Illinois General Assembly - Full Text of HB3679
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Full Text of HB3679  102nd General Assembly

HB3679 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3679

 

Introduced 2/22/2021, by Rep. Joe Sosnowski

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/5  from Ch. 38, par. 83-5
430 ILCS 65/10  from Ch. 38, par. 83-10
430 ILCS 66/50
430 ILCS 66/87

    Amends the Firearm Owners Identification Card Act. Provides that a renewal application for a Firearm Owner's Identification Card shall be approved or denied by the Illinois State Police within 90 calendar days (instead of 60 business days). Provides that the Director of the Illinois State Police must act on an appeal of a failure of the Illinois State Police to act on an application for a Firearm Owner's Identification Card or a denial, revocation, or seizure of the Card within 90 calendar days after receipt of the appeal. Provides that if the Director fails to act within that 90-day period, the application for the Firearm Owner's Identification Card shall be granted or the revoked Card shall be reinstated or a seized Card returned to the person whose Card has been seized. Amends the Firearm Concealed Carry Act. Provides that a renewal application for a concealed carry license shall be approved or denied by the Illinois State Police within 90 calendar days. Provides that the Director of the Illinois State Police must act on an appeal of a failure of the Illinois State Police to act on an application for a concealed carry license or a denial, revocation, or suspension of the concealed carry license within 90 calendar days after receipt of the appeal. If the Director fails to act within that 90-day period, the application for the concealed carry license shall be granted or the revoked or suspended concealed carry license shall be reinstated.


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A BILL FOR

 

HB3679LRB102 11911 KMF 17247 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 Owners Identification Card Act is
5amended by changing Sections 5 and 10 as follows:
 
6    (430 ILCS 65/5)  (from Ch. 38, par. 83-5)
7    Sec. 5. Application and renewal.
8    (a) The Department of State Police shall either approve or
9deny all applications within 30 days from the date they are
10received, except as provided in subsection (b) of this
11Section, and every applicant found qualified under Section 8
12of this Act by the Department shall be entitled to a Firearm
13Owner's Identification Card upon the payment of a $10 fee. Any
14applicant who is an active duty member of the Armed Forces of
15the United States, a member of the Illinois National Guard, or
16a member of the Reserve Forces of the United States is exempt
17from the application fee. $6 of each fee derived from the
18issuance of Firearm Owner's Identification Cards, or renewals
19thereof, shall be deposited in the Wildlife and Fish Fund in
20the State Treasury; $1 of the fee shall be deposited in the
21State Police Services Fund and $3 of the fee shall be deposited
22in the State Police Firearm Services Fund.
23    (b) Renewal applications shall be approved or denied

 

 

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1within 90 calendar 60 business days, provided the applicant
2submitted his or her renewal application prior to the
3expiration of his or her Firearm Owner's Identification Card.
4If a renewal application has been submitted prior to the
5expiration date of the applicant's Firearm Owner's
6Identification Card, the Firearm Owner's Identification Card
7shall remain valid while the Department processes the
8application, unless the person is subject to or becomes
9subject to revocation under this Act. The cost for a renewal
10application shall be $10 which shall be deposited into the
11State Police Firearm Services Fund.
12(Source: P.A. 100-906, eff. 1-1-19.)
 
13    (430 ILCS 65/10)  (from Ch. 38, par. 83-10)
14    Sec. 10. Appeal to director; hearing; relief from firearm
15prohibitions.
16    (a) Whenever an application for a Firearm Owner's
17Identification Card is denied, whenever the Department fails
18to act on an application within 30 days of its receipt, or
19whenever such a Card is revoked or seized as provided for in
20Section 8 of this Act, the aggrieved party may appeal to the
21Director of State Police for a hearing upon such denial,
22revocation or seizure, unless the denial, revocation, or
23seizure was based upon a forcible felony, stalking, aggravated
24stalking, domestic battery, any violation of the Illinois
25Controlled Substances Act, the Methamphetamine Control and

 

 

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1Community Protection Act, or the Cannabis Control Act that is
2classified as a Class 2 or greater felony, any felony
3violation of Article 24 of the Criminal Code of 1961 or the
4Criminal Code of 2012, or any adjudication as a delinquent
5minor for the commission of an offense that if committed by an
6adult would be a felony, in which case the aggrieved party may
7petition the circuit court in writing in the county of his or
8her residence for a hearing upon such denial, revocation, or
9seizure. The Director must act on an appeal of a failure of the
10Illinois State Police to act on an application for a Firearm
11Owner's Identification Card or a denial, revocation, or
12seizure of the Card within 90 calendar days after receipt of
13the appeal. If the Director fails to act within that 90-day
14period, the application for the Firearm Owner's Identification
15Card shall be granted or the revoked Card shall be reinstated
16or a seized Card returned to the person whose Card has been
17seized.
18    (b) At least 30 days before any hearing in the circuit
19court, the petitioner shall serve the relevant State's
20Attorney with a copy of the petition. The State's Attorney may
21object to the petition and present evidence. At the hearing
22the court shall determine whether substantial justice has been
23done. Should the court determine that substantial justice has
24not been done, the court shall issue an order directing the
25Department of State Police to issue a Card. However, the court
26shall not issue the order if the petitioner is otherwise

 

 

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

 

 

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

 

 

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

 

 

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1relief until the proof and information is received.
2    (4) "Clinical psychologist", "psychiatrist", and
3"qualified examiner" shall have the same meaning as provided
4in Chapter I of the Mental Health and Developmental
5Disabilities Code.
6    (c-10) (1) An applicant, who is denied, revoked, or has
7his or her Firearm Owner's Identification Card seized under
8subsection (e) of Section 8 of this Act based upon a
9determination of a developmental disability or an intellectual
10disability may apply to the Director of State Police
11requesting relief.
12    (2) The Director shall act on the request for relief
13within 60 business days of receipt of written certification,
14in the form prescribed by the Director, from a physician or
15clinical psychologist, or qualified examiner, that the
16aggrieved party's developmental disability or intellectual
17disability condition is determined by a physician, clinical
18psychologist, or qualified to be mild. If a fact-finding
19conference is scheduled to obtain additional information
20concerning the circumstances of the denial or revocation, the
2160 business days the Director has to act shall be tolled until
22the completion of the fact-finding conference.
23    (3) The Director may grant relief if the aggrieved party's
24developmental disability or intellectual disability is mild as
25determined by a physician, clinical psychologist, or qualified
26examiner and it is established by the applicant to the

 

 

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

 

 

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

 

 

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1Instant Criminal Background Check System and notify the United
2States Attorney General that the basis for the record being
3made available no longer applies. The Department of State
4Police shall adopt rules for the administration of this
5Section.
6(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78,
7eff. 7-20-15.)
 
8    Section 10. The Firearm Concealed Carry Act is amended by
9changing Sections 50 and 87 as follows:
 
10    (430 ILCS 66/50)
11    Sec. 50. License renewal.
12    (a) This subsection (a) applies through the 180th day
13following the effective date of this amendatory Act of the
14101st General Assembly. Applications for renewal of a license
15shall be made to the Department. A license shall be renewed for
16a period of 5 years upon receipt of a completed renewal
17application, completion of 3 hours of training required under
18Section 75 of this Act, payment of the applicable renewal fee,
19and completion of an investigation under Section 35 of this
20Act. The renewal application shall contain the information
21required in Section 30 of this Act, except that the applicant
22need not resubmit a full set of fingerprints.
23    (b) This subsection (b) applies on and after the 181st day
24following the effective date of this amendatory Act of the

 

 

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1101st General Assembly. Applications for renewal of a license
2shall be made to the Department. A license shall be renewed for
3a period of 5 years from the date of expiration on the
4applicant's current license upon the receipt of a completed
5renewal application, completion of 3 hours of training
6required under Section 75 of this Act, payment of the
7applicable renewal fee, and completion of an investigation
8under Section 35 of this Act. The renewal application shall
9contain the information required in Section 30 of this Act,
10except that the applicant need not resubmit a full set of
11fingerprints. Renewal applications shall be approved or denied
12within 90 calendar days.
13(Source: P.A. 101-80, eff. 7-12-19.)
 
14    (430 ILCS 66/87)
15    Sec. 87. Administrative and judicial review.
16    (a) Whenever an application for a concealed carry license
17is denied, whenever the Department fails to act on an
18application within 90 days of its receipt, or whenever a
19license is revoked or suspended as provided in this Act, the
20aggrieved party may appeal to the Director for a hearing upon
21the denial, revocation, suspension, or failure to act on the
22application, unless the denial was made by the Concealed Carry
23Licensing Review Board, in which case the aggrieved party may
24petition the circuit court in writing in the county of his or
25her residence for a hearing upon the denial. The Director must

 

 

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1act on an appeal of a failure of the Illinois State Police to
2act on an application for a concealed carry license or a
3denial, revocation, or suspension of the concealed carry
4license within 90 calendar days after receipt of the appeal.
5If the Director fails to act within that 90-day period, the
6application for the concealed carry license shall be granted
7or the revoked or suspended concealed carry license shall be
8reinstated.
9    (b) All final administrative decisions of the Department
10or the Concealed Carry Licensing Review Board under this Act
11shall be subject to judicial review under the provisions of
12the Administrative Review Law. The term "administrative
13decision" is defined as in Section 3-101 of the Code of Civil
14Procedure.
15(Source: P.A. 98-63, eff. 7-9-13.)