board shall toll the 90-day period for the Department to issue
15or deny the applicant a license under subsection (e) of Section
1610 of this Act, during the period of review and until the Board
17issues its decision.
18    (c-5) If a law enforcement agency submits an erroneous
19objection or decides to withdraw an objection, the law
20enforcement agency shall notify the Department immediately and
21the objection shall be considered null and void. The Department
22shall notify the Board that the objection has been rescinded
23and the application shall be returned to the Department for
24completion of the application process.
25    (d) If no objection is made by a law enforcement agency or
26the Department under this Section, the Department shall process



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



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



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1    (d) The Board shall adopt rules for the review of
2objections and the conduct of hearings, including minimum
3standards for information required to file with an objection.
4The Board shall maintain a record of its decisions and all
5materials considered in making its decisions. All Board
6decisions and voting records shall be kept confidential and all
7materials considered by the Board shall be exempt from
8inspection except upon order of a court.
9    (d-5) Immediately upon the receipt from the Department of
10notice of an objection, the Board shall notify the applicant of
11the referral of the application to the Board and that the
1290-day period for the Department to issue or deny a license has
13been tolled. The notification of referral shall include the
14identity of the law enforcement agency submitting the objection
15and any detailed narrative upon which the objection is based.
16The Department may, however, exclude or redact information that
17may be confidential or which may impair or compromise an
18ongoing investigation. Notification to the applicant shall be
19by mail and the applicant's online application page. The
20notification of the referral shall inform the applicant of his
21or her right to submit a written statement to the Board on his
22or her behalf. The applicant's statement may include any
23documents that the applicant believes will clarify or
24substantiate the applicant's statement. This statement may be
25submitted by mail, email, or the applicant's online application
26page. The applicant shall have 45 days from the date the



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1notification of the referral to the Board is sent to submit a
2statement. However, the applicant need not respond within 45
3days if the applicant notifies the Board that an additional 45
4days are needed to respond. An applicant shall have a maximum
5of 90 days in which to respond. If an applicant fails to
6respond within the 90-day period, the applicant shall be deemed
7to have waived his or her right to respond.
8    (e) In considering an objection of a law enforcement agency
9or the Department, the Board shall review the materials
10received with the objection from the law enforcement agency or
11the Department. By a vote of at least 4 commissioners, the
12Board may request additional information from the law
13enforcement agency, Department, or the applicant, or the
14testimony of the law enforcement agency, Department, or the
15applicant. The Board may require that the applicant submit
16electronic fingerprints to the Department for an updated
17background check where the Board determines it lacks sufficient
18information to determine eligibility. The Board may only
19consider information submitted by the Department, a law
20enforcement agency, or the applicant. The Board shall review
21each objection and determine by a majority of commissioners
22whether an applicant is eligible for a license.
23    (f) The Board shall issue a decision within 30 days of
24receipt of the objection from the Department. However, the
25Board need not issue a decision within 30 days if:
26        (1) the Board requests information from the applicant,



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



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



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



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1    (b) All final administrative decisions of the Department or
2the Concealed Carry Licensing Review Board under this Act shall
3be subject to judicial review under the provisions of the
4Administrative Review Law, unless the denial by the Board was
5based on the mental condition or possible intellectual
6disability of the applicant, in which case an appeal of the
7denial shall be subject to de novo judicial review by the
8circuit court. In this case, a party may offer evidence that is
9otherwise proper and admissible without regard to whether that
10evidence is a part of the administrative record. The term
11"administrative decision" is defined as in Section 3-101 of the
12Code of Civil Procedure.
13(Source: P.A. 98-63, eff. 7-9-13.)".