093_SB2090

                                     LRB093 12628 RLC 17821 b

 1        AN ACT in relation to firearms.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Firearm Owners Identification Card Act is
 5    amended by changing Section 6 as follows:

 6        (430 ILCS 65/6) (from Ch. 38, par. 83-6)
 7        Sec. 6.  Contents of Firearm Owner's Identification Card.
 8        (a)  Except as otherwise provided in  subsection  (d),  a
 9    Firearm Owner's Identification Card, issued by the Department
10    of  State  Police  at  such  places  as  the  Director of the
11    Department shall specify, shall contain the applicant's name,
12    residence, date of birth, sex, physical  description,  recent
13    photograph and signature. Each Firearm Owner's Identification
14    Card  must  have the expiration date boldly and conspicuously
15    displayed on the face of  the  card.   Each  Firearm  Owner's
16    Identification  Card  must  have printed on it the following:
17    "CAUTION - This card does not  permit  bearer  to  UNLAWFULLY
18    carry   or  use  firearms."  Before  December  1,  2002,  the
19    Department  may  use  a  person's  digital   photograph   and
20    signature  from  his  or  her  Illinois  driver's  license or
21    Illinois Identification Card, if  available.   On  and  after
22    December 1, 2002, the Department shall use a person's digital
23    photograph  and  signature  from his or her Illinois driver's
24    license or Illinois Identification Card, if  available.   The
25    Department shall decline to use a person's digital photograph
26    or  signature  if  the digital photograph or signature is the
27    result of or associated with fraudulent  or  erroneous  data,
28    unless otherwise provided by law.
29        (b)  Except  as  otherwise  provided in subsection (d), a
30    person applying for a  Firearm  Owner's  Identification  Card
31    shall  consent  to  the  Department of State Police using the
 
                            -2-      LRB093 12628 RLC 17821 b
 1    applicant's   digital   driver's    license    or    Illinois
 2    Identification  Card  photograph, if available, and signature
 3    on the applicant's Firearm Owner's Identification Card.   The
 4    Secretary of State shall allow the Department of State Police
 5    access  to  the  photograph  and signature for the purpose of
 6    identifying the applicant and  issuing  to  the  applicant  a
 7    Firearm Owner's Identification Card.
 8        (c)  The  Secretary  of  State  shall  conduct a study to
 9    determine the cost and feasibility of creating  a  method  of
10    adding  an  identifiable  code, background, or other means on
11    the driver's license or Illinois Identification Card to  show
12    that  an  individual  is  not  disqualified  from  owning  or
13    possessing  a  firearm  under  State  or  federal  law.   The
14    Secretary  shall  report the findings of this study 12 months
15    after the effective date of this amendatory Act of  the  92nd
16    General Assembly.
17        (d)  An  applicant  for  a Firearm Owner's Identification
18    Card is not required to submit to  a  photograph  or  digital
19    photograph  if  sufficient  justification  is provided by the
20    applicant  to  establish  that  such  photograph  or  digital
21    photograph would be in violation of or contradictory  to  the
22    applicant's  religious  convictions. If an applicant declares
23    that the use of a photograph or digital photograph is against
24    his or her religious convictions, the applicant must be given
25    an affidavit to be completed.  This  affidavit  must  contain
26    designated  areas  for  a detailed written explanation of the
27    reasons why a photograph or digital photograph is against the
28    applicant's  religious   convictions,   a   place   for   the
29    applicant's  signature  and  date, and the designation of the
30    religious sect or denomination  involved;  and  space  for  a
31    minister  or  other  religious  leader  to  apply  his or her
32    signature attesting to the explanation that the applicant has
33    offered, along with  the  date  and  official  title  of  the
34    minister   or   religious  leader.  The  affidavit  shall  be
 
                            -3-      LRB093 12628 RLC 17821 b
 1    forwarded by the applicant to the Department of State  Police
 2    where  a  review and a decision shall be made by the Director
 3    of State Police relative to the issuance or non-issuance of a
 4    valid  Firearm  Owner's   Identification   Card   without   a
 5    photograph  or  digital photograph. To assist the Director in
 6    his or her decision, a committee of  3  administrative  staff
 7    persons  shall  be  appointed by the Director. Each affidavit
 8    shall be reviewed by each member of the committee,  and  each
 9    individual  recommendation  shall be made to the Director for
10    his or her final decision. The Director of State  Police  may
11    require  an  applicant  who is exempted under this subsection
12    (d) from submitting to a photograph or digital photograph  to
13    be  fingerprinted in such manner and under such conditions as
14    the Director may by rule require.
15    (Source: P.A. 91-694, eff. 4-13-00; 92-442, eff. 8-17-01.)

16        Section 99.  Effective date.  This Act takes effect  upon
17    becoming law.