Illinois General Assembly - Full Text of SB0114
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Full Text of SB0114  98th General Assembly



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1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Private Detective, Private Alarm, Private
5Security, Fingerprint Vendor, and Locksmith Act of 2004 is
6amended by changing Section 31-5 as follows:
7    (225 ILCS 447/31-5)
8    (Section scheduled to be repealed on January 1, 2024)
9    Sec. 31-5. Exemptions.
10    (a) The provisions of this Act regarding fingerprint
11vendors do not apply to any of the following, if the person
12performing the service does not hold himself or herself out as
13a fingerprint vendor or fingerprint vendor agency:
14        (1) An employee of the United States, Illinois, or a
15    political subdivision, including public school districts,
16    of either while the employee is engaged in the performance
17    of his or her official duties within the scope of his or
18    her employment. However, any such person who offers his or
19    her services as a fingerprint vendor or uses a similar
20    title when these services are performed for compensation or
21    other consideration, whether received directly or
22    indirectly, is subject to this Act.
23        (2) A person employed exclusively by only one employer



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1    in connection with the exclusive activities of that
2    employer, provided that person does not hold himself or
3    herself out to the public as a fingerprint vendor.
4        (3) Any Notwithstanding any other provisions of this
5    Act, any member of local law enforcement in the performance
6    of his or her duties for criminal justice purposes,
7    notwithstanding whether the . Nothing in this Act shall
8    prohibit local law enforcement agency charges agencies
9    from charging a reasonable fee related to the cost of
10    offering fingerprinting services.
11    (b) The provisions of this Act regarding fingerprint
12vendors do not apply to any member of a local law enforcement
13agency, acting on behalf of the local law enforcement agency
14that is registered with the Department of State Police to
15provide fingerprinting services for non-criminal justice
16purposes, notwithstanding whether the local law enforcement
17agency charges a reasonable fee related to the cost of offering
18fingerprinting services.
19(Source: P.A. 98-294, eff. 8-9-13.)
20    Section 10. The Firearm Owners Identification Card Act is
21amended by changing Section 8.1 as follows:
22    (430 ILCS 65/8.1)  (from Ch. 38, par. 83-8.1)
23    Sec. 8.1. Notifications to the Department of State Police.
24    (a) The Circuit Clerk shall, in the form and manner



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1required by the Supreme Court, notify the Department of State
2Police of all final dispositions of cases for which the
3Department has received information reported to it under
4Sections 2.1 and 2.2 of the Criminal Identification Act.
5    (b) Upon adjudication of any individual as a mentally
6disabled person as defined in Section 1.1 of this Act or a
7finding that a person has been involuntarily admitted, the
8court shall direct the circuit court clerk to immediately
9notify the Department of State Police, Firearm Owner's
10Identification (FOID) department, and shall forward a copy of
11the court order to the Department.
12    (c) The Department of Human Services shall, in the form and
13manner prescribed by the Department of State Police, report all
14information collected under subsection (b) of Section 12 of the
15Mental Health and Developmental Disabilities Confidentiality
16Act for the purpose of determining whether a person who may be
17or may have been a patient in a mental health facility is
18disqualified under State or federal law from receiving or
19retaining a Firearm Owner's Identification Card, or purchasing
20a weapon.
21    (d) If a person is determined to pose a clear and present
22danger to himself, herself, or to others:
23        (1) by a physician, clinical psychologist, or
24    qualified examiner, law enforcement official, or school
25    administrator, or is determined to be developmentally
26    disabled by a physician, clinical psychologist, or



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1    qualified examiner, whether employed by the State or
2    privately by a private mental health facility, then the
3    physician, clinical psychologist, or qualified examiner
4    shall, within 24 hours of making the determination, notify
5    the Department of Human Services that the person poses a
6    clear and present danger or is developmentally disabled; or
7        (2) by a law enforcement official or school
8    administrator, then the law enforcement official or school
9    administrator shall, within 24 hours of making the
10    determination, notify the Department of State Police that
11    the person poses a clear and present danger. The Department
12    of Human Services shall immediately update its records and
13    information relating to mental health and developmental
14    disabilities, and if appropriate, shall notify the
15    Department of State Police in a form and manner prescribed
16    by the Department of State Police. The Department of State
17    Police shall determine whether to revoke the person's
18    Firearm Owner's Identification Card under Section 8 of this
19    Act. Any information disclosed under this subsection shall
20    remain privileged and confidential, and shall not be
21    redisclosed, except as required under subsection (e) of
22    Section 3.1 of this Act, nor used for any other purpose.
23    The method of providing this information shall guarantee
24    that the information is not released beyond what is
25    necessary for the purpose of this Section and shall be
26    provided by rule by the Department of Human Services. The



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1    identity of the person reporting under this Section shall
2    not be disclosed to the subject of the report. The
3    physician, clinical psychologist, qualified examiner, law
4    enforcement official, or school administrator making the
5    determination and his or her employer shall not be held
6    criminally, civilly, or professionally liable for making
7    or not making the notification required under this
8    subsection, except for willful or wanton misconduct.
9    (e) The Department of State Police shall adopt rules to
10implement this Section.
11(Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13.)
12    Section 15. The Firearm Concealed Carry Act is amended by
13changing Sections 10, 15, 20, 40, 75, and 80 as follows:
14    (430 ILCS 66/10)
15    Sec. 10. Issuance of licenses to carry a concealed firearm.
16    (a) The Department shall issue a license to carry a
17concealed firearm under this Act to an applicant who:
18        (1) meets the qualifications of Section 25 of this Act;
19        (2) has provided the application and documentation
20    required in Section 30 of this Act;
21        (3) has submitted the requisite fees; and
22        (4) does not pose a danger to himself, herself, or
23    others, or a threat to public safety as determined by the
24    Concealed Carry Licensing Review Board in accordance with



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1    Section 20.
2    (b) The Department shall issue a renewal, corrected, or
3duplicate license as provided in this Act.
4    (c) A license shall be valid throughout the State for a
5period of 5 years from the date of issuance. A license shall
6permit the licensee to:
7        (1) carry a loaded or unloaded concealed firearm, fully
8    concealed or partially concealed, on or about his or her
9    person; and
10        (2) keep or carry a loaded or unloaded concealed
11    firearm on or about his or her person within a vehicle.
12    (d) The Department shall make applications for a license
13available no later than 180 days after the effective date of
14this Act. The Department shall establish rules for the
15availability and submission of applications in accordance with
16this Act.
17    (e) An application for a license submitted to the
18Department that contains all the information and materials
19required by this Act, including the requisite fee, shall be
20deemed completed. Except as otherwise provided in this Act, no
21later than 90 days after receipt of a completed application,
22the Department shall issue or deny the applicant a license.
23    (f) The Department shall deny the applicant a license if
24the applicant fails to meet the requirements under this Act or
25the Department receives a determination from the Board that the
26applicant is ineligible for a license. The Department must



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1notify the applicant stating the grounds for the denial. The
2notice of denial must inform the applicant of his or her right
3to an appeal through administrative and judicial review.
4    (g) A licensee shall possess a license at all times the
5licensee carries a concealed firearm except:
6        (1) when the licensee is carrying or possessing a
7    concealed firearm on his or her land or in his or her
8    abode, legal dwelling, or fixed place of business, or on
9    the land or in the legal dwelling of another person as an
10    invitee with that person's permission;
11        (2) when the person is authorized to carry a firearm
12    under Section 24-2 of the Criminal Code of 2012, except
13    subsection (a-5) of that Section; or
14        (3) when the handgun is broken down in a
15    non-functioning state, is not immediately accessible, or
16    is unloaded and enclosed in a case.
17    (h) If an officer of a law enforcement agency initiates an
18investigative stop, including but not limited to a traffic
19stop, of a licensee or a non-resident carrying a concealed
20firearm under subsection (e) of Section 40 of this Act who is
21carrying a concealed firearm, upon the request of the officer
22the licensee or non-resident shall disclose to the officer that
23he or she is in possession of a concealed firearm under this
24Act, present the license upon the request of the officer if he
25or she is a licensee or present upon the request of the officer
26evidence under paragraph (2) of subsection (e) of Section 40 of



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1this Act that he or she is a non-resident qualified to carry
2under that subsection, and identify the location of the
3concealed firearm. During a traffic stop, any passenger within
4the vehicle who is a licensee or a non-resident carrying under
5subsection (e) of Section 40 of this Act must comply with the
6requirements of this subsection (h).
7    (i) The Department shall maintain a database of license
8applicants and licensees. The database shall be available to
9all federal, State, and local law enforcement agencies, State's
10Attorneys, the Attorney General, and authorized court
11personnel. Within 180 days after the effective date of this
12Act, the database shall be searchable and provide all
13information included in the application, including the
14applicant's previous addresses within the 10 years prior to the
15license application and any information related to violations
16of this Act. No law enforcement agency, State's Attorney,
17Attorney General, or member or staff of the judiciary shall
18provide any information to a requester who is not entitled to
19it by law.
20    (j) No later than 10 days after receipt of a completed
21application, the Department shall enter the relevant
22information about the applicant into the database under
23subsection (i) of this Section which is accessible by law
24enforcement agencies.
25(Source: P.A. 98-63, eff. 7-9-13.)



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1    (430 ILCS 66/15)
2    Sec. 15. Objections by law enforcement agencies.
3    (a) Any law enforcement agency may submit an objection to a
4license applicant based upon a reasonable suspicion that the
5applicant is a danger to himself or herself or others, or a
6threat to public safety. The objection shall be made by the
7chief law enforcement officer of the law enforcement agency, or
8his or her designee, and must include any information relevant
9to the objection. If a law enforcement agency submits an
10objection within 30 days after the entry of an applicant into
11the database, the Department shall submit the objection and all
12information available to the Board under State and federal law
13related to the application to the Board within 10 days of
14completing all necessary background checks.
15    (b) If an applicant has 5 or more arrests for any reason,
16that have been entered into the Criminal History Records
17Information (CHRI) System, within the 7 years preceding the
18date of application for a license, or has 3 or more arrests
19within the 7 years preceding the date of application for a
20license for any combination of gang-related offenses, the
21Department shall object and submit the applicant's arrest
22record to the extent the Board is allowed to receive that
23information under State and federal law, the application
24materials, and any additional information submitted by a law
25enforcement agency to the Board. For purposes of this
26subsection, "gang-related offense" is an offense described in



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1Section 12-6.4, Section 24-1.8, Section 25-5, Section 33-4, or
2Section 33G-4, or in paragraph (1) of subsection (a) of Section
312-6.2, paragraph (2) of subsection (b) of Section 16-30,
4paragraph (2) of subsection (b) of Section 31-4, or item (iii)
5of paragraph (1.5) of subsection (i) of Section 48-1 of the
6Criminal Code of 2012.
7    (c) The referral of an objection under this Section to the
8Board shall toll the 90-day period for the Department to issue
9or deny the applicant a license under subsection (e) of Section
1010 of this Act, during the period of review and until the Board
11issues its decision.
12    (d) If no objection is made by a law enforcement agency or
13the Department under this Section, the Department shall process
14the application in accordance with this Act.
15(Source: P.A. 98-63, eff. 7-9-13.)
16    (430 ILCS 66/20)
17    Sec. 20. Concealed Carry Licensing Review Board.
18    (a) There is hereby created within the Department of State
19Police a Concealed Carry Licensing Review Board to consider any
20objection to an applicant's eligibility to obtain a license
21under this Act submitted by a law enforcement agency or the
22Department under Section 15 of this Act. The Board shall
23consist of 7 commissioners to be appointed by the Governor,
24with the advice and consent of the Senate, with 3 commissioners
25residing within the First Judicial District and one



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1commissioner residing within each of the 4 remaining Judicial
2Districts. No more than 4 commissioners shall be members of the
3same political party. The Governor shall designate one
4commissioner as the Chairperson. The Board shall consist 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 experience
8    serving as an attorney with the United States Department of
9    Justice;
10        (3) 3 commissioners with at least 5 years of experience
11    as a federal agent or employee with investigative
12    experience or duties related to criminal justice under the
13    United States Department of Justice, Drug Enforcement
14    Administration, Department of Homeland Security, or
15    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. Thereafter, the commissioners shall hold
21office for 4 years, with terms expiring on the second Monday in
22January of the fourth year. Commissioners may be reappointed.
23Vacancies in the office of commissioner shall be filled in the
24same manner as the original appointment, for the remainder of
25the unexpired term. The Governor may remove a commissioner for
26incompetence, neglect of duty, malfeasance, or inability to



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1serve. Commissioners shall receive compensation in an amount
2equal to the compensation of members of the Executive Ethics
3Commission and may be reimbursed for reasonable expenses
4actually incurred in the performance of their Board duties,
5from funds appropriated for that purpose.
6    (c) The Board shall meet at the call of the chairperson as
7often as necessary to consider objections to applications for a
8license under this Act. If necessary to ensure the
9participation of a commissioner, the Board shall allow a
10commissioner to participate in a Board meeting by electronic
11communication. Any commissioner participating electronically
12shall be deemed present for purposes of establishing a quorum
13and voting.
14    (d) The Board shall adopt rules for the review of
15objections and the conduct of hearings. The Board shall
16maintain a record of its decisions and all materials considered
17in making its decisions. All Board decisions and voting records
18shall be kept confidential and all materials considered by the
19Board shall be exempt from inspection except upon order of a
21    (e) In considering an objection of a law enforcement agency
22or the Department, the Board shall review the materials
23received with the objection from the law enforcement agency or
24the Department. By a vote of at least 4 commissioners, the
25Board may request additional information from the law
26enforcement agency, Department, or the applicant, or the



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1testimony of the law enforcement agency, Department, or the
2applicant. The Board may require that the applicant submit
3electronic fingerprints to the Department for an updated
4background check where the Board determines it lacks sufficient
5information to determine eligibility. The Board may only
6consider information submitted by the Department, a law
7enforcement agency, or the applicant. The Board shall review
8each objection and determine by a majority of commissioners
9whether an applicant is eligible for a license.
10    (f) The Board shall issue a decision within 30 days of
11receipt of the objection from the Department. However, the
12Board need not issue a decision within 30 days if:
13        (1) the Board requests information from the applicant,
14    including but not limited to electronic fingerprints to be
15    submitted to the Department, in accordance with subsection
16    (e) of this Section, in which case the Board shall make a
17    decision within 30 days of receipt of the required
18    information from the applicant;
19        (2) the applicant agrees, in writing, to allow the
20    Board additional time to consider an objection; or
21        (3) the Board notifies the applicant and the Department
22    that the Board needs an additional 30 days to issue a
23    decision.
24    (g) If the Board determines by a preponderance of the
25evidence that the applicant poses a danger to himself or
26herself or others, or is a threat to public safety, then the



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1Board shall affirm the objection of the law enforcement agency
2or the Department and shall notify the Department that the
3applicant is ineligible for a license. If the Board does not
4determine by a preponderance of the evidence that the applicant
5poses a danger to himself or herself or others, or is a threat
6to public safety, then the Board shall notify the Department
7that the applicant is eligible for a license.
8    (h) Meetings of the Board shall not be subject to the Open
9Meetings Act and records of the Board shall not be subject to
10the Freedom of Information Act.
11    (i) The Board shall report monthly to the Governor and the
12General Assembly on the number of objections received and
13provide details of the circumstances in which the Board has
14determined to deny licensure based on law enforcement or
15Department objections under Section 15 of this Act. The report
16shall not contain any identifying information about the
18(Source: P.A. 98-63, eff. 7-9-13.)
19    (430 ILCS 66/40)
20    Sec. 40. Non-resident license applications.
21    (a) For the purposes of this Section, "non-resident" means
22a person who has not resided within this State for more than 30
23days and resides in another state or territory.
24    (b) The Department shall by rule allow for non-resident
25license applications from any state or territory of the United



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1States with laws related to firearm ownership, possession, and
2carrying, that are substantially similar to the requirements to
3obtain a license under this Act.
4    (c) A resident of a state or territory approved by the
5Department under subsection (b) of this Section may apply for a
6non-resident license. The applicant shall apply to the
7Department and must meet all of the qualifications established
8in Section 25 of this Act, except for the Illinois residency
9requirement in item (xiv) of paragraph (2) of subsection (a) of
10Section 4 of the Firearm Owners Identification Card Act. The
11applicant shall submit:
12        (1) the application and documentation required under
13    Section 30 of this Act and the applicable fee;
14        (2) a notarized document stating that the applicant:
15            (A) is eligible under federal law and the laws of
16        his or her state or territory of residence to own or
17        possess a firearm;
18            (B) if applicable, has a license or permit to carry
19        a firearm or concealed firearm issued by his or her
20        state or territory of residence and attach a copy of
21        the license or permit to the application;
22            (C) understands Illinois laws pertaining to the
23        possession and transport of firearms, and
24            (D) acknowledges that the applicant is subject to
25        the jurisdiction of the Department and Illinois courts
26        for any violation of this Act; and



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1        (3) a photocopy of any certificates or other evidence
2    of compliance with the training requirements under Section
3    75 of this Act; and
4        (4) a head and shoulder color photograph in a size
5    specified by the Department taken within the 30 days
6    preceding the date of the application.
7    (d) In lieu of an Illinois driver's license or Illinois
8identification card, a non-resident applicant shall provide
9similar documentation from his or her state or territory of
10residence. In lieu of a valid Firearm Owner's Identification
11Card, the applicant shall submit documentation and information
12required by the Department to obtain a Firearm Owner's
13Identification Card, including an affidavit that the
14non-resident meets the mental health standards to obtain a
15firearm under Illinois law, and the Department shall ensure
16that the applicant would meet the eligibility criteria to
17obtain a Firearm Owner's Identification card if he or she was a
18resident of this State.
19    (e) Nothing in this Act shall prohibit a non-resident from
20transporting a concealed firearm within his or her vehicle in
21Illinois, if the concealed firearm remains within his or her
22vehicle and the non-resident:
23        (1) is not prohibited from owning or possessing a
24    firearm under federal law;
25        (2) is eligible to carry a firearm in public under the
26    laws of his or her state or territory of residence, as



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1    evidenced by the possession of a concealed carry license or
2    permit issued by his or her state of residence, if
3    applicable; and
4        (3) is not in possession of a license under this Act.
5    If the non-resident leaves his or her vehicle unattended,
6he or she shall store the firearm within a locked vehicle or
7locked container within the vehicle in accordance with
8subsection (b) of Section 65 of this Act.
9(Source: P.A. 98-63, eff. 7-9-13.)
10    (430 ILCS 66/75)
11    Sec. 75. Applicant firearm training.
12    (a) Within 60 days of the effective date of this Act, the
13Department shall begin approval of firearm training courses and
14shall make a list of approved courses available on the
15Department's website.
16    (b) An applicant for a new license shall provide proof of
17completion of a firearms training course or combination of
18courses approved by the Department of at least 16 hours, which
19includes range qualification time under subsection (c) of this
20Section, that covers the following:
21        (1) firearm safety;
22        (2) the basic principles of marksmanship;
23        (3) care, cleaning, loading, and unloading of a
24    concealable firearm;
25        (4) all applicable State and federal laws relating to



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1    the ownership, storage, carry, and transportation of a
2    firearm; and
3        (5) instruction on the appropriate and lawful
4    interaction with law enforcement while transporting or
5    carrying a concealed firearm.
6    (c) An applicant for a new license shall provide proof of
7certification by a certified instructor that the applicant
8passed a live fire exercise with a concealable firearm
9consisting of:
10        (1) a minimum of 30 rounds; and
11        (2) 10 rounds from a distance of 5 yards; 10 rounds
12    from a distance of 7 yards; and 10 rounds from a distance
13    of 10 yards at a B-27 silhouette target approved by the
14    Department.
15    (d) An applicant for renewal of a license shall provide
16proof of completion of a firearms training course or
17combination of courses approved by the Department of at least 3
19    (e) A certificate of completion for an applicant's firearm
20training course shall not be issued to a student who:
21        (1) does not follow the orders of the certified
22    firearms instructor;
23        (2) in the judgment of the certified instructor,
24    handles a firearm in a manner that poses a danger to the
25    student or to others; or
26        (3) during the range firing portion of testing fails to



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1    hit the target with 70% of the rounds fired.
2    (f) An instructor shall maintain a record of each student's
3performance for at least 5 years, and shall make all records
4available upon demand of authorized personnel of the
6    (g) The Department and certified firearms instructors
7instructor shall recognize up to 8 hours of training already
8completed toward the 16 hour training requirement under this
9Section if the training course is submitted to and approved by
10the Department and recognized under the laws of another state.
11Any remaining hours that the applicant completes must at least
12cover the classroom subject matter of paragraph (4) of
13subsection (b) of this Section, and the range qualification in
14subsection (c) of this Section.
15    (h) A person who has qualified to carry a firearm as an
16active law enforcement or corrections officer, who has
17successfully completed firearms training as required by his or
18her law enforcement agency and is authorized by his or her
19agency to carry a firearm; a person currently certified as a
20firearms instructor by this Act or by the Illinois Law
21Enforcement Training Standards Board; , or a person who has
22completed the required training and has been issued a firearm
23control card by the Department of Financial and Professional
24Regulation shall be exempt from the requirements of this
26    (i) The Department and certified firearms instructors



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1shall recognize accept 8 hours of training as completed toward
2the 16 hour training requirement under this Section, if the
3applicant is an active, retired, or honorably discharged member
4of the United States Armed Forces. Any remaining hours that the
5applicant completes must at least cover the classroom subject
6matter of paragraph (4) of subsection (b) of this Section, and
7the range qualification in subsection (c) of this Section.
8    (j) The Department and certified firearms instructors
9shall recognize up to 8 hours of training already completed
10toward the 16 hour training requirement under this Section if
11the training course is approved by the Department and was
12completed in connection with the applicant's previous
13employment as a law enforcement or corrections officer. Any
14remaining hours that the applicant completes must at least
15cover the classroom subject matter of paragraph (4) of
16subsection (b) of this Section, and the range qualification in
17subsection (c) of this Section. A former law enforcement or
18corrections officer seeking credit under this subsection (j)
19shall provide evidence that he or she separated from employment
20in good standing from each law enforcement agency where he or
21she was employed. An applicant who was discharged from a law
22enforcement agency for misconduct or disciplinary reasons is
23not eligible for credit under this subsection (j).
24(Source: P.A. 98-63, eff. 7-9-13.)
25    (430 ILCS 66/80)



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1    Sec. 80. Certified firearms instructors Firearms
2instructor training.
3    (a) Within 60 days of the effective date of this Act, the
4Department shall begin approval of certified firearms
5instructors and enter certified firearms instructors into an
6online registry on the Department's website.
7    (b) A person who is not a certified firearms instructor
8shall not teach applicant training courses or advertise or
9otherwise represent courses they teach as qualifying their
10students to meet the requirements to receive a license under
11this Act. Each violation of this subsection is a business
12offense with a fine of at least $1,000 per violation.
13    (c) A person seeking to become a certified firearms
14instructor shall:
15        (1) be at least 21 years of age;
16        (2) be a legal resident of the United States; and
17        (3) meet the requirements of Section 25 of this Act,
18    except for the Illinois residency requirement in item (xiv)
19    of paragraph (2) of subsection (a) of Section 4 of the
20    Firearm Owners Identification Card Act; and any additional
21    uniformly applied requirements established by the
22    Department.
23    (d) A person seeking to become a certified firearms
24instructor trainer, in addition to the requirements of
25subsection (c) of this Section, shall:
26        (1) possess a high school diploma or GED certificate;



SB0114 Enrolled- 22 -LRB098 04341 JDS 34369 b

1    and
2        (2) have at least one of the following valid firearms
3    instructor certifications:
4            (A) certification from a law enforcement agency;
5            (B) certification from a firearm instructor course
6        offered by a State or federal governmental agency;
7            (C) certification from a firearm instructor
8        qualification course offered by the Illinois Law
9        Enforcement Training Standards Board; or
10            (D) certification from an entity approved by the
11        Department that offers firearm instructor education
12        and training in the use and safety of firearms.
13    (e) A person may have his or her firearms instructor
14certification denied or revoked if he or she does not meet the
15requirements to obtain a license under this Act, provides false
16or misleading information to the Department, or has had a prior
17instructor certification revoked or denied by the Department.
18(Source: P.A. 98-63, eff. 7-9-13.)
19    Section 99. Effective date. This Act takes effect upon
20becoming law.