State of Illinois
2013 and 2014


Introduced , by Rep. Deborah Conroy


430 ILCS 66/70

    Amends the Firearm Concealed Carry Act. Provides that a person who is convicted of carrying a concealed firearm into a prohibited place shall pay a $500 (rather than a $150) fee to be deposited into the Mental Health Reporting Fund, plus any applicable court costs or fees. Effective immediately.

LRB098 13726 RLC 48253 b






HB3675LRB098 13726 RLC 48253 b

1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Firearm Concealed Carry Act is amended by
5changing Section 70 as follows:
6    (430 ILCS 66/70)
7    Sec. 70. Violations.
8    (a) A license issued or renewed under this Act shall be
9revoked if, at any time, the licensee is found to be ineligible
10for a license under this Act or the licensee no longer meets
11the eligibility requirements of the Firearm Owners
12Identification Card Act.
13    (b) A license shall be suspended if an order of protection,
14including an emergency order of protection, plenary order of
15protection, or interim order of protection under Article 112A
16of the Code of Criminal Procedure of 1963 or under the Illinois
17Domestic Violence Act of 1986, is issued against a licensee for
18the duration of the order, or if the Department is made aware
19of a similar order issued against the licensee in any other
20jurisdiction. If an order of protection is issued against a
21licensee, the licensee shall surrender the license, as
22applicable, to the court at the time the order is entered or to
23the law enforcement agency or entity serving process at the



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1time the licensee is served the order. The court, law
2enforcement agency, or entity responsible for serving the order
3of protection shall notify the Department within 7 days and
4transmit the license to the Department.
5    (c) A license is invalid upon expiration of the license,
6unless the licensee has submitted an application to renew the
7license, and the applicant is otherwise eligible to possess a
8license under this Act.
9    (d) A licensee shall not carry a concealed firearm while
10under the influence of alcohol, other drug or drugs,
11intoxicating compound or combination of compounds, or any
12combination thereof, under the standards set forth in
13subsection (a) of Section 11-501 of the Illinois Vehicle Code.
14    A licensee in violation of this subsection (d) shall be
15guilty of a Class A misdemeanor for a first or second violation
16and a Class 4 felony for a third violation. The Department may
17suspend a license for up to 6 months for a second violation and
18shall permanently revoke a license for a third violation.
19    (e) Except as otherwise provided, a licensee in violation
20of this Act shall be guilty of a Class B misdemeanor. A second
21or subsequent violation is a Class A misdemeanor. The
22Department may suspend a license for up to 6 months for a
23second violation and shall permanently revoke a license for 3
24or more violations of Section 65 of this Act. Any person
25convicted of a violation under this Section, other than a
26violation of Section 65 of this Act, shall pay a $150 fee to be



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1deposited into the Mental Health Reporting Fund, plus any
2applicable court costs or fees. Any person convicted of a
3violation of Section 65 of this Act shall pay a $500 fee to be
4deposited into the Mental Health Reporting Fund, plus any
5applicable court costs or fees.
6    (f) A licensee convicted or found guilty of a violation of
7this Act who has a valid license and is otherwise eligible to
8carry a concealed firearm shall only be subject to the
9penalties under this Section and shall not be subject to the
10penalties under Section 21-6, paragraph (4), (8), or (10) of
11subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
12of paragraph (3) of subsection (a) of Section 24-1.6 of the
13Criminal Code of 2012. Except as otherwise provided in this
14subsection, nothing in this subsection prohibits the licensee
15from being subjected to penalties for violations other than
16those specified in this Act.
17    (g) A licensee whose license is revoked, suspended, or
18denied shall, within 48 hours of receiving notice of the
19revocation, suspension, or denial surrender his or her
20concealed carry license to the local law enforcement agency
21where the person resides. The local law enforcement agency
22shall provide the licensee a receipt and transmit the concealed
23carry license to the Department of State Police. If the
24licensee whose concealed carry license has been revoked,
25suspended, or denied fails to comply with the requirements of
26this subsection, the law enforcement agency where the person



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1resides may petition the circuit court to issue a warrant to
2search for and seize the concealed carry license in the
3possession and under the custody or control of the licensee
4whose concealed carry license has been revoked, suspended, or
5denied. The observation of a concealed carry license in the
6possession of a person whose license has been revoked,
7suspended, or denied constitutes a sufficient basis for the
8arrest of that person for violation of this subsection. A
9violation of this subsection is a Class A misdemeanor.
10    (h) A license issued or renewed under this Act shall be
11revoked if, at any time, the licensee is found ineligible for a
12Firearm Owner's Identification Card, or the licensee no longer
13possesses a valid Firearm Owner's Identification Card. A
14licensee whose license is revoked under this subsection (h)
15shall surrender his or her concealed carry license as provided
16for in subsection (g) of this Section.
17    This subsection shall not apply to a person who has filed
18an application with the State Police for renewal of a Firearm
19Owner's Identification Card and who is not otherwise ineligible
20to obtain a Firearm Owner's Identification Card.
21(Source: P.A. 98-63, eff. 7-9-13.)
22    Section 99. Effective date. This Act takes effect upon
23becoming law.