Bill Amendment: IL SB1038 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: GOVERNMENT-TECH

Status: 2019-01-09 - Session Sine Die [SB1038 Detail]

Download: Illinois-2017-SB1038-Senate_Amendment_002.html

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Sen. Dale A. Righter

Filed: 5/26/2017

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AMENDMENT TO SENATE BILL 1038
AMENDMENT NO. ______. Amend Senate Bill 1038 by replacing
everything after the enacting clause with the following:
"Section 5. The Firearm Concealed Carry Act is amended by
changing Sections 10, 15, 20, 55, and 87 as follows:
(430 ILCS 66/10)
Sec. 10. Issuance of licenses to carry a concealed firearm.
(a) The Department shall issue a license to carry a
concealed firearm under this Act to an applicant who:
(1) meets the qualifications of Section 25 of this Act;
(2) has provided the application and documentation
required in Section 30 of this Act;
(3) has submitted the requisite fees; and
(4) does not pose a danger to himself, herself, or
others, or a threat to public safety as determined by the
Concealed Carry Licensing Review Board in accordance with

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

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

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paragraph (2) of subsection (e) of Section 40 of this Act that
he or she is a non-resident qualified to carry under that
subsection. The disclosure requirement under this subsection
(h) is satisfied if the licensee presents his or her license to
the officer or the non-resident presents to the officer
evidence under paragraph (2) of subsection (e) of Section 40 of
this Act that he or she is qualified to carry under that
subsection. Upon the request of the officer, the licensee or
non-resident shall also identify the location of the concealed
firearm and permit the officer to safely secure the firearm for
the duration of the investigative stop. During a traffic stop,
any passenger within the vehicle who is a licensee or a
non-resident carrying under subsection (e) of Section 40 of
this Act must comply with the requirements of this subsection
(h).
(h-1) If a licensee carrying a firearm or a non-resident
carrying a firearm in a vehicle under subsection (e) of Section
40 of this Act is contacted by a law enforcement officer or
emergency services personnel, the law enforcement officer or
emergency services personnel may secure the firearm or direct
that it be secured during the duration of the contact if the
law enforcement officer or emergency services personnel
determines that it is necessary for the safety of any person
present, including the law enforcement officer or emergency
services personnel. The licensee or nonresident shall submit to
the order to secure the firearm. When the law enforcement

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officer or emergency services personnel have determined that
the licensee or non-resident is not a threat to the safety of
any person present, including the law enforcement officer or
emergency services personnel, and if the licensee or
non-resident is physically and mentally capable of possessing
the firearm, the law enforcement officer or emergency services
personnel shall return the firearm to the licensee or
non-resident before releasing him or her from the scene and
breaking contact. If the licensee or non-resident is
transported for treatment to another location, the firearm
shall be turned over to any peace officer. The peace officer
shall provide a receipt which includes the make, model,
caliber, and serial number of the firearm.
(i) The Department shall maintain a database of license
applicants and licensees. The database shall be available to
all federal, State, and local law enforcement agencies, State's
Attorneys, the Attorney General, and authorized court
personnel. Within 180 days after the effective date of this
Act, the database shall be searchable and provide all
information included in the application, including the
applicant's previous addresses within the 10 years prior to the
license application and any information related to violations
of this Act. No law enforcement agency, State's Attorney,
Attorney General, or member or staff of the judiciary shall
provide any information to a requester who is not entitled to
it by law.

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(j) No later than 10 days after receipt of a completed
application, the Department shall enter the relevant
information about the applicant into the database under
subsection (i) of this Section which is accessible by law
enforcement agencies.
(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29,
eff. 7-10-15.)
(430 ILCS 66/15)
Sec. 15. Objections by law enforcement agencies.
(a) Any law enforcement agency may submit an objection to a
license applicant based upon a reasonable suspicion that the
applicant is a danger to himself or herself or others, or a
threat to public safety. The objection shall be made by the
chief law enforcement officer of the law enforcement agency, or
his or her designee, and must include any information relevant
to the objection. Objections previously filed against an
applicant shall not be considered as a basis for an objection
for renewal of a concealed carry license unless another
incident has occurred since the license applicant's last review
by the Board. A law enforcement agency that submits an
objection to a license applicant to the Department may withdraw
the objection before it is submitted to the Board. If a law
enforcement agency submits an objection within 30 days after
the entry of an applicant into the database, the Department
shall submit the objection, unless withdrawn or rejected as

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provided for in this Section, and all information available to
the Board under State and federal law related to the
application to the Board within 10 days of completing all
necessary background checks and any verification performed by
the Department. The Department may review and verify a law
enforcement agency objection to a license applicant before the
Department's submission of the objection to the Board. Any
verification shall determine: (i) if the requirements under
this Act for the submission of an objection by a law
enforcement agency has been met, (ii) that the objection has
been filed against the proper person, and (iii) that
information relevant to the objection has been included. A law
enforcement agency objection that fails this verification
shall be returned to the objecting law enforcement agency and
the law enforcement agency shall have 30 calendar days after
receiving notification from the Department to submit the
required information, provide the Department a response, or
withdraw the objection. If the objecting law enforcement agency
fails to respond within 30 calendar days, the Department shall
reject the objection and process the application.
(b) If an applicant has 5 or more arrests for any reason,
that have been entered into the Criminal History Records
Information (CHRI) System, within the 7 years preceding the
date of application for a license, or has 3 or more arrests
within the 7 years preceding the date of application for a
license for any combination of gang-related offenses, the

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Department shall object and submit the applicant's arrest
record to the extent the Board is allowed to receive that
information under State and federal law, the application
materials, and any additional information submitted by a law
enforcement agency to the Board. For purposes of this
subsection, "gang-related offense" is an offense described in
Section 12-6.4, Section 24-1.8, Section 25-5, Section 33-4, or
Section 33G-4, or in paragraph (1) of subsection (a) of Section
12-6.2, paragraph (2) of subsection (b) of Section 16-30,
paragraph (2) of subsection (b) of Section 31-4, or item (iii)
of paragraph (1.5) of subsection (i) of Section 48-1 of the
Criminal Code of 2012.
(c) The referral of an objection under this Section to the
Board shall toll the 90-day period for the Department to issue
or deny the applicant a license under subsection (e) of Section
10 of this Act, during the period of review and until the Board
issues its decision.
(c-5) If a law enforcement agency submits an erroneous
objection or decides to withdraw an objection, the law
enforcement agency shall notify the Department immediately and
the objection shall be considered null and void. The Department
shall notify the Board that the objection has been rescinded
and the application shall be returned to the Department for
completion of the application process.
(d) If no objection is made by a law enforcement agency or
the Department under this Section, the Department shall process

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the application in accordance with this Act.
(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
(430 ILCS 66/20)
Sec. 20. Concealed Carry Licensing Review Board.
(a) There is hereby created within the Department of State
Police a Concealed Carry Licensing Review Board to consider any
objection to an applicant's eligibility to obtain a license
under this Act submitted by a law enforcement agency or the
Department under Section 15 of this Act. The Board shall
consist of 7 commissioners to be appointed by the Governor,
with the advice and consent of the Senate, with 3 commissioners
residing within the First Judicial District and one
commissioner residing within each of the 4 remaining Judicial
Districts. No more than 4 commissioners shall be members of the
same political party. The Governor shall designate one
commissioner as the Chairperson. The Board shall consist of:
(1) one commissioner with at least 5 years of service
as a federal judge;
(2) 2 commissioners with at least 5 years of experience
serving as an attorney with the United States Department of
Justice;
(3) 3 commissioners with at least 5 years of experience
as a federal agent or employee with investigative
experience or duties related to criminal justice under the
United States Department of Justice, Drug Enforcement

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Administration, Department of Homeland Security, or
Federal Bureau of Investigation; and
(4) one member with at least 5 years of experience as a
licensed physician or clinical psychologist with expertise
in the diagnosis and treatment of mental illness.
(b) The initial terms of the commissioners shall end on
January 12, 2015. Thereafter, the commissioners shall hold
office for 4 years, with terms expiring on the second Monday in
January of the fourth year. Commissioners may be reappointed.
Vacancies in the office of commissioner shall be filled in the
same manner as the original appointment, for the remainder of
the unexpired term. The Governor may remove a commissioner for
incompetence, neglect of duty, malfeasance, or inability to
serve. Commissioners shall receive compensation in an amount
equal to the compensation of members of the Executive Ethics
Commission and may be reimbursed for reasonable expenses
actually incurred in the performance of their Board duties,
from funds appropriated for that purpose.
(c) The Board shall meet at the call of the chairperson as
often as necessary to consider objections to applications for a
license under this Act. If necessary to ensure the
participation of a commissioner, the Board shall allow a
commissioner to participate in a Board meeting by electronic
communication. Any commissioner participating electronically
shall be deemed present for purposes of establishing a quorum
and voting.

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(d) The Board shall adopt rules for the review of
objections and the conduct of hearings, including minimum
standards for information required to file with an objection.
The Board shall maintain a record of its decisions and all
materials considered in making its decisions. All Board
decisions and voting records shall be kept confidential and all
materials considered by the Board shall be exempt from
inspection except upon order of a court.
(d-5) Immediately upon the receipt from the Department of
notice of an objection, the Board shall notify the applicant of
the referral of the application to the Board and that the
90-day period for the Department to issue or deny a license has
been tolled. The notification of referral shall include the
identity of the law enforcement agency submitting the objection
and any detailed narrative upon which the objection is based.
The Department may, however, exclude or redact information that
may be confidential or which may impair or compromise an
ongoing investigation. Notification to the applicant shall be
by mail and the applicant's online application page. The
notification of the referral shall inform the applicant of his
or her right to submit a written statement to the Board on his
or her behalf. The applicant's statement may include any
documents that the applicant believes will clarify or
substantiate the applicant's statement. This statement may be
submitted by mail, email, or the applicant's online application
page. The applicant shall have 45 days from the date the

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notification of the referral to the Board is sent to submit a
statement. However, the applicant need not respond within 45
days if the applicant notifies the Board that an additional 45
days are needed to respond. An applicant shall have a maximum
of 90 days in which to respond. If an applicant fails to
respond within the 90-day period, the applicant shall be deemed
to have waived his or her right to respond.
(e) In considering an objection of a law enforcement agency
or the Department, the Board shall review the materials
received with the objection from the law enforcement agency or
the Department. By a vote of at least 4 commissioners, the
Board may request additional information from the law
enforcement agency, Department, or the applicant, or the
testimony of the law enforcement agency, Department, or the
applicant. The Board may require that the applicant submit
electronic fingerprints to the Department for an updated
background check where the Board determines it lacks sufficient
information to determine eligibility. The Board may only
consider information submitted by the Department, a law
enforcement agency, or the applicant. The Board shall review
each objection and determine by a majority of commissioners
whether an applicant is eligible for a license.
(f) The Board shall issue a decision within 30 days of
receipt of the objection from the Department. However, the
Board need not issue a decision within 30 days if:
(1) the Board requests information from the applicant,

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including but not limited to electronic fingerprints to be
submitted to the Department, in accordance with subsection
(e) of this Section, in which case the Board shall make a
decision within 30 days of receipt of the required
information from the applicant;
(2) the applicant agrees, in writing, to allow the
Board additional time to consider an objection; or
(3) the Board notifies the applicant and the Department
that the Board needs an additional 30 days to issue a
decision.
(f-5) The Board's request for an additional 30 days to
issue a decision shall be limited to one 30-day period.
(g) If the Board determines by a preponderance of the
evidence that the applicant poses a danger to himself or
herself or others, or is a threat to public safety, then the
Board shall affirm the objection of the law enforcement agency
or the Department and shall notify the Department that the
applicant is ineligible for a license. If the Board does not
determine by a preponderance of the evidence that the applicant
poses a danger to himself or herself or others, or is a threat
to public safety, then the Board shall notify the Department
that the applicant is eligible for a license.
(h) Meetings of the Board shall not be subject to the Open
Meetings Act and records of the Board shall not be subject to
the Freedom of Information Act.
(i) The Board shall report monthly to the Governor and the

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General Assembly on the number of objections received and
provide details of the circumstances in which the Board has
determined to deny licensure based on law enforcement or
Department objections under Section 15 of this Act. The report
shall not contain any identifying information about the
applicants.
(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
(430 ILCS 66/55)
Sec. 55. Change of address or name; lost, destroyed, or
stolen licenses.
(a) A licensee shall notify the Department within 30 days
of moving or changing residence or any change of name. The
licensee shall submit the requisite fee and the Department may
require a notarized statement that the licensee has changed his
or her residence or his or her name, including the prior and
current address or name and the date the applicant moved or
changed his or her name.
(b) A licensee shall notify the Department within 10 days
of discovering that a license has been lost, destroyed, or
stolen. A lost, destroyed, or stolen license is invalid. To
request a replacement license, the licensee shall submit:
(1) a notarized statement that the licensee no longer
possesses the license, and that it was lost, destroyed, or
stolen;
(2) if applicable, a copy of a police report stating

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that the license was stolen; and
(3) the requisite fee.
(b-5) The Department shall provide confirmation that a
request has been submitted for a replacement of a lost,
destroyed, or stolen license which shall serve in a place of
the license until a replacement is issued.
(c) A violation of this Section is a petty offense with a
fine of $150 which shall be deposited into the Mental Health
Reporting Fund.
(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
(430 ILCS 66/87)
Sec. 87. Administrative and judicial review.
(a) Whenever an application for a concealed carry license
is denied, whenever the Department fails to act on an
application within 90 days of its receipt, or whenever a
license is revoked or suspended as provided in this Act, the
aggrieved party may appeal to the Director for a hearing upon
the denial, revocation, suspension, or failure to act on the
application, unless the denial was made by the Concealed Carry
Licensing Review Board, in which case the aggrieved party may
petition the circuit court in writing in the county of his or
her residence for a hearing upon the denial. The Director shall
have 45 days after the submission of an applicant's request for
a hearing to hold the hearing and 15 days after the hearing to
make a final administrative decision.

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(b) All final administrative decisions of the Department or
the Concealed Carry Licensing Review Board under this Act shall
be subject to judicial review under the provisions of the
Administrative Review Law, unless the denial by the Board was
based on the mental condition or possible intellectual
disability of the applicant, in which case an appeal of the
denial shall be subject to de novo judicial review by the
circuit court. In this case, a party may offer evidence that is
otherwise proper and admissible without regard to whether that
evidence is a part of the administrative record. The term
"administrative decision" is defined as in Section 3-101 of the
Code of Civil Procedure.
(Source: P.A. 98-63, eff. 7-9-13.)".