HB0562 EnrolledLRB102 02734 SPS 12886 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 3. The Open Meetings Act is amended by changing
5Section 2 as follows:
 
6    (5 ILCS 120/2)  (from Ch. 102, par. 42)
7    (Text of Section before amendment by P.A. 101-652)
8    Sec. 2. Open meetings.
9    (a) Openness required. All meetings of public bodies shall
10be open to the public unless excepted in subsection (c) and
11closed in accordance with Section 2a.
12    (b) Construction of exceptions. The exceptions contained
13in subsection (c) are in derogation of the requirement that
14public bodies meet in the open, and therefore, the exceptions
15are to be strictly construed, extending only to subjects
16clearly within their scope. The exceptions authorize but do
17not require the holding of a closed meeting to discuss a
18subject included within an enumerated exception.
19    (c) Exceptions. A public body may hold closed meetings to
20consider the following subjects:
21        (1) The appointment, employment, compensation,
22    discipline, performance, or dismissal of specific
23    employees, specific individuals who serve as independent

 

 

HB0562 Enrolled- 2 -LRB102 02734 SPS 12886 b

1    contractors in a park, recreational, or educational
2    setting, or specific volunteers of the public body or
3    legal counsel for the public body, including hearing
4    testimony on a complaint lodged against an employee, a
5    specific individual who serves as an independent
6    contractor in a park, recreational, or educational
7    setting, or a volunteer of the public body or against
8    legal counsel for the public body to determine its
9    validity. However, a meeting to consider an increase in
10    compensation to a specific employee of a public body that
11    is subject to the Local Government Wage Increase
12    Transparency Act may not be closed and shall be open to the
13    public and posted and held in accordance with this Act.
14        (2) Collective negotiating matters between the public
15    body and its employees or their representatives, or
16    deliberations concerning salary schedules for one or more
17    classes of employees.
18        (3) The selection of a person to fill a public office,
19    as defined in this Act, including a vacancy in a public
20    office, when the public body is given power to appoint
21    under law or ordinance, or the discipline, performance or
22    removal of the occupant of a public office, when the
23    public body is given power to remove the occupant under
24    law or ordinance.
25        (4) Evidence or testimony presented in open hearing,
26    or in closed hearing where specifically authorized by law,

 

 

HB0562 Enrolled- 3 -LRB102 02734 SPS 12886 b

1    to a quasi-adjudicative body, as defined in this Act,
2    provided that the body prepares and makes available for
3    public inspection a written decision setting forth its
4    determinative reasoning.
5        (5) The purchase or lease of real property for the use
6    of the public body, including meetings held for the
7    purpose of discussing whether a particular parcel should
8    be acquired.
9        (6) The setting of a price for sale or lease of
10    property owned by the public body.
11        (7) The sale or purchase of securities, investments,
12    or investment contracts. This exception shall not apply to
13    the investment of assets or income of funds deposited into
14    the Illinois Prepaid Tuition Trust Fund.
15        (8) Security procedures, school building safety and
16    security, and the use of personnel and equipment to
17    respond to an actual, a threatened, or a reasonably
18    potential danger to the safety of employees, students,
19    staff, the public, or public property.
20        (9) Student disciplinary cases.
21        (10) The placement of individual students in special
22    education programs and other matters relating to
23    individual students.
24        (11) Litigation, when an action against, affecting or
25    on behalf of the particular public body has been filed and
26    is pending before a court or administrative tribunal, or

 

 

HB0562 Enrolled- 4 -LRB102 02734 SPS 12886 b

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

 

 

HB0562 Enrolled- 5 -LRB102 02734 SPS 12886 b

1    advisory body's field of competence.
2        (16) Self evaluation, practices and procedures or
3    professional ethics, when meeting with a representative of
4    a statewide association of which the public body is a
5    member.
6        (17) The recruitment, credentialing, discipline or
7    formal peer review of physicians or other health care
8    professionals, or for the discussion of matters protected
9    under the federal Patient Safety and Quality Improvement
10    Act of 2005, and the regulations promulgated thereunder,
11    including 42 C.F.R. Part 3 (73 FR 70732), or the federal
12    Health Insurance Portability and Accountability Act of
13    1996, and the regulations promulgated thereunder,
14    including 45 C.F.R. Parts 160, 162, and 164, by a
15    hospital, or other institution providing medical care,
16    that is operated by the public body.
17        (18) Deliberations for decisions of the Prisoner
18    Review Board.
19        (19) Review or discussion of applications received
20    under the Experimental Organ Transplantation Procedures
21    Act.
22        (20) The classification and discussion of matters
23    classified as confidential or continued confidential by
24    the State Government Suggestion Award Board.
25        (21) Discussion of minutes of meetings lawfully closed
26    under this Act, whether for purposes of approval by the

 

 

HB0562 Enrolled- 6 -LRB102 02734 SPS 12886 b

1    body of the minutes or semi-annual review of the minutes
2    as mandated by Section 2.06.
3        (22) Deliberations for decisions of the State
4    Emergency Medical Services Disciplinary Review Board.
5        (23) The operation by a municipality of a municipal
6    utility or the operation of a municipal power agency or
7    municipal natural gas agency when the discussion involves
8    (i) contracts relating to the purchase, sale, or delivery
9    of electricity or natural gas or (ii) the results or
10    conclusions of load forecast studies.
11        (24) Meetings of a residential health care facility
12    resident sexual assault and death review team or the
13    Executive Council under the Abuse Prevention Review Team
14    Act.
15        (25) Meetings of an independent team of experts under
16    Brian's Law.
17        (26) Meetings of a mortality review team appointed
18    under the Department of Juvenile Justice Mortality Review
19    Team Act.
20        (27) (Blank).
21        (28) Correspondence and records (i) that may not be
22    disclosed under Section 11-9 of the Illinois Public Aid
23    Code or (ii) that pertain to appeals under Section 11-8 of
24    the Illinois Public Aid Code.
25        (29) Meetings between internal or external auditors
26    and governmental audit committees, finance committees, and

 

 

HB0562 Enrolled- 7 -LRB102 02734 SPS 12886 b

1    their equivalents, when the discussion involves internal
2    control weaknesses, identification of potential fraud risk
3    areas, known or suspected frauds, and fraud interviews
4    conducted in accordance with generally accepted auditing
5    standards of the United States of America.
6        (30) Those meetings or portions of meetings of a
7    fatality review team or the Illinois Fatality Review Team
8    Advisory Council during which a review of the death of an
9    eligible adult in which abuse or neglect is suspected,
10    alleged, or substantiated is conducted pursuant to Section
11    15 of the Adult Protective Services Act.
12        (31) Meetings and deliberations for decisions of the
13    Concealed Carry Licensing Review Board under the Firearm
14    Concealed Carry Act.
15        (32) Meetings between the Regional Transportation
16    Authority Board and its Service Boards when the discussion
17    involves review by the Regional Transportation Authority
18    Board of employment contracts under Section 28d of the
19    Metropolitan Transit Authority Act and Sections 3A.18 and
20    3B.26 of the Regional Transportation Authority Act.
21        (33) Those meetings or portions of meetings of the
22    advisory committee and peer review subcommittee created
23    under Section 320 of the Illinois Controlled Substances
24    Act during which specific controlled substance prescriber,
25    dispenser, or patient information is discussed.
26        (34) Meetings of the Tax Increment Financing Reform

 

 

HB0562 Enrolled- 8 -LRB102 02734 SPS 12886 b

1    Task Force under Section 2505-800 of the Department of
2    Revenue Law of the Civil Administrative Code of Illinois.
3        (35) Meetings of the group established to discuss
4    Medicaid capitation rates under Section 5-30.8 of the
5    Illinois Public Aid Code.
6        (36) Those deliberations or portions of deliberations
7    for decisions of the Illinois Gaming Board in which there
8    is discussed any of the following: (i) personal,
9    commercial, financial, or other information obtained from
10    any source that is privileged, proprietary, confidential,
11    or a trade secret; or (ii) information specifically
12    exempted from the disclosure by federal or State law.
13    (d) Definitions. For purposes of this Section:
14    "Employee" means a person employed by a public body whose
15relationship with the public body constitutes an
16employer-employee relationship under the usual common law
17rules, and who is not an independent contractor.
18    "Public office" means a position created by or under the
19Constitution or laws of this State, the occupant of which is
20charged with the exercise of some portion of the sovereign
21power of this State. The term "public office" shall include
22members of the public body, but it shall not include
23organizational positions filled by members thereof, whether
24established by law or by a public body itself, that exist to
25assist the body in the conduct of its business.
26    "Quasi-adjudicative body" means an administrative body

 

 

HB0562 Enrolled- 9 -LRB102 02734 SPS 12886 b

1charged by law or ordinance with the responsibility to conduct
2hearings, receive evidence or testimony and make
3determinations based thereon, but does not include local
4electoral boards when such bodies are considering petition
5challenges.
6    (e) Final action. No final action may be taken at a closed
7meeting. Final action shall be preceded by a public recital of
8the nature of the matter being considered and other
9information that will inform the public of the business being
10conducted.
11(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17;
12100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff.
138-23-19; revised 9-27-19.)
 
14    (Text of Section after amendment by P.A. 101-652)
15    Sec. 2. Open meetings.
16    (a) Openness required. All meetings of public bodies shall
17be open to the public unless excepted in subsection (c) and
18closed in accordance with Section 2a.
19    (b) Construction of exceptions. The exceptions contained
20in subsection (c) are in derogation of the requirement that
21public bodies meet in the open, and therefore, the exceptions
22are to be strictly construed, extending only to subjects
23clearly within their scope. The exceptions authorize but do
24not require the holding of a closed meeting to discuss a
25subject included within an enumerated exception.

 

 

HB0562 Enrolled- 10 -LRB102 02734 SPS 12886 b

1    (c) Exceptions. A public body may hold closed meetings to
2consider the following subjects:
3        (1) The appointment, employment, compensation,
4    discipline, performance, or dismissal of specific
5    employees, specific individuals who serve as independent
6    contractors in a park, recreational, or educational
7    setting, or specific volunteers of the public body or
8    legal counsel for the public body, including hearing
9    testimony on a complaint lodged against an employee, a
10    specific individual who serves as an independent
11    contractor in a park, recreational, or educational
12    setting, or a volunteer of the public body or against
13    legal counsel for the public body to determine its
14    validity. However, a meeting to consider an increase in
15    compensation to a specific employee of a public body that
16    is subject to the Local Government Wage Increase
17    Transparency Act may not be closed and shall be open to the
18    public and posted and held in accordance with this Act.
19        (2) Collective negotiating matters between the public
20    body and its employees or their representatives, or
21    deliberations concerning salary schedules for one or more
22    classes of employees.
23        (3) The selection of a person to fill a public office,
24    as defined in this Act, including a vacancy in a public
25    office, when the public body is given power to appoint
26    under law or ordinance, or the discipline, performance or

 

 

HB0562 Enrolled- 11 -LRB102 02734 SPS 12886 b

1    removal of the occupant of a public office, when the
2    public body is given power to remove the occupant under
3    law or ordinance.
4        (4) Evidence or testimony presented in open hearing,
5    or in closed hearing where specifically authorized by law,
6    to a quasi-adjudicative body, as defined in this Act,
7    provided that the body prepares and makes available for
8    public inspection a written decision setting forth its
9    determinative reasoning.
10        (5) The purchase or lease of real property for the use
11    of the public body, including meetings held for the
12    purpose of discussing whether a particular parcel should
13    be acquired.
14        (6) The setting of a price for sale or lease of
15    property owned by the public body.
16        (7) The sale or purchase of securities, investments,
17    or investment contracts. This exception shall not apply to
18    the investment of assets or income of funds deposited into
19    the Illinois Prepaid Tuition Trust Fund.
20        (8) Security procedures, school building safety and
21    security, and the use of personnel and equipment to
22    respond to an actual, a threatened, or a reasonably
23    potential danger to the safety of employees, students,
24    staff, the public, or public property.
25        (9) Student disciplinary cases.
26        (10) The placement of individual students in special

 

 

HB0562 Enrolled- 12 -LRB102 02734 SPS 12886 b

1    education programs and other matters relating to
2    individual students.
3        (11) Litigation, when an action against, affecting or
4    on behalf of the particular public body has been filed and
5    is pending before a court or administrative tribunal, or
6    when the public body finds that an action is probable or
7    imminent, in which case the basis for the finding shall be
8    recorded and entered into the minutes of the closed
9    meeting.
10        (12) The establishment of reserves or settlement of
11    claims as provided in the Local Governmental and
12    Governmental Employees Tort Immunity Act, if otherwise the
13    disposition of a claim or potential claim might be
14    prejudiced, or the review or discussion of claims, loss or
15    risk management information, records, data, advice or
16    communications from or with respect to any insurer of the
17    public body or any intergovernmental risk management
18    association or self insurance pool of which the public
19    body is a member.
20        (13) Conciliation of complaints of discrimination in
21    the sale or rental of housing, when closed meetings are
22    authorized by the law or ordinance prescribing fair
23    housing practices and creating a commission or
24    administrative agency for their enforcement.
25        (14) Informant sources, the hiring or assignment of
26    undercover personnel or equipment, or ongoing, prior or

 

 

HB0562 Enrolled- 13 -LRB102 02734 SPS 12886 b

1    future criminal investigations, when discussed by a public
2    body with criminal investigatory responsibilities.
3        (15) Professional ethics or performance when
4    considered by an advisory body appointed to advise a
5    licensing or regulatory agency on matters germane to the
6    advisory body's field of competence.
7        (16) Self evaluation, practices and procedures or
8    professional ethics, when meeting with a representative of
9    a statewide association of which the public body is a
10    member.
11        (17) The recruitment, credentialing, discipline or
12    formal peer review of physicians or other health care
13    professionals, or for the discussion of matters protected
14    under the federal Patient Safety and Quality Improvement
15    Act of 2005, and the regulations promulgated thereunder,
16    including 42 C.F.R. Part 3 (73 FR 70732), or the federal
17    Health Insurance Portability and Accountability Act of
18    1996, and the regulations promulgated thereunder,
19    including 45 C.F.R. Parts 160, 162, and 164, by a
20    hospital, or other institution providing medical care,
21    that is operated by the public body.
22        (18) Deliberations for decisions of the Prisoner
23    Review Board.
24        (19) Review or discussion of applications received
25    under the Experimental Organ Transplantation Procedures
26    Act.

 

 

HB0562 Enrolled- 14 -LRB102 02734 SPS 12886 b

1        (20) The classification and discussion of matters
2    classified as confidential or continued confidential by
3    the State Government Suggestion Award Board.
4        (21) Discussion of minutes of meetings lawfully closed
5    under this Act, whether for purposes of approval by the
6    body of the minutes or semi-annual review of the minutes
7    as mandated by Section 2.06.
8        (22) Deliberations for decisions of the State
9    Emergency Medical Services Disciplinary Review Board.
10        (23) The operation by a municipality of a municipal
11    utility or the operation of a municipal power agency or
12    municipal natural gas agency when the discussion involves
13    (i) contracts relating to the purchase, sale, or delivery
14    of electricity or natural gas or (ii) the results or
15    conclusions of load forecast studies.
16        (24) Meetings of a residential health care facility
17    resident sexual assault and death review team or the
18    Executive Council under the Abuse Prevention Review Team
19    Act.
20        (25) Meetings of an independent team of experts under
21    Brian's Law.
22        (26) Meetings of a mortality review team appointed
23    under the Department of Juvenile Justice Mortality Review
24    Team Act.
25        (27) (Blank).
26        (28) Correspondence and records (i) that may not be

 

 

HB0562 Enrolled- 15 -LRB102 02734 SPS 12886 b

1    disclosed under Section 11-9 of the Illinois Public Aid
2    Code or (ii) that pertain to appeals under Section 11-8 of
3    the Illinois Public Aid Code.
4        (29) Meetings between internal or external auditors
5    and governmental audit committees, finance committees, and
6    their equivalents, when the discussion involves internal
7    control weaknesses, identification of potential fraud risk
8    areas, known or suspected frauds, and fraud interviews
9    conducted in accordance with generally accepted auditing
10    standards of the United States of America.
11        (30) Those meetings or portions of meetings of a
12    fatality review team or the Illinois Fatality Review Team
13    Advisory Council during which a review of the death of an
14    eligible adult in which abuse or neglect is suspected,
15    alleged, or substantiated is conducted pursuant to Section
16    15 of the Adult Protective Services Act.
17        (31) Meetings and deliberations for decisions of the
18    Concealed Carry Licensing Review Board under the Firearm
19    Concealed Carry Act.
20        (32) Meetings between the Regional Transportation
21    Authority Board and its Service Boards when the discussion
22    involves review by the Regional Transportation Authority
23    Board of employment contracts under Section 28d of the
24    Metropolitan Transit Authority Act and Sections 3A.18 and
25    3B.26 of the Regional Transportation Authority Act.
26        (33) Those meetings or portions of meetings of the

 

 

HB0562 Enrolled- 16 -LRB102 02734 SPS 12886 b

1    advisory committee and peer review subcommittee created
2    under Section 320 of the Illinois Controlled Substances
3    Act during which specific controlled substance prescriber,
4    dispenser, or patient information is discussed.
5        (34) Meetings of the Tax Increment Financing Reform
6    Task Force under Section 2505-800 of the Department of
7    Revenue Law of the Civil Administrative Code of Illinois.
8        (35) Meetings of the group established to discuss
9    Medicaid capitation rates under Section 5-30.8 of the
10    Illinois Public Aid Code.
11        (36) Those deliberations or portions of deliberations
12    for decisions of the Illinois Gaming Board in which there
13    is discussed any of the following: (i) personal,
14    commercial, financial, or other information obtained from
15    any source that is privileged, proprietary, confidential,
16    or a trade secret; or (ii) information specifically
17    exempted from the disclosure by federal or State law.
18        (37) Deliberations for decisions of the Illinois Law
19    Enforcement Training Standards Board, the Certification
20    Review Panel, and the Illinois State Police Merit Board
21    regarding certification and decertification.
22        (38) Meetings of the Firearm Owner's Identification
23    Card Review Board under Section 10 of the Firearm Owners
24    Identification Card Act.
25    (d) Definitions. For purposes of this Section:
26    "Employee" means a person employed by a public body whose

 

 

HB0562 Enrolled- 17 -LRB102 02734 SPS 12886 b

1relationship with the public body constitutes an
2employer-employee relationship under the usual common law
3rules, and who is not an independent contractor.
4    "Public office" means a position created by or under the
5Constitution or laws of this State, the occupant of which is
6charged with the exercise of some portion of the sovereign
7power of this State. The term "public office" shall include
8members of the public body, but it shall not include
9organizational positions filled by members thereof, whether
10established by law or by a public body itself, that exist to
11assist the body in the conduct of its business.
12    "Quasi-adjudicative body" means an administrative body
13charged by law or ordinance with the responsibility to conduct
14hearings, receive evidence or testimony and make
15determinations based thereon, but does not include local
16electoral boards when such bodies are considering petition
17challenges.
18    (e) Final action. No final action may be taken at a closed
19meeting. Final action shall be preceded by a public recital of
20the nature of the matter being considered and other
21information that will inform the public of the business being
22conducted.
23(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17;
24100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff.
258-23-19; 101-652, eff. 1-1-22.)
 

 

 

HB0562 Enrolled- 18 -LRB102 02734 SPS 12886 b

1    Section 5. The Freedom of Information Act is amended by
2changing Section 7.5 as follows:
 
3    (5 ILCS 140/7.5)
4    (Text of Section before amendment by P.A. 101-652)
5    Sec. 7.5. Statutory exemptions. To the extent provided for
6by the statutes referenced below, the following shall be
7exempt from inspection and copying:
8        (a) All information determined to be confidential
9    under Section 4002 of the Technology Advancement and
10    Development Act.
11        (b) Library circulation and order records identifying
12    library users with specific materials under the Library
13    Records Confidentiality Act.
14        (c) Applications, related documents, and medical
15    records received by the Experimental Organ Transplantation
16    Procedures Board and any and all documents or other
17    records prepared by the Experimental Organ Transplantation
18    Procedures Board or its staff relating to applications it
19    has received.
20        (d) Information and records held by the Department of
21    Public Health and its authorized representatives relating
22    to known or suspected cases of sexually transmissible
23    disease or any information the disclosure of which is
24    restricted under the Illinois Sexually Transmissible
25    Disease Control Act.

 

 

HB0562 Enrolled- 19 -LRB102 02734 SPS 12886 b

1        (e) Information the disclosure of which is exempted
2    under Section 30 of the Radon Industry Licensing Act.
3        (f) Firm performance evaluations under Section 55 of
4    the Architectural, Engineering, and Land Surveying
5    Qualifications Based Selection Act.
6        (g) Information the disclosure of which is restricted
7    and exempted under Section 50 of the Illinois Prepaid
8    Tuition Act.
9        (h) Information the disclosure of which is exempted
10    under the State Officials and Employees Ethics Act, and
11    records of any lawfully created State or local inspector
12    general's office that would be exempt if created or
13    obtained by an Executive Inspector General's office under
14    that Act.
15        (i) Information contained in a local emergency energy
16    plan submitted to a municipality in accordance with a
17    local emergency energy plan ordinance that is adopted
18    under Section 11-21.5-5 of the Illinois Municipal Code.
19        (j) Information and data concerning the distribution
20    of surcharge moneys collected and remitted by carriers
21    under the Emergency Telephone System Act.
22        (k) Law enforcement officer identification information
23    or driver identification information compiled by a law
24    enforcement agency or the Department of Transportation
25    under Section 11-212 of the Illinois Vehicle Code.
26        (l) Records and information provided to a residential

 

 

HB0562 Enrolled- 20 -LRB102 02734 SPS 12886 b

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

 

 

HB0562 Enrolled- 21 -LRB102 02734 SPS 12886 b

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

 

 

HB0562 Enrolled- 22 -LRB102 02734 SPS 12886 b

1    Firearm Concealed Carry Act; and databases under the
2    Firearm Concealed Carry Act, records of the Concealed
3    Carry Licensing Review Board under the Firearm Concealed
4    Carry Act, and law enforcement agency objections under the
5    Firearm Concealed Carry Act.
6        (w) Personally identifiable information which is
7    exempted from disclosure under subsection (g) of Section
8    19.1 of the Toll Highway Act.
9        (x) Information which is exempted from disclosure
10    under Section 5-1014.3 of the Counties Code or Section
11    8-11-21 of the Illinois Municipal Code.
12        (y) Confidential information under the Adult
13    Protective Services Act and its predecessor enabling
14    statute, the Elder Abuse and Neglect Act, including
15    information about the identity and administrative finding
16    against any caregiver of a verified and substantiated
17    decision of abuse, neglect, or financial exploitation of
18    an eligible adult maintained in the Registry established
19    under Section 7.5 of the Adult Protective Services Act.
20        (z) Records and information provided to a fatality
21    review team or the Illinois Fatality Review Team Advisory
22    Council under Section 15 of the Adult Protective Services
23    Act.
24        (aa) Information which is exempted from disclosure
25    under Section 2.37 of the Wildlife Code.
26        (bb) Information which is or was prohibited from

 

 

HB0562 Enrolled- 23 -LRB102 02734 SPS 12886 b

1    disclosure by the Juvenile Court Act of 1987.
2        (cc) Recordings made under the Law Enforcement
3    Officer-Worn Body Camera Act, except to the extent
4    authorized under that Act.
5        (dd) Information that is prohibited from being
6    disclosed under Section 45 of the Condominium and Common
7    Interest Community Ombudsperson Act.
8        (ee) Information that is exempted from disclosure
9    under Section 30.1 of the Pharmacy Practice Act.
10        (ff) Information that is exempted from disclosure
11    under the Revised Uniform Unclaimed Property Act.
12        (gg) Information that is prohibited from being
13    disclosed under Section 7-603.5 of the Illinois Vehicle
14    Code.
15        (hh) Records that are exempt from disclosure under
16    Section 1A-16.7 of the Election Code.
17        (ii) Information which is exempted from disclosure
18    under Section 2505-800 of the Department of Revenue Law of
19    the Civil Administrative Code of Illinois.
20        (jj) Information and reports that are required to be
21    submitted to the Department of Labor by registering day
22    and temporary labor service agencies but are exempt from
23    disclosure under subsection (a-1) of Section 45 of the Day
24    and Temporary Labor Services Act.
25        (kk) Information prohibited from disclosure under the
26    Seizure and Forfeiture Reporting Act.

 

 

HB0562 Enrolled- 24 -LRB102 02734 SPS 12886 b

1        (ll) Information the disclosure of which is restricted
2    and exempted under Section 5-30.8 of the Illinois Public
3    Aid Code.
4        (mm) Records that are exempt from disclosure under
5    Section 4.2 of the Crime Victims Compensation Act.
6        (nn) Information that is exempt from disclosure under
7    Section 70 of the Higher Education Student Assistance Act.
8        (oo) Communications, notes, records, and reports
9    arising out of a peer support counseling session
10    prohibited from disclosure under the First Responders
11    Suicide Prevention Act.
12        (pp) Names and all identifying information relating to
13    an employee of an emergency services provider or law
14    enforcement agency under the First Responders Suicide
15    Prevention Act.
16        (qq) Information and records held by the Department of
17    Public Health and its authorized representatives collected
18    under the Reproductive Health Act.
19        (rr) Information that is exempt from disclosure under
20    the Cannabis Regulation and Tax Act.
21        (ss) Data reported by an employer to the Department of
22    Human Rights pursuant to Section 2-108 of the Illinois
23    Human Rights Act.
24        (tt) Recordings made under the Children's Advocacy
25    Center Act, except to the extent authorized under that
26    Act.

 

 

HB0562 Enrolled- 25 -LRB102 02734 SPS 12886 b

1        (uu) Information that is exempt from disclosure under
2    Section 50 of the Sexual Assault Evidence Submission Act.
3        (vv) Information that is exempt from disclosure under
4    subsections (f) and (j) of Section 5-36 of the Illinois
5    Public Aid Code.
6        (ww) Information that is exempt from disclosure under
7    Section 16.8 of the State Treasurer Act.
8        (xx) Information that is exempt from disclosure or
9    information that shall not be made public under the
10    Illinois Insurance Code.
11        (yy) Information prohibited from being disclosed under
12    the Illinois Educational Labor Relations Act.
13        (zz) Information prohibited from being disclosed under
14    the Illinois Public Labor Relations Act.
15        (aaa) Information prohibited from being disclosed
16    under Section 1-167 of the Illinois Pension Code.
17        (bbb) Information that is exempt from disclosure under
18    subsection (k) of Section 11 of the Equal Pay Act of 2003.
19(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
20100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
218-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
22eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
23100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
246-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
25eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
26101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.

 

 

HB0562 Enrolled- 26 -LRB102 02734 SPS 12886 b

11-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
2eff. 7-7-20; 101-656, eff. 3-23-21.)
 
3    (Text of Section after amendment by P.A. 101-652)
4    Sec. 7.5. Statutory exemptions. To the extent provided for
5by the statutes referenced below, the following shall be
6exempt from inspection and copying:
7        (a) All information determined to be confidential
8    under Section 4002 of the Technology Advancement and
9    Development Act.
10        (b) Library circulation and order records identifying
11    library users with specific materials under the Library
12    Records Confidentiality Act.
13        (c) Applications, related documents, and medical
14    records received by the Experimental Organ Transplantation
15    Procedures Board and any and all documents or other
16    records prepared by the Experimental Organ Transplantation
17    Procedures Board or its staff relating to applications it
18    has received.
19        (d) Information and records held by the Department of
20    Public Health and its authorized representatives relating
21    to known or suspected cases of sexually transmissible
22    disease or any information the disclosure of which is
23    restricted under the Illinois Sexually Transmissible
24    Disease Control Act.
25        (e) Information the disclosure of which is exempted

 

 

HB0562 Enrolled- 27 -LRB102 02734 SPS 12886 b

1    under Section 30 of the Radon Industry Licensing Act.
2        (f) Firm performance evaluations under Section 55 of
3    the Architectural, Engineering, and Land Surveying
4    Qualifications Based Selection Act.
5        (g) Information the disclosure of which is restricted
6    and exempted under Section 50 of the Illinois Prepaid
7    Tuition Act.
8        (h) Information the disclosure of which is exempted
9    under the State Officials and Employees Ethics Act, and
10    records of any lawfully created State or local inspector
11    general's office that would be exempt if created or
12    obtained by an Executive Inspector General's office under
13    that Act.
14        (i) Information contained in a local emergency energy
15    plan submitted to a municipality in accordance with a
16    local emergency energy plan ordinance that is adopted
17    under Section 11-21.5-5 of the Illinois Municipal Code.
18        (j) Information and data concerning the distribution
19    of surcharge moneys collected and remitted by carriers
20    under the Emergency Telephone System Act.
21        (k) Law enforcement officer identification information
22    or driver identification information compiled by a law
23    enforcement agency or the Department of Transportation
24    under Section 11-212 of the Illinois Vehicle Code.
25        (l) Records and information provided to a residential
26    health care facility resident sexual assault and death

 

 

HB0562 Enrolled- 28 -LRB102 02734 SPS 12886 b

1    review team or the Executive Council under the Abuse
2    Prevention Review Team Act.
3        (m) Information provided to the predatory lending
4    database created pursuant to Article 3 of the Residential
5    Real Property Disclosure Act, except to the extent
6    authorized under that Article.
7        (n) Defense budgets and petitions for certification of
8    compensation and expenses for court appointed trial
9    counsel as provided under Sections 10 and 15 of the
10    Capital Crimes Litigation Act. This subsection (n) shall
11    apply until the conclusion of the trial of the case, even
12    if the prosecution chooses not to pursue the death penalty
13    prior to trial or sentencing.
14        (o) Information that is prohibited from being
15    disclosed under Section 4 of the Illinois Health and
16    Hazardous Substances Registry Act.
17        (p) Security portions of system safety program plans,
18    investigation reports, surveys, schedules, lists, data, or
19    information compiled, collected, or prepared by or for the
20    Regional Transportation Authority under Section 2.11 of
21    the Regional Transportation Authority Act or the St. Clair
22    County Transit District under the Bi-State Transit Safety
23    Act.
24        (q) Information prohibited from being disclosed by the
25    Personnel Record Review Act.
26        (r) Information prohibited from being disclosed by the

 

 

HB0562 Enrolled- 29 -LRB102 02734 SPS 12886 b

1    Illinois School Student Records Act.
2        (s) Information the disclosure of which is restricted
3    under Section 5-108 of the Public Utilities Act.
4        (t) All identified or deidentified health information
5    in the form of health data or medical records contained
6    in, stored in, submitted to, transferred by, or released
7    from the Illinois Health Information Exchange, and
8    identified or deidentified health information in the form
9    of health data and medical records of the Illinois Health
10    Information Exchange in the possession of the Illinois
11    Health Information Exchange Office due to its
12    administration of the Illinois Health Information
13    Exchange. The terms "identified" and "deidentified" shall
14    be given the same meaning as in the Health Insurance
15    Portability and Accountability Act of 1996, Public Law
16    104-191, or any subsequent amendments thereto, and any
17    regulations promulgated thereunder.
18        (u) Records and information provided to an independent
19    team of experts under the Developmental Disability and
20    Mental Health Safety Act (also known as Brian's Law).
21        (v) Names and information of people who have applied
22    for or received Firearm Owner's Identification Cards under
23    the Firearm Owners Identification Card Act or applied for
24    or received a concealed carry license under the Firearm
25    Concealed Carry Act, unless otherwise authorized by the
26    Firearm Concealed Carry Act; and databases under the

 

 

HB0562 Enrolled- 30 -LRB102 02734 SPS 12886 b

1    Firearm Concealed Carry Act, records of the Concealed
2    Carry Licensing Review Board under the Firearm Concealed
3    Carry Act, and law enforcement agency objections under the
4    Firearm Concealed Carry Act.
5        (v-5) Records of the Firearm Owner's Identification
6    Card Review Board that are exempted from disclosure under
7    Section 10 of the Firearm Owners Identification Card Act.
8        (w) Personally identifiable information which is
9    exempted from disclosure under subsection (g) of Section
10    19.1 of the Toll Highway Act.
11        (x) Information which is exempted from disclosure
12    under Section 5-1014.3 of the Counties Code or Section
13    8-11-21 of the Illinois Municipal Code.
14        (y) Confidential information under the Adult
15    Protective Services Act and its predecessor enabling
16    statute, the Elder Abuse and Neglect Act, including
17    information about the identity and administrative finding
18    against any caregiver of a verified and substantiated
19    decision of abuse, neglect, or financial exploitation of
20    an eligible adult maintained in the Registry established
21    under Section 7.5 of the Adult Protective Services Act.
22        (z) Records and information provided to a fatality
23    review team or the Illinois Fatality Review Team Advisory
24    Council under Section 15 of the Adult Protective Services
25    Act.
26        (aa) Information which is exempted from disclosure

 

 

HB0562 Enrolled- 31 -LRB102 02734 SPS 12886 b

1    under Section 2.37 of the Wildlife Code.
2        (bb) Information which is or was prohibited from
3    disclosure by the Juvenile Court Act of 1987.
4        (cc) Recordings made under the Law Enforcement
5    Officer-Worn Body Camera Act, except to the extent
6    authorized under that Act.
7        (dd) Information that is prohibited from being
8    disclosed under Section 45 of the Condominium and Common
9    Interest Community Ombudsperson Act.
10        (ee) Information that is exempted from disclosure
11    under Section 30.1 of the Pharmacy Practice Act.
12        (ff) Information that is exempted from disclosure
13    under the Revised Uniform Unclaimed Property Act.
14        (gg) Information that is prohibited from being
15    disclosed under Section 7-603.5 of the Illinois Vehicle
16    Code.
17        (hh) Records that are exempt from disclosure under
18    Section 1A-16.7 of the Election Code.
19        (ii) Information which is exempted from disclosure
20    under Section 2505-800 of the Department of Revenue Law of
21    the Civil Administrative Code of Illinois.
22        (jj) Information and reports that are required to be
23    submitted to the Department of Labor by registering day
24    and temporary labor service agencies but are exempt from
25    disclosure under subsection (a-1) of Section 45 of the Day
26    and Temporary Labor Services Act.

 

 

HB0562 Enrolled- 32 -LRB102 02734 SPS 12886 b

1        (kk) Information prohibited from disclosure under the
2    Seizure and Forfeiture Reporting Act.
3        (ll) Information the disclosure of which is restricted
4    and exempted under Section 5-30.8 of the Illinois Public
5    Aid Code.
6        (mm) Records that are exempt from disclosure under
7    Section 4.2 of the Crime Victims Compensation Act.
8        (nn) Information that is exempt from disclosure under
9    Section 70 of the Higher Education Student Assistance Act.
10        (oo) Communications, notes, records, and reports
11    arising out of a peer support counseling session
12    prohibited from disclosure under the First Responders
13    Suicide Prevention Act.
14        (pp) Names and all identifying information relating to
15    an employee of an emergency services provider or law
16    enforcement agency under the First Responders Suicide
17    Prevention Act.
18        (qq) Information and records held by the Department of
19    Public Health and its authorized representatives collected
20    under the Reproductive Health Act.
21        (rr) Information that is exempt from disclosure under
22    the Cannabis Regulation and Tax Act.
23        (ss) Data reported by an employer to the Department of
24    Human Rights pursuant to Section 2-108 of the Illinois
25    Human Rights Act.
26        (tt) Recordings made under the Children's Advocacy

 

 

HB0562 Enrolled- 33 -LRB102 02734 SPS 12886 b

1    Center Act, except to the extent authorized under that
2    Act.
3        (uu) Information that is exempt from disclosure under
4    Section 50 of the Sexual Assault Evidence Submission Act.
5        (vv) Information that is exempt from disclosure under
6    subsections (f) and (j) of Section 5-36 of the Illinois
7    Public Aid Code.
8        (ww) Information that is exempt from disclosure under
9    Section 16.8 of the State Treasurer Act.
10        (xx) Information that is exempt from disclosure or
11    information that shall not be made public under the
12    Illinois Insurance Code.
13        (yy) Information prohibited from being disclosed under
14    the Illinois Educational Labor Relations Act.
15        (zz) Information prohibited from being disclosed under
16    the Illinois Public Labor Relations Act.
17        (aaa) Information prohibited from being disclosed
18    under Section 1-167 of the Illinois Pension Code.
19        (bbb) Information that is exempt from disclosure under
20    subsection (k) of Section 11 of the Equal Pay Act of 2003.
21        (ccc) (bbb) Information that is prohibited from
22    disclosure by the Illinois Police Training Act and the
23    State Police Act.
24        (ddd) Records exempt from disclosure under Section
25    2605-304 of the Department of State Police Law of the
26    Civil Administrative Code of Illinois.

 

 

HB0562 Enrolled- 34 -LRB102 02734 SPS 12886 b

1(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
2100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
38-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
4eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
5100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
66-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
7eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
8101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
91-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
10eff. 7-7-20; 101-652, eff. 1-1-22; 101-656, eff. 3-23-21;
11revised 4-21-21.)
 
12    Section 7. The Gun Trafficking Information Act is amended
13by changing Section 10-5 as follows:
 
14    (5 ILCS 830/10-5)
15    Sec. 10-5. Gun trafficking information.
16    (a) The Department of State Police shall use all
17reasonable efforts in making publicly available, on a regular
18and ongoing basis, key information related to firearms used in
19the commission of crimes in this State, including, but not
20limited to: reports on crimes committed with firearms,
21locations where the crimes occurred, the number of persons
22killed or injured in the commission of the crimes, the state
23where the firearms used originated, the Federal Firearms
24Licensee that sold the firearm, and the type of firearms used,

 

 

HB0562 Enrolled- 35 -LRB102 02734 SPS 12886 b

1annual statistical information concerning Firearm Owner's
2Identification Card and concealed carry license applications,
3revocations, and compliance with Section 9.5 of the Firearm
4Owners Identification Card Act, firearm restraining order
5dispositions, and firearm dealer license certification
6inspections. The Department shall make the information
7available on its website, which may be presented in a
8dashboard format, in addition to electronically filing a
9report with the Governor and the General Assembly. The report
10to the General Assembly shall be filed with the Clerk of the
11House of Representatives and the Secretary of the Senate in
12electronic form only, in the manner that the Clerk and the
13Secretary shall direct.
14    (b) The Department shall study, on a regular and ongoing
15basis, and compile reports on the number of Firearm Owner's
16Identification Card checks to determine firearms trafficking
17or straw purchase patterns. The Department shall, to the
18extent not inconsistent with law, share such reports and
19underlying data with academic centers, foundations, and law
20enforcement agencies studying firearms trafficking, provided
21that personally identifying information is protected. For
22purposes of this subsection (b), a Firearm Owner's
23Identification Card number is not personally identifying
24information, provided that no other personal information of
25the card holder is attached to the record. The Department may
26create and attach an alternate unique identifying number to

 

 

HB0562 Enrolled- 36 -LRB102 02734 SPS 12886 b

1each Firearm Owner's Identification Card number, instead of
2releasing the Firearm Owner's Identification Card number
3itself.
4    (c) Each department, office, division, and agency of this
5State shall, to the extent not inconsistent with law,
6cooperate fully with the Department and furnish the Department
7with all relevant information and assistance on a timely basis
8as is necessary to accomplish the purpose of this Act. The
9Illinois Criminal Justice Information Authority shall submit
10the information required in subsection (a) of this Section to
11the Department of State Police, and any other information as
12the Department may request, to assist the Department in
13carrying out its duties under this Act.
14(Source: P.A. 100-1178, eff. 1-18-19.)
 
15    Section 10. The Department of State Police Law of the
16Civil Administrative Code of Illinois is amended by changing
17Section 2605-605 and by adding Section 2605-304 as follows:
 
18    (20 ILCS 2605/2605-304 new)
19    Sec. 2605-304. Prohibited persons portal.
20    (a) Within 90 days after the effective date of this
21amendatory Act of the 102nd General Assembly, the Illinois
22State Police shall establish a portal for use by federal,
23State, or local law enforcement agencies, including Offices of
24the State's Attorneys and the Office of the Attorney General

 

 

HB0562 Enrolled- 37 -LRB102 02734 SPS 12886 b

1to capture a report of persons whose Firearm Owner's
2Identification Cards have been revoked or suspended. The
3portal is for law enforcement purposes only.
4    (b) The Illinois State Police shall include in the report
5the reason the person's Firearm Owner's Identification Card
6was subject to revocation or suspension, to the extent allowed
7by law, consistent with Sections 8 and 8.2 of the Firearm
8Owners Identification Card Act.
9    (c) The Illinois State Police shall indicate whether the
10person subject to the revocation or suspension of his or her
11Firearm Owner's Identification Card has surrendered his or her
12revoked or suspended Firearm Owner's Identification Card and
13whether the person has completed a Firearm Disposition Record
14required under Section 9.5 of the Firearm Owners
15Identification Card Act. The Illinois State Police shall make
16reasonable efforts to make this information available on the
17Law Enforcement Agencies Data System (LEADS).
18    (d) The Illinois State Police shall provide updates of
19information related to an individual's current Firearm Owner's
20Identification Card revocation or suspension status, including
21compliance under Section 9.5 of the Firearm Owners
22Identification Card Act, in the Illinois State Police's Law
23Enforcement Agencies Data System.
24    (e) Records in this portal are exempt from disclosure
25under the Freedom of Information Act.
26    (f) The Illinois State Police may adopt rules necessary to

 

 

HB0562 Enrolled- 38 -LRB102 02734 SPS 12886 b

1implement this Section.
 
2    (20 ILCS 2605/2605-605)
3    Sec. 2605-605. Violent Crime Intelligence Task Force. The
4Director of State Police shall may establish a statewide
5multi-jurisdictional Violent Crime Intelligence Task Force led
6by the Department of State Police dedicated to combating gun
7violence, gun-trafficking, and other violent crime with the
8primary mission of preservation of life and reducing the
9occurrence and the fear of crime. The objectives of the Task
10Force shall include, but not be limited to, reducing and
11preventing illegal possession and use of firearms,
12firearm-related homicides, and other violent crimes, and
13solving firearm-related crimes.
14    (1) The Task Force may develop and acquire information,
15training, tools, and resources necessary to implement a
16data-driven approach to policing, with an emphasis on
17intelligence development.
18    (2) The Task Force may utilize information sharing,
19partnerships, crime analysis, and evidence-based practices to
20assist in the reduction of firearm-related shootings,
21homicides, and gun-trafficking, including, but not limited to,
22ballistic data, eTrace data, DNA evidence, latent
23fingerprints, firearm training data, and National Integrated
24Ballistic Information Network (NIBIN) data. The Task Force may
25design a model crime gun intelligence strategy which may

 

 

HB0562 Enrolled- 39 -LRB102 02734 SPS 12886 b

1include, but is not limited to, comprehensive collection and
2documentation of all ballistic evidence, timely transfer of
3NIBIN and eTrace leads to an intelligence center, which may
4include the Division of Criminal Investigation of the Illinois
5State Police, timely dissemination of intelligence to
6investigators, investigative follow-up, and coordinated
7prosecution.
8    (3) The Task Force may recognize and utilize best
9practices of community policing and may develop potential
10partnerships with faith-based and community organizations to
11achieve its goals.
12    (4) The Task Force may identify and utilize best practices
13in drug-diversion programs and other community-based services
14to redirect low-level offenders.
15    (5) The Task Force may assist in violence suppression
16strategies including, but not limited to, details in
17identified locations that have shown to be the most prone to
18gun violence and violent crime, focused deterrence against
19violent gangs and groups considered responsible for the
20violence in communities, and other intelligence driven methods
21deemed necessary to interrupt cycles of violence or prevent
22retaliation.
23    (6) In consultation with the Chief Procurement Officer,
24the Department of State Police may obtain contracts for
25software, commodities, resources, and equipment to assist the
26Task Force with achieving this Act. Any contracts necessary to

 

 

HB0562 Enrolled- 40 -LRB102 02734 SPS 12886 b

1support the delivery of necessary software, commodities,
2resources, and equipment are not subject to the Illinois
3Procurement Code, except for Sections 20-60, 20-65, 20-70, and
420-160 and Article 50 of that Code, provided that the Chief
5Procurement Officer may, in writing with justification, waive
6any certification required under Article 50 of the Illinois
7Procurement Code.
8    (7) The Task Force shall conduct enforcement operations
9against persons whose Firearm Owner's Identification Cards
10have been revoked or suspended and persons who fail to comply
11with the requirements of Section 9.5 of the Firearm Owners
12Identification Card Act, prioritizing individuals presenting a
13clear and present danger to themselves or to others under
14paragraph (2) of subsection (d) of Section 8.1 of the Firearm
15Owners Identification Card Act.
16    (8) The Task Force shall collaborate with local law
17enforcement agencies to enforce provisions of the Firearm
18Owners Identification Card Act, the Firearm Concealed Carry
19Act, the Firearm Dealer License Certification Act, and Article
2024 of the Criminal Code of 2012.
21    (9) To implement this Section, the Director of the
22Illinois State Police may establish intergovernmental
23agreements with law enforcement agencies in accordance with
24the Intergovernmental Cooperation Act.
25    (10) Law enforcement agencies that participate in
26activities described in paragraphs (7) through (9) may apply

 

 

HB0562 Enrolled- 41 -LRB102 02734 SPS 12886 b

1to the Illinois State Police for grants from the State Police
2Revocation Enforcement Fund.
3(Source: P.A. 100-3, eff. 1-1-18.)
 
4    Section 11. The Illinois Criminal Justice Information Act
5is amended by adding Section 7.9 as follows:
 
6    (20 ILCS 3930/7.9 new)
7    Sec. 7.9. Firearm Prohibitors and Records Improvement Task
8Force.
9    (a) As used in this Section, "firearms prohibitor" means
10any factor listed in Section 4 of the Firearm Owners
11Identification Card Act or Section 24-3 or 24-3.1 of the
12Criminal Code of 2012 that prohibits a person from
13transferring or possessing a firearm, firearm ammunition,
14Firearm Owner's Identification Card, or concealed carry
15license.
16    (b) The Firearm Prohibitors and Records Improvement Task
17Force is created to identify and research all available
18grants, resources, and revenue that may be applied for and
19used by all entities responsible for reporting federal and
20State firearm prohibitors to the Illinois State Police and the
21National Instant Criminal Background Check System. Under the
22Firearm Owners Identification Card Act, these reporting
23entities include, but are not limited to, hospitals, courts,
24law enforcement and corrections. The Task Force shall identify

 

 

HB0562 Enrolled- 42 -LRB102 02734 SPS 12886 b

1weaknesses in reporting and recommend a strategy to direct
2resources and revenue to ensuring reporting is reliable,
3accurate, and timely. The Task Force shall inventory all
4statutorily mandated firearm and gun violence related data
5collection and reporting requirements, along with the agency
6responsible for collecting that data, and identify gaps in
7those requirements. The Task Force shall submit a coordinated
8application with and through the Illinois Criminal Justice
9Information Authority for federal funds from the National
10Criminal History Improvement Program and the NICS Acts Record
11Improvement Program. The Firearm Prohibitors and Records
12Improvement Task Force shall be comprised of the following
13members, all of whom shall serve without compensation:
14        (1) the Executive Director of the Illinois Criminal
15    Justice Information Authority, who shall serve as Chair;
16        (2) the Director of the Illinois State Police, or his
17    or her designee;
18        (3) the Secretary of Human Services, or his or her
19    designee;
20        (4) the Director of Corrections, or his or her
21    designee;
22        (5) the Attorney General, or his or her designee;
23        (6) the Director of the Administrative Office of the
24    Illinois Courts, or his or her designee;
25        (7) a representative of an association representing
26    circuit clerks appointed by the President of the Senate;

 

 

HB0562 Enrolled- 43 -LRB102 02734 SPS 12886 b

1        (8) a representative of an association representing
2    sheriffs appointed by the House Minority Leader;
3        (9) a representative of an association representing
4    State's Attorneys appointed by the House Minority Leader;
5        (10) a representative of an association representing
6    chiefs of police appointed by the Senate Minority Leader;
7        (11) a representative of an association representing
8    hospitals appointed by the Speaker of the House of
9    Representatives;
10        (12) a representative of an association representing
11    counties appointed by the President of the Senate; and
12        (13) a representative of an association representing
13    municipalities appointed by the Speaker of the House of
14    Representatives.
15    (c) The Illinois Criminal Justice Information Authority
16shall provide administrative and other support to the Task
17Force. The Illinois State Police Division of Justice Services
18shall also provide support to the Illinois Criminal Justice
19Information Authority and the Task Force.
20    (d) The Task Force may meet in person or virtually and
21shall issue a written report of its findings and
22recommendations to General Assembly on or before July 1, 2022.
23The Task Force shall issue an annual report, which shall
24include information on the state of FOID data, including a
25review of previous activity by the Task Force to close
26previously identified gaps; identifying known (or new) gaps; a

 

 

HB0562 Enrolled- 44 -LRB102 02734 SPS 12886 b

1proposal of policy and practice recommendations to close those
2gaps; and a preview of expected activities of the Task Force
3for the coming year.
4    (e) Within 60 days of the effective date of this
5amendatory Act of the 102nd General Assembly, the Chair shall
6establish the Task Force.
7    (f) This Section is repealed on July 1, 2027.
 
8    Section 15. The State Finance Act is amended by changing
96z-99 and by adding Sections 5.938 and 6z-125 as follows:
 
10    (30 ILCS 105/5.938 new)
11    Sec. 5.938. The State Police Revocation Enforcement Fund.
 
12    (30 ILCS 105/6z-99)
13    Sec. 6z-99. The Mental Health Reporting Fund.
14    (a) There is created in the State treasury a special fund
15known as the Mental Health Reporting Fund. The Fund shall
16receive revenue under the Firearm Concealed Carry Act. The
17Fund may also receive revenue from grants, pass-through
18grants, donations, appropriations, and any other legal source.
19    (b) The Department of State Police and Department of Human
20Services shall coordinate to use moneys in the Fund to finance
21their respective duties of collecting and reporting data on
22mental health records and ensuring that mental health firearm
23possession prohibitors are enforced as set forth under the

 

 

HB0562 Enrolled- 45 -LRB102 02734 SPS 12886 b

1Firearm Concealed Carry Act and the Firearm Owners
2Identification Card Act. Any surplus in the Fund beyond what
3is necessary to ensure compliance with mental health reporting
4under these Acts shall be used by the Department of Human
5Services for mental health treatment programs as follows: (1)
650% shall be used to fund community-based mental health
7programs aimed at reducing gun violence, community integration
8and education, or mental health awareness and prevention,
9including administrative costs; and (2) 50% shall be used to
10award grants that use and promote the National School Mental
11Health Curriculum model for school-based mental health
12support, integration, and services.
13    (c) Investment income that is attributable to the
14investment of moneys in the Fund shall be retained in the Fund
15for the uses specified in this Section.
16(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 
17    (30 ILCS 105/6z-125 new)
18    Sec. 6z-125. State Police Revocation Enforcement Fund.
19    (a) The State Police Revocation Enforcement Fund is
20established as a special fund in the State treasury. This Fund
21is established to receive moneys from the Firearm Owners
22Identification Card Act to enforce that Act, the Firearm
23Concealed Carry Act, Article 24 of the Criminal Code of 2012,
24and other firearm offenses. The Fund may also receive revenue
25from grants, donations, appropriations, and any other legal

 

 

HB0562 Enrolled- 46 -LRB102 02734 SPS 12886 b

1source.
2    (b) The Illinois State Police may use moneys from the Fund
3to establish task forces and, if necessary, include other law
4enforcement agencies, under intergovernmental contracts
5written and executed in conformity with the Intergovernmental
6Cooperation Act.
7    (c) The Illinois State Police may use moneys in the Fund to
8hire and train State Police officers and prevention of violent
9crime.
10    (d) The State Police Revocation Enforcement Fund is not
11subject to administrative chargebacks.
12    (e) Law enforcement agencies that participate in Firearm
13Owner's Identification Card revocation enforcement in the
14Violent Crime Intelligence Task Force may apply for grants
15from the Illinois State Police.
 
16    Section 16. The Intergovernmental Drug Laws Enforcement
17Act is amended by changing Section 3 as follows:
 
18    (30 ILCS 715/3)  (from Ch. 56 1/2, par. 1703)
19    Sec. 3. A Metropolitan Enforcement Group which meets the
20minimum criteria established in this Section is eligible to
21receive State grants to help defray the costs of operation. To
22be eligible a MEG must:
23        (1) Be established and operating pursuant to
24    intergovernmental contracts written and executed in

 

 

HB0562 Enrolled- 47 -LRB102 02734 SPS 12886 b

1    conformity with the Intergovernmental Cooperation Act, and
2    involve 2 or more units of local government.
3        (2) Establish a MEG Policy Board composed of an
4    elected official, or his designee, and the chief law
5    enforcement officer, or his designee, from each
6    participating unit of local government to oversee the
7    operations of the MEG and make such reports to the
8    Department of State Police as the Department may require.
9        (3) Designate a single appropriate elected official of
10    a participating unit of local government to act as the
11    financial officer of the MEG for all participating units
12    of local government and to receive funds for the operation
13    of the MEG.
14        (4) Limit its operations to enforcement of drug laws;
15    enforcement of Sections 10-9, 24-1, 24-1.1, 24-1.2,
16    24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1, 24-2.2, 24-3,
17    24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8,
18    24-3.9,24-3A, 24-3B, 24-4, and 24-5 and subsections
19    24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9),
20    24-1(a)(10), and 24-1(c) of the Criminal Code of 2012;
21    Sections 2, 3, 6.1, 14 of the Firearm Owners
22    Identification Card Act; and the investigation of
23    streetgang related offenses.
24        (5) Cooperate with the Department of State Police in
25    order to assure compliance with this Act and to enable the
26    Department to fulfill its duties under this Act, and

 

 

HB0562 Enrolled- 48 -LRB102 02734 SPS 12886 b

1    supply the Department with all information the Department
2    deems necessary therefor.
3        (6) Receive funding of at least 50% of the total
4    operating budget of the MEG from the participating units
5    of local government.
6(Source: P.A. 97-1150, eff. 1-25-13.)
 
7    Section 20. The Firearm Owners Identification Card Act is
8amended by changing Sections 1.1, 3, 3.1, 4, 5, 6, 7, 8.2, 8.3,
99.5, 10, 11, and 13.2 and by adding Sections 6.2, 7.5, 8.4,
108.5, and 13.4 as follows:
 
11    (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)
12    Sec. 1.1. For purposes of this Act:
13    "Addicted to narcotics" means a person who has been:
14        (1) convicted of an offense involving the use or
15    possession of cannabis, a controlled substance, or
16    methamphetamine within the past year; or
17        (2) determined by the Department of State Police to be
18    addicted to narcotics based upon federal law or federal
19    guidelines.
20    "Addicted to narcotics" does not include possession or use
21of a prescribed controlled substance under the direction and
22authority of a physician or other person authorized to
23prescribe the controlled substance when the controlled
24substance is used in the prescribed manner.

 

 

HB0562 Enrolled- 49 -LRB102 02734 SPS 12886 b

1    "Adjudicated as a person with a mental disability" means
2the person is the subject of a determination by a court, board,
3commission or other lawful authority that the person, as a
4result of marked subnormal intelligence, or mental illness,
5mental impairment, incompetency, condition, or disease:
6        (1) presents a clear and present danger to himself,
7    herself, or to others;
8        (2) lacks the mental capacity to manage his or her own
9    affairs or is adjudicated a person with a disability as
10    defined in Section 11a-2 of the Probate Act of 1975;
11        (3) is not guilty in a criminal case by reason of
12    insanity, mental disease or defect;
13        (3.5) is guilty but mentally ill, as provided in
14    Section 5-2-6 of the Unified Code of Corrections;
15        (4) is incompetent to stand trial in a criminal case;
16        (5) is not guilty by reason of lack of mental
17    responsibility under Articles 50a and 72b of the Uniform
18    Code of Military Justice, 10 U.S.C. 850a, 876b;
19        (6) is a sexually violent person under subsection (f)
20    of Section 5 of the Sexually Violent Persons Commitment
21    Act;
22        (7) is a sexually dangerous person under the Sexually
23    Dangerous Persons Act;
24        (8) is unfit to stand trial under the Juvenile Court
25    Act of 1987;
26        (9) is not guilty by reason of insanity under the

 

 

HB0562 Enrolled- 50 -LRB102 02734 SPS 12886 b

1    Juvenile Court Act of 1987;
2        (10) is subject to involuntary admission as an
3    inpatient as defined in Section 1-119 of the Mental Health
4    and Developmental Disabilities Code;
5        (11) is subject to involuntary admission as an
6    outpatient as defined in Section 1-119.1 of the Mental
7    Health and Developmental Disabilities Code;
8        (12) is subject to judicial admission as set forth in
9    Section 4-500 of the Mental Health and Developmental
10    Disabilities Code; or
11        (13) is subject to the provisions of the Interstate
12    Agreements on Sexually Dangerous Persons Act.
13    "Clear and present danger" means a person who:
14        (1) communicates a serious threat of physical violence
15    against a reasonably identifiable victim or poses a clear
16    and imminent risk of serious physical injury to himself,
17    herself, or another person as determined by a physician,
18    clinical psychologist, or qualified examiner; or
19        (2) demonstrates threatening physical or verbal
20    behavior, such as violent, suicidal, or assaultive
21    threats, actions, or other behavior, as determined by a
22    physician, clinical psychologist, qualified examiner,
23    school administrator, or law enforcement official.
24    "Clinical psychologist" has the meaning provided in
25Section 1-103 of the Mental Health and Developmental
26Disabilities Code.

 

 

HB0562 Enrolled- 51 -LRB102 02734 SPS 12886 b

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

 

 

HB0562 Enrolled- 52 -LRB102 02734 SPS 12886 b

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

 

 

HB0562 Enrolled- 53 -LRB102 02734 SPS 12886 b

1transfer, or exchange of firearms as described in this
2Section. Nothing in this definition shall be construed to
3exclude a gun show held in conjunction with competitive
4shooting events at the World Shooting Complex sanctioned by a
5national governing body in which the sale or transfer of
6firearms is authorized under subparagraph (5) of paragraph (g)
7of subsection (A) of Section 24-3 of the Criminal Code of 2012.
8    Unless otherwise expressly stated, "gun show" does not
9include training or safety classes, competitive shooting
10events, such as rifle, shotgun, or handgun matches, trap,
11skeet, or sporting clays shoots, dinners, banquets, raffles,
12or any other event where the sale or transfer of firearms is
13not the primary course of business.
14    "Gun show promoter" means a person who organizes or
15operates a gun show.
16    "Gun show vendor" means a person who exhibits, sells,
17offers for sale, transfers, or exchanges any firearms at a gun
18show, regardless of whether the person arranges with a gun
19show promoter for a fixed location from which to exhibit,
20sell, offer for sale, transfer, or exchange any firearm.
21    "Involuntarily admitted" has the meaning as prescribed in
22Sections 1-119 and 1-119.1 of the Mental Health and
23Developmental Disabilities Code.
24    "Mental health facility" means any licensed private
25hospital or hospital affiliate, institution, or facility, or
26part thereof, and any facility, or part thereof, operated by

 

 

HB0562 Enrolled- 54 -LRB102 02734 SPS 12886 b

1the State or a political subdivision thereof which provide
2treatment of persons with mental illness and includes all
3hospitals, institutions, clinics, evaluation facilities,
4mental health centers, colleges, universities, long-term care
5facilities, and nursing homes, or parts thereof, which provide
6treatment of persons with mental illness whether or not the
7primary purpose is to provide treatment of persons with mental
8illness.
9    "National governing body" means a group of persons who
10adopt rules and formulate policy on behalf of a national
11firearm sporting organization.
12    "Patient" means:
13        (1) a person who is admitted as an inpatient or
14    resident of a public or private mental health facility for
15    mental health treatment under Chapter III of the Mental
16    Health and Developmental Disabilities Code as an informal
17    admission, a voluntary admission, a minor admission, an
18    emergency admission, or an involuntary admission, unless
19    the treatment was solely for an alcohol abuse disorder; or
20        (2) a person who voluntarily or involuntarily receives
21    mental health treatment as an out-patient or is otherwise
22    provided services by a public or private mental health
23    facility, and who poses a clear and present danger to
24    himself, herself, or to others.
25    "Person with a developmental disability" means a person
26with a disability which is attributable to any other condition

 

 

HB0562 Enrolled- 55 -LRB102 02734 SPS 12886 b

1which results in impairment similar to that caused by an
2intellectual disability and which requires services similar to
3those required by persons with intellectual disabilities. The
4disability must originate before the age of 18 years, be
5expected to continue indefinitely, and constitute a
6substantial disability. This disability results, in the
7professional opinion of a physician, clinical psychologist, or
8qualified examiner, in significant functional limitations in 3
9or more of the following areas of major life activity:
10        (i) self-care;
11        (ii) receptive and expressive language;
12        (iii) learning;
13        (iv) mobility; or
14        (v) self-direction.
15    "Person with an intellectual disability" means a person
16with a significantly subaverage general intellectual
17functioning which exists concurrently with impairment in
18adaptive behavior and which originates before the age of 18
19years.
20    "Physician" has the meaning as defined in Section 1-120 of
21the Mental Health and Developmental Disabilities Code.
22    "Protective order" means any orders of protection issued
23under the Illinois Domestic Violence Act of 1986, stalking no
24contact orders issued under the Stalking No Contact Order Act,
25civil no contact orders issued under the Civil No Contact
26Order Act, and firearms restraining orders issued under the

 

 

HB0562 Enrolled- 56 -LRB102 02734 SPS 12886 b

1Firearms Restraining Order Act.
2    "Qualified examiner" has the meaning provided in Section
31-122 of the Mental Health and Developmental Disabilities
4Code.
5    "Sanctioned competitive shooting event" means a shooting
6contest officially recognized by a national or state shooting
7sport association, and includes any sight-in or practice
8conducted in conjunction with the event.
9    "School administrator" means the person required to report
10under the School Administrator Reporting of Mental Health
11Clear and Present Danger Determinations Law.
12    "Stun gun or taser" has the meaning ascribed to it in
13Section 24-1 of the Criminal Code of 2012.
14(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;
1599-642, eff. 7-28-16; 100-906, eff. 1-1-19.)
 
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;
24or (2) a currently valid license to carry a concealed firearm
25which has previously been issued in his or her name by the

 

 

HB0562 Enrolled- 57 -LRB102 02734 SPS 12886 b

1Department of State Police under the Firearm Concealed Carry
2Act. In addition, all firearm, stun gun, and taser transfers
3by federally licensed firearm dealers are subject to Section
43.1.
5    (a-5) Any person who is not a federally licensed firearm
6dealer and who desires to transfer or sell a firearm while that
7person is on the grounds of a gun show must, before selling or
8transferring the firearm, request the Department of State
9Police to conduct a background check on the prospective
10recipient of the firearm in accordance with Section 3.1.
11    (a-10) Notwithstanding item (2) of subsection (a) of this
12Section, any person who is not a federally licensed firearm
13dealer and who desires to transfer or sell a firearm or
14firearms to any person who is not a federally licensed firearm
15dealer shall, before selling or transferring the firearms,
16contact a federal firearm license dealer under paragraph (1)
17of subsection (a-15) of this Section to conduct the transfer
18or the Illinois Department of State Police with the
19transferee's or purchaser's Firearm Owner's Identification
20Card number to determine the validity of the transferee's or
21purchaser's Firearm Owner's Identification Card under State
22and federal law including the National Instant Criminal
23Background Check System. This subsection shall not be
24effective until January 1, 2024. Until that date the
25transferor shall contact the Illinois State Police with the
26transferee's or purchaser's Firearm Owner's Identification

 

 

HB0562 Enrolled- 58 -LRB102 02734 SPS 12886 b

1Card number to determine the validity of the card 2014. The
2Department of State Police may adopt rules concerning the
3implementation of this subsection. The Department of State
4Police shall provide the seller or transferor an approval
5number if the purchaser's Firearm Owner's Identification Card
6is valid. Approvals issued by the Department for the purchase
7of a firearm pursuant to this subsection are valid for 30 days
8from the date of issue.
9    (a-15) The provisions of subsection (a-10) of this Section
10do not apply to:
11        (1) transfers that occur at the place of business of a
12    federally licensed firearm dealer, if the federally
13    licensed firearm dealer conducts a background check on the
14    prospective recipient of the firearm in accordance with
15    Section 3.1 of this Act and follows all other applicable
16    federal, State, and local laws as if he or she were the
17    seller or transferor of the firearm, although the dealer
18    is not required to accept the firearm into his or her
19    inventory. The purchaser or transferee may be required by
20    the federally licensed firearm dealer to pay a fee not to
21    exceed $25 $10 per firearm, which the dealer may retain as
22    compensation for performing the functions required under
23    this paragraph, plus the applicable fees authorized by
24    Section 3.1;
25        (2) transfers as a bona fide gift to the transferor's
26    husband, wife, son, daughter, stepson, stepdaughter,

 

 

HB0562 Enrolled- 59 -LRB102 02734 SPS 12886 b

1    father, mother, stepfather, stepmother, brother, sister,
2    nephew, niece, uncle, aunt, grandfather, grandmother,
3    grandson, granddaughter, father-in-law, mother-in-law,
4    son-in-law, or daughter-in-law;
5        (3) transfers by persons acting pursuant to operation
6    of law or a court order;
7        (4) transfers on the grounds of a gun show under
8    subsection (a-5) of this Section;
9        (5) the delivery of a firearm by its owner to a
10    gunsmith for service or repair, the return of the firearm
11    to its owner by the gunsmith, or the delivery of a firearm
12    by a gunsmith to a federally licensed firearms dealer for
13    service or repair and the return of the firearm to the
14    gunsmith;
15        (6) temporary transfers that occur while in the home
16    of the unlicensed transferee, if the unlicensed transferee
17    is not otherwise prohibited from possessing firearms and
18    the unlicensed transferee reasonably believes that
19    possession of the firearm is necessary to prevent imminent
20    death or great bodily harm to the unlicensed transferee;
21        (7) transfers to a law enforcement or corrections
22    agency or a law enforcement or corrections officer acting
23    within the course and scope of his or her official duties;
24        (8) transfers of firearms that have been rendered
25    permanently inoperable to a nonprofit historical society,
26    museum, or institutional collection; and

 

 

HB0562 Enrolled- 60 -LRB102 02734 SPS 12886 b

1        (9) transfers to a person who is exempt from the
2    requirement of possessing a Firearm Owner's Identification
3    Card under Section 2 of this Act.
4    (a-20) The Illinois Department of State Police shall
5develop an Internet-based system for individuals to determine
6the validity of a Firearm Owner's Identification Card prior to
7the sale or transfer of a firearm. The Department shall have
8the Internet-based system updated completed and available for
9use by January 1, 2024 July 1, 2015. The Illinois State Police
10Department shall adopt rules not inconsistent with this
11Section to implement this system; but no rule shall allow the
12Illinois State Police to retain records in contravention of
13State and federal law.
14    (a-25) On or before January 1, 2022, the Illinois State
15Police shall develop an Internet-based system upon which the
16serial numbers of firearms that have been reported stolen are
17available for public access for individuals to ensure any
18firearms are not reported stolen prior to the sale or transfer
19of a firearm under this Section. The Illinois State Police
20shall have the Internet-based system completed and available
21for use by July 1, 2022. The Department shall adopt rules not
22inconsistent with this Section to implement this system.
23    (b) Any person within this State who transfers or causes
24to be transferred any firearm, stun gun, or taser shall keep a
25record of such transfer for a period of 10 years from the date
26of transfer. Any person within this State who receives any

 

 

HB0562 Enrolled- 61 -LRB102 02734 SPS 12886 b

1firearm, stun gun, or taser pursuant to subsection (a-10)
2shall provide a record of the transfer within 10 days of the
3transfer to a federally licensed firearm dealer and shall not
4be required to maintain a transfer record. The federally
5licensed firearm dealer shall maintain the transfer record for
620 years from date of receipt. A federally licensed firearm
7dealer may charge a fee not to exceed $25 to retain the record.
8The record shall be provided and maintained in either an
9electronic or paper format. The federally licensed firearm
10dealer shall not be liable for the accuracy of any information
11in the transfer record submitted pursuant to this Section.
12Such records record shall contain the date of the transfer;
13the description, serial number or other information
14identifying the firearm, stun gun, or taser if no serial
15number is available; and, if the transfer was completed within
16this State, the transferee's Firearm Owner's Identification
17Card number and any approval number or documentation provided
18by the Department of State Police pursuant to subsection
19(a-10) of this Section; if the transfer was not completed
20within this State, the record shall contain the name and
21address of the transferee. On or after January 1, 2006, the
22record shall contain the date of application for transfer of
23the firearm. On demand of a peace officer such transferor
24shall produce for inspection such record of transfer. For any
25transfer pursuant to subsection (a-10) of this Section, on the
26demand of a peace officer, such transferee shall identify the

 

 

HB0562 Enrolled- 62 -LRB102 02734 SPS 12886 b

1federally licensed firearm dealer maintaining the transfer
2record. If the transfer or sale took place at a gun show, the
3record shall include the unique identification number. Failure
4to record the unique identification number or approval number
5is a petty offense. For transfers of a firearm, stun gun, or
6taser made on or after the effective date of this amendatory
7Act of the 100th General Assembly, failure by the private
8seller to maintain the transfer records in accordance with
9this Section, or failure by a transferee pursuant to
10subsection a-10 of this Section to identify the federally
11licensed firearm dealer maintaining the transfer record, is a
12Class A misdemeanor for the first offense and a Class 4 felony
13for a second or subsequent offense occurring within 10 years
14of the first offense and the second offense was committed
15after conviction of the first offense. Whenever any person who
16has not previously been convicted of any violation of
17subsection (a-5), the court may grant supervision pursuant to
18and consistent with the limitations of Section 5-6-1 of the
19Unified Code of Corrections. A transferee or transferor shall
20not be criminally liable under this Section provided that he
21or she provides the Department of State Police with the
22transfer records in accordance with procedures established by
23the Department. The Department shall establish, by rule, a
24standard form on its website.
25    (b-5) Any resident may purchase ammunition from a person
26within or outside of Illinois if shipment is by United States

 

 

HB0562 Enrolled- 63 -LRB102 02734 SPS 12886 b

1mail or by a private express carrier authorized by federal law
2to ship ammunition. Any resident purchasing ammunition within
3or outside the State of Illinois must provide the seller with a
4copy of his or her valid Firearm Owner's Identification Card
5or valid concealed carry license and either his or her
6Illinois driver's license or Illinois State Identification
7Card prior to the shipment of the ammunition. The ammunition
8may be shipped only to an address on either of those 2
9documents.
10    (c) The provisions of this Section regarding the transfer
11of firearm ammunition shall not apply to those persons
12specified in paragraph (b) of Section 2 of this Act.
13(Source: P.A. 99-29, eff. 7-10-15; 100-1178, eff. 1-18-19.)
 
14    (430 ILCS 65/3.1)  (from Ch. 38, par. 83-3.1)
15    Sec. 3.1. Firearm Transfer Inquiry Program Dial up system.
16    (a) The Department of State Police shall provide a dial up
17telephone system or utilize other existing technology which
18shall be used by any federally licensed firearm dealer, gun
19show promoter, or gun show vendor who is to transfer a firearm,
20stun gun, or taser under the provisions of this Act. The
21Department of State Police may utilize existing technology
22which allows the caller to be charged a fee not to exceed $2.
23Fees collected by the Department of State Police shall be
24deposited in the State Police Firearm Services Fund and used
25to provide the service.

 

 

HB0562 Enrolled- 64 -LRB102 02734 SPS 12886 b

1    (b) Upon receiving a request from a federally licensed
2firearm dealer, gun show promoter, or gun show vendor, the
3Department of State Police shall immediately approve, or
4within the time period established by Section 24-3 of the
5Criminal Code of 2012 regarding the delivery of firearms, stun
6guns, and tasers notify the inquiring dealer, gun show
7promoter, or gun show vendor of any objection that would
8disqualify the transferee from acquiring or possessing a
9firearm, stun gun, or taser. In conducting the inquiry, the
10Department of State Police shall initiate and complete an
11automated search of its criminal history record information
12files and those of the Federal Bureau of Investigation,
13including the National Instant Criminal Background Check
14System, and of the files of the Department of Human Services
15relating to mental health and developmental disabilities to
16obtain any felony conviction or patient hospitalization
17information which would disqualify a person from obtaining or
18require revocation of a currently valid Firearm Owner's
19Identification Card.
20    (b-5) By January 1, 2023, the Illinois State Police shall
21by rule provide a process for the automatic renewal of the
22Firearm Owner's Identification Card of a person at the time of
23an inquiry in subsection (b). Persons eligible for this
24process must have a set of fingerprints on file with their
25application under either subsection (a-25) of Section 4 or the
26Firearm Concealed Carry Act.

 

 

HB0562 Enrolled- 65 -LRB102 02734 SPS 12886 b

1    (c) If receipt of a firearm would not violate Section 24-3
2of the Criminal Code of 2012, federal law, or this Act the
3Department of State Police shall:
4        (1) assign a unique identification number to the
5    transfer; and
6        (2) provide the licensee, gun show promoter, or gun
7    show vendor with the number.
8    (d) Approvals issued by the Department of State Police for
9the purchase of a firearm are valid for 30 days from the date
10of issue.
11    (e) (1) The Department of State Police must act as the
12Illinois Point of Contact for the National Instant Criminal
13Background Check System.
14    (2) The Department of State Police and the Department of
15Human Services shall, in accordance with State and federal law
16regarding confidentiality, enter into a memorandum of
17understanding with the Federal Bureau of Investigation for the
18purpose of implementing the National Instant Criminal
19Background Check System in the State. The Department of State
20Police shall report the name, date of birth, and physical
21description of any person prohibited from possessing a firearm
22pursuant to the Firearm Owners Identification Card Act or 18
23U.S.C. 922(g) and (n) to the National Instant Criminal
24Background Check System Index, Denied Persons Files.
25    (3) The Department of State Police shall provide notice of
26the disqualification of a person under subsection (b) of this

 

 

HB0562 Enrolled- 66 -LRB102 02734 SPS 12886 b

1Section or the revocation of a person's Firearm Owner's
2Identification Card under Section 8 or Section 8.2 of this
3Act, and the reason for the disqualification or revocation, to
4all law enforcement agencies with jurisdiction to assist with
5the seizure of the person's Firearm Owner's Identification
6Card.
7    (f) The Department of State Police shall adopt rules not
8inconsistent with this Section to implement this system.
9(Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17.)
 
10    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
11    Sec. 4. Application for Firearm Owner's Identification
12Cards.
13    (a) Each applicant for a Firearm Owner's Identification
14Card must:
15        (1) Submit an Make application as on blank forms
16    prepared and furnished at convenient locations throughout
17    the State by the Department of State Police, or by
18    electronic means, if and when made available by the
19    Illinois Department of State Police; and
20        (2) Submit evidence to the Department of State Police
21    that:
22            (i) This subparagraph (i) applies through the
23        180th day following the effective date of this
24        amendatory Act of the 101st General Assembly. He or
25        she is 21 years of age or over, or if he or she is

 

 

HB0562 Enrolled- 67 -LRB102 02734 SPS 12886 b

1        under 21 years of age that he or she has the written
2        consent of his or her parent or legal guardian to
3        possess and acquire firearms and firearm ammunition
4        and that he or she has never been convicted of a
5        misdemeanor other than a traffic offense or adjudged
6        delinquent, provided, however, that such parent or
7        legal guardian is not an individual prohibited from
8        having a Firearm Owner's Identification Card and files
9        an affidavit with the Department as prescribed by the
10        Department stating that he or she is not an individual
11        prohibited from having a Card;
12            (i-5) This subparagraph (i-5) applies on and after
13        the 181st day following the effective date of this
14        amendatory Act of the 101st General Assembly. He or
15        she is 21 years of age or over, or if he or she is
16        under 21 years of age that he or she has never been
17        convicted of a misdemeanor other than a traffic
18        offense or adjudged delinquent and is an active duty
19        member of the United States Armed Forces or has the
20        written consent of his or her parent or legal guardian
21        to possess and acquire firearms and firearm
22        ammunition, provided, however, that such parent or
23        legal guardian is not an individual prohibited from
24        having a Firearm Owner's Identification Card and files
25        an affidavit with the Department as prescribed by the
26        Department stating that he or she is not an individual

 

 

HB0562 Enrolled- 68 -LRB102 02734 SPS 12886 b

1        prohibited from having a Card or the active duty
2        member of the United States Armed Forces under 21
3        years of age annually submits proof to the Department
4        of State Police, in a manner prescribed by the
5        Department;
6            (ii) He or she has not been convicted of a felony
7        under the laws of this or any other jurisdiction;
8            (iii) He or she is not addicted to narcotics;
9            (iv) He or she has not been a patient in a mental
10        health facility within the past 5 years or, if he or
11        she has been a patient in a mental health facility more
12        than 5 years ago submit the certification required
13        under subsection (u) of Section 8 of this Act;
14            (v) He or she is not a person with an intellectual
15        disability;
16            (vi) He or she is not an alien who is unlawfully
17        present in the United States under the laws of the
18        United States;
19            (vii) He or she is not subject to an existing order
20        of protection prohibiting him or her from possessing a
21        firearm;
22            (viii) He or she has not been convicted within the
23        past 5 years of battery, assault, aggravated assault,
24        violation of an order of protection, or a
25        substantially similar offense in another jurisdiction,
26        in which a firearm was used or possessed;

 

 

HB0562 Enrolled- 69 -LRB102 02734 SPS 12886 b

1            (ix) He or she has not been convicted of domestic
2        battery, aggravated domestic battery, or a
3        substantially similar offense in another jurisdiction
4        committed before, on or after January 1, 2012 (the
5        effective date of Public Act 97-158). If the applicant
6        knowingly and intelligently waives the right to have
7        an offense described in this clause (ix) tried by a
8        jury, and by guilty plea or otherwise, results in a
9        conviction for an offense in which a domestic
10        relationship is not a required element of the offense
11        but in which a determination of the applicability of
12        18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of
13        the Code of Criminal Procedure of 1963, an entry by the
14        court of a judgment of conviction for that offense
15        shall be grounds for denying the issuance of a Firearm
16        Owner's Identification Card under this Section;
17            (x) (Blank);
18            (xi) He or she is not an alien who has been
19        admitted to the United States under a non-immigrant
20        visa (as that term is defined in Section 101(a)(26) of
21        the Immigration and Nationality Act (8 U.S.C.
22        1101(a)(26))), or that he or she is an alien who has
23        been lawfully admitted to the United States under a
24        non-immigrant visa if that alien is:
25                (1) admitted to the United States for lawful
26            hunting or sporting purposes;

 

 

HB0562 Enrolled- 70 -LRB102 02734 SPS 12886 b

1                (2) an official representative of a foreign
2            government who is:
3                    (A) accredited to the United States
4                Government or the Government's mission to an
5                international organization having its
6                headquarters in the United States; or
7                    (B) en route to or from another country to
8                which that alien is accredited;
9                (3) an official of a foreign government or
10            distinguished foreign visitor who has been so
11            designated by the Department of State;
12                (4) a foreign law enforcement officer of a
13            friendly foreign government entering the United
14            States on official business; or
15                (5) one who has received a waiver from the
16            Attorney General of the United States pursuant to
17            18 U.S.C. 922(y)(3);
18            (xii) He or she is not a minor subject to a
19        petition filed under Section 5-520 of the Juvenile
20        Court Act of 1987 alleging that the minor is a
21        delinquent minor for the commission of an offense that
22        if committed by an adult would be a felony;
23            (xiii) He or she is not an adult who had been
24        adjudicated a delinquent minor under the Juvenile
25        Court Act of 1987 for the commission of an offense that
26        if committed by an adult would be a felony;

 

 

HB0562 Enrolled- 71 -LRB102 02734 SPS 12886 b

1            (xiv) He or she is a resident of the State of
2        Illinois;
3            (xv) He or she has not been adjudicated as a person
4        with a mental disability;
5            (xvi) He or she has not been involuntarily
6        admitted into a mental health facility; and
7            (xvii) He or she is not a person with a
8        developmental disability; and
9        (3) Upon request by the Department of State Police,
10    sign a release on a form prescribed by the Department of
11    State Police waiving any right to confidentiality and
12    requesting the disclosure to the Department of State
13    Police of limited mental health institution admission
14    information from another state, the District of Columbia,
15    any other territory of the United States, or a foreign
16    nation concerning the applicant for the sole purpose of
17    determining whether the applicant is or was a patient in a
18    mental health institution and disqualified because of that
19    status from receiving a Firearm Owner's Identification
20    Card. No mental health care or treatment records may be
21    requested. The information received shall be destroyed
22    within one year of receipt.
23    (a-5) Each applicant for a Firearm Owner's Identification
24Card who is over the age of 18 shall furnish to the Department
25of State Police either his or her Illinois driver's license
26number or Illinois Identification Card number, except as

 

 

HB0562 Enrolled- 72 -LRB102 02734 SPS 12886 b

1provided in subsection (a-10).
2    (a-10) Each applicant for a Firearm Owner's Identification
3Card, who is employed as a law enforcement officer, an armed
4security officer in Illinois, or by the United States Military
5permanently assigned in Illinois and who is not an Illinois
6resident, shall furnish to the Department of State Police his
7or her driver's license number or state identification card
8number from his or her state of residence. The Department of
9State Police may adopt rules to enforce the provisions of this
10subsection (a-10).
11    (a-15) If an applicant applying for a Firearm Owner's
12Identification Card moves from the residence address named in
13the application, he or she shall immediately notify in a form
14and manner prescribed by the Department of State Police of
15that change of address.
16    (a-20) Each applicant for a Firearm Owner's Identification
17Card shall furnish to the Department of State Police his or her
18photograph. An applicant who is 21 years of age or older
19seeking a religious exemption to the photograph requirement
20must furnish with the application an approved copy of United
21States Department of the Treasury Internal Revenue Service
22Form 4029. In lieu of a photograph, an applicant regardless of
23age seeking a religious exemption to the photograph
24requirement shall submit fingerprints on a form and manner
25prescribed by the Department with his or her application.
26    (a-25) Beginning January 1, 2023, each applicant for the

 

 

HB0562 Enrolled- 73 -LRB102 02734 SPS 12886 b

1issuance of a Firearm Owner's Identification Card may include
2a full set of his or her fingerprints in electronic format to
3the Illinois State Police, unless the applicant has previously
4provided a full set of his or her fingerprints to the Illinois
5State Police under this Act or the Firearm Concealed Carry
6Act.
7    The fingerprints must be transmitted through a live scan
8fingerprint vendor licensed by the Department of Financial and
9Professional Regulation. The fingerprints shall be checked
10against the fingerprint records now and hereafter filed in the
11Illinois State Police and Federal Bureau of Investigation
12criminal history records databases, including all available
13State and local criminal history record information files.
14    The Illinois State Police shall charge applicants a
15one-time fee for conducting the criminal history record check,
16which shall be deposited into the State Police Services Fund
17and shall not exceed the actual cost of the State and national
18criminal history record check.
19    (a-26) The Illinois State Police shall research, explore,
20and report to the General Assembly by January 1, 2022 on the
21feasibility of permitting voluntarily submitted fingerprints
22obtained for purposes other than Firearm Owner's
23Identification Card enforcement that are contained in the
24Illinois State Police database for purposes of this Act.
25    (b) Each application form shall include the following
26statement printed in bold type: "Warning: Entering false

 

 

HB0562 Enrolled- 74 -LRB102 02734 SPS 12886 b

1information on an application for a Firearm Owner's
2Identification Card is punishable as a Class 2 felony in
3accordance with subsection (d-5) of Section 14 of the Firearm
4Owners Identification Card Act.".
5    (c) Upon such written consent, pursuant to Section 4,
6paragraph (a)(2)(i), the parent or legal guardian giving the
7consent shall be liable for any damages resulting from the
8applicant's use of firearms or firearm ammunition.
9(Source: P.A. 101-80, eff. 7-12-19.)
 
10    (430 ILCS 65/5)  (from Ch. 38, par. 83-5)
11    Sec. 5. Application and renewal.
12    (a) The Department of State Police shall either approve or
13deny all applications within 30 days from the date they are
14received, except as provided in subsections (b) and (c)
15subsection (b) of this Section, and every applicant found
16qualified under Section 8 of this Act by the Department shall
17be entitled to a Firearm Owner's Identification Card upon the
18payment of a $10 fee and applicable processing fees. The
19processing fees shall be limited to charges by the State
20Treasurer for using the electronic online payment system. Any
21applicant who is an active duty member of the Armed Forces of
22the United States, a member of the Illinois National Guard, or
23a member of the Reserve Forces of the United States is exempt
24from the application fee. $5 of each fee derived from the
25issuance of a Firearm Owner's Identification Card or renewals,

 

 

HB0562 Enrolled- 75 -LRB102 02734 SPS 12886 b

1thereof, shall be deposited in the State Police Firearm
2Services Fund and $5 into the State Police Revocation
3Enforcement Fund $6 of each fee derived from the issuance of
4Firearm Owner's Identification Cards, or renewals thereof,
5shall be deposited in the Wildlife and Fish Fund in the State
6Treasury; $1 of the fee shall be deposited in the State Police
7Services Fund and $3 of the fee shall be deposited in the State
8Police Firearm Services Fund.
9    (b) Renewal applications shall be approved or denied
10within 60 business days, provided the applicant submitted his
11or her renewal application prior to the expiration of his or
12her Firearm Owner's Identification Card. If a renewal
13application has been submitted prior to the expiration date of
14the applicant's Firearm Owner's Identification Card, the
15Firearm Owner's Identification Card shall remain valid while
16the Department processes the application, unless the person is
17subject to or becomes subject to revocation under this Act.
18The cost for a renewal application shall be $10, and may
19include applicable processing fees, which shall be limited to
20charges by the State Treasurer for using the electronic online
21payment system, which shall be deposited into the State Police
22Firearm Services Fund.
23    (c) If the Firearm Owner's Identification Card of a
24licensee under the Firearm Concealed Carry Act expires during
25the term of the licensee's concealed carry license, the
26Firearm Owner's Identification Card and the license remain

 

 

HB0562 Enrolled- 76 -LRB102 02734 SPS 12886 b

1valid and the licensee does not have to renew his or her
2Firearm Owner's Identification Card during the duration of the
3concealed carry license. Unless the Illinois State Police has
4reason to believe the licensee is no longer eligible for the
5card, the Illinois State Police may automatically renew the
6licensee's Firearm Owner's Identification Card and send a
7renewed Firearm Owner's Identification Card to the licensee.
8    (d) The Illinois State Police may adopt rules concerning
9the use of voluntarily submitted fingerprints, as allowed by
10State and federal law.
11(Source: P.A. 100-906, eff. 1-1-19.)
 
12    (430 ILCS 65/6)  (from Ch. 38, par. 83-6)
13    Sec. 6. Contents of Firearm Owner's Identification Card.
14    (a) A Firearm Owner's Identification Card, issued by the
15Department of State Police at such places as the Director of
16the Department shall specify, shall contain the applicant's
17name, residence, date of birth, sex, physical description,
18recent photograph, except as provided in subsection (c-5), and
19signature. Each Firearm Owner's Identification Card must have
20the Firearm Owner's Identification Card number expiration date
21boldly and conspicuously displayed on the face of the card.
22Each Firearm Owner's Identification Card must have printed on
23it the following: "CAUTION - This card does not permit bearer
24to UNLAWFULLY carry or use firearms." Before December 1, 2002,
25the Department may use a person's digital photograph and

 

 

HB0562 Enrolled- 77 -LRB102 02734 SPS 12886 b

1signature from his or her Illinois driver's license or
2Illinois Identification Card, if available. On and after
3December 1, 2002, the Department shall use a person's digital
4photograph and signature from his or her Illinois driver's
5license or Illinois Identification Card, if available. The
6Department shall decline to use a person's digital photograph
7or signature if the digital photograph or signature is the
8result of or associated with fraudulent or erroneous data,
9unless otherwise provided by law.
10    (b) A person applying for a Firearm Owner's Identification
11Card shall consent to the Department of State Police using the
12applicant's digital driver's license or Illinois
13Identification Card photograph, if available, and signature on
14the applicant's Firearm Owner's Identification Card. The
15Secretary of State shall allow the Department of State Police
16access to the photograph and signature for the purpose of
17identifying the applicant and issuing to the applicant a
18Firearm Owner's Identification Card.
19    (c) The Secretary of State shall conduct a study to
20determine the cost and feasibility of creating a method of
21adding an identifiable code, background, or other means on the
22driver's license or Illinois Identification Card to show that
23an individual is not disqualified from owning or possessing a
24firearm under State or federal law. The Secretary shall report
25the findings of this study 12 months after the effective date
26of this amendatory Act of the 92nd General Assembly.

 

 

HB0562 Enrolled- 78 -LRB102 02734 SPS 12886 b

1    (c-5) If a person qualifies for a photograph exemption, in
2lieu of a photograph, the Firearm Owner's Identification Card
3shall contain a copy of the card holder's fingerprints. Each
4Firearm Owner's Identification Card described in this
5subsection (c-5) must have printed on it the following: "This
6card is only valid for firearm purchases through a federally
7licensed firearms dealer when presented with photographic
8identification, as prescribed by 18 U.S.C. 922(t)(1)(C)."
9(Source: P.A. 97-1131, eff. 1-1-13.)
 
10    (430 ILCS 65/6.2 new)
11    Sec. 6.2. Electronic Firearm Owner's Identification Cards.
12Beginning January 1, 2022, the Illinois State Police may
13develop a system under which the holder of a Firearm Owner's
14Identification Card may display an electronic version of his
15or her Firearm Owner's Identification Card on a mobile
16telephone or other portable electronic device. An electronic
17version of a Firearm Owner's Identification Card shall contain
18security features the Illinois State Police determines to be
19necessary to ensure that the electronic version is accurate
20and current and shall satisfy other requirements the Illinois
21State Police determines to be necessary regarding form and
22content. The display or possession of an electronic version of
23a valid Firearm Owner's Identification Card in accordance with
24the requirements of the Illinois State Police satisfies all
25requirements for the display or possession of a valid Firearm

 

 

HB0562 Enrolled- 79 -LRB102 02734 SPS 12886 b

1Owner's Identification Card under the laws of this State. The
2possession or display of an electronic Firearm Owner's
3Identification Card on a mobile telephone or other portable
4electronic device does not constitute consent for a law
5enforcement officer, court, or other officer of the court to
6access other contents of the mobile telephone or other
7portable electronic device. The Illinois State Police may
8adopt rules to implement this Section.
 
9    (430 ILCS 65/7)  (from Ch. 38, par. 83-7)
10    Sec. 7. Validity of Firearm Owner's Identification Card.
11    (a) Except as provided in Section 8 of this Act or
12elsewhere in subsection (b) of this Section, a Firearm Owner's
13Identification Card issued under the provisions of this Act
14shall be valid for the person to whom it is issued for a period
15of 10 years from the date of issuance. Unless the person no
16longer meets the requirements or becomes subject to suspension
17or revocation under this Act, a card issued under an
18application made as provided in subsection (a-25) of Section 4
19shall remain valid if the person meets the requirements of
20subsection (b-5) of Section 3.1.
21    (b) If a renewal application is submitted to the
22Department before the expiration date of the applicant's
23current Firearm Owner's Identification Card, the Firearm
24Owner's Identification Card shall remain valid for a period of
2560 business days, unless the person is subject to or becomes

 

 

HB0562 Enrolled- 80 -LRB102 02734 SPS 12886 b

1subject to revocation under this Act. Unless the person no
2longer meets the requirements or becomes subject to suspension
3or revocation under this Act, a card issued under a renewal
4application made as provided in subsection (a-25) of Section 4
5shall remain valid if the person meets the implementation
6requirements of Section 3.1.
7    (c) Beginning January 1, 2022, if the Firearm Owner's
8Identification Card of a licensee under the Firearm Concealed
9Carry Act expires during the term of the licensee's concealed
10carry license, the Firearm Owner's Identification Card and the
11license remain valid during the validity of the concealed
12carry license and the licensee does not have to renew his or
13her Firearm Owner's Identification Card, if the Firearm
14Owner's Identification Card has not been otherwise renewed as
15provided in this Act. Unless the Illinois State Police has
16reason to believe the licensee is no longer eligible for the
17card, the Illinois State Police may automatically renew the
18licensee's Firearm Owner's Identification Card.
19(Source: P.A. 100-906, eff. 1-1-19.)
 
20    (430 ILCS 65/7.5 new)
21    Sec. 7.5. Email and text message notifications. A person
22subject to this Act may notify the Illinois State Police upon
23application or at any time thereafter that he or she would like
24to receive correspondence from the Illinois State Police via
25email or text message and may opt out of first-class mail. Such

 

 

HB0562 Enrolled- 81 -LRB102 02734 SPS 12886 b

1correspondence may include notification of the status of a
2person's application, suspension, revocation, appeal, and
3other notifications concerning his or her Firearm Owner's
4Identification Card. A person may request email or text
5message, or both. Any person selecting email or text message
6alerts must have either or both the person's email or cellular
7phone number on file with the Illinois State Police.
 
8    (430 ILCS 65/8.2)
9    Sec. 8.2. Firearm Owner's Identification Card denial,
10suspension, or revocation. The Illinois Department of State
11Police shall deny an application or shall suspend or revoke
12and seize a Firearm Owner's Identification Card previously
13issued under this Act if the Department finds that the
14applicant or person to whom such card was issued is or was at
15the time of issuance subject to a protective order issued
16under the laws of this or any other jurisdiction an existing
17order of protection or firearms restraining order. When the
18duration of the protective order is expected to be less than
19one year, the Illinois State Police may suspend the Firearm
20Owner's Identification Card under Section 8.3 of the Act and
21shall reinstate it upon conclusion of the suspension if no
22other grounds for denial or revocation are found under Section
238 of the Act.
24(Source: P.A. 100-607, eff. 1-1-19.)
 

 

 

HB0562 Enrolled- 82 -LRB102 02734 SPS 12886 b

1    (430 ILCS 65/8.3)
2    Sec. 8.3. Suspension of Firearm Owner's Identification
3Card. The Department of State Police may suspend , by rule in a
4manner consistent with the Department's rules concerning
5revocation, provide for the suspension of the Firearm Owner's
6Identification Card of a person whose Firearm Owner's
7Identification Card is subject to revocation and seizure under
8this Act for the duration of the disqualification if the
9disqualification is not a permanent grounds for revocation of
10a Firearm Owner's Identification Card under this Act. The
11Illinois State Police may adopt rules necessary to implement
12this Section.
13(Source: P.A. 100-607, eff. 1-1-19; 100-906, eff. 1-1-19.)
 
14    (430 ILCS 65/8.4 new)
15    Sec. 8.4. Cancellation of Firearm Owner's Identification
16Card. The Illinois State Police may cancel a Firearm Owner's
17Identification Card if a person is not prohibited by State or
18federal law from acquiring or possessing a firearm or firearm
19ammunition and the sole purpose is for an administrative
20reason. This includes, at the request of the Firearm Owner's
21Identification Card holder, a person who surrenders his or her
22Illinois driver's license or Illinois identification card to
23another jurisdiction, or a person's Firearm Owner's
24Identification Card is reported as lost, stolen, or destroyed.
25The Illinois State Police may adopt rules necessary to

 

 

HB0562 Enrolled- 83 -LRB102 02734 SPS 12886 b

1implement this Section.
 
2    (430 ILCS 65/8.5 new)
3    Sec. 8.5. Illinois State Police to monitor databases for
4firearms prohibitors. The Illinois State Police shall
5continuously monitor relevant State and federal databases, as
6allowed by State and federal law, for firearms prohibitors and
7correlate those records with Firearm Owner's Identification
8Card holders to ensure compliance with this Act and any other
9State and federal laws. As used in this Section, "firearms
10prohibitor" means any factor listed in Section 8 or Section
118.2 of this Act or Section 24-3 or 24-3.1 of the Criminal Code
12of 2012 that prohibits a person from transferring or
13possessing a firearm, firearm ammunition, Firearm Owner's
14Identification Card, or concealed carry license.
 
15    (430 ILCS 65/9.5)
16    Sec. 9.5. Revocation of Firearm Owner's Identification
17Card.
18    (a) A person who receives a revocation notice under
19Section 9 of this Act shall, within 48 hours of receiving
20notice of the revocation:
21        (1) surrender his or her Firearm Owner's
22    Identification Card to the local law enforcement agency
23    where the person resides or . The local law enforcement
24    agency shall provide the person a receipt and transmit the

 

 

HB0562 Enrolled- 84 -LRB102 02734 SPS 12886 b

1    Firearm Owner's Identification Card to the Department of
2    State Police; and
3        (2) complete a Firearm Disposition Record on a form
4    prescribed by the Department of State Police and place his
5    or her firearms in the location or with the person
6    reported in the Firearm Disposition Record. The form shall
7    require the person to disclose:
8            (A) the make, model, and serial number of each
9        firearm owned by or under the custody and control of
10        the revoked person;
11            (B) the location where each firearm will be
12        maintained during the prohibited term; and
13            (C) if any firearm will be transferred to the
14        custody of another person, the name, address and
15        Firearm Owner's Identification Card number of the
16        transferee; and .
17            (D) to whom his or her Firearm Owner's
18        Identification Card was surrendered.
19        Once completed, the person shall retain a copy and
20    provide a copy of the Firearm Disposition Record to the
21    Illinois State Police.
22    (b) Upon confirming through the portal created under
23Section 2605-304 of the Department of State Police Law of the
24Civil Administrative Code of Illinois that the Firearm Owner's
25Identification Card has been revoked by the Illinois State
26Police, surrendered cards shall be destroyed by the law

 

 

HB0562 Enrolled- 85 -LRB102 02734 SPS 12886 b

1enforcement agency receiving the cards. If a card has not been
2revoked, the card shall be returned to the cardholder. The
3local law enforcement agency shall provide a copy of the
4Firearm Disposition Record to the person whose Firearm Owner's
5Identification Card has been revoked and to the Department of
6State Police.
7    (b-5) If a court orders the surrender of a Firearms
8Owner's Identification Card and accepts receipt of the Card,
9the court shall destroy the Card and direct the person whose
10Firearm Owner's Identification Card has been surrendered to
11comply with paragraph (2) of subsection (a).
12    (b-10) If the person whose Firearm Owner's Identification
13Card has been revoked has either lost or destroyed the Card,
14the person must still comply with paragraph (2) of subsection
15(a).
16    (b-15) A notation shall be made in the portal created
17under Section 2605-304 of the Department of State Police Law
18of the Civil Administrative Code of Illinois that the revoked
19Firearm Owner's Identification Card has been destroyed.
20    (c) If the person whose Firearm Owner's Identification
21Card has been revoked fails to comply with the requirements of
22this Section, the sheriff or law enforcement agency where the
23person resides may petition the circuit court to issue a
24warrant to search for and seize the Firearm Owner's
25Identification Card and firearms in the possession or under
26the custody or control of the person whose Firearm Owner's

 

 

HB0562 Enrolled- 86 -LRB102 02734 SPS 12886 b

1Identification Card has been revoked.
2    (d) A violation of subsection (a) of this Section is a
3Class A misdemeanor.
4    (e) The observation of a Firearm Owner's Identification
5Card in the possession of a person whose Firearm Owner's
6Identification Card has been revoked constitutes a sufficient
7basis for the arrest of that person for violation of this
8Section.
9    (f) Within 30 days after the effective date of this
10amendatory Act of the 98th General Assembly, the Department of
11State Police shall provide written notice of the requirements
12of this Section to persons whose Firearm Owner's
13Identification Cards have been revoked, suspended, or expired
14and who have failed to surrender their cards to the
15Department.
16    (g) A person whose Firearm Owner's Identification Card has
17been revoked and who received notice under subsection (f)
18shall comply with the requirements of this Section within 48
19hours of receiving notice.
20(Source: P.A. 98-63, eff. 7-9-13.)
 
21    (430 ILCS 65/10)  (from Ch. 38, par. 83-10)
22    Sec. 10. Appeals Appeal to director; hearing; relief from
23firearm prohibitions.
24    (a) Whenever an application for a Firearm Owner's
25Identification Card is denied, whenever the Department fails

 

 

HB0562 Enrolled- 87 -LRB102 02734 SPS 12886 b

1to act on an application within 30 days of its receipt, or
2whenever such a Card is revoked or seized as provided for in
3Section 8 of this Act, the aggrieved party may (1) file a
4record challenge with the Director regarding the record upon
5which the decision to deny or revoke the Firearm Owner's
6Identification Card was based under subsection (a-5); or (2)
7appeal to the Director of the Illinois State Police through
8December 31, 2022, or beginning January 1, 2023, the Firearm
9Owner's Identification Card Review Board for a hearing seeking
10relief from upon such denial or , revocation or seizure,
11unless the denial or , revocation, or seizure was based upon a
12forcible felony, stalking, aggravated stalking, domestic
13battery, any violation of the Illinois Controlled Substances
14Act, the Methamphetamine Control and Community Protection Act,
15or the Cannabis Control Act that is classified as a Class 2 or
16greater felony, any felony violation of Article 24 of the
17Criminal Code of 1961 or the Criminal Code of 2012, or any
18adjudication as a delinquent minor for the commission of an
19offense that if committed by an adult would be a felony, in
20which case the aggrieved party may petition the circuit court
21in writing in the county of his or her residence for a hearing
22seeking relief from upon such denial or , revocation, or
23seizure.
24    (a-5) There is created a Firearm Owner's Identification
25Card Review Board to consider any appeal under subsection (a)
26beginning January 1, 2023, other than an appeal directed to

 

 

HB0562 Enrolled- 88 -LRB102 02734 SPS 12886 b

1the circuit court and except when the applicant is challenging
2the record upon which the decision to deny or revoke was based
3as provided in subsection (a-10).
4        (0.05) In furtherance of the policy of this Act that
5    the Board shall exercise its powers and duties in an
6    independent manner, subject to the provisions of this Act
7    but free from the direction, control, or influence of any
8    other agency or department of State government. All
9    expenses and liabilities incurred by the Board in the
10    performance of its responsibilities hereunder shall be
11    paid from funds which shall be appropriated to the Board
12    by the General Assembly for the ordinary and contingent
13    expenses of the Board.
14        (1) The Board shall consist of 7 members appointed by
15    the Governor, with the advice and consent of the Senate,
16    with 3 members residing within the First Judicial District
17    and one member residing within each of the 4 remaining
18    Judicial Districts. No more than 4 members shall be
19    members of the same political party. The Governor shall
20    designate one member as the chairperson. The Board shall
21    consist of:
22            (A) one member with at least 5 years of service as
23        a federal or State judge;
24            (B) one member with at least 5 years of experience
25        serving as an attorney with the United States
26        Department of Justice, or as a State's Attorney or

 

 

HB0562 Enrolled- 89 -LRB102 02734 SPS 12886 b

1        Assistant State's Attorney;
2            (C) one member with at least 5 years of experience
3        serving as a State or federal public defender or
4        assistant public defender;
5            (D) three members with at least 5 years of
6        experience as a federal, State, or local law
7        enforcement agent or as an employee with investigative
8        experience or duties related to criminal justice under
9        the United States Department of Justice, Drug
10        Enforcement Administration, Department of Homeland
11        Security, Federal Bureau of Investigation, or a State
12        or local law enforcement agency; and
13            (E) one member with at least 5 years of experience
14        as a licensed physician or clinical psychologist with
15        expertise in the diagnosis and treatment of mental
16        illness.
17        (2) The terms of the members initially appointed after
18    the effective date of this amendatory Act of the 102nd
19    General Assembly shall be as follows: one of the initial
20    members shall be appointed for a term of one year, 3 shall
21    be appointed for terms of 2 years, and 3 shall be appointed
22    for terms of 4 years. Thereafter, members shall hold
23    office for 4 years, with terms expiring on the second
24    Monday in January immediately following the expiration of
25    their terms and every 4 years thereafter. Members may be
26    reappointed. Vacancies in the office of member shall be

 

 

HB0562 Enrolled- 90 -LRB102 02734 SPS 12886 b

1    filled in the same manner as the original appointment, for
2    the remainder of the unexpired term. The Governor may
3    remove a member for incompetence, neglect of duty,
4    malfeasance, or inability to serve. Members shall receive
5    compensation in an amount equal to the compensation of
6    members of the Executive Ethics Commission and may be
7    reimbursed, from funds appropriated for such a purpose,
8    for reasonable expenses actually incurred in the
9    performance of their Board duties. The Illinois State
10    Police shall designate an employee to serve as Executive
11    Director of the Board and provide logistical and
12    administrative assistance to the Board.
13        (3) The Board shall meet at least quarterly each year
14    and at the call of the chairperson as often as necessary to
15    consider appeals of decisions made with respect to
16    applications for a Firearm Owner's Identification Card
17    under this Act. If necessary to ensure the participation
18    of a member, the Board shall allow a member to participate
19    in a Board meeting by electronic communication. Any member
20    participating electronically shall be deemed present for
21    purposes of establishing a quorum and voting.
22        (4) The Board shall adopt rules for the review of
23    appeals and the conduct of hearings. The Board shall
24    maintain a record of its decisions and all materials
25    considered in making its decisions. All Board decisions
26    and voting records shall be kept confidential and all

 

 

HB0562 Enrolled- 91 -LRB102 02734 SPS 12886 b

1    materials considered by the Board shall be exempt from
2    inspection except upon order of a court.
3        (5) In considering an appeal, the Board shall review
4    the materials received concerning the denial or revocation
5    by the Illinois State Police. By a vote of at least 4
6    members, the Board may request additional information from
7    the Illinois State Police or the applicant or the
8    testimony of the Illinois State Police or the applicant.
9    The Board may require that the applicant submit electronic
10    fingerprints to the Illinois State Police for an updated
11    background check if the Board determines it lacks
12    sufficient information to determine eligibility. The Board
13    may consider information submitted by the Illinois State
14    Police, a law enforcement agency, or the applicant. The
15    Board shall review each denial or revocation and determine
16    by a majority of members whether an applicant should be
17    granted relief under subsection (c).
18        (6) The Board shall by order issue summary decisions.
19    The Board shall issue a decision within 45 days of
20    receiving all completed appeal documents from the Illinois
21    State Police and the applicant. However, the Board need
22    not issue a decision within 45 days if:
23            (A) the Board requests information from the
24        applicant, including, but not limited to, electronic
25        fingerprints to be submitted to the Illinois State
26        Police, in accordance with paragraph (5) of this

 

 

HB0562 Enrolled- 92 -LRB102 02734 SPS 12886 b

1        subsection, in which case the Board shall make a
2        decision within 30 days of receipt of the required
3        information from the applicant;
4            (B) the applicant agrees, in writing, to allow the
5        Board additional time to consider an appeal; or
6            (C) the Board notifies the applicant and the
7        Illinois State Police that the Board needs an
8        additional 30 days to issue a decision. The Board may
9        only issue 2 extensions under this subparagraph (C).
10        The Board's notification to the applicant and the
11        Illinois State Police shall include an explanation for
12        the extension.
13        (7) If the Board determines that the applicant is
14    eligible for relief under subsection (c), the Board shall
15    notify the applicant and the Illinois State Police that
16    relief has been granted and the Illinois State Police
17    shall issue the Card.
18        (8) Meetings of the Board shall not be subject to the
19    Open Meetings Act and records of the Board shall not be
20    subject to the Freedom of Information Act.
21        (9) The Board shall report monthly to the Governor and
22    the General Assembly on the number of appeals received and
23    provide details of the circumstances in which the Board
24    has determined to deny Firearm Owner's Identification
25    Cards under this subsection (a-5). The report shall not
26    contain any identifying information about the applicants.

 

 

HB0562 Enrolled- 93 -LRB102 02734 SPS 12886 b

1    (a-10) Whenever an applicant or cardholder is not seeking
2relief from a firearms prohibition under subsection (c) but
3rather does not believe the applicant is appropriately denied
4or revoked and is challenging the record upon which the
5decision to deny or revoke the Firearm Owner's Identification
6Card was based, or whenever the Illinois State Police fails to
7act on an application within 30 days of its receipt, the
8applicant shall file such challenge with the Director. The
9Director shall render a decision within 60 business days of
10receipt of all information supporting the challenge. The
11Illinois State Police shall adopt rules for the review of a
12record challenge.
13    (b) At least 30 days before any hearing in the circuit
14court, the petitioner shall serve the relevant State's
15Attorney with a copy of the petition. The State's Attorney may
16object to the petition and present evidence. At the hearing,
17the court shall determine whether substantial justice has been
18done. Should the court determine that substantial justice has
19not been done, the court shall issue an order directing the
20Illinois Department of State Police to issue a Card. However,
21the court shall not issue the order if the petitioner is
22otherwise prohibited from obtaining, possessing, or using a
23firearm under federal law.
24    (c) Any person prohibited from possessing a firearm under
25Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
26acquiring a Firearm Owner's Identification Card under Section

 

 

HB0562 Enrolled- 94 -LRB102 02734 SPS 12886 b

18 of this Act may apply to the Firearm Owner's Identification
2Card Review Board Director of State Police or petition the
3circuit court in the county where the petitioner resides,
4whichever is applicable in accordance with subsection (a) of
5this Section, requesting relief from such prohibition and the
6Board Director or court may grant such relief if it is
7established by the applicant to the court's or the Board's
8Director's satisfaction that:
9        (0.05) when in the circuit court, the State's Attorney
10    has been served with a written copy of the petition at
11    least 30 days before any such hearing in the circuit court
12    and at the hearing the State's Attorney was afforded an
13    opportunity to present evidence and object to the
14    petition;
15        (1) the applicant has not been convicted of a forcible
16    felony under the laws of this State or any other
17    jurisdiction within 20 years of the applicant's
18    application for a Firearm Owner's Identification Card, or
19    at least 20 years have passed since the end of any period
20    of imprisonment imposed in relation to that conviction;
21        (2) the circumstances regarding a criminal conviction,
22    where applicable, the applicant's criminal history and his
23    reputation are such that the applicant will not be likely
24    to act in a manner dangerous to public safety;
25        (3) granting relief would not be contrary to the
26    public interest; and

 

 

HB0562 Enrolled- 95 -LRB102 02734 SPS 12886 b

1        (4) granting relief would not be contrary to federal
2    law.
3    (c-5) (1) An active law enforcement officer employed by a
4unit of government, who is denied, revoked, or has his or her
5Firearm Owner's Identification Card seized under subsection
6(e) of Section 8 of this Act may apply to the Firearm Owner's
7Identification Card Review Board Director of State Police
8requesting relief if the officer did not act in a manner
9threatening to the officer, another person, or the public as
10determined by the treating clinical psychologist or physician,
11and as a result of his or her work is referred by the employer
12for or voluntarily seeks mental health evaluation or treatment
13by a licensed clinical psychologist, psychiatrist, or
14qualified examiner, and:
15        (A) the officer has not received treatment
16    involuntarily at a mental health facility, regardless of
17    the length of admission; or has not been voluntarily
18    admitted to a mental health facility for more than 30 days
19    and not for more than one incident within the past 5 years;
20    and
21        (B) the officer has not left the mental institution
22    against medical advice.
23    (2) The Firearm Owner's Identification Card Review Board
24Director of State Police shall grant expedited relief to
25active law enforcement officers described in paragraph (1) of
26this subsection (c-5) upon a determination by the Board

 

 

HB0562 Enrolled- 96 -LRB102 02734 SPS 12886 b

1Director that the officer's possession of a firearm does not
2present a threat to themselves, others, or public safety. The
3Board Director shall act on the request for relief within 30
4business days of receipt of:
5        (A) a notarized statement from the officer in the form
6    prescribed by the Board Director detailing the
7    circumstances that led to the hospitalization;
8        (B) all documentation regarding the admission,
9    evaluation, treatment and discharge from the treating
10    licensed clinical psychologist or psychiatrist of the
11    officer;
12        (C) a psychological fitness for duty evaluation of the
13    person completed after the time of discharge; and
14        (D) written confirmation in the form prescribed by the
15    Board Director from the treating licensed clinical
16    psychologist or psychiatrist that the provisions set forth
17    in paragraph (1) of this subsection (c-5) have been met,
18    the person successfully completed treatment, and their
19    professional opinion regarding the person's ability to
20    possess firearms.
21    (3) Officers eligible for the expedited relief in
22paragraph (2) of this subsection (c-5) have the burden of
23proof on eligibility and must provide all information
24required. The Board Director may not consider granting
25expedited relief until the proof and information is received.
26    (4) "Clinical psychologist", "psychiatrist", and

 

 

HB0562 Enrolled- 97 -LRB102 02734 SPS 12886 b

1"qualified examiner" shall have the same meaning as provided
2in Chapter I of the Mental Health and Developmental
3Disabilities Code.
4    (c-10) (1) An applicant, who is denied, revoked, or has
5his or her Firearm Owner's Identification Card seized under
6subsection (e) of Section 8 of this Act based upon a
7determination of a developmental disability or an intellectual
8disability may apply to the Firearm Owner's Identification
9Card Review Board Director of State Police requesting relief.
10    (2) The Board Director shall act on the request for relief
11within 60 business days of receipt of written certification,
12in the form prescribed by the Board Director, from a physician
13or clinical psychologist, or qualified examiner, that the
14aggrieved party's developmental disability or intellectual
15disability condition is determined by a physician, clinical
16psychologist, or qualified to be mild. If a fact-finding
17conference is scheduled to obtain additional information
18concerning the circumstances of the denial or revocation, the
1960 business days the Director has to act shall be tolled until
20the completion of the fact-finding conference.
21    (3) The Board Director may grant relief if the aggrieved
22party's developmental disability or intellectual disability is
23mild as determined by a physician, clinical psychologist, or
24qualified examiner and it is established by the applicant to
25the Board's Director's satisfaction that:
26        (A) granting relief would not be contrary to the

 

 

HB0562 Enrolled- 98 -LRB102 02734 SPS 12886 b

1    public interest; and
2        (B) granting relief would not be contrary to federal
3    law.
4    (4) The Board Director may not grant relief if the
5condition is determined by a physician, clinical psychologist,
6or qualified examiner to be moderate, severe, or profound.
7    (5) The changes made to this Section by Public Act 99-29
8this amendatory Act of the 99th General Assembly apply to
9requests for relief pending on or before July 10, 2015 (the
10effective date of Public Act 99-29) this amendatory Act,
11except that the 60-day period for the Director to act on
12requests pending before the effective date shall begin on July
1310, 2015 (the effective date of Public Act 99-29) this
14amendatory Act. All appeals as provided in subsection (a-5),
15pending on January 1, 2023, shall be considered by the Board.
16    (d) When a minor is adjudicated delinquent for an offense
17which if committed by an adult would be a felony, the court
18shall notify the Illinois Department of State Police.
19    (e) The court shall review the denial of an application or
20the revocation of a Firearm Owner's Identification Card of a
21person who has been adjudicated delinquent for an offense that
22if committed by an adult would be a felony if an application
23for relief has been filed at least 10 years after the
24adjudication of delinquency and the court determines that the
25applicant should be granted relief from disability to obtain a
26Firearm Owner's Identification Card. If the court grants

 

 

HB0562 Enrolled- 99 -LRB102 02734 SPS 12886 b

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

 

 

HB0562 Enrolled- 100 -LRB102 02734 SPS 12886 b

115 business days, update, correct, modify, or remove the
2person's record in any database that the Illinois Department
3of State Police makes available to the National Instant
4Criminal Background Check System and notify the United States
5Attorney General that the basis for the record being made
6available no longer applies. The Illinois Department of State
7Police shall adopt rules for the administration of this
8Section.
9(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78,
10eff. 7-20-15.)
 
11    (430 ILCS 65/11)  (from Ch. 38, par. 83-11)
12    Sec. 11. Judicial review of final administrative
13decisions.
14    (a) All final administrative decisions of the Firearm
15Owner's Identification Card Review Board Department under this
16Act, except final administrative decisions of the Firearm
17Owner's Identification Card Review Board Director of State
18Police to deny a person's application for relief under
19subsection (f) of Section 10 of this Act, shall be subject to
20judicial review under the provisions of the Administrative
21Review Law, and all amendments and modifications thereof, and
22the rules adopted pursuant thereto. The term "administrative
23decision" is defined as in Section 3-101 of the Code of Civil
24Procedure.
25    (b) Any final administrative decision by the Firearm

 

 

HB0562 Enrolled- 101 -LRB102 02734 SPS 12886 b

1Owner's Identification Card Review Board Director of State
2Police to deny a person's application for relief under
3subsection (f) of Section 10 of this Act is subject to de novo
4judicial review by the circuit court, and any party may offer
5evidence that is otherwise proper and admissible without
6regard to whether that evidence is part of the administrative
7record.
8    (c) The Firearm Owner's Identification Card Review Board
9Director of State Police shall submit a report to the General
10Assembly on March 1 of each year, beginning March 1, 1991,
11listing all final decisions by a court of this State
12upholding, reversing, or reversing in part any administrative
13decision made by the Department of State Police.
14(Source: P.A. 97-1131, eff. 1-1-13.)
 
15    (430 ILCS 65/13.2)  (from Ch. 38, par. 83-13.2)
16    Sec. 13.2. Renewal; name, photograph, or address change;
17replacement card. The Department of State Police shall, 180 60
18days prior to the expiration of a Firearm Owner's
19Identification Card, forward by first class mail or by other
20means provided in Section 7.5 to each person whose card is to
21expire a notification of the expiration of the card and
22instructions for renewal. It is the obligation of the holder
23of a Firearm Owner's Identification Card to notify the
24Department of State Police of any address change since the
25issuance of the Firearm Owner's Identification Card. The

 

 

HB0562 Enrolled- 102 -LRB102 02734 SPS 12886 b

1Illinois State Police may update the applicant and card
2holders address based upon records in the Secretary of State
3Driver's License or Illinois identification card records of
4applicants who do not have driver's licenses. Whenever any
5person moves from the residence address named on his or her
6card, the person shall within 21 calendar days thereafter
7notify in a form and manner prescribed by the Department of his
8or her old and new residence addresses and the card number held
9by him or her. Any person whose legal name has changed from the
10name on the card that he or she has been previously issued must
11apply for a corrected card within 30 calendar days after the
12change. The cost for an updated or a corrected card shall be
13$5. The cost for replacement of a card which has been lost,
14destroyed, or stolen shall be $5 if the loss, destruction, or
15theft of the card is reported to the Department of State
16Police. The fees collected under this Section shall be
17deposited into the State Police Firearm Services Fund.
18(Source: P.A. 100-906, eff. 1-1-19.)
 
19    (430 ILCS 65/13.4 new)
20    Sec. 13.4. Illinois State Police; rule making authority.
21The Illinois State Police shall by rule adopt the following
22procedures:
23    (1) When a person who possesses a valid Firearm Owner's
24Identification Card applies for and is approved for a
25concealed carry license, the valid Firearm Owner's

 

 

HB0562 Enrolled- 103 -LRB102 02734 SPS 12886 b

1Identification Card is renewed for 10 years from the time of
2approval instead of 10 years from the date of the original
3card.
4    (2) If a person is eligible for both a Firearm Owner's
5Identification Card and a concealed carry license, the
6Illinois State Police shall by rule create one card that may be
7used as both a Firearm Owner's Identification Card and a
8concealed carry license. A combined Firearm Owner's
9Identification Card and concealed carry license shall be
10considered a valid card for the purposes of this Act. If a
11person who possesses a combined Firearm Owner's Identification
12Card and a concealed carry license becomes subject to
13suspension or revocation under the Firearm Concealed Carry
14Act, but is otherwise eligible for a valid Firearm Owner's
15Identification Card, the Illinois State Police shall ensure
16the person's Firearm Owner's Identification Card status is not
17interrupted. The Illinois State Police shall adopt rules to
18implement this Section.
 
19    Section 25. The Firearm Concealed Carry Act is amended by
20changing Sections 10, 20, 30, 50, 55, and 70 and by adding
21Sections 10.5, 10.6, and 66 as follows:
 
22    (430 ILCS 66/10)
23    Sec. 10. Issuance of licenses to carry a concealed
24firearm.

 

 

HB0562 Enrolled- 104 -LRB102 02734 SPS 12886 b

1    (a) The Department shall issue a license to carry a
2concealed firearm under this Act to an applicant who:
3        (1) meets the qualifications of Section 25 of this
4    Act;
5        (2) has provided the application and documentation
6    required in Section 30 of this Act;
7        (3) has submitted the requisite fees; and
8        (4) does not pose a danger to himself, herself, or
9    others, or a threat to public safety as determined by the
10    Concealed Carry Licensing Review Board in accordance with
11    Section 20.
12    (b) The Department shall issue a renewal, corrected, or
13duplicate license as provided in this Act.
14    (c) A license shall be valid throughout the State for a
15period of 5 years from the date of issuance. A license shall
16permit the licensee to:
17        (1) carry a loaded or unloaded concealed firearm,
18    fully concealed or partially concealed, on or about his or
19    her person; and
20        (2) keep or carry a loaded or unloaded concealed
21    firearm on or about his or her person within a vehicle.
22    (d) The Department shall make applications for a license
23available no later than 180 days after the effective date of
24this Act. The Department shall establish rules for the
25availability and submission of applications in accordance with
26this Act.

 

 

HB0562 Enrolled- 105 -LRB102 02734 SPS 12886 b

1    (e) An application for a license submitted to the
2Department that contains all the information and materials
3required by this Act, including the requisite fee, shall be
4deemed completed. Except as otherwise provided in this Act, no
5later than 90 days after receipt of a completed application,
6the Department shall issue or deny the applicant a license.
7The Illinois State Police shall notify the applicant for a
8concealed carry license, electronically, to confirm if all the
9required information and materials have been received. If an
10applicant for a concealed carry license submits his or her
11application electronically, the Illinois State Police shall
12notify the applicant electronically if his or her application
13is missing information or materials.
14    (f) The Department shall deny the applicant a license if
15the applicant fails to meet the requirements under this Act or
16the Department receives a determination from the Board that
17the applicant is ineligible for a license. The Department must
18notify the applicant stating the grounds for the denial. The
19notice of denial must inform the applicant of his or her right
20to an appeal through administrative and judicial review.
21    (g) A licensee shall possess a license at all times the
22licensee carries a concealed firearm except:
23        (1) when the licensee is carrying or possessing a
24    concealed firearm on his or her land or in his or her
25    abode, legal dwelling, or fixed place of business, or on
26    the land or in the legal dwelling of another person as an

 

 

HB0562 Enrolled- 106 -LRB102 02734 SPS 12886 b

1    invitee with that person's permission;
2        (2) when the person is authorized to carry a firearm
3    under Section 24-2 of the Criminal Code of 2012, except
4    subsection (a-5) of that Section; or
5        (3) when the handgun is broken down in a
6    non-functioning state, is not immediately accessible, or
7    is unloaded and enclosed in a case.
8    (h) If an officer of a law enforcement agency initiates an
9investigative stop, including but not limited to a traffic
10stop, of a licensee or a non-resident carrying a concealed
11firearm under subsection (e) of Section 40 of this Act, upon
12the request of the officer the licensee or non-resident shall
13disclose to the officer that he or she is in possession of a
14concealed firearm under this Act, or present the license upon
15the request of the officer if he or she is a licensee or
16present upon the request of the officer evidence under
17paragraph (2) of subsection (e) of Section 40 of this Act that
18he or she is a non-resident qualified to carry under that
19subsection. The disclosure requirement under this subsection
20(h) is satisfied if the licensee presents his or her license to
21the officer or the non-resident presents to the officer
22evidence under paragraph (2) of subsection (e) of Section 40
23of this Act that he or she is qualified to carry under that
24subsection. Upon the request of the officer, the licensee or
25non-resident shall also identify the location of the concealed
26firearm and permit the officer to safely secure the firearm

 

 

HB0562 Enrolled- 107 -LRB102 02734 SPS 12886 b

1for the duration of the investigative stop. During a traffic
2stop, any passenger within the vehicle who is a licensee or a
3non-resident carrying under subsection (e) of Section 40 of
4this Act must comply with the requirements of this subsection
5(h).
6    (h-1) If a licensee carrying a firearm or a non-resident
7carrying a firearm in a vehicle under subsection (e) of
8Section 40 of this Act is contacted by a law enforcement
9officer or emergency services personnel, the law enforcement
10officer or emergency services personnel may secure the firearm
11or direct that it be secured during the duration of the contact
12if the law enforcement officer or emergency services personnel
13determines that it is necessary for the safety of any person
14present, including the law enforcement officer or emergency
15services personnel. The licensee or nonresident shall submit
16to the order to secure the firearm. When the law enforcement
17officer or emergency services personnel have determined that
18the licensee or non-resident is not a threat to the safety of
19any person present, including the law enforcement officer or
20emergency services personnel, and if the licensee or
21non-resident is physically and mentally capable of possessing
22the firearm, the law enforcement officer or emergency services
23personnel shall return the firearm to the licensee or
24non-resident before releasing him or her from the scene and
25breaking contact. If the licensee or non-resident is
26transported for treatment to another location, the firearm

 

 

HB0562 Enrolled- 108 -LRB102 02734 SPS 12886 b

1shall be turned over to any peace officer. The peace officer
2shall provide a receipt which includes the make, model,
3caliber, and serial number of the firearm.
4    (i) The Department shall maintain a database of license
5applicants and licensees. The database shall be available to
6all federal, State, and local law enforcement agencies,
7State's Attorneys, the Attorney General, and authorized court
8personnel. Within 180 days after the effective date of this
9Act, the database shall be searchable and provide all
10information included in the application, including the
11applicant's previous addresses within the 10 years prior to
12the license application and any information related to
13violations of this Act. No law enforcement agency, State's
14Attorney, Attorney General, or member or staff of the
15judiciary shall provide any information to a requester who is
16not entitled to it by law.
17    (j) No later than 10 days after receipt of a completed
18application, the Department shall enter the relevant
19information about the applicant into the database under
20subsection (i) of this Section which is accessible by law
21enforcement agencies.
22    (k) The Illinois State Police shall continuously monitor
23relevant State and federal databases for firearms prohibitors
24and correlate those records with concealed carry license
25holders to ensure compliance with this Act, or State and
26federal law. The Illinois State Police may adopt rules to

 

 

HB0562 Enrolled- 109 -LRB102 02734 SPS 12886 b

1implement this subsection.
2(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29,
3eff. 7-10-15.)
 
4    (430 ILCS 66/10.5 new)
5    Sec. 10.5. Electronic concealed carry licenses. The
6Illinois State Police may develop a system under which the
7holder of a concealed carry license may display an electronic
8version of his or her license on a mobile telephone or other
9portable electronic device. An electronic version of a
10concealed carry license shall contain security features the
11Illinois State Police determines to be necessary to ensure
12that the electronic version is accurate and current and shall
13satisfy other requirements the Illinois State Police
14determines to be necessary regarding form and content. The
15display or possession of an electronic version of a valid
16concealed carry license in accordance with the requirements of
17the Illinois State Police satisfies all requirements for the
18display or possession of a valid concealed carry license under
19the laws of this State. The possession or display of an
20electronic concealed carry license on a mobile telephone or
21other portable electronic device does not constitute consent
22for a law enforcement officer, court, or other officer of the
23court to access other contents of the mobile telephone or
24other portable electronic device. The Illinois State Police
25may adopt rules to implement this Section.
 

 

 

HB0562 Enrolled- 110 -LRB102 02734 SPS 12886 b

1    (430 ILCS 66/10.6 new)
2    Sec. 10.6. Email and text messages notifications. A person
3subject to this Act may notify the Department upon application
4or at any time thereafter that he or she would like to receive
5correspondence from the Illinois State Police via email or
6text message and may opt out of first-class mail. Such
7correspondence may include notification of the status of a
8person's application, suspension, revocation, appeal, and
9other notifications concerning his or her concealed carry
10license. A person may request email or text message, or both.
11Any person selecting email or text message alerts must have
12either or both the person's email or cellular phone number on
13file with the Illinois State Police.
 
14    (430 ILCS 66/20)
15    Sec. 20. Concealed Carry Licensing Review Board.
16    (a) There is hereby created within the Department of State
17Police a Concealed Carry Licensing Review Board to consider
18any objection to an applicant's eligibility to obtain a
19license under this Act submitted by a law enforcement agency
20or the Department under Section 15 of this Act. The Board shall
21consist of 7 commissioners to be appointed by the Governor,
22with the advice and consent of the Senate, with 3
23commissioners residing within the First Judicial District and
24one commissioner residing within each of the 4 remaining

 

 

HB0562 Enrolled- 111 -LRB102 02734 SPS 12886 b

1Judicial Districts. No more than 4 commissioners shall be
2members of the same political party. The Governor shall
3designate one commissioner as the Chairperson. The Board shall
4consist of:
5        (1) one commissioner with at least 5 years of service
6    as a federal judge;
7        (2) 2 commissioners with at least 5 years of
8    experience serving as an attorney with the United States
9    Department of Justice;
10        (3) 3 commissioners with at least 5 years of
11    experience as a federal agent or employee with
12    investigative experience or duties related to criminal
13    justice under the United States Department of Justice,
14    Drug Enforcement Administration, Department of Homeland
15    Security, or Federal Bureau of Investigation; and
16        (4) one member with at least 5 years of experience as a
17    licensed physician or clinical psychologist with expertise
18    in the diagnosis and treatment of mental illness.
19    (b) The initial terms of the commissioners shall end on
20January 12, 2015. Notwithstanding any provision in this
21Section to the contrary, the term of office of each
22commissioner of the Concealed Carry Licensing Review Board is
23abolished on the effective date of this amendatory Act of the
24102nd General Assembly. The terms of the commissioners
25appointed on or after the effective date of this amendatory
26Act of the 102nd General Assembly shall be as follows: one of

 

 

HB0562 Enrolled- 112 -LRB102 02734 SPS 12886 b

1the initial members shall be appointed for a term of one year,
23 shall be appointed for terms of 2 years, and 3 shall be
3appointed for terms of 4 years. Thereafter, the commissioners
4shall hold office for 4 years, with terms expiring on the
5second Monday in January of the fourth year. Commissioners may
6be reappointed. Vacancies in the office of commissioner shall
7be filled in the same manner as the original appointment, for
8the remainder of the unexpired term. The Governor may remove a
9commissioner for incompetence, neglect of duty, malfeasance,
10or inability to serve. Commissioners shall receive
11compensation in an amount equal to the compensation of members
12of the Executive Ethics Commission and may be reimbursed for
13reasonable expenses actually incurred in the performance of
14their Board duties, from funds appropriated for that purpose.
15    (c) The Board shall meet at the call of the chairperson as
16often as necessary to consider objections to applications for
17a license under this Act. If necessary to ensure the
18participation of a commissioner, the Board shall allow a
19commissioner to participate in a Board meeting by electronic
20communication. Any commissioner participating electronically
21shall be deemed present for purposes of establishing a quorum
22and voting.
23    (d) The Board shall adopt rules for the review of
24objections and the conduct of hearings. The Board shall
25maintain a record of its decisions and all materials
26considered in making its decisions. All Board decisions and

 

 

HB0562 Enrolled- 113 -LRB102 02734 SPS 12886 b

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

 

 

HB0562 Enrolled- 114 -LRB102 02734 SPS 12886 b

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

 

 

HB0562 Enrolled- 115 -LRB102 02734 SPS 12886 b

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

 

 

HB0562 Enrolled- 116 -LRB102 02734 SPS 12886 b

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

 

 

HB0562 Enrolled- 117 -LRB102 02734 SPS 12886 b

1    within the previous year, and if so, the provider of the
2    test, the specific substance involved, and the date of the
3    test;
4        (7) written consent for the Department to review and
5    use the applicant's Illinois digital driver's license or
6    Illinois identification card photograph and signature;
7        (8) unless submitted under subsection (a-25) of
8    Section 4 of the Firearm Owners Identification Card Act, a
9    full set of fingerprints submitted to the Department in
10    electronic format, provided the Department may accept an
11    application submitted without a set of fingerprints in
12    which case the Department shall be granted 30 days in
13    addition to the 90 days provided under subsection (e) of
14    Section 10 of this Act to issue or deny a license;
15        (9) a head and shoulder color photograph in a size
16    specified by the Department taken within the 30 days
17    preceding the date of the license application; and
18        (10) a photocopy of any certificates or other evidence
19    of compliance with the training requirements under this
20    Act.
21(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
 
22    (430 ILCS 66/50)
23    Sec. 50. License renewal.
24    (a) This subsection (a) applies through the 180th day
25following the effective date of this amendatory Act of the

 

 

HB0562 Enrolled- 118 -LRB102 02734 SPS 12886 b

1101st General Assembly. The Illinois State Police shall, 180
2days prior to the expiration of a concealed carry license
3notify each person whose license is to expire a notification
4of the expiration of the license and instructions for renewal.
5Applications for renewal of a license shall be made to the
6Department. A license shall be renewed for a period of 5 years
7upon receipt of a completed renewal application, completion of
83 hours of training required under Section 75 of this Act,
9payment of the applicable renewal fee, and completion of an
10investigation under Section 35 of this Act. The renewal
11application shall contain the information required in Section
1230 of this Act, except that the applicant need not resubmit a
13full set of fingerprints.
14    (b) This subsection (b) applies on and after the 181st day
15following the effective date of this amendatory Act of the
16101st General Assembly. Applications for renewal of a license
17shall be made to the Department. A license shall be renewed for
18a period of 5 years from the date of expiration on the
19applicant's current license upon the receipt of a completed
20renewal application, completion of 3 hours of training
21required under Section 75 of this Act, payment of the
22applicable renewal fee, and completion of an investigation
23under Section 35 of this Act. The renewal application shall
24contain the information required in Section 30 of this Act,
25except that the applicant need not resubmit a full set of
26fingerprints.

 

 

HB0562 Enrolled- 119 -LRB102 02734 SPS 12886 b

1(Source: P.A. 101-80, eff. 7-12-19.)
 
2    (430 ILCS 66/55)
3    Sec. 55. Change of address or name; lost, destroyed, or
4stolen licenses.
5    (a) A licensee shall notify the Department within 30 days
6of moving or changing residence or any change of name. The
7licensee shall submit the requisite fee and the Department may
8require a notarized statement that the licensee has changed
9his or her residence or his or her name, including the prior
10and current address or name and the date the applicant moved or
11changed his or her name.
12    (b) A licensee shall notify the Department within 10 days
13of discovering that a license has been lost, destroyed, or
14stolen. A lost, destroyed, or stolen license is invalid. To
15request a replacement license, the licensee shall submit:
16        (1) a written or electronic acknowledgment notarized
17    statement that the licensee no longer possesses the
18    license, and that it was lost, destroyed, or stolen;
19        (2) if applicable, a copy of a police report stating
20    that the license was stolen; and
21        (3) the requisite fee.
22    (c) A violation of this Section is a petty offense with a
23fine of $150 which shall be deposited into the Mental Health
24Reporting Fund.
25(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
 

 

 

HB0562 Enrolled- 120 -LRB102 02734 SPS 12886 b

1    (430 ILCS 66/66 new)
2    Sec. 66. Illinois State Police to monitor databases for
3firearms prohibitors. The Illinois State Police shall
4continuously monitor relevant State and federal databases for
5firearms prohibitors and correlate those records with
6concealed carry license holders to ensure compliance with this
7Act and any other State and federal laws. As used in this
8Section, "firearms prohibitor" means any factor listed in
9Section 8 or Section 8.2 of the Firearm Owners Identification
10Card Act or Section 24-3 or 24-3.1 of the Criminal Code of 2012
11that prohibits a person from transferring or possessing a
12firearm, firearm ammunition, Firearm Owner's Identification
13Card, or concealed carry license.
 
14    (430 ILCS 66/70)
15    Sec. 70. Violations.
16    (a) A license issued or renewed under this Act shall be
17revoked if, at any time, the licensee is found to be ineligible
18for a license under this Act or the licensee no longer meets
19the eligibility requirements of the Firearm Owners
20Identification Card Act.
21    (b) A license shall be suspended if an order of
22protection, including an emergency order of protection,
23plenary order of protection, or interim order of protection
24under Article 112A of the Code of Criminal Procedure of 1963 or

 

 

HB0562 Enrolled- 121 -LRB102 02734 SPS 12886 b

1under the Illinois Domestic Violence Act of 1986, or if a
2firearms restraining order, including an emergency firearms
3restraining order, under the Firearms Restraining Order Act,
4is issued against a licensee for the duration of the order, or
5if the Department is made aware of a similar order issued
6against the licensee in any other jurisdiction. If an order of
7protection is issued against a licensee, the licensee shall
8surrender the license, as applicable, to the court at the time
9the order is entered or to the law enforcement agency or entity
10serving process at the time the licensee is served the order.
11The court, law enforcement agency, or entity responsible for
12serving the order of protection shall notify the Department
13within 7 days and transmit the license to the Department.
14    (c) A license is invalid upon expiration of the license,
15unless the licensee has submitted an application to renew the
16license, and the applicant is otherwise eligible to possess a
17license under this Act.
18    (d) A licensee shall not carry a concealed firearm while
19under the influence of alcohol, other drug or drugs,
20intoxicating compound or combination of compounds, or any
21combination thereof, under the standards set forth in
22subsection (a) of Section 11-501 of the Illinois Vehicle Code.
23    A licensee in violation of this subsection (d) shall be
24guilty of a Class A misdemeanor for a first or second violation
25and a Class 4 felony for a third violation. The Department may
26suspend a license for up to 6 months for a second violation and

 

 

HB0562 Enrolled- 122 -LRB102 02734 SPS 12886 b

1shall permanently revoke a license for a third violation.
2    (e) Except as otherwise provided, a licensee in violation
3of this Act shall be guilty of a Class B misdemeanor. A second
4or subsequent violation is a Class A misdemeanor. The
5Department may suspend a license for up to 6 months for a
6second violation and shall permanently revoke a license for 3
7or more violations of Section 65 of this Act. Any person
8convicted of a violation under this Section shall pay a $150
9fee to be deposited into the Mental Health Reporting Fund,
10plus any applicable court costs or fees.
11    (f) A licensee convicted or found guilty of a violation of
12this Act who has a valid license and is otherwise eligible to
13carry a concealed firearm shall only be subject to the
14penalties under this Section and shall not be subject to the
15penalties under Section 21-6, paragraph (4), (8), or (10) of
16subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
17of paragraph (3) of subsection (a) of Section 24-1.6 of the
18Criminal Code of 2012. Except as otherwise provided in this
19subsection, nothing in this subsection prohibits the licensee
20from being subjected to penalties for violations other than
21those specified in this Act.
22    (g) A licensee whose license is revoked, suspended, or
23denied shall, within 48 hours of receiving notice of the
24revocation, suspension, or denial, surrender his or her
25concealed carry license to the local law enforcement agency
26where the person resides. The local law enforcement agency

 

 

HB0562 Enrolled- 123 -LRB102 02734 SPS 12886 b

1shall provide the licensee a receipt and transmit the
2concealed carry license to the Department of State Police. If
3the licensee whose concealed carry license has been revoked,
4suspended, or denied fails to comply with the requirements of
5this subsection, the law enforcement agency where the person
6resides may petition the circuit court to issue a warrant to
7search for and seize the concealed carry license in the
8possession and under the custody or control of the licensee
9whose concealed carry license has been revoked, suspended, or
10denied. The observation of a concealed carry license in the
11possession of a person whose license has been revoked,
12suspended, or denied constitutes a sufficient basis for the
13arrest of that person for violation of this subsection. A
14violation of this subsection is a Class A misdemeanor.
15    (h) Except as otherwise provided in subsection (h-5), a A
16license issued or renewed under this Act shall be revoked if,
17at any time, the licensee is found ineligible for a Firearm
18Owner's Identification Card, or the licensee no longer
19possesses a valid Firearm Owner's Identification Card. If the
20Firearm Owner's Identification Card is expired or suspended
21rather than denied or revoked, the license may be suspended
22for a period of up to one year to allow the licensee to
23reinstate his or her Firearm Owner's Identification Card. The
24Illinois State Police shall adopt rules to enforce this
25subsection. A licensee whose license is revoked under this
26subsection (h) shall surrender his or her concealed carry

 

 

HB0562 Enrolled- 124 -LRB102 02734 SPS 12886 b

1license as provided for in subsection (g) of this Section.
2    This subsection shall not apply to a person who has filed
3an application with the State Police for renewal of a Firearm
4Owner's Identification Card and who is not otherwise
5ineligible to obtain a Firearm Owner's Identification Card.
6    (h-5) If the Firearm Owner's Identification Card of a
7licensee under this Act expires during the term of the license
8issued under this Act, the license and the Firearm Owner's
9Identification Card remain valid, and the Illinois State
10Police may automatically renew the licensee's Firearm Owner's
11Identification Card as provided in subsection (c) of Section 5
12of the Firearm Owners Identification Card Act.
13    (i) A certified firearms instructor who knowingly provides
14or offers to provide a false certification that an applicant
15has completed firearms training as required under this Act is
16guilty of a Class A misdemeanor. A person guilty of a violation
17of this subsection (i) is not eligible for court supervision.
18The Department shall permanently revoke the firearms
19instructor certification of a person convicted under this
20subsection (i).
21(Source: P.A. 100-607, eff. 1-1-19.)
 
22    Section 26. The Firearms Restraining Order Act is amended
23by changing Sections 35 and 40 as follows:
 
24    (430 ILCS 67/35)

 

 

HB0562 Enrolled- 125 -LRB102 02734 SPS 12886 b

1    Sec. 35. Ex parte orders and emergency hearings.
2    (a) A petitioner may request an emergency firearms
3restraining order by filing an affidavit or verified pleading
4alleging that the respondent poses an immediate and present
5danger of causing personal injury to himself, herself, or
6another by having in his or her custody or control,
7purchasing, possessing, or receiving a firearm. The petition
8shall also describe the type and location of any firearm or
9firearms presently believed by the petitioner to be possessed
10or controlled by the respondent.
11    (b) If the respondent is alleged to pose an immediate and
12present danger of causing personal injury to an intimate
13partner, or an intimate partner is alleged to have been the
14target of a threat or act of violence by the respondent, the
15petitioner shall make a good faith effort to provide notice to
16any and all intimate partners of the respondent. The notice
17must include that the petitioner intends to petition the court
18for an emergency firearms restraining order, and, if the
19petitioner is a law enforcement officer, referral to relevant
20domestic violence or stalking advocacy or counseling
21resources, if appropriate. The petitioner shall attest to
22having provided the notice in the filed affidavit or verified
23pleading. If, after making a good faith effort, the petitioner
24is unable to provide notice to any or all intimate partners,
25the affidavit or verified pleading should describe what
26efforts were made.

 

 

HB0562 Enrolled- 126 -LRB102 02734 SPS 12886 b

1    (c) Every person who files a petition for an emergency
2firearms restraining order, knowing the information provided
3to the court at any hearing or in the affidavit or verified
4pleading to be false, is guilty of perjury under Section 32-2
5of the Criminal Code of 2012.
6    (d) An emergency firearms restraining order shall be
7issued on an ex parte basis, that is, without notice to the
8respondent.
9    (e) An emergency hearing held on an ex parte basis shall be
10held the same day that the petition is filed or the next day
11that the court is in session.
12    (f) If a circuit or associate judge finds probable cause
13to believe that the respondent poses an immediate and present
14danger of causing personal injury to himself, herself, or
15another by having in his or her custody or control,
16purchasing, possessing, or receiving a firearm, the circuit or
17associate judge shall issue an emergency order.
18    (f-5) If the court issues an emergency firearms
19restraining order, it shall, upon a finding of probable cause
20that the respondent possesses firearms, issue a search warrant
21directing a law enforcement agency to seize the respondent's
22firearms. The court may, as part of that warrant, direct the
23law enforcement agency to search the respondent's residence
24and other places where the court finds there is probable cause
25to believe he or she is likely to possess the firearms.
26    (g) An emergency firearms restraining order shall require:

 

 

HB0562 Enrolled- 127 -LRB102 02734 SPS 12886 b

1        (1) the respondent to refrain from having in his or
2    her custody or control, purchasing, possessing, or
3    receiving additional firearms for the duration of the
4    order under Section 8.2 of the Firearm Owners
5    Identification Card Act; and
6        (2) the respondent to comply with Section 9.5 of the
7    Firearm Owners Identification Card Act turn over to the
8    local law enforcement agency any Firearm Owner's
9    Identification Card and subsection (g) of Section 70 of
10    the Firearm Concealed Carry Act concealed carry license in
11    his or her possession. The local law enforcement agency
12    shall immediately mail the card and concealed carry
13    license to the Department of State Police Firearm Services
14    Bureau for safekeeping. The firearm or firearms and
15    Firearm Owner's Identification Card and concealed carry
16    license, if unexpired, shall be returned to the respondent
17    after the firearms restraining order is terminated or
18    expired.
19    (h) Except as otherwise provided in subsection (h-5) of
20this Section, upon expiration of the period of safekeeping, if
21the firearms or Firearm Owner's Identification Card and
22concealed carry license cannot be returned to the respondent
23because the respondent cannot be located, fails to respond to
24requests to retrieve the firearms, or is not lawfully eligible
25to possess a firearm, upon petition from the local law
26enforcement agency, the court may order the local law

 

 

HB0562 Enrolled- 128 -LRB102 02734 SPS 12886 b

1enforcement agency to destroy the firearms, use the firearms
2for training purposes, or use the firearms for any other
3application as deemed appropriate by the local law enforcement
4agency.
5    (h-5) On or before January 1, 2022, a A respondent whose
6Firearm Owner's Identification Card has been revoked or
7suspended may petition the court, if the petitioner is present
8in court or has notice of the respondent's petition, to
9transfer the respondent's firearm to a person who is lawfully
10able to possess the firearm if the person does not reside at
11the same address as the respondent. Notice of the petition
12shall be served upon the person protected by the emergency
13firearms restraining order. While the order is in effect, the
14transferee who receives the respondent's firearms must swear
15or affirm by affidavit that he or she shall not transfer the
16firearm to the respondent or to anyone residing in the same
17residence as the respondent.
18    (h-6) If a person other than the respondent claims title
19to any firearms surrendered under this Section, he or she may
20petition the court, if the petitioner is present in court or
21has notice of the petition, to have the firearm returned to him
22or her. If the court determines that person to be the lawful
23owner of the firearm, the firearm shall be returned to him or
24her, provided that:
25        (1) the firearm is removed from the respondent's
26    custody, control, or possession and the lawful owner

 

 

HB0562 Enrolled- 129 -LRB102 02734 SPS 12886 b

1    agrees to store the firearm in a manner such that the
2    respondent does not have access to or control of the
3    firearm; and
4        (2) the firearm is not otherwise unlawfully possessed
5    by the owner.
6    The person petitioning for the return of his or her
7firearm must swear or affirm by affidavit that he or she: (i)
8is the lawful owner of the firearm; (ii) shall not transfer the
9firearm to the respondent; and (iii) will store the firearm in
10a manner that the respondent does not have access to or control
11of the firearm.
12    (i) In accordance with subsection (e) of this Section, the
13court shall schedule a full hearing as soon as possible, but no
14longer than 14 days from the issuance of an ex parte firearms
15restraining order, to determine if a 6-month firearms
16restraining order shall be issued. The court may extend an ex
17parte order as needed, but not to exceed 14 days, to effectuate
18service of the order or if necessary to continue protection.
19The court may extend the order for a greater length of time by
20mutual agreement of the parties.
21(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
22    (430 ILCS 67/40)
23    Sec. 40. Six-month orders.
24    (a) A petitioner may request a 6-month firearms
25restraining order by filing an affidavit or verified pleading

 

 

HB0562 Enrolled- 130 -LRB102 02734 SPS 12886 b

1alleging that the respondent poses a significant danger of
2causing personal injury to himself, herself, or another in the
3near future by having in his or her custody or control,
4purchasing, possessing, or receiving a firearm. The petition
5shall also describe the number, types, and locations of any
6firearms presently believed by the petitioner to be possessed
7or controlled by the respondent.
8    (b) If the respondent is alleged to pose a significant
9danger of causing personal injury to an intimate partner, or
10an intimate partner is alleged to have been the target of a
11threat or act of violence by the respondent, the petitioner
12shall make a good faith effort to provide notice to any and all
13intimate partners of the respondent. The notice must include
14that the petitioner intends to petition the court for a
156-month firearms restraining order, and, if the petitioner is
16a law enforcement officer, referral to relevant domestic
17violence or stalking advocacy or counseling resources, if
18appropriate. The petitioner shall attest to having provided
19the notice in the filed affidavit or verified pleading. If,
20after making a good faith effort, the petitioner is unable to
21provide notice to any or all intimate partners, the affidavit
22or verified pleading should describe what efforts were made.
23    (c) Every person who files a petition for a 6-month
24firearms restraining order, knowing the information provided
25to the court at any hearing or in the affidavit or verified
26pleading to be false, is guilty of perjury under Section 32-2

 

 

HB0562 Enrolled- 131 -LRB102 02734 SPS 12886 b

1of the Criminal Code of 2012.
2    (d) Upon receipt of a petition for a 6-month firearms
3restraining order, the court shall order a hearing within 30
4days.
5    (e) In determining whether to issue a firearms restraining
6order under this Section, the court shall consider evidence
7including, but not limited to, the following:
8        (1) The unlawful and reckless use, display, or
9    brandishing of a firearm by the respondent.
10        (2) The history of use, attempted use, or threatened
11    use of physical force by the respondent against another
12    person.
13        (3) Any prior arrest of the respondent for a felony
14    offense.
15        (4) Evidence of the abuse of controlled substances or
16    alcohol by the respondent.
17        (5) A recent threat of violence or act of violence by
18    the respondent directed toward himself, herself, or
19    another.
20        (6) A violation of an emergency order of protection
21    issued under Section 217 of the Illinois Domestic Violence
22    Act of 1986 or Section 112A-17 of the Code of Criminal
23    Procedure of 1963 or of an order of protection issued
24    under Section 214 of the Illinois Domestic Violence Act of
25    1986 or Section 112A-14 of the Code of Criminal Procedure
26    of 1963.

 

 

HB0562 Enrolled- 132 -LRB102 02734 SPS 12886 b

1        (7) A pattern of violent acts or violent threats,
2    including, but not limited to, threats of violence or acts
3    of violence by the respondent directed toward himself,
4    herself, or another.
5    (f) At the hearing, the petitioner shall have the burden
6of proving, by clear and convincing evidence, that the
7respondent poses a significant danger of personal injury to
8himself, herself, or another by having in his or her custody or
9control, purchasing, possessing, or receiving a firearm.
10    (g) If the court finds that there is clear and convincing
11evidence to issue a firearms restraining order, the court
12shall issue a firearms restraining order that shall be in
13effect for 6 months subject to renewal under Section 45 of this
14Act or termination under that Section.
15    (g-5) If the court issues a 6-month firearms restraining
16order, it shall, upon a finding of probable cause that the
17respondent possesses firearms, issue a search warrant
18directing a law enforcement agency to seize the respondent's
19firearms. The court may, as part of that warrant, direct the
20law enforcement agency to search the respondent's residence
21and other places where the court finds there is probable cause
22to believe he or she is likely to possess the firearms.
23    (h) A 6-month firearms restraining order shall require:
24        (1) the respondent to refrain from having in his or
25    her custody or control, purchasing, possessing, or
26    receiving additional firearms for the duration of the

 

 

HB0562 Enrolled- 133 -LRB102 02734 SPS 12886 b

1    order under Section 8.2 of the Firearm Owners
2    Identification Card Act; and
3        (2) the respondent to comply with Section 9.5 of the
4    Firearm Owners Identification Card Act and subsection (g)
5    of Section 70 of the Firearm Concealed Carry Act turn over
6    to the local law enforcement agency any firearm or Firearm
7    Owner's Identification Card and concealed carry license in
8    his or her possession. The local law enforcement agency
9    shall immediately mail the card and concealed carry
10    license to the Department of State Police Firearm Services
11    Bureau for safekeeping. The firearm or firearms and
12    Firearm Owner's Identification Card and concealed carry
13    license, if unexpired, shall be returned to the respondent
14    after the firearms restraining order is terminated or
15    expired.
16    (i) Except as otherwise provided in subsection (i-5) of
17this Section, upon expiration of the period of safekeeping, if
18the firearms or Firearm Owner's Identification Card cannot be
19returned to the respondent because the respondent cannot be
20located, fails to respond to requests to retrieve the
21firearms, or is not lawfully eligible to possess a firearm,
22upon petition from the local law enforcement agency, the court
23may order the local law enforcement agency to destroy the
24firearms, use the firearms for training purposes, or use the
25firearms for any other application as deemed appropriate by
26the local law enforcement agency.

 

 

HB0562 Enrolled- 134 -LRB102 02734 SPS 12886 b

1    (i-5) A respondent whose Firearm Owner's Identification
2Card has been revoked or suspended may petition the court, if
3the petitioner is present in court or has notice of the
4respondent's petition, to transfer the respondent's firearm to
5a person who is lawfully able to possess the firearm if the
6person does not reside at the same address as the respondent.
7Notice of the petition shall be served upon the person
8protected by the emergency firearms restraining order. While
9the order is in effect, the transferee who receives the
10respondent's firearms must swear or affirm by affidavit that
11he or she shall not transfer the firearm to the respondent or
12to anyone residing in the same residence as the respondent.
13    (i-6) If a person other than the respondent claims title
14to any firearms surrendered under this Section, he or she may
15petition the court, if the petitioner is present in court or
16has notice of the petition, to have the firearm returned to him
17or her. If the court determines that person to be the lawful
18owner of the firearm, the firearm shall be returned to him or
19her, provided that:
20        (1) the firearm is removed from the respondent's
21    custody, control, or possession and the lawful owner
22    agrees to store the firearm in a manner such that the
23    respondent does not have access to or control of the
24    firearm; and
25        (2) the firearm is not otherwise unlawfully possessed
26    by the owner.

 

 

HB0562 Enrolled- 135 -LRB102 02734 SPS 12886 b

1    The person petitioning for the return of his or her
2firearm must swear or affirm by affidavit that he or she: (i)
3is the lawful owner of the firearm; (ii) shall not transfer the
4firearm to the respondent; and (iii) will store the firearm in
5a manner that the respondent does not have access to or control
6of the firearm.
7    (j) If the court does not issue a firearms restraining
8order at the hearing, the court shall dissolve any emergency
9firearms restraining order then in effect.
10    (k) When the court issues a firearms restraining order
11under this Section, the court shall inform the respondent that
12he or she is entitled to one hearing during the period of the
13order to request a termination of the order, under Section 45
14of this Act, and shall provide the respondent with a form to
15request a hearing.
16(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
17    Section 27. The Wildlife Code is amended by changing
18Sections 2.11, 2.26, 2.33, and 2.34 as follows:
 
19    (520 ILCS 5/2.11)  (from Ch. 61, par. 2.11)
20    Sec. 2.11. Before any person may lawfully hunt wild
21turkey, he shall first obtain a "Wild Turkey Hunting Permit"
22in accordance with the prescribed regulations set forth in an
23administrative rule of the Department. The fee for a Resident
24Wild Turkey Hunting Permit shall not exceed $15.

 

 

HB0562 Enrolled- 136 -LRB102 02734 SPS 12886 b

1    Upon submitting suitable evidence of legal residence in
2any other state, non-residents shall be charged a fee not to
3exceed $125 for wild turkey hunting permits.
4    The Department may by administrative rule allocate and
5issue non-resident Wild Turkey Permits and establish fees for
6such permits.
7    It shall be unlawful to take wild turkey except by use of a
8bow and arrow or a shotgun of not larger than 10 nor smaller
9than 20 gauge with shot size not larger than No. 4, and no
10person while attempting to so take wild turkey may have in his
11possession any other gun unless in accordance with the Firearm
12Concealed Carry Act.
13    It shall be unlawful to take, or attempt to take wild
14turkey except during the time from 1/2 hour before sunrise to
151/2 hour after sunset or during such lesser period of time as
16may be specified by administrative rule, during those days for
17which an open season is established.
18    It shall be unlawful for any person to take, or attempt to
19take, wild turkey by use of dogs, horses, automobiles,
20aircraft or other vehicles, or conveyances, or by the use or
21aid of bait or baiting of any kind. For the purposes of this
22Section, "bait" means any material, whether liquid or solid,
23including food, salt, minerals, and other products, except
24pure water, that can be ingested, placed, or scattered in such
25a manner as to attract or lure wild turkeys. "Baiting" means
26the placement or scattering of bait to attract wild turkeys.

 

 

HB0562 Enrolled- 137 -LRB102 02734 SPS 12886 b

1An area is considered as baited during the presence of and for
210 consecutive days following the removal of the bait.
3    It is unlawful for any person to take in Illinois or have
4in his possession more than one wild turkey per valid permit.
5    For the purposes of calculating acreage under this
6Section, the Department shall, after determining the total
7acreage of the applicable tract or tracts of land, round
8remaining fractional portions of an acre greater than or equal
9to half of an acre up to the next whole acre.
10    For the purposes of taking wild turkey, nothing in this
11Section shall be construed to prevent the manipulation,
12including mowing or cutting, of standing crops as a normal
13agricultural or soil stabilization practice, food plots, or
14normal agricultural practices, including planting, harvesting,
15and maintenance such as cultivating. Such manipulation for the
16purpose of taking wild turkey may be further modified by
17administrative rule.
18(Source: P.A. 98-180, eff. 8-5-13; 99-869, eff. 1-1-17.)
 
19    (520 ILCS 5/2.26)  (from Ch. 61, par. 2.26)
20    Sec. 2.26. Deer hunting permits. Any person attempting to
21take deer shall first obtain a "Deer Hunting Permit" issued by
22the Department in accordance with its administrative rules.
23Those rules must provide for the issuance of the following
24types of resident deer archery permits: (i) a combination
25permit, consisting of one either-sex permit and one

 

 

HB0562 Enrolled- 138 -LRB102 02734 SPS 12886 b

1antlerless-only permit, (ii) a single antlerless-only permit,
2and (iii) a single either-sex permit. The fee for a Deer
3Hunting Permit to take deer with either bow and arrow or gun
4shall not exceed $25.00 for residents of the State. The
5Department may by administrative rule provide for non-resident
6deer hunting permits for which the fee will not exceed $300 in
72005, $350 in 2006, and $400 in 2007 and thereafter except as
8provided below for non-resident landowners and non-resident
9archery hunters. The Department may by administrative rule
10provide for a non-resident archery deer permit consisting of
11not more than 2 harvest tags at a total cost not to exceed $325
12in 2005, $375 in 2006, and $425 in 2007 and thereafter. The
13fees for a youth resident and non-resident archery deer permit
14shall be the same.
15    The Department shall create a pilot program during the
16special 3-day, youth-only deer hunting season to allow for
17youth deer hunting permits that are valid statewide, excluding
18those counties or portions of counties closed to firearm deer
19hunting. The Department shall adopt rules to implement the
20pilot program. Nothing in this paragraph shall be construed to
21prohibit the Department from issuing Special Hunt Area Permits
22for the youth-only deer hunting season or establishing,
23through administrative rule, additional requirements
24pertaining to the youth-only deer hunting season on
25Department-owned or Department-managed sites, including
26site-specific quotas or drawings. The provisions of this

 

 

HB0562 Enrolled- 139 -LRB102 02734 SPS 12886 b

1paragraph are inoperative on and after January 1, 2023.
2    The standards and specifications for use of guns and bow
3and arrow for deer hunting shall be established by
4administrative rule.
5    No person may have in his or her possession any firearm not
6authorized by administrative rule for a specific hunting
7season when taking deer unless in accordance with the Firearm
8Concealed Carry Act.
9    Persons having a firearm deer hunting permit shall be
10permitted to take deer only during the period from 1/2 hour
11before sunrise to 1/2 hour after sunset, and only during those
12days for which an open season is established for the taking of
13deer by use of shotgun, handgun, or muzzle loading rifle.
14    Persons having an archery deer hunting permit shall be
15permitted to take deer only during the period from 1/2 hour
16before sunrise to 1/2 hour after sunset, and only during those
17days for which an open season is established for the taking of
18deer by use of bow and arrow.
19    It shall be unlawful for any person to take deer by use of
20dogs, horses, automobiles, aircraft or other vehicles, or by
21the use or aid of bait or baiting of any kind. For the purposes
22of this Section, "bait" means any material, whether liquid or
23solid, including food, salt, minerals, and other products,
24except pure water, that can be ingested, placed, or scattered
25in such a manner as to attract or lure white-tailed deer.
26"Baiting" means the placement or scattering of bait to attract

 

 

HB0562 Enrolled- 140 -LRB102 02734 SPS 12886 b

1deer. An area is considered as baited during the presence of
2and for 10 consecutive days following the removal of bait.
3Nothing in this Section shall prohibit the use of a dog to
4track wounded deer. Any person using a dog for tracking
5wounded deer must maintain physical control of the dog at all
6times by means of a maximum 50 foot lead attached to the dog's
7collar or harness. Tracking wounded deer is permissible at
8night, but at no time outside of legal deer hunting hours or
9seasons shall any person handling or accompanying a dog being
10used for tracking wounded deer be in possession of any firearm
11or archery device. Persons tracking wounded deer with a dog
12during the firearm deer seasons shall wear blaze orange or
13solid blaze pink color as required. Dog handlers tracking
14wounded deer with a dog are exempt from hunting license and
15deer permit requirements so long as they are accompanied by
16the licensed deer hunter who wounded the deer.
17    It shall be unlawful to possess or transport any wild deer
18which has been injured or killed in any manner upon a public
19highway or public right-of-way of this State unless exempted
20by administrative rule.
21    Persons hunting deer must have gun unloaded and no bow and
22arrow device shall be carried with the arrow in the nocked
23position during hours when deer hunting is unlawful.
24    It shall be unlawful for any person, having taken the
25legal limit of deer by gun, to further participate with gun in
26any deer hunting party.

 

 

HB0562 Enrolled- 141 -LRB102 02734 SPS 12886 b

1    It shall be unlawful for any person, having taken the
2legal limit of deer by bow and arrow, to further participate
3with bow and arrow in any deer hunting party.
4    The Department may prohibit upland game hunting during the
5gun deer season by administrative rule.
6    The Department shall not limit the number of non-resident,
7either-sex archery deer hunting permits to less than 20,000.
8    Any person who violates any of the provisions of this
9Section, including administrative rules, shall be guilty of a
10Class B misdemeanor.
11    For the purposes of calculating acreage under this
12Section, the Department shall, after determining the total
13acreage of the applicable tract or tracts of land, round
14remaining fractional portions of an acre greater than or equal
15to half of an acre up to the next whole acre.
16    For the purposes of taking white-tailed deer, nothing in
17this Section shall be construed to prevent the manipulation,
18including mowing or cutting, of standing crops as a normal
19agricultural or soil stabilization practice, food plots, or
20normal agricultural practices, including planting, harvesting,
21and maintenance such as cultivating or the use of products
22designed for scent only and not capable of ingestion, solid or
23liquid, placed or scattered, in such a manner as to attract or
24lure deer. Such manipulation for the purpose of taking
25white-tailed deer may be further modified by administrative
26rule.

 

 

HB0562 Enrolled- 142 -LRB102 02734 SPS 12886 b

1(Source: P.A. 100-691, eff. 1-1-19; 100-949, eff. 1-1-19;
2101-81, eff. 7-12-19; 101-444, eff. 6-1-20.)
 
3    (520 ILCS 5/2.33)  (from Ch. 61, par. 2.33)
4    Sec. 2.33. Prohibitions.
5    (a) It is unlawful to carry or possess any gun in any State
6refuge unless otherwise permitted by administrative rule.
7    (b) It is unlawful to use or possess any snare or
8snare-like device, deadfall, net, or pit trap to take any
9species, except that snares not powered by springs or other
10mechanical devices may be used to trap fur-bearing mammals, in
11water sets only, if at least one-half of the snare noose is
12located underwater at all times.
13    (c) It is unlawful for any person at any time to take a
14wild mammal protected by this Act from its den by means of any
15mechanical device, spade, or digging device or to use smoke or
16other gases to dislodge or remove such mammal except as
17provided in Section 2.37.
18    (d) It is unlawful to use a ferret or any other small
19mammal which is used in the same or similar manner for which
20ferrets are used for the purpose of frightening or driving any
21mammals from their dens or hiding places.
22    (e) (Blank).
23    (f) It is unlawful to use spears, gigs, hooks or any like
24device to take any species protected by this Act.
25    (g) It is unlawful to use poisons, chemicals or explosives

 

 

HB0562 Enrolled- 143 -LRB102 02734 SPS 12886 b

1for the purpose of taking any species protected by this Act.
2    (h) It is unlawful to hunt adjacent to or near any peat,
3grass, brush or other inflammable substance when it is
4burning.
5    (i) It is unlawful to take, pursue or intentionally harass
6or disturb in any manner any wild birds or mammals by use or
7aid of any vehicle or conveyance, except as permitted by the
8Code of Federal Regulations for the taking of waterfowl. It is
9also unlawful to use the lights of any vehicle or conveyance or
10any light from or any light connected to the vehicle or
11conveyance in any area where wildlife may be found except in
12accordance with Section 2.37 of this Act; however, nothing in
13this Section shall prohibit the normal use of headlamps for
14the purpose of driving upon a roadway. Striped skunk, opossum,
15red fox, gray fox, raccoon, bobcat, and coyote may be taken
16during the open season by use of a small light which is worn on
17the body or hand-held by a person on foot and not in any
18vehicle.
19    (j) It is unlawful to use any shotgun larger than 10 gauge
20while taking or attempting to take any of the species
21protected by this Act.
22    (k) It is unlawful to use or possess in the field any
23shotgun shell loaded with a shot size larger than lead BB or
24steel T (.20 diameter) when taking or attempting to take any
25species of wild game mammals (excluding white-tailed deer),
26wild game birds, migratory waterfowl or migratory game birds

 

 

HB0562 Enrolled- 144 -LRB102 02734 SPS 12886 b

1protected by this Act, except white-tailed deer as provided
2for in Section 2.26 and other species as provided for by
3subsection (l) or administrative rule.
4    (l) It is unlawful to take any species of wild game, except
5white-tailed deer and fur-bearing mammals, with a shotgun
6loaded with slugs unless otherwise provided for by
7administrative rule.
8    (m) It is unlawful to use any shotgun capable of holding
9more than 3 shells in the magazine or chamber combined, except
10on game breeding and hunting preserve areas licensed under
11Section 3.27 and except as permitted by the Code of Federal
12Regulations for the taking of waterfowl. If the shotgun is
13capable of holding more than 3 shells, it shall, while being
14used on an area other than a game breeding and shooting
15preserve area licensed pursuant to Section 3.27, be fitted
16with a one piece plug that is irremovable without dismantling
17the shotgun or otherwise altered to render it incapable of
18holding more than 3 shells in the magazine and chamber,
19combined.
20    (n) It is unlawful for any person, except persons who
21possess a permit to hunt from a vehicle as provided in this
22Section and persons otherwise permitted by law, to have or
23carry any gun in or on any vehicle, conveyance or aircraft,
24unless such gun is unloaded and enclosed in a case, except that
25at field trials authorized by Section 2.34 of this Act,
26unloaded guns or guns loaded with blank cartridges only, may

 

 

HB0562 Enrolled- 145 -LRB102 02734 SPS 12886 b

1be carried on horseback while not contained in a case, or to
2have or carry any bow or arrow device in or on any vehicle
3unless such bow or arrow device is unstrung or enclosed in a
4case, or otherwise made inoperable unless in accordance with
5the Firearm Concealed Carry Act.
6    (o) (Blank).
7    (p) It is unlawful to take game birds, migratory game
8birds or migratory waterfowl with a rifle, pistol, revolver or
9airgun.
10    (q) It is unlawful to fire a rifle, pistol, revolver or
11airgun on, over or into any waters of this State, including
12frozen waters.
13    (r) It is unlawful to discharge any gun or bow and arrow
14device along, upon, across, or from any public right-of-way or
15highway in this State.
16    (s) It is unlawful to use a silencer or other device to
17muffle or mute the sound of the explosion or report resulting
18from the firing of any gun.
19    (t) It is unlawful for any person to take or attempt to
20take any species of wildlife or parts thereof, intentionally
21or wantonly allow a dog to hunt, within or upon the land of
22another, or upon waters flowing over or standing on the land of
23another, or to knowingly shoot a gun or bow and arrow device at
24any wildlife physically on or flying over the property of
25another without first obtaining permission from the owner or
26the owner's designee. For the purposes of this Section, the

 

 

HB0562 Enrolled- 146 -LRB102 02734 SPS 12886 b

1owner's designee means anyone who the owner designates in a
2written authorization and the authorization must contain (i)
3the legal or common description of property for such authority
4is given, (ii) the extent that the owner's designee is
5authorized to make decisions regarding who is allowed to take
6or attempt to take any species of wildlife or parts thereof,
7and (iii) the owner's notarized signature. Before enforcing
8this Section the law enforcement officer must have received
9notice from the owner or the owner's designee of a violation of
10this Section. Statements made to the law enforcement officer
11regarding this notice shall not be rendered inadmissible by
12the hearsay rule when offered for the purpose of showing the
13required notice.
14    (u) It is unlawful for any person to discharge any firearm
15for the purpose of taking any of the species protected by this
16Act, or hunt with gun or dog, or intentionally or wantonly
17allow a dog to hunt, within 300 yards of an inhabited dwelling
18without first obtaining permission from the owner or tenant,
19except that while trapping, hunting with bow and arrow,
20hunting with dog and shotgun using shot shells only, or
21hunting with shotgun using shot shells only, or providing
22outfitting services under a waterfowl outfitter permit, or on
23licensed game breeding and hunting preserve areas, as defined
24in Section 3.27, on federally owned and managed lands and on
25Department owned, managed, leased, or controlled lands, a 100
26yard restriction shall apply.

 

 

HB0562 Enrolled- 147 -LRB102 02734 SPS 12886 b

1    (v) It is unlawful for any person to remove fur-bearing
2mammals from, or to move or disturb in any manner, the traps
3owned by another person without written authorization of the
4owner to do so.
5    (w) It is unlawful for any owner of a dog to knowingly or
6wantonly allow his or her dog to pursue, harass or kill deer,
7except that nothing in this Section shall prohibit the
8tracking of wounded deer with a dog in accordance with the
9provisions of Section 2.26 of this Code.
10    (x) It is unlawful for any person to wantonly or
11carelessly injure or destroy, in any manner whatsoever, any
12real or personal property on the land of another while engaged
13in hunting or trapping thereon.
14    (y) It is unlawful to hunt wild game protected by this Act
15between one half hour after sunset and one half hour before
16sunrise, except that hunting hours between one half hour after
17sunset and one half hour before sunrise may be established by
18administrative rule for fur-bearing mammals.
19    (z) It is unlawful to take any game bird (excluding wild
20turkeys and crippled pheasants not capable of normal flight
21and otherwise irretrievable) protected by this Act when not
22flying. Nothing in this Section shall prohibit a person from
23carrying an uncased, unloaded shotgun in a boat, while in
24pursuit of a crippled migratory waterfowl that is incapable of
25normal flight, for the purpose of attempting to reduce the
26migratory waterfowl to possession, provided that the attempt

 

 

HB0562 Enrolled- 148 -LRB102 02734 SPS 12886 b

1is made immediately upon downing the migratory waterfowl and
2is done within 400 yards of the blind from which the migratory
3waterfowl was downed. This exception shall apply only to
4migratory game birds that are not capable of normal flight.
5Migratory waterfowl that are crippled may be taken only with a
6shotgun as regulated by subsection (j) of this Section using
7shotgun shells as regulated in subsection (k) of this Section.
8    (aa) It is unlawful to use or possess any device that may
9be used for tree climbing or cutting, while hunting
10fur-bearing mammals, excluding coyotes.
11    (bb) It is unlawful for any person, except licensed game
12breeders, pursuant to Section 2.29 to import, carry into, or
13possess alive in this State any species of wildlife taken
14outside of this State, without obtaining permission to do so
15from the Director.
16    (cc) It is unlawful for any person to have in his or her
17possession any freshly killed species protected by this Act
18during the season closed for taking.
19    (dd) It is unlawful to take any species protected by this
20Act and retain it alive except as provided by administrative
21rule.
22    (ee) It is unlawful to possess any rifle while in the field
23during gun deer season except as provided in Section 2.26 and
24administrative rules.
25    (ff) It is unlawful for any person to take any species
26protected by this Act, except migratory waterfowl, during the

 

 

HB0562 Enrolled- 149 -LRB102 02734 SPS 12886 b

1gun deer hunting season in those counties open to gun deer
2hunting, unless he or she wears, when in the field, a cap and
3upper outer garment of a solid blaze orange color or solid
4blaze pink color, with such articles of clothing displaying a
5minimum of 400 square inches of blaze orange or solid blaze
6pink color material.
7    (gg) It is unlawful during the upland game season for any
8person to take upland game with a firearm unless he or she
9wears, while in the field, a cap of solid blaze orange color or
10solid blaze pink color. For purposes of this Act, upland game
11is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked
12Pheasant, Eastern Cottontail and Swamp Rabbit.
13    (hh) It shall be unlawful to kill or cripple any species
14protected by this Act for which there is a bag limit without
15making a reasonable effort to retrieve such species and
16include such in the bag limit. It shall be unlawful for any
17person having control over harvested game mammals, game birds,
18or migratory game birds for which there is a bag limit to
19wantonly waste or destroy the usable meat of the game, except
20this shall not apply to wildlife taken under Sections 2.37 or
213.22 of this Code. For purposes of this subsection, "usable
22meat" means the breast meat of a game bird or migratory game
23bird and the hind ham and front shoulders of a game mammal. It
24shall be unlawful for any person to place, leave, dump, or
25abandon a wildlife carcass or parts of it along or upon a
26public right-of-way or highway or on public or private

 

 

HB0562 Enrolled- 150 -LRB102 02734 SPS 12886 b

1property, including a waterway or stream, without the
2permission of the owner or tenant. It shall not be unlawful to
3discard game meat that is determined to be unfit for human
4consumption.
5    (ii) This Section shall apply only to those species
6protected by this Act taken within the State. Any species or
7any parts thereof, legally taken in and transported from other
8states or countries, may be possessed within the State, except
9as provided in this Section and Sections 2.35, 2.36 and 3.21.
10    (jj) (Blank).
11    (kk) Nothing contained in this Section shall prohibit the
12Director from issuing permits to paraplegics or to other
13persons with disabilities who meet the requirements set forth
14in administrative rule to shoot or hunt from a vehicle as
15provided by that rule, provided that such is otherwise in
16accord with this Act.
17    (ll) Nothing contained in this Act shall prohibit the
18taking of aquatic life protected by the Fish and Aquatic Life
19Code or birds and mammals protected by this Act, except deer
20and fur-bearing mammals, from a boat not camouflaged or
21disguised to alter its identity or to further provide a place
22of concealment and not propelled by sail or mechanical power.
23However, only shotguns not larger than 10 gauge nor smaller
24than .410 bore loaded with not more than 3 shells of a shot
25size no larger than lead BB or steel T (.20 diameter) may be
26used to take species protected by this Act.

 

 

HB0562 Enrolled- 151 -LRB102 02734 SPS 12886 b

1    (mm) Nothing contained in this Act shall prohibit the use
2of a shotgun, not larger than 10 gauge nor smaller than a 20
3gauge, with a rifled barrel.
4    (nn) It shall be unlawful to possess any species of
5wildlife or wildlife parts taken unlawfully in Illinois, any
6other state, or any other country, whether or not the wildlife
7or wildlife parts is indigenous to Illinois. For the purposes
8of this subsection, the statute of limitations for unlawful
9possession of wildlife or wildlife parts shall not cease until
102 years after the possession has permanently ended.
11(Source: P.A. 99-33, eff. 1-1-16; 99-143, eff. 7-27-15;
1299-642, eff. 7-28-16; 100-489, eff. 9-8-17; 100-949, eff.
131-1-19.)
 
14    (520 ILCS 5/2.34)  (from Ch. 61, par. 2.34)
15    Sec. 2.34. Dog Trials.
16    (a) Dogs of any breed may be trained the year round in
17accordance with the provisions of this Act.
18    (b) During the periods of time when it is unlawful to take
19species protected by this Act, the only firearms which shall
20be used in the training of dogs from sunrise to sunset shall be
21pistols with blank cartridges. No other gun or ammunition may
22be in immediate possession during this time. No person or
23persons in, along with, or accompanying the dog training
24party, shall be in possession of any firearm or live
25ammunition, except pistols capable of firing only blank

 

 

HB0562 Enrolled- 152 -LRB102 02734 SPS 12886 b

1cartridges during the hours from sunset to sunrise. All
2organized field trials or training grounds approved by the
3Department shall be exempt from this provision unless in
4accordance with the Firearm Concealed Carry Act.
5    (c) No field trial shall be held without a permit from the
6Department.
7    The following Department areas shall be designated as
8horseback field trial sites; Lee County Conservation Area, Des
9Plaines Conservation Area, Moraine View State Park, Middle
10Fork Fish and Wildlife Area, Hamilton County Conservation
11Area, and Wayne Fitzgerrell State Park. The Department shall
12provide and maintain quality wildlife habitat on these sites.
13    Field trials shall be scheduled only from September 1
14through April 30 in the Northern Zone and September 1 through
15April 15 in the Southern Zone. The Department maintains the
16authority to schedule and administer field trials. The
17boundary between the Northern Zone and the Southern Zone shall
18be U.S. Route 36. However, (i) if the opening date of the field
19trial season falls on Sunday, the season will begin on
20Saturday of that weekend; and (ii) if the closing date of the
21field trial season falls on Saturday, the season will conclude
22on Sunday of that weekend; and (iii) if during the final days
23of the field trial season a field trial organization begins a
24field trial which is subsequently interrupted due to inclement
25weather, the field trial organization may complete the trial,
26subject to the Department's approval, even though the field

 

 

HB0562 Enrolled- 153 -LRB102 02734 SPS 12886 b

1trial season has ended. The field trial organization must
2complete the trial on the first possible day or days. Field
3trials for the retrieving breeds are exempt from these field
4trials season provisions and shall have no closed season.
5    The fee for field trials shall be established by the
6Department by rule.
7    (d) The Department is authorized to designate dog training
8areas and to grant permits for all field trials including
9those field trials where game birds reared under Section 3.23
10are released and taken in accordance with the rules and
11regulations set forth by the Department. Applications for
12permits for such trials and training areas shall be
13accompanied by detailed information as to the date and the
14location of the grounds where such trial area or training
15grounds is located. Applicants for field trial or dog training
16permits must have the consent of the landowner prior to
17applying for such permit. Fees and other regulations will be
18set by administrative rule.
19    (e) All permits for designated dog training areas shall
20expire March 31st of each year.
21    (f) Permit holders for designated dog training areas must
22possess a wild game breeder's permit or a game breeding and
23hunting preserve area permit and may utilize live bird recall
24devices on such areas.
25    (g) Nothing shall prevent an individual from using a dog
26in the taking of squirrel during the open season.

 

 

HB0562 Enrolled- 154 -LRB102 02734 SPS 12886 b

1    (h) All hand reared game released and shot at field trials
2shall be properly identified with tags as provided for by this
3Act and such birds shall be banded before they are removed from
4the field trial area.
5(Source: P.A. 86-920; 87-1051.)
 
6    Section 30. The Criminal Code of 2012 is amended by
7changing Sections 24-3 and 24-8 as follows:
 
8    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
9    Sec. 24-3. Unlawful sale or delivery of firearms.
10    (A) A person commits the offense of unlawful sale or
11delivery of firearms when he or she knowingly does any of the
12following:
13        (a) Sells or gives any firearm of a size which may be
14    concealed upon the person to any person under 18 years of
15    age.
16        (b) Sells or gives any firearm to a person under 21
17    years of age who has been convicted of a misdemeanor other
18    than a traffic offense or adjudged delinquent.
19        (c) Sells or gives any firearm to any narcotic addict.
20        (d) Sells or gives any firearm to any person who has
21    been convicted of a felony under the laws of this or any
22    other jurisdiction.
23        (e) Sells or gives any firearm to any person who has
24    been a patient in a mental institution within the past 5

 

 

HB0562 Enrolled- 155 -LRB102 02734 SPS 12886 b

1    years. In this subsection (e):
2            "Mental institution" means any hospital,
3        institution, clinic, evaluation facility, mental
4        health center, or part thereof, which is used
5        primarily for the care or treatment of persons with
6        mental illness.
7            "Patient in a mental institution" means the person
8        was admitted, either voluntarily or involuntarily, to
9        a mental institution for mental health treatment,
10        unless the treatment was voluntary and solely for an
11        alcohol abuse disorder and no other secondary
12        substance abuse disorder or mental illness.
13        (f) Sells or gives any firearms to any person who is a
14    person with an intellectual disability.
15        (g) Delivers any firearm, incidental to a sale,
16    without withholding delivery of the firearm for at least
17    72 hours after application for its purchase has been made,
18    or delivers a stun gun or taser, incidental to a sale,
19    without withholding delivery of the stun gun or taser for
20    at least 24 hours after application for its purchase has
21    been made. However, this paragraph (g) does not apply to:
22    (1) the sale of a firearm to a law enforcement officer if
23    the seller of the firearm knows that the person to whom he
24    or she is selling the firearm is a law enforcement officer
25    or the sale of a firearm to a person who desires to
26    purchase a firearm for use in promoting the public

 

 

HB0562 Enrolled- 156 -LRB102 02734 SPS 12886 b

1    interest incident to his or her employment as a bank
2    guard, armed truck guard, or other similar employment; (2)
3    a mail order sale of a firearm from a federally licensed
4    firearms dealer to a nonresident of Illinois under which
5    the firearm is mailed to a federally licensed firearms
6    dealer outside the boundaries of Illinois; (3) (blank);
7    (4) the sale of a firearm to a dealer licensed as a federal
8    firearms dealer under Section 923 of the federal Gun
9    Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
10    sale of any rifle, shotgun, or other long gun to a resident
11    registered competitor or attendee or non-resident
12    registered competitor or attendee by any dealer licensed
13    as a federal firearms dealer under Section 923 of the
14    federal Gun Control Act of 1968 at competitive shooting
15    events held at the World Shooting Complex sanctioned by a
16    national governing body. For purposes of transfers or
17    sales under subparagraph (5) of this paragraph (g), the
18    Department of Natural Resources shall give notice to the
19    Department of State Police at least 30 calendar days prior
20    to any competitive shooting events at the World Shooting
21    Complex sanctioned by a national governing body. The
22    notification shall be made on a form prescribed by the
23    Department of State Police. The sanctioning body shall
24    provide a list of all registered competitors and attendees
25    at least 24 hours before the events to the Department of
26    State Police. Any changes to the list of registered

 

 

HB0562 Enrolled- 157 -LRB102 02734 SPS 12886 b

1    competitors and attendees shall be forwarded to the
2    Department of State Police as soon as practicable. The
3    Department of State Police must destroy the list of
4    registered competitors and attendees no later than 30 days
5    after the date of the event. Nothing in this paragraph (g)
6    relieves a federally licensed firearm dealer from the
7    requirements of conducting a NICS background check through
8    the Illinois Point of Contact under 18 U.S.C. 922(t). For
9    purposes of this paragraph (g), "application" means when
10    the buyer and seller reach an agreement to purchase a
11    firearm. For purposes of this paragraph (g), "national
12    governing body" means a group of persons who adopt rules
13    and formulate policy on behalf of a national firearm
14    sporting organization.
15        (h) While holding any license as a dealer, importer,
16    manufacturer or pawnbroker under the federal Gun Control
17    Act of 1968, manufactures, sells or delivers to any
18    unlicensed person a handgun having a barrel, slide, frame
19    or receiver which is a die casting of zinc alloy or any
20    other nonhomogeneous metal which will melt or deform at a
21    temperature of less than 800 degrees Fahrenheit. For
22    purposes of this paragraph, (1) "firearm" is defined as in
23    the Firearm Owners Identification Card Act; and (2)
24    "handgun" is defined as a firearm designed to be held and
25    fired by the use of a single hand, and includes a
26    combination of parts from which such a firearm can be

 

 

HB0562 Enrolled- 158 -LRB102 02734 SPS 12886 b

1    assembled.
2        (i) Sells or gives a firearm of any size to any person
3    under 18 years of age who does not possess a valid Firearm
4    Owner's Identification Card.
5        (j) Sells or gives a firearm while engaged in the
6    business of selling firearms at wholesale or retail
7    without being licensed as a federal firearms dealer under
8    Section 923 of the federal Gun Control Act of 1968 (18
9    U.S.C. 923). In this paragraph (j):
10        A person "engaged in the business" means a person who
11    devotes time, attention, and labor to engaging in the
12    activity as a regular course of trade or business with the
13    principal objective of livelihood and profit, but does not
14    include a person who makes occasional repairs of firearms
15    or who occasionally fits special barrels, stocks, or
16    trigger mechanisms to firearms.
17        "With the principal objective of livelihood and
18    profit" means that the intent underlying the sale or
19    disposition of firearms is predominantly one of obtaining
20    livelihood and pecuniary gain, as opposed to other
21    intents, such as improving or liquidating a personal
22    firearms collection; however, proof of profit shall not be
23    required as to a person who engages in the regular and
24    repetitive purchase and disposition of firearms for
25    criminal purposes or terrorism.
26        (k) Sells or transfers ownership of a firearm to a

 

 

HB0562 Enrolled- 159 -LRB102 02734 SPS 12886 b

1    person who does not display to the seller or transferor of
2    the firearm either: (1) a currently valid Firearm Owner's
3    Identification Card that has previously been issued in the
4    transferee's name by the Department of State Police under
5    the provisions of the Firearm Owners Identification Card
6    Act; or (2) a currently valid license to carry a concealed
7    firearm that has previously been issued in the
8    transferee's name by the Department of State Police under
9    the Firearm Concealed Carry Act. This paragraph (k) does
10    not apply to the transfer of a firearm to a person who is
11    exempt from the requirement of possessing a Firearm
12    Owner's Identification Card under Section 2 of the Firearm
13    Owners Identification Card Act. For the purposes of this
14    Section, a currently valid Firearm Owner's Identification
15    Card or license to carry a concealed firearm means receipt
16    of (i) a Firearm Owner's Identification Card that has not
17    expired or (ii) an approval number issued in accordance
18    with subsection (a-10) of subsection 3 or Section 3.1 of
19    the Firearm Owners Identification Card Act shall be proof
20    that the Firearm Owner's Identification Card was valid.
21            (1) In addition to the other requirements of this
22        paragraph (k), all persons who are not federally
23        licensed firearms dealers must also have complied with
24        subsection (a-10) of Section 3 of the Firearm Owners
25        Identification Card Act by determining the validity of
26        a purchaser's Firearm Owner's Identification Card.

 

 

HB0562 Enrolled- 160 -LRB102 02734 SPS 12886 b

1            (2) All sellers or transferors who have complied
2        with the requirements of subparagraph (1) of this
3        paragraph (k) shall not be liable for damages in any
4        civil action arising from the use or misuse by the
5        transferee of the firearm transferred, except for
6        willful or wanton misconduct on the part of the seller
7        or transferor.
8        (l) Not being entitled to the possession of a firearm,
9    delivers the firearm, knowing it to have been stolen or
10    converted. It may be inferred that a person who possesses
11    a firearm with knowledge that its serial number has been
12    removed or altered has knowledge that the firearm is
13    stolen or converted.
14    (B) Paragraph (h) of subsection (A) does not include
15firearms sold within 6 months after enactment of Public Act
1678-355 (approved August 21, 1973, effective October 1, 1973),
17nor is any firearm legally owned or possessed by any citizen or
18purchased by any citizen within 6 months after the enactment
19of Public Act 78-355 subject to confiscation or seizure under
20the provisions of that Public Act. Nothing in Public Act
2178-355 shall be construed to prohibit the gift or trade of any
22firearm if that firearm was legally held or acquired within 6
23months after the enactment of that Public Act.
24    (C) Sentence.
25        (1) Any person convicted of unlawful sale or delivery
26    of firearms in violation of paragraph (c), (e), (f), (g),

 

 

HB0562 Enrolled- 161 -LRB102 02734 SPS 12886 b

1    or (h) of subsection (A) commits a Class 4 felony.
2        (2) Any person convicted of unlawful sale or delivery
3    of firearms in violation of paragraph (b) or (i) of
4    subsection (A) commits a Class 3 felony.
5        (3) Any person convicted of unlawful sale or delivery
6    of firearms in violation of paragraph (a) of subsection
7    (A) commits a Class 2 felony.
8        (4) Any person convicted of unlawful sale or delivery
9    of firearms in violation of paragraph (a), (b), or (i) of
10    subsection (A) in any school, on the real property
11    comprising a school, within 1,000 feet of the real
12    property comprising a school, at a school related
13    activity, or on or within 1,000 feet of any conveyance
14    owned, leased, or contracted by a school or school
15    district to transport students to or from school or a
16    school related activity, regardless of the time of day or
17    time of year at which the offense was committed, commits a
18    Class 1 felony. Any person convicted of a second or
19    subsequent violation of unlawful sale or delivery of
20    firearms in violation of paragraph (a), (b), or (i) of
21    subsection (A) in any school, on the real property
22    comprising a school, within 1,000 feet of the real
23    property comprising a school, at a school related
24    activity, or on or within 1,000 feet of any conveyance
25    owned, leased, or contracted by a school or school
26    district to transport students to or from school or a

 

 

HB0562 Enrolled- 162 -LRB102 02734 SPS 12886 b

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

 

 

HB0562 Enrolled- 163 -LRB102 02734 SPS 12886 b

1    of firearms in violation of paragraph (k) of subsection
2    (A) commits a Class 4 felony, except that a violation of
3    subparagraph (1) of paragraph (k) of subsection (A) shall
4    not be punishable as a crime or petty offense. A third or
5    subsequent conviction for a violation of paragraph (k) of
6    subsection (A) is a Class 1 felony.
7        (8) A person 18 years of age or older convicted of
8    unlawful sale or delivery of firearms in violation of
9    paragraph (a) or (i) of subsection (A), when the firearm
10    that was sold or given to another person under 18 years of
11    age was used in the commission of or attempt to commit a
12    forcible felony, shall be fined or imprisoned, or both,
13    not to exceed the maximum provided for the most serious
14    forcible felony so committed or attempted by the person
15    under 18 years of age who was sold or given the firearm.
16        (9) Any person convicted of unlawful sale or delivery
17    of firearms in violation of paragraph (d) of subsection
18    (A) commits a Class 3 felony.
19        (10) Any person convicted of unlawful sale or delivery
20    of firearms in violation of paragraph (l) of subsection
21    (A) commits a Class 2 felony if the delivery is of one
22    firearm. Any person convicted of unlawful sale or delivery
23    of firearms in violation of paragraph (l) of subsection
24    (A) commits a Class 1 felony if the delivery is of not less
25    than 2 and not more than 5 firearms at the same time or
26    within a one year period. Any person convicted of unlawful

 

 

HB0562 Enrolled- 164 -LRB102 02734 SPS 12886 b

1    sale or delivery of firearms in violation of paragraph (l)
2    of subsection (A) commits a Class X felony for which he or
3    she shall be sentenced to a term of imprisonment of not
4    less than 6 years and not more than 30 years if the
5    delivery is of not less than 6 and not more than 10
6    firearms at the same time or within a 2 year period. Any
7    person convicted of unlawful sale or delivery of firearms
8    in violation of paragraph (l) of subsection (A) commits a
9    Class X felony for which he or she shall be sentenced to a
10    term of imprisonment of not less than 6 years and not more
11    than 40 years if the delivery is of not less than 11 and
12    not more than 20 firearms at the same time or within a 3
13    year period. Any person convicted of unlawful sale or
14    delivery of firearms in violation of paragraph (l) of
15    subsection (A) commits a Class X felony for which he or she
16    shall be sentenced to a term of imprisonment of not less
17    than 6 years and not more than 50 years if the delivery is
18    of not less than 21 and not more than 30 firearms at the
19    same time or within a 4 year period. Any person convicted
20    of unlawful sale or delivery of firearms in violation of
21    paragraph (l) of subsection (A) commits a Class X felony
22    for which he or she shall be sentenced to a term of
23    imprisonment of not less than 6 years and not more than 60
24    years if the delivery is of 31 or more firearms at the same
25    time or within a 5 year period.
26    (D) For purposes of this Section:

 

 

HB0562 Enrolled- 165 -LRB102 02734 SPS 12886 b

1    "School" means a public or private elementary or secondary
2school, community college, college, or university.
3    "School related activity" means any sporting, social,
4academic, or other activity for which students' attendance or
5participation is sponsored, organized, or funded in whole or
6in part by a school or school district.
7    (E) A prosecution for a violation of paragraph (k) of
8subsection (A) of this Section may be commenced within 6 years
9after the commission of the offense. A prosecution for a
10violation of this Section other than paragraph (g) of
11subsection (A) of this Section may be commenced within 5 years
12after the commission of the offense defined in the particular
13paragraph.
14(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;
1599-642, eff. 7-28-16; 100-606, eff. 1-1-19.)
 
16    (720 ILCS 5/24-8)
17    Sec. 24-8. Firearm evidence tracing.
18    (a) Upon recovering a firearm from the possession of
19anyone who is not permitted by federal or State law to possess
20a firearm, a local law enforcement agency shall use the best
21available information, including a firearms trace when
22necessary, to determine how and from whom the person gained
23possession of the firearm. Upon recovering a firearm that was
24used in the commission of any offense classified as a felony or
25upon recovering a firearm that appears to have been lost,

 

 

HB0562 Enrolled- 166 -LRB102 02734 SPS 12886 b

1mislaid, stolen, or otherwise unclaimed, a local law
2enforcement agency shall use the best available information,
3including a firearms trace when necessary, to determine prior
4ownership of the firearm.
5    (b) Law Local law enforcement shall, when appropriate, use
6the National Tracing Center of the Federal Bureau of Alcohol,
7Tobacco and Firearms and the National Crime Information Center
8of the Federal Bureau of Investigation in complying with
9subsection (a) of this Section.
10    (c) Law Local law enforcement agencies shall use the
11Illinois Department of State Police Law Enforcement Agencies
12Data System (LEADS) Gun File to enter all stolen, seized, or
13recovered firearms as prescribed by LEADS regulations and
14policies.
15    (d) Whenever a law enforcement agency recovers a fired
16cartridge case at a crime scene or has reason to believe that
17the recovered fired cartridge case is related to or associated
18with the commission of a crime, the law enforcement agency
19shall submit the evidence to the National Integrated
20Ballistics Information Network (NIBIN) or an Illinois State
21Police laboratory for NIBIN processing. Whenever a law
22enforcement agency seizes or recovers a semiautomatic firearm
23that is deemed suitable to be entered into the NIBIN that was:
24(i) unlawfully possessed, (ii) used for any unlawful purpose,
25(iii) recovered from the scene of a crime, (iv) is reasonably
26believed to have been used or associated with the commission

 

 

HB0562 Enrolled- 167 -LRB102 02734 SPS 12886 b

1of a crime, or (v) is acquired by the law enforcement agency as
2an abandoned or discarded firearm, the law enforcement agency
3shall submit the evidence to the NIBIN or an Illinois State
4Police laboratory for NIBIN processing. When practicable, all
5NIBIN-suitable evidence and NIBIN-suitable test fires from
6recovered firearms shall be entered into the NIBIN within 2
7business days of submission to Illinois State Police
8laboratories that have NIBIN access or another NIBIN site.
9Exceptions to this may occur if the evidence in question
10requires analysis by other forensic disciplines. The Illinois
11State Police laboratory, submitting agency, and relevant court
12representatives shall determine whether the request for
13additional analysis outweighs the 2 business-day requirement.
14Illinois State Police laboratories that do not have NIBIN
15access shall submit NIBIN-suitable evidence and test fires to
16an Illinois State Police laboratory with NIBIN access. Upon
17receipt at the laboratory with NIBIN access, when practicable,
18the evidence and test fires shall be entered into the NIBIN
19within 2 business days. Exceptions to this 2 business-day
20requirement may occur if the evidence in question requires
21analysis by other forensic disciplines. The Illinois State
22Police laboratory, submitting agency, and relevant court
23representatives shall determine whether the request for
24additional analysis outweighs the 2 business-day requirement.
25Nothing in this Section shall be interpreted to conflict with
26standards and policies for NIBIN sites as promulgated by the

 

 

HB0562 Enrolled- 168 -LRB102 02734 SPS 12886 b

1federal Bureau of Alcohol, Tobacco, Firearms and Explosives or
2successor agencies.
3(Source: P.A. 91-364, eff. 1-1-00; 92-300, eff. 1-1-02.)
 
4    Section 35. The Code of Criminal Procedure of 1963 is
5amended by changing Section 112A-14 as follows:
 
6    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
7    Sec. 112A-14. Domestic violence order of protection;
8remedies.
9    (a) (Blank).
10    (b) The court may order any of the remedies listed in this
11subsection (b). The remedies listed in this subsection (b)
12shall be in addition to other civil or criminal remedies
13available to petitioner.
14        (1) Prohibition of abuse. Prohibit respondent's
15    harassment, interference with personal liberty,
16    intimidation of a dependent, physical abuse, or willful
17    deprivation, as defined in this Article, if such abuse has
18    occurred or otherwise appears likely to occur if not
19    prohibited.
20        (2) Grant of exclusive possession of residence.
21    Prohibit respondent from entering or remaining in any
22    residence, household, or premises of the petitioner,
23    including one owned or leased by respondent, if petitioner
24    has a right to occupancy thereof. The grant of exclusive

 

 

HB0562 Enrolled- 169 -LRB102 02734 SPS 12886 b

1    possession of the residence, household, or premises shall
2    not affect title to real property, nor shall the court be
3    limited by the standard set forth in subsection (c-2) of
4    Section 501 of the Illinois Marriage and Dissolution of
5    Marriage Act.
6            (A) Right to occupancy. A party has a right to
7        occupancy of a residence or household if it is solely
8        or jointly owned or leased by that party, that party's
9        spouse, a person with a legal duty to support that
10        party or a minor child in that party's care, or by any
11        person or entity other than the opposing party that
12        authorizes that party's occupancy (e.g., a domestic
13        violence shelter). Standards set forth in subparagraph
14        (B) shall not preclude equitable relief.
15            (B) Presumption of hardships. If petitioner and
16        respondent each has the right to occupancy of a
17        residence or household, the court shall balance (i)
18        the hardships to respondent and any minor child or
19        dependent adult in respondent's care resulting from
20        entry of this remedy with (ii) the hardships to
21        petitioner and any minor child or dependent adult in
22        petitioner's care resulting from continued exposure to
23        the risk of abuse (should petitioner remain at the
24        residence or household) or from loss of possession of
25        the residence or household (should petitioner leave to
26        avoid the risk of abuse). When determining the balance

 

 

HB0562 Enrolled- 170 -LRB102 02734 SPS 12886 b

1        of hardships, the court shall also take into account
2        the accessibility of the residence or household.
3        Hardships need not be balanced if respondent does not
4        have a right to occupancy.
5            The balance of hardships is presumed to favor
6        possession by petitioner unless the presumption is
7        rebutted by a preponderance of the evidence, showing
8        that the hardships to respondent substantially
9        outweigh the hardships to petitioner and any minor
10        child or dependent adult in petitioner's care. The
11        court, on the request of petitioner or on its own
12        motion, may order respondent to provide suitable,
13        accessible, alternate housing for petitioner instead
14        of excluding respondent from a mutual residence or
15        household.
16        (3) Stay away order and additional prohibitions. Order
17    respondent to stay away from petitioner or any other
18    person protected by the domestic violence order of
19    protection, or prohibit respondent from entering or
20    remaining present at petitioner's school, place of
21    employment, or other specified places at times when
22    petitioner is present, or both, if reasonable, given the
23    balance of hardships. Hardships need not be balanced for
24    the court to enter a stay away order or prohibit entry if
25    respondent has no right to enter the premises.
26            (A) If a domestic violence order of protection

 

 

HB0562 Enrolled- 171 -LRB102 02734 SPS 12886 b

1        grants petitioner exclusive possession of the
2        residence, prohibits respondent from entering the
3        residence, or orders respondent to stay away from
4        petitioner or other protected persons, then the court
5        may allow respondent access to the residence to remove
6        items of clothing and personal adornment used
7        exclusively by respondent, medications, and other
8        items as the court directs. The right to access shall
9        be exercised on only one occasion as the court directs
10        and in the presence of an agreed-upon adult third
11        party or law enforcement officer.
12            (B) When the petitioner and the respondent attend
13        the same public, private, or non-public elementary,
14        middle, or high school, the court when issuing a
15        domestic violence order of protection and providing
16        relief shall consider the severity of the act, any
17        continuing physical danger or emotional distress to
18        the petitioner, the educational rights guaranteed to
19        the petitioner and respondent under federal and State
20        law, the availability of a transfer of the respondent
21        to another school, a change of placement or a change of
22        program of the respondent, the expense, difficulty,
23        and educational disruption that would be caused by a
24        transfer of the respondent to another school, and any
25        other relevant facts of the case. The court may order
26        that the respondent not attend the public, private, or

 

 

HB0562 Enrolled- 172 -LRB102 02734 SPS 12886 b

1        non-public elementary, middle, or high school attended
2        by the petitioner, order that the respondent accept a
3        change of placement or change of program, as
4        determined by the school district or private or
5        non-public school, or place restrictions on the
6        respondent's movements within the school attended by
7        the petitioner. The respondent bears the burden of
8        proving by a preponderance of the evidence that a
9        transfer, change of placement, or change of program of
10        the respondent is not available. The respondent also
11        bears the burden of production with respect to the
12        expense, difficulty, and educational disruption that
13        would be caused by a transfer of the respondent to
14        another school. A transfer, change of placement, or
15        change of program is not unavailable to the respondent
16        solely on the ground that the respondent does not
17        agree with the school district's or private or
18        non-public school's transfer, change of placement, or
19        change of program or solely on the ground that the
20        respondent fails or refuses to consent or otherwise
21        does not take an action required to effectuate a
22        transfer, change of placement, or change of program.
23        When a court orders a respondent to stay away from the
24        public, private, or non-public school attended by the
25        petitioner and the respondent requests a transfer to
26        another attendance center within the respondent's

 

 

HB0562 Enrolled- 173 -LRB102 02734 SPS 12886 b

1        school district or private or non-public school, the
2        school district or private or non-public school shall
3        have sole discretion to determine the attendance
4        center to which the respondent is transferred. If the
5        court order results in a transfer of the minor
6        respondent to another attendance center, a change in
7        the respondent's placement, or a change of the
8        respondent's program, the parents, guardian, or legal
9        custodian of the respondent is responsible for
10        transportation and other costs associated with the
11        transfer or change.
12            (C) The court may order the parents, guardian, or
13        legal custodian of a minor respondent to take certain
14        actions or to refrain from taking certain actions to
15        ensure that the respondent complies with the order. If
16        the court orders a transfer of the respondent to
17        another school, the parents, guardian, or legal
18        custodian of the respondent is responsible for
19        transportation and other costs associated with the
20        change of school by the respondent.
21        (4) Counseling. Require or recommend the respondent to
22    undergo counseling for a specified duration with a social
23    worker, psychologist, clinical psychologist,
24    psychiatrist, family service agency, alcohol or substance
25    abuse program, mental health center guidance counselor,
26    agency providing services to elders, program designed for

 

 

HB0562 Enrolled- 174 -LRB102 02734 SPS 12886 b

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

 

 

HB0562 Enrolled- 175 -LRB102 02734 SPS 12886 b

1    Parentage Act of 2015, and this State's Uniform
2    Child-Custody Jurisdiction and Enforcement Act.
3        If the respondent is charged with abuse (as defined in
4    Section 112A-3 of this Code) of a minor child, there shall
5    be a rebuttable presumption that awarding temporary
6    significant decision-making responsibility to respondent
7    would not be in the child's best interest.
8        (7) Parenting time. Determine the parenting time, if
9    any, of respondent in any case in which the court awards
10    physical care or temporary significant decision-making
11    responsibility of a minor child to petitioner. The court
12    shall restrict or deny respondent's parenting time with a
13    minor child if the court finds that respondent has done or
14    is likely to do any of the following:
15            (i) abuse or endanger the minor child during
16        parenting time;
17            (ii) use the parenting time as an opportunity to
18        abuse or harass petitioner or petitioner's family or
19        household members;
20            (iii) improperly conceal or detain the minor
21        child; or
22            (iv) otherwise act in a manner that is not in the
23        best interests of the minor child.
24        The court shall not be limited by the standards set
25    forth in Section 603.10 of the Illinois Marriage and
26    Dissolution of Marriage Act. If the court grants parenting

 

 

HB0562 Enrolled- 176 -LRB102 02734 SPS 12886 b

1    time, the order shall specify dates and times for the
2    parenting time to take place or other specific parameters
3    or conditions that are appropriate. No order for parenting
4    time shall refer merely to the term "reasonable parenting
5    time". Petitioner may deny respondent access to the minor
6    child if, when respondent arrives for parenting time,
7    respondent is under the influence of drugs or alcohol and
8    constitutes a threat to the safety and well-being of
9    petitioner or petitioner's minor children or is behaving
10    in a violent or abusive manner. If necessary to protect
11    any member of petitioner's family or household from future
12    abuse, respondent shall be prohibited from coming to
13    petitioner's residence to meet the minor child for
14    parenting time, and the petitioner and respondent shall
15    submit to the court their recommendations for reasonable
16    alternative arrangements for parenting time. A person may
17    be approved to supervise parenting time only after filing
18    an affidavit accepting that responsibility and
19    acknowledging accountability to the court.
20        (8) Removal or concealment of minor child. Prohibit
21    respondent from removing a minor child from the State or
22    concealing the child within the State.
23        (9) Order to appear. Order the respondent to appear in
24    court, alone or with a minor child, to prevent abuse,
25    neglect, removal or concealment of the child, to return
26    the child to the custody or care of the petitioner, or to

 

 

HB0562 Enrolled- 177 -LRB102 02734 SPS 12886 b

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

 

 

HB0562 Enrolled- 178 -LRB102 02734 SPS 12886 b

1    if:
2            (i) petitioner, but not respondent, owns the
3        property; or
4            (ii) the petitioner and respondent own the
5        property jointly, and the balance of hardships favors
6        granting this remedy.
7        If petitioner's sole claim to ownership of the
8    property is that it is marital property, the court may
9    grant petitioner relief under subparagraph (ii) of this
10    paragraph only if a proper proceeding has been filed under
11    the Illinois Marriage and Dissolution of Marriage Act, as
12    now or hereafter amended.
13        The court may further prohibit respondent from
14    improperly using the financial or other resources of an
15    aged member of the family or household for the profit or
16    advantage of respondent or of any other person.
17        (11.5) Protection of animals. Grant the petitioner the
18    exclusive care, custody, or control of any animal owned,
19    possessed, leased, kept, or held by either the petitioner
20    or the respondent or a minor child residing in the
21    residence or household of either the petitioner or the
22    respondent and order the respondent to stay away from the
23    animal and forbid the respondent from taking,
24    transferring, encumbering, concealing, harming, or
25    otherwise disposing of the animal.
26        (12) Order for payment of support. Order respondent to

 

 

HB0562 Enrolled- 179 -LRB102 02734 SPS 12886 b

1    pay temporary support for the petitioner or any child in
2    the petitioner's care or over whom the petitioner has been
3    allocated parental responsibility, when the respondent has
4    a legal obligation to support that person, in accordance
5    with the Illinois Marriage and Dissolution of Marriage
6    Act, which shall govern, among other matters, the amount
7    of support, payment through the clerk and withholding of
8    income to secure payment. An order for child support may
9    be granted to a petitioner with lawful physical care of a
10    child, or an order or agreement for physical care of a
11    child, prior to entry of an order allocating significant
12    decision-making responsibility. Such a support order shall
13    expire upon entry of a valid order allocating parental
14    responsibility differently and vacating petitioner's
15    significant decision-making responsibility unless
16    otherwise provided in the order.
17        (13) Order for payment of losses. Order respondent to
18    pay petitioner for losses suffered as a direct result of
19    the abuse. Such losses shall include, but not be limited
20    to, medical expenses, lost earnings or other support,
21    repair or replacement of property damaged or taken,
22    reasonable attorney's fees, court costs, and moving or
23    other travel expenses, including additional reasonable
24    expenses for temporary shelter and restaurant meals.
25            (i) Losses affecting family needs. If a party is
26        entitled to seek maintenance, child support, or

 

 

HB0562 Enrolled- 180 -LRB102 02734 SPS 12886 b

1        property distribution from the other party under the
2        Illinois Marriage and Dissolution of Marriage Act, as
3        now or hereafter amended, the court may order
4        respondent to reimburse petitioner's actual losses, to
5        the extent that such reimbursement would be
6        "appropriate temporary relief", as authorized by
7        subsection (a)(3) of Section 501 of that Act.
8            (ii) Recovery of expenses. In the case of an
9        improper concealment or removal of a minor child, the
10        court may order respondent to pay the reasonable
11        expenses incurred or to be incurred in the search for
12        and recovery of the minor child, including, but not
13        limited to, legal fees, court costs, private
14        investigator fees, and travel costs.
15        (14) Prohibition of entry. Prohibit the respondent
16    from entering or remaining in the residence or household
17    while the respondent is under the influence of alcohol or
18    drugs and constitutes a threat to the safety and
19    well-being of the petitioner or the petitioner's children.
20        (14.5) Prohibition of firearm possession.
21            (A) A person who is subject to an existing
22        domestic violence order of protection issued under
23        this Code may not lawfully possess weapons or a
24        Firearm Owner's Identification Card under Section 8.2
25        of the Firearm Owners Identification Card Act.
26            (B) Any firearms in the possession of the

 

 

HB0562 Enrolled- 181 -LRB102 02734 SPS 12886 b

1        respondent, except as provided in subparagraph (C) of
2        this paragraph (14.5), shall be ordered by the court
3        to be turned over to a person with a valid Firearm
4        Owner's Identification Card for safekeeping. The court
5        shall issue an order that the respondent comply with
6        Section 9.5 of the Firearm Owners Identification Card
7        Act. the respondent's Firearm Owner's Identification
8        Card be turned over to the local law enforcement
9        agency, which in turn shall immediately mail the card
10        to the Department of State Police Firearm Owner's
11        Identification Card Office for safekeeping. The period
12        of safekeeping shall be for the duration of the
13        domestic violence order of protection. The firearm or
14        firearms and Firearm Owner's Identification Card, if
15        unexpired, shall at the respondent's request be
16        returned to the respondent at expiration of the
17        domestic violence order of protection.
18            (C) If the respondent is a peace officer as
19        defined in Section 2-13 of the Criminal Code of 2012,
20        the court shall order that any firearms used by the
21        respondent in the performance of his or her duties as a
22        peace officer be surrendered to the chief law
23        enforcement executive of the agency in which the
24        respondent is employed, who shall retain the firearms
25        for safekeeping for the duration of the domestic
26        violence order of protection.

 

 

HB0562 Enrolled- 182 -LRB102 02734 SPS 12886 b

1            (D) Upon expiration of the period of safekeeping,
2        if the firearms or Firearm Owner's Identification Card
3        cannot be returned to respondent because respondent
4        cannot be located, fails to respond to requests to
5        retrieve the firearms, or is not lawfully eligible to
6        possess a firearm, upon petition from the local law
7        enforcement agency, the court may order the local law
8        enforcement agency to destroy the firearms, use the
9        firearms for training purposes, or for any other
10        application as deemed appropriate by the local law
11        enforcement agency; or that the firearms be turned
12        over to a third party who is lawfully eligible to
13        possess firearms, and who does not reside with
14        respondent.
15        (15) Prohibition of access to records. If a domestic
16    violence order of protection prohibits respondent from
17    having contact with the minor child, or if petitioner's
18    address is omitted under subsection (b) of Section 112A-5
19    of this Code, or if necessary to prevent abuse or wrongful
20    removal or concealment of a minor child, the order shall
21    deny respondent access to, and prohibit respondent from
22    inspecting, obtaining, or attempting to inspect or obtain,
23    school or any other records of the minor child who is in
24    the care of petitioner.
25        (16) Order for payment of shelter services. Order
26    respondent to reimburse a shelter providing temporary

 

 

HB0562 Enrolled- 183 -LRB102 02734 SPS 12886 b

1    housing and counseling services to the petitioner for the
2    cost of the services, as certified by the shelter and
3    deemed reasonable by the court.
4        (17) Order for injunctive relief. Enter injunctive
5    relief necessary or appropriate to prevent further abuse
6    of a family or household member or to effectuate one of the
7    granted remedies, if supported by the balance of
8    hardships. If the harm to be prevented by the injunction
9    is abuse or any other harm that one of the remedies listed
10    in paragraphs (1) through (16) of this subsection is
11    designed to prevent, no further evidence is necessary to
12    establish that the harm is an irreparable injury.
13        (18) Telephone services.
14            (A) Unless a condition described in subparagraph
15        (B) of this paragraph exists, the court may, upon
16        request by the petitioner, order a wireless telephone
17        service provider to transfer to the petitioner the
18        right to continue to use a telephone number or numbers
19        indicated by the petitioner and the financial
20        responsibility associated with the number or numbers,
21        as set forth in subparagraph (C) of this paragraph. In
22        this paragraph (18), the term "wireless telephone
23        service provider" means a provider of commercial
24        mobile service as defined in 47 U.S.C. 332. The
25        petitioner may request the transfer of each telephone
26        number that the petitioner, or a minor child in his or

 

 

HB0562 Enrolled- 184 -LRB102 02734 SPS 12886 b

1        her custody, uses. The clerk of the court shall serve
2        the order on the wireless telephone service provider's
3        agent for service of process provided to the Illinois
4        Commerce Commission. The order shall contain all of
5        the following:
6                (i) The name and billing telephone number of
7            the account holder including the name of the
8            wireless telephone service provider that serves
9            the account.
10                (ii) Each telephone number that will be
11            transferred.
12                (iii) A statement that the provider transfers
13            to the petitioner all financial responsibility for
14            and right to the use of any telephone number
15            transferred under this paragraph.
16            (B) A wireless telephone service provider shall
17        terminate the respondent's use of, and shall transfer
18        to the petitioner use of, the telephone number or
19        numbers indicated in subparagraph (A) of this
20        paragraph unless it notifies the petitioner, within 72
21        hours after it receives the order, that one of the
22        following applies:
23                (i) The account holder named in the order has
24            terminated the account.
25                (ii) A difference in network technology would
26            prevent or impair the functionality of a device on

 

 

HB0562 Enrolled- 185 -LRB102 02734 SPS 12886 b

1            a network if the transfer occurs.
2                (iii) The transfer would cause a geographic or
3            other limitation on network or service provision
4            to the petitioner.
5                (iv) Another technological or operational
6            issue would prevent or impair the use of the
7            telephone number if the transfer occurs.
8            (C) The petitioner assumes all financial
9        responsibility for and right to the use of any
10        telephone number transferred under this paragraph. In
11        this paragraph, "financial responsibility" includes
12        monthly service costs and costs associated with any
13        mobile device associated with the number.
14            (D) A wireless telephone service provider may
15        apply to the petitioner its routine and customary
16        requirements for establishing an account or
17        transferring a number, including requiring the
18        petitioner to provide proof of identification,
19        financial information, and customer preferences.
20            (E) Except for willful or wanton misconduct, a
21        wireless telephone service provider is immune from
22        civil liability for its actions taken in compliance
23        with a court order issued under this paragraph.
24            (F) All wireless service providers that provide
25        services to residential customers shall provide to the
26        Illinois Commerce Commission the name and address of

 

 

HB0562 Enrolled- 186 -LRB102 02734 SPS 12886 b

1        an agent for service of orders entered under this
2        paragraph (18). Any change in status of the registered
3        agent must be reported to the Illinois Commerce
4        Commission within 30 days of such change.
5            (G) The Illinois Commerce Commission shall
6        maintain the list of registered agents for service for
7        each wireless telephone service provider on the
8        Commission's website. The Commission may consult with
9        wireless telephone service providers and the Circuit
10        Court Clerks on the manner in which this information
11        is provided and displayed.
12    (c) Relevant factors; findings.
13        (1) In determining whether to grant a specific remedy,
14    other than payment of support, the court shall consider
15    relevant factors, including, but not limited to, the
16    following:
17            (i) the nature, frequency, severity, pattern, and
18        consequences of the respondent's past abuse of the
19        petitioner or any family or household member,
20        including the concealment of his or her location in
21        order to evade service of process or notice, and the
22        likelihood of danger of future abuse to petitioner or
23        any member of petitioner's or respondent's family or
24        household; and
25            (ii) the danger that any minor child will be
26        abused or neglected or improperly relocated from the

 

 

HB0562 Enrolled- 187 -LRB102 02734 SPS 12886 b

1        jurisdiction, improperly concealed within the State,
2        or improperly separated from the child's primary
3        caretaker.
4        (2) In comparing relative hardships resulting to the
5    parties from loss of possession of the family home, the
6    court shall consider relevant factors, including, but not
7    limited to, the following:
8            (i) availability, accessibility, cost, safety,
9        adequacy, location, and other characteristics of
10        alternate housing for each party and any minor child
11        or dependent adult in the party's care;
12            (ii) the effect on the party's employment; and
13            (iii) the effect on the relationship of the party,
14        and any minor child or dependent adult in the party's
15        care, to family, school, church, and community.
16        (3) Subject to the exceptions set forth in paragraph
17    (4) of this subsection (c), the court shall make its
18    findings in an official record or in writing, and shall at
19    a minimum set forth the following:
20            (i) That the court has considered the applicable
21        relevant factors described in paragraphs (1) and (2)
22        of this subsection (c).
23            (ii) Whether the conduct or actions of respondent,
24        unless prohibited, will likely cause irreparable harm
25        or continued abuse.
26            (iii) Whether it is necessary to grant the

 

 

HB0562 Enrolled- 188 -LRB102 02734 SPS 12886 b

1        requested relief in order to protect petitioner or
2        other alleged abused persons.
3        (4) (Blank).
4        (5) Never married parties. No rights or
5    responsibilities for a minor child born outside of
6    marriage attach to a putative father until a father and
7    child relationship has been established under the Illinois
8    Parentage Act of 1984, the Illinois Parentage Act of 2015,
9    the Illinois Public Aid Code, Section 12 of the Vital
10    Records Act, the Juvenile Court Act of 1987, the Probate
11    Act of 1975, the Uniform Interstate Family Support Act,
12    the Expedited Child Support Act of 1990, any judicial,
13    administrative, or other act of another state or
14    territory, any other statute of this State, or by any
15    foreign nation establishing the father and child
16    relationship, any other proceeding substantially in
17    conformity with the federal Personal Responsibility and
18    Work Opportunity Reconciliation Act of 1996, or when both
19    parties appeared in open court or at an administrative
20    hearing acknowledging under oath or admitting by
21    affirmation the existence of a father and child
22    relationship. Absent such an adjudication, no putative
23    father shall be granted temporary allocation of parental
24    responsibilities, including parenting time with the minor
25    child, or physical care and possession of the minor child,
26    nor shall an order of payment for support of the minor

 

 

HB0562 Enrolled- 189 -LRB102 02734 SPS 12886 b

1    child be entered.
2    (d) Balance of hardships; findings. If the court finds
3that the balance of hardships does not support the granting of
4a remedy governed by paragraph (2), (3), (10), (11), or (16) of
5subsection (b) of this Section, which may require such
6balancing, the court's findings shall so indicate and shall
7include a finding as to whether granting the remedy will
8result in hardship to respondent that would substantially
9outweigh the hardship to petitioner from denial of the remedy.
10The findings shall be an official record or in writing.
11    (e) Denial of remedies. Denial of any remedy shall not be
12based, in whole or in part, on evidence that:
13        (1) respondent has cause for any use of force, unless
14    that cause satisfies the standards for justifiable use of
15    force provided by Article 7 of the Criminal Code of 2012;
16        (2) respondent was voluntarily intoxicated;
17        (3) petitioner acted in self-defense or defense of
18    another, provided that, if petitioner utilized force, such
19    force was justifiable under Article 7 of the Criminal Code
20    of 2012;
21        (4) petitioner did not act in self-defense or defense
22    of another;
23        (5) petitioner left the residence or household to
24    avoid further abuse by respondent;
25        (6) petitioner did not leave the residence or
26    household to avoid further abuse by respondent; or

 

 

HB0562 Enrolled- 190 -LRB102 02734 SPS 12886 b

1        (7) conduct by any family or household member excused
2    the abuse by respondent, unless that same conduct would
3    have excused such abuse if the parties had not been family
4    or household members.
5(Source: P.A. 100-199, eff. 1-1-18; 100-388, eff. 1-1-18;
6100-597, eff. 6-29-18; 100-863, eff. 8-14-18; 100-923, eff.
71-1-19; 101-81, eff. 7-12-19.)
 
8    Section 40. The Unified Code of Corrections is amended by
9changing Section 5-4-3a as follows:
 
10    (730 ILCS 5/5-4-3a)
11    Sec. 5-4-3a. DNA testing backlog accountability.
12    (a) On or before August 1 of each year, the Department of
13State Police shall report to the Governor and both houses of
14the General Assembly the following information:
15        (1) the extent of the backlog of cases awaiting
16    testing or awaiting DNA analysis by that Department,
17    including but not limited to those tests conducted under
18    Section 5-4-3, as of June 30 of the previous fiscal year,
19    with the backlog being defined as all cases awaiting
20    forensic testing whether in the physical custody of the
21    State Police or in the physical custody of local law
22    enforcement, provided that the State Police have written
23    notice of any evidence in the physical custody of local
24    law enforcement prior to June 1 of that year; and

 

 

HB0562 Enrolled- 191 -LRB102 02734 SPS 12886 b

1        (2) what measures have been and are being taken to
2    reduce that backlog and the estimated costs or
3    expenditures in doing so.
4    (b) The information reported under this Section shall be
5made available to the public, at the time it is reported, on
6the official web site of the Department of State Police.
7    (c) Beginning January 1, 2016, the Department of State
8Police shall quarterly report on the status of the processing
9of forensic biology and DNA evidence submitted to the
10Department of State Police Laboratory for analysis. The report
11shall be submitted to the Governor and the General Assembly,
12and shall be posted on the Department of State Police website.
13The report shall include the following for each State Police
14Laboratory location and any laboratory to which the Department
15of State Police has outsourced evidence for testing:
16        (1) For forensic biology submissions, report both
17    total case and sexual assault or abuse case (as defined by
18    the Sexual Assault Evidence Submission Act) figures for:
19            (A) The number of cases received in the preceding
20        quarter.
21            (B) The number of cases completed in the preceding
22        quarter.
23            (C) The number of cases waiting analysis.
24            (D) The number of cases sent for outsourcing.
25            (E) The number of cases waiting analysis that were
26        received within the past 30 days.

 

 

HB0562 Enrolled- 192 -LRB102 02734 SPS 12886 b

1            (F) The number of cases waiting analysis that were
2        received 31 to 90 days prior.
3            (G) The number of cases waiting analysis that were
4        received 91 to 180 days prior.
5            (H) The number of cases waiting analysis that were
6        received 181 to 365 days prior.
7            (I) The number of cases waiting analysis that were
8        received more than 365 days prior.
9            (J) The number of cases forwarded for DNA
10        analyses.
11        (2) For DNA submissions, report both total case and
12    sexual assault or abuse case (as defined by the Sexual
13    Assault Evidence Submission Act) figures for:
14            (A) The number of cases received in the preceding
15        quarter.
16            (B) The number of cases completed in the preceding
17        quarter.
18            (C) The number of cases waiting analysis.
19            (D) The number of cases sent for outsourcing.
20            (E) The number of cases waiting analysis that were
21        received within the past 30 days.
22            (F) The number of cases waiting analysis that were
23        received 31 to 90 days prior.
24            (G) The number of cases waiting analysis that were
25        received 91 to 180 days prior.
26            (H) The number of cases waiting analysis that were

 

 

HB0562 Enrolled- 193 -LRB102 02734 SPS 12886 b

1        received 181 to 365 days prior.
2            (I) The number of cases waiting analysis that were
3        received more than 365 days prior.
4        (3) For all other categories of testing (e.g., drug
5    chemistry, firearms/toolmark, footwear/tire track, latent
6    prints, toxicology, and trace chemistry analysis):
7            (A) The number of cases received in the preceding
8        quarter.
9            (B) The number of cases completed in the preceding
10        quarter.
11            (C) The number of cases waiting analysis.
12            (D) The number of cases entered in the National
13        Integrated Ballistic Information Network (NIBIN).
14            (E) The number of investigative leads developed
15        from National Integrated Ballistic Information Network
16        (NIBIN) analysis.
17        (4) For the Combined DNA Index System (CODIS), report
18    both total case and sexual assault or abuse case (as
19    defined by the Sexual Assault Evidence Submission Act)
20    figures for subparagraphs (D), (E), and (F) of this
21    paragraph (4):
22            (A) The number of new offender samples received in
23        the preceding quarter.
24            (B) The number of offender samples uploaded to
25        CODIS in the preceding quarter.
26            (C) The number of offender samples awaiting

 

 

HB0562 Enrolled- 194 -LRB102 02734 SPS 12886 b

1        analysis.
2            (D) The number of unknown DNA case profiles
3        uploaded to CODIS in the preceding quarter.
4            (E) The number of CODIS hits in the preceding
5        quarter.
6            (F) The number of forensic evidence submissions
7        submitted to confirm a previously reported CODIS hit.
8        (5) For each category of testing, report the number of
9    trained forensic scientists and the number of forensic
10    scientists in training.
11    As used in this subsection (c), "completed" means
12completion of both the analysis of the evidence and the
13provision of the results to the submitting law enforcement
14agency.
15    (d) The provisions of this subsection (d), other than this
16sentence, are inoperative on and after January 1, 2019 or 2
17years after the effective date of this amendatory Act of the
1899th General Assembly, whichever is later. In consultation
19with and subject to the approval of the Chief Procurement
20Officer, the Department of State Police may obtain contracts
21for services, commodities, and equipment to assist in the
22timely completion of forensic biology, DNA, drug chemistry,
23firearms/toolmark, footwear/tire track, latent prints,
24toxicology, microscopy, trace chemistry, and Combined DNA
25Index System (CODIS) analysis. Contracts to support the
26delivery of timely forensic science services are not subject

 

 

HB0562 Enrolled- 195 -LRB102 02734 SPS 12886 b

1to the provisions of the Illinois Procurement Code, except for
2Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of
3that Code, provided that the Chief Procurement Officer may, in
4writing with justification, waive any certification required
5under Article 50 of the Illinois Procurement Code. For any
6contracts for services which are currently provided by members
7of a collective bargaining agreement, the applicable terms of
8the collective bargaining agreement concerning subcontracting
9shall be followed.
10(Source: P.A. 99-352, eff. 1-1-16; 99-801, eff. 1-1-17.)
 
11    Section 90. Illinois State Police; adoption of rules. The
12Illinois State Police shall adopt rules to implement this Act.
 
13    Section 95. No acceleration or delay. Where this Act makes
14changes in a statute that is represented in this Act by text
15that is not yet or no longer in effect (for example, a Section
16represented by multiple versions), the use of that text does
17not accelerate or delay the taking effect of (i) the changes
18made by this Act or (ii) provisions derived from any other
19Public Act.
 
20    Section 99. Effective date. This Act takes effect on
21January 1, 2022, except that the amendatory changes to Section
223 of the Firearm Owners Identification Card Act take effect
23January 1, 2024.