Bill Text: IL HB0562 | 2021-2022 | 102nd General Assembly | Chaptered


Bill Title: Amends the Illinois Criminal Justice Information Act. Creates the Firearm Prohibitors and Records Improvement Task Force to identify and research all available grants, resources, and revenue that may be applied for and used by all entities responsible for reporting federal and State firearms prohibitors to the Illinois State Police and the National Instant Criminal Background Check System. Provides that under the Firearm Owners Identification Card Act, these reporting entities include, but are not limited to, hospitals, courts, law enforcement and corrections. Provides that the Illinois Criminal Justice Information Authority shall provide administrative and other support to the Task Force. Provides that the Task Force shall may meet in person or virtually and shall issue a written report of its findings and recommendations to the General Assembly on or before July 1, 2022. Repeals Task Force provisions on July 1, 2023. Amends the Gun Trafficking Information Act. Provides that the Illinois State Police shall audit current practice to assess actual data collection and reporting, and propose policy and practice recommendations to meet implementation and policy maker needs, including but not limited to: (1) Firearm Owner's Identification Card and concealed carry license applications, revocations, and firearm dispossessions; (2) Firearm trace data; (3) Usage of firearms restraining orders and domestic violence orders of protection; and (4) Firearm Dealer License Certifications and related inspections. Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Illinois State Police shall establish a portal for use by federal, State, or local law enforcement agencies, including Offices of the State's Attorneys and the Office of the Attorney General to capture a report of persons whose Firearm Owner's Identification Cards have been revoked or suspended. Provides that the portal is for law enforcement purposes only. Amends the Firearm Owners Identification Card Act. Provides that the Illinois State Police shall develop an Internet-based system upon which the serial numbers of firearms that have been reported stolen are available for public access for individuals to ensure any firearms are not reported stolen prior to the sale or transfer of a firearm under this provision concerning transfer of firearms. The Illinois State Police shall have the Internet-based system completed and available for use by July 1, 2022. The Department shall adopt rules not inconsistent with this Section to implement this system. Provides that beginning January 1, 2024, any person who is not a federally licensed firearm dealer shall, before selling or transferring the firearms, contact the Illinois State Police with the transferee's or purchaser's Firearm Owner's Identification Card number to determine the validity of the transferee's or purchaser's Firearm Owner's Identification Card and initiate and complete an automated search of its criminal history record information files and those of the Federal Bureau of Investigation, including the National Instant Criminal Background Check System, and of the files of the Department of Human Services relating to mental health and developmental disabilities to obtain any felony conviction or patient hospitalization information which would disqualify a person from obtaining or require revocation of a currently valid Firearm Owner's Identification Card. Provides that the Illinois State Police shall develop an Internet-based system to conduct this check. Provides that each applicant for the issuance of a Firearm Owner's Identification Card may include a full set of his or her fingerprints in electronic format to the Illinois State Police. Provides that a Firearm Owner's Identification Card of a licensee under the Firearm Concealed Carry Act shall not expire during the term of the licensee's concealed carry license. Provides that the Illinois State Police shall deny an application or shall revoke and seize a Firearm Owner's Identification Card previously issued under the Act if the Illinois State Police finds that the applicant or person to whom such card was issued is or was at the time of issuance subject to a civil no contact order or a stalking no contact order. Provides that if a person who possesses a combined Firearm Owner's Identification Card and a concealed carry license becomes subject to suspension or revocation under the Firearm Concealed Carry Act, but is otherwise eligible for a valid Firearm Owner's Identification Card, the Illinois State Police shall ensure the person's Firearm Owner's Identification Card status is not interrupted. Provides for email notifications and text messages from the Illinois State Police upon request of an applicant or Card holder. Creates expanded rulemaking authority for the Illinois State Police concerning the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act. Provides that the Illinois State Police shall continuously monitor relevant State and federal databases for firearms prohibitors and correlate those records with concealed carry license holders to ensure compliance with this Act and any other State and federal laws. Defines "firearms prohibitor". Amends the Wildlife Code. Provides in various provisions an exemption to carry a firearm on Department of Natural Resources property in accordance with the Firearm Concealed Carry Act. Makes conforming changes in various other Acts. Certain provisions take effect January 1, 2024.

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Passed) 2021-08-02 - Public Act . . . . . . . . . 102-0237 [HB0562 Detail]

Download: Illinois-2021-HB0562-Chaptered.html



Public Act 102-0237
HB0562 EnrolledLRB102 02734 SPS 12886 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The Open Meetings Act is amended by changing
Section 2 as follows:
(5 ILCS 120/2) (from Ch. 102, par. 42)
(Text of Section before amendment by P.A. 101-652)
Sec. 2. Open meetings.
(a) Openness required. All meetings of public bodies shall
be open to the public unless excepted in subsection (c) and
closed in accordance with Section 2a.
(b) Construction of exceptions. The exceptions contained
in subsection (c) are in derogation of the requirement that
public bodies meet in the open, and therefore, the exceptions
are to be strictly construed, extending only to subjects
clearly within their scope. The exceptions authorize but do
not require the holding of a closed meeting to discuss a
subject included within an enumerated exception.
(c) Exceptions. A public body may hold closed meetings to
consider the following subjects:
(1) The appointment, employment, compensation,
discipline, performance, or dismissal of specific
employees, specific individuals who serve as independent
contractors in a park, recreational, or educational
setting, or specific volunteers of the public body or
legal counsel for the public body, including hearing
testimony on a complaint lodged against an employee, a
specific individual who serves as an independent
contractor in a park, recreational, or educational
setting, or a volunteer of the public body or against
legal counsel for the public body to determine its
validity. However, a meeting to consider an increase in
compensation to a specific employee of a public body that
is subject to the Local Government Wage Increase
Transparency Act may not be closed and shall be open to the
public and posted and held in accordance with this Act.
(2) Collective negotiating matters between the public
body and its employees or their representatives, or
deliberations concerning salary schedules for one or more
classes of employees.
(3) The selection of a person to fill a public office,
as defined in this Act, including a vacancy in a public
office, when the public body is given power to appoint
under law or ordinance, or the discipline, performance or
removal of the occupant of a public office, when the
public body is given power to remove the occupant under
law or ordinance.
(4) Evidence or testimony presented in open hearing,
or in closed hearing where specifically authorized by law,
to a quasi-adjudicative body, as defined in this Act,
provided that the body prepares and makes available for
public inspection a written decision setting forth its
determinative reasoning.
(5) The purchase or lease of real property for the use
of the public body, including meetings held for the
purpose of discussing whether a particular parcel should
be acquired.
(6) The setting of a price for sale or lease of
property owned by the public body.
(7) The sale or purchase of securities, investments,
or investment contracts. This exception shall not apply to
the investment of assets or income of funds deposited into
the Illinois Prepaid Tuition Trust Fund.
(8) Security procedures, school building safety and
security, and the use of personnel and equipment to
respond to an actual, a threatened, or a reasonably
potential danger to the safety of employees, students,
staff, the public, or public property.
(9) Student disciplinary cases.
(10) The placement of individual students in special
education programs and other matters relating to
individual students.
(11) Litigation, when an action against, affecting or
on behalf of the particular public body has been filed and
is pending before a court or administrative tribunal, or
when the public body finds that an action is probable or
imminent, in which case the basis for the finding shall be
recorded and entered into the minutes of the closed
meeting.
(12) The establishment of reserves or settlement of
claims as provided in the Local Governmental and
Governmental Employees Tort Immunity Act, if otherwise the
disposition of a claim or potential claim might be
prejudiced, or the review or discussion of claims, loss or
risk management information, records, data, advice or
communications from or with respect to any insurer of the
public body or any intergovernmental risk management
association or self insurance pool of which the public
body is a member.
(13) Conciliation of complaints of discrimination in
the sale or rental of housing, when closed meetings are
authorized by the law or ordinance prescribing fair
housing practices and creating a commission or
administrative agency for their enforcement.
(14) Informant sources, the hiring or assignment of
undercover personnel or equipment, or ongoing, prior or
future criminal investigations, when discussed by a public
body with criminal investigatory responsibilities.
(15) Professional ethics or performance when
considered by an advisory body appointed to advise a
licensing or regulatory agency on matters germane to the
advisory body's field of competence.
(16) Self evaluation, practices and procedures or
professional ethics, when meeting with a representative of
a statewide association of which the public body is a
member.
(17) The recruitment, credentialing, discipline or
formal peer review of physicians or other health care
professionals, or for the discussion of matters protected
under the federal Patient Safety and Quality Improvement
Act of 2005, and the regulations promulgated thereunder,
including 42 C.F.R. Part 3 (73 FR 70732), or the federal
Health Insurance Portability and Accountability Act of
1996, and the regulations promulgated thereunder,
including 45 C.F.R. Parts 160, 162, and 164, by a
hospital, or other institution providing medical care,
that is operated by the public body.
(18) Deliberations for decisions of the Prisoner
Review Board.
(19) Review or discussion of applications received
under the Experimental Organ Transplantation Procedures
Act.
(20) The classification and discussion of matters
classified as confidential or continued confidential by
the State Government Suggestion Award Board.
(21) Discussion of minutes of meetings lawfully closed
under this Act, whether for purposes of approval by the
body of the minutes or semi-annual review of the minutes
as mandated by Section 2.06.
(22) Deliberations for decisions of the State
Emergency Medical Services Disciplinary Review Board.
(23) The operation by a municipality of a municipal
utility or the operation of a municipal power agency or
municipal natural gas agency when the discussion involves
(i) contracts relating to the purchase, sale, or delivery
of electricity or natural gas or (ii) the results or
conclusions of load forecast studies.
(24) Meetings of a residential health care facility
resident sexual assault and death review team or the
Executive Council under the Abuse Prevention Review Team
Act.
(25) Meetings of an independent team of experts under
Brian's Law.
(26) Meetings of a mortality review team appointed
under the Department of Juvenile Justice Mortality Review
Team Act.
(27) (Blank).
(28) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(29) Meetings between internal or external auditors
and governmental audit committees, finance committees, and
their equivalents, when the discussion involves internal
control weaknesses, identification of potential fraud risk
areas, known or suspected frauds, and fraud interviews
conducted in accordance with generally accepted auditing
standards of the United States of America.
(30) Those meetings or portions of meetings of a
fatality review team or the Illinois Fatality Review Team
Advisory Council during which a review of the death of an
eligible adult in which abuse or neglect is suspected,
alleged, or substantiated is conducted pursuant to Section
15 of the Adult Protective Services Act.
(31) Meetings and deliberations for decisions of the
Concealed Carry Licensing Review Board under the Firearm
Concealed Carry Act.
(32) Meetings between the Regional Transportation
Authority Board and its Service Boards when the discussion
involves review by the Regional Transportation Authority
Board of employment contracts under Section 28d of the
Metropolitan Transit Authority Act and Sections 3A.18 and
3B.26 of the Regional Transportation Authority Act.
(33) Those meetings or portions of meetings of the
advisory committee and peer review subcommittee created
under Section 320 of the Illinois Controlled Substances
Act during which specific controlled substance prescriber,
dispenser, or patient information is discussed.
(34) Meetings of the Tax Increment Financing Reform
Task Force under Section 2505-800 of the Department of
Revenue Law of the Civil Administrative Code of Illinois.
(35) Meetings of the group established to discuss
Medicaid capitation rates under Section 5-30.8 of the
Illinois Public Aid Code.
(36) Those deliberations or portions of deliberations
for decisions of the Illinois Gaming Board in which there
is discussed any of the following: (i) personal,
commercial, financial, or other information obtained from
any source that is privileged, proprietary, confidential,
or a trade secret; or (ii) information specifically
exempted from the disclosure by federal or State law.
(d) Definitions. For purposes of this Section:
"Employee" means a person employed by a public body whose
relationship with the public body constitutes an
employer-employee relationship under the usual common law
rules, and who is not an independent contractor.
"Public office" means a position created by or under the
Constitution or laws of this State, the occupant of which is
charged with the exercise of some portion of the sovereign
power of this State. The term "public office" shall include
members of the public body, but it shall not include
organizational positions filled by members thereof, whether
established by law or by a public body itself, that exist to
assist the body in the conduct of its business.
"Quasi-adjudicative body" means an administrative body
charged by law or ordinance with the responsibility to conduct
hearings, receive evidence or testimony and make
determinations based thereon, but does not include local
electoral boards when such bodies are considering petition
challenges.
(e) Final action. No final action may be taken at a closed
meeting. Final action shall be preceded by a public recital of
the nature of the matter being considered and other
information that will inform the public of the business being
conducted.
(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17;
100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff.
8-23-19; revised 9-27-19.)
(Text of Section after amendment by P.A. 101-652)
Sec. 2. Open meetings.
(a) Openness required. All meetings of public bodies shall
be open to the public unless excepted in subsection (c) and
closed in accordance with Section 2a.
(b) Construction of exceptions. The exceptions contained
in subsection (c) are in derogation of the requirement that
public bodies meet in the open, and therefore, the exceptions
are to be strictly construed, extending only to subjects
clearly within their scope. The exceptions authorize but do
not require the holding of a closed meeting to discuss a
subject included within an enumerated exception.
(c) Exceptions. A public body may hold closed meetings to
consider the following subjects:
(1) The appointment, employment, compensation,
discipline, performance, or dismissal of specific
employees, specific individuals who serve as independent
contractors in a park, recreational, or educational
setting, or specific volunteers of the public body or
legal counsel for the public body, including hearing
testimony on a complaint lodged against an employee, a
specific individual who serves as an independent
contractor in a park, recreational, or educational
setting, or a volunteer of the public body or against
legal counsel for the public body to determine its
validity. However, a meeting to consider an increase in
compensation to a specific employee of a public body that
is subject to the Local Government Wage Increase
Transparency Act may not be closed and shall be open to the
public and posted and held in accordance with this Act.
(2) Collective negotiating matters between the public
body and its employees or their representatives, or
deliberations concerning salary schedules for one or more
classes of employees.
(3) The selection of a person to fill a public office,
as defined in this Act, including a vacancy in a public
office, when the public body is given power to appoint
under law or ordinance, or the discipline, performance or
removal of the occupant of a public office, when the
public body is given power to remove the occupant under
law or ordinance.
(4) Evidence or testimony presented in open hearing,
or in closed hearing where specifically authorized by law,
to a quasi-adjudicative body, as defined in this Act,
provided that the body prepares and makes available for
public inspection a written decision setting forth its
determinative reasoning.
(5) The purchase or lease of real property for the use
of the public body, including meetings held for the
purpose of discussing whether a particular parcel should
be acquired.
(6) The setting of a price for sale or lease of
property owned by the public body.
(7) The sale or purchase of securities, investments,
or investment contracts. This exception shall not apply to
the investment of assets or income of funds deposited into
the Illinois Prepaid Tuition Trust Fund.
(8) Security procedures, school building safety and
security, and the use of personnel and equipment to
respond to an actual, a threatened, or a reasonably
potential danger to the safety of employees, students,
staff, the public, or public property.
(9) Student disciplinary cases.
(10) The placement of individual students in special
education programs and other matters relating to
individual students.
(11) Litigation, when an action against, affecting or
on behalf of the particular public body has been filed and
is pending before a court or administrative tribunal, or
when the public body finds that an action is probable or
imminent, in which case the basis for the finding shall be
recorded and entered into the minutes of the closed
meeting.
(12) The establishment of reserves or settlement of
claims as provided in the Local Governmental and
Governmental Employees Tort Immunity Act, if otherwise the
disposition of a claim or potential claim might be
prejudiced, or the review or discussion of claims, loss or
risk management information, records, data, advice or
communications from or with respect to any insurer of the
public body or any intergovernmental risk management
association or self insurance pool of which the public
body is a member.
(13) Conciliation of complaints of discrimination in
the sale or rental of housing, when closed meetings are
authorized by the law or ordinance prescribing fair
housing practices and creating a commission or
administrative agency for their enforcement.
(14) Informant sources, the hiring or assignment of
undercover personnel or equipment, or ongoing, prior or
future criminal investigations, when discussed by a public
body with criminal investigatory responsibilities.
(15) Professional ethics or performance when
considered by an advisory body appointed to advise a
licensing or regulatory agency on matters germane to the
advisory body's field of competence.
(16) Self evaluation, practices and procedures or
professional ethics, when meeting with a representative of
a statewide association of which the public body is a
member.
(17) The recruitment, credentialing, discipline or
formal peer review of physicians or other health care
professionals, or for the discussion of matters protected
under the federal Patient Safety and Quality Improvement
Act of 2005, and the regulations promulgated thereunder,
including 42 C.F.R. Part 3 (73 FR 70732), or the federal
Health Insurance Portability and Accountability Act of
1996, and the regulations promulgated thereunder,
including 45 C.F.R. Parts 160, 162, and 164, by a
hospital, or other institution providing medical care,
that is operated by the public body.
(18) Deliberations for decisions of the Prisoner
Review Board.
(19) Review or discussion of applications received
under the Experimental Organ Transplantation Procedures
Act.
(20) The classification and discussion of matters
classified as confidential or continued confidential by
the State Government Suggestion Award Board.
(21) Discussion of minutes of meetings lawfully closed
under this Act, whether for purposes of approval by the
body of the minutes or semi-annual review of the minutes
as mandated by Section 2.06.
(22) Deliberations for decisions of the State
Emergency Medical Services Disciplinary Review Board.
(23) The operation by a municipality of a municipal
utility or the operation of a municipal power agency or
municipal natural gas agency when the discussion involves
(i) contracts relating to the purchase, sale, or delivery
of electricity or natural gas or (ii) the results or
conclusions of load forecast studies.
(24) Meetings of a residential health care facility
resident sexual assault and death review team or the
Executive Council under the Abuse Prevention Review Team
Act.
(25) Meetings of an independent team of experts under
Brian's Law.
(26) Meetings of a mortality review team appointed
under the Department of Juvenile Justice Mortality Review
Team Act.
(27) (Blank).
(28) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(29) Meetings between internal or external auditors
and governmental audit committees, finance committees, and
their equivalents, when the discussion involves internal
control weaknesses, identification of potential fraud risk
areas, known or suspected frauds, and fraud interviews
conducted in accordance with generally accepted auditing
standards of the United States of America.
(30) Those meetings or portions of meetings of a
fatality review team or the Illinois Fatality Review Team
Advisory Council during which a review of the death of an
eligible adult in which abuse or neglect is suspected,
alleged, or substantiated is conducted pursuant to Section
15 of the Adult Protective Services Act.
(31) Meetings and deliberations for decisions of the
Concealed Carry Licensing Review Board under the Firearm
Concealed Carry Act.
(32) Meetings between the Regional Transportation
Authority Board and its Service Boards when the discussion
involves review by the Regional Transportation Authority
Board of employment contracts under Section 28d of the
Metropolitan Transit Authority Act and Sections 3A.18 and
3B.26 of the Regional Transportation Authority Act.
(33) Those meetings or portions of meetings of the
advisory committee and peer review subcommittee created
under Section 320 of the Illinois Controlled Substances
Act during which specific controlled substance prescriber,
dispenser, or patient information is discussed.
(34) Meetings of the Tax Increment Financing Reform
Task Force under Section 2505-800 of the Department of
Revenue Law of the Civil Administrative Code of Illinois.
(35) Meetings of the group established to discuss
Medicaid capitation rates under Section 5-30.8 of the
Illinois Public Aid Code.
(36) Those deliberations or portions of deliberations
for decisions of the Illinois Gaming Board in which there
is discussed any of the following: (i) personal,
commercial, financial, or other information obtained from
any source that is privileged, proprietary, confidential,
or a trade secret; or (ii) information specifically
exempted from the disclosure by federal or State law.
(37) Deliberations for decisions of the Illinois Law
Enforcement Training Standards Board, the Certification
Review Panel, and the Illinois State Police Merit Board
regarding certification and decertification.
(38) Meetings of the Firearm Owner's Identification
Card Review Board under Section 10 of the Firearm Owners
Identification Card Act.
(d) Definitions. For purposes of this Section:
"Employee" means a person employed by a public body whose
relationship with the public body constitutes an
employer-employee relationship under the usual common law
rules, and who is not an independent contractor.
"Public office" means a position created by or under the
Constitution or laws of this State, the occupant of which is
charged with the exercise of some portion of the sovereign
power of this State. The term "public office" shall include
members of the public body, but it shall not include
organizational positions filled by members thereof, whether
established by law or by a public body itself, that exist to
assist the body in the conduct of its business.
"Quasi-adjudicative body" means an administrative body
charged by law or ordinance with the responsibility to conduct
hearings, receive evidence or testimony and make
determinations based thereon, but does not include local
electoral boards when such bodies are considering petition
challenges.
(e) Final action. No final action may be taken at a closed
meeting. Final action shall be preceded by a public recital of
the nature of the matter being considered and other
information that will inform the public of the business being
conducted.
(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17;
100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff.
8-23-19; 101-652, eff. 1-1-22.)
Section 5. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
(Text of Section before amendment by P.A. 101-652)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act. This subsection (n) shall
apply until the conclusion of the trial of the case, even
if the prosecution chooses not to pursue the death penalty
prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of
the Regional Transportation Authority Act or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained
in, stored in, submitted to, transferred by, or released
from the Illinois Health Information Exchange, and
identified or deidentified health information in the form
of health data and medical records of the Illinois Health
Information Exchange in the possession of the Illinois
Health Information Exchange Office due to its
administration of the Illinois Health Information
Exchange. The terms "identified" and "deidentified" shall
be given the same meaning as in the Health Insurance
Portability and Accountability Act of 1996, Public Law
104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is exempt from disclosure under
subsection (k) of Section 11 of the Equal Pay Act of 2003.
(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
eff. 7-7-20; 101-656, eff. 3-23-21.)
(Text of Section after amendment by P.A. 101-652)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act. This subsection (n) shall
apply until the conclusion of the trial of the case, even
if the prosecution chooses not to pursue the death penalty
prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of
the Regional Transportation Authority Act or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained
in, stored in, submitted to, transferred by, or released
from the Illinois Health Information Exchange, and
identified or deidentified health information in the form
of health data and medical records of the Illinois Health
Information Exchange in the possession of the Illinois
Health Information Exchange Office due to its
administration of the Illinois Health Information
Exchange. The terms "identified" and "deidentified" shall
be given the same meaning as in the Health Insurance
Portability and Accountability Act of 1996, Public Law
104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is exempt from disclosure under
subsection (k) of Section 11 of the Equal Pay Act of 2003.
(ccc) (bbb) Information that is prohibited from
disclosure by the Illinois Police Training Act and the
State Police Act.
(ddd) Records exempt from disclosure under Section
2605-304 of the Department of State Police Law of the
Civil Administrative Code of Illinois.
(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
eff. 7-7-20; 101-652, eff. 1-1-22; 101-656, eff. 3-23-21;
revised 4-21-21.)
Section 7. The Gun Trafficking Information Act is amended
by changing Section 10-5 as follows:
(5 ILCS 830/10-5)
Sec. 10-5. Gun trafficking information.
(a) The Department of State Police shall use all
reasonable efforts in making publicly available, on a regular
and ongoing basis, key information related to firearms used in
the commission of crimes in this State, including, but not
limited to: reports on crimes committed with firearms,
locations where the crimes occurred, the number of persons
killed or injured in the commission of the crimes, the state
where the firearms used originated, the Federal Firearms
Licensee that sold the firearm, and the type of firearms used,
annual statistical information concerning Firearm Owner's
Identification Card and concealed carry license applications,
revocations, and compliance with Section 9.5 of the Firearm
Owners Identification Card Act, firearm restraining order
dispositions, and firearm dealer license certification
inspections. The Department shall make the information
available on its website, which may be presented in a
dashboard format, in addition to electronically filing a
report with the Governor and the General Assembly. The report
to the General Assembly shall be filed with the Clerk of the
House of Representatives and the Secretary of the Senate in
electronic form only, in the manner that the Clerk and the
Secretary shall direct.
(b) The Department shall study, on a regular and ongoing
basis, and compile reports on the number of Firearm Owner's
Identification Card checks to determine firearms trafficking
or straw purchase patterns. The Department shall, to the
extent not inconsistent with law, share such reports and
underlying data with academic centers, foundations, and law
enforcement agencies studying firearms trafficking, provided
that personally identifying information is protected. For
purposes of this subsection (b), a Firearm Owner's
Identification Card number is not personally identifying
information, provided that no other personal information of
the card holder is attached to the record. The Department may
create and attach an alternate unique identifying number to
each Firearm Owner's Identification Card number, instead of
releasing the Firearm Owner's Identification Card number
itself.
(c) Each department, office, division, and agency of this
State shall, to the extent not inconsistent with law,
cooperate fully with the Department and furnish the Department
with all relevant information and assistance on a timely basis
as is necessary to accomplish the purpose of this Act. The
Illinois Criminal Justice Information Authority shall submit
the information required in subsection (a) of this Section to
the Department of State Police, and any other information as
the Department may request, to assist the Department in
carrying out its duties under this Act.
(Source: P.A. 100-1178, eff. 1-18-19.)
Section 10. The Department of State Police Law of the
Civil Administrative Code of Illinois is amended by changing
Section 2605-605 and by adding Section 2605-304 as follows:
(20 ILCS 2605/2605-304 new)
Sec. 2605-304. Prohibited persons portal.
(a) Within 90 days after the effective date of this
amendatory Act of the 102nd General Assembly, the Illinois
State Police shall establish a portal for use by federal,
State, or local law enforcement agencies, including Offices of
the State's Attorneys and the Office of the Attorney General
to capture a report of persons whose Firearm Owner's
Identification Cards have been revoked or suspended. The
portal is for law enforcement purposes only.
(b) The Illinois State Police shall include in the report
the reason the person's Firearm Owner's Identification Card
was subject to revocation or suspension, to the extent allowed
by law, consistent with Sections 8 and 8.2 of the Firearm
Owners Identification Card Act.
(c) The Illinois State Police shall indicate whether the
person subject to the revocation or suspension of his or her
Firearm Owner's Identification Card has surrendered his or her
revoked or suspended Firearm Owner's Identification Card and
whether the person has completed a Firearm Disposition Record
required under Section 9.5 of the Firearm Owners
Identification Card Act. The Illinois State Police shall make
reasonable efforts to make this information available on the
Law Enforcement Agencies Data System (LEADS).
(d) The Illinois State Police shall provide updates of
information related to an individual's current Firearm Owner's
Identification Card revocation or suspension status, including
compliance under Section 9.5 of the Firearm Owners
Identification Card Act, in the Illinois State Police's Law
Enforcement Agencies Data System.
(e) Records in this portal are exempt from disclosure
under the Freedom of Information Act.
(f) The Illinois State Police may adopt rules necessary to
implement this Section.
(20 ILCS 2605/2605-605)
Sec. 2605-605. Violent Crime Intelligence Task Force. The
Director of State Police shall may establish a statewide
multi-jurisdictional Violent Crime Intelligence Task Force led
by the Department of State Police dedicated to combating gun
violence, gun-trafficking, and other violent crime with the
primary mission of preservation of life and reducing the
occurrence and the fear of crime. The objectives of the Task
Force shall include, but not be limited to, reducing and
preventing illegal possession and use of firearms,
firearm-related homicides, and other violent crimes, and
solving firearm-related crimes.
(1) The Task Force may develop and acquire information,
training, tools, and resources necessary to implement a
data-driven approach to policing, with an emphasis on
intelligence development.
(2) The Task Force may utilize information sharing,
partnerships, crime analysis, and evidence-based practices to
assist in the reduction of firearm-related shootings,
homicides, and gun-trafficking, including, but not limited to,
ballistic data, eTrace data, DNA evidence, latent
fingerprints, firearm training data, and National Integrated
Ballistic Information Network (NIBIN) data. The Task Force may
design a model crime gun intelligence strategy which may
include, but is not limited to, comprehensive collection and
documentation of all ballistic evidence, timely transfer of
NIBIN and eTrace leads to an intelligence center, which may
include the Division of Criminal Investigation of the Illinois
State Police, timely dissemination of intelligence to
investigators, investigative follow-up, and coordinated
prosecution.
(3) The Task Force may recognize and utilize best
practices of community policing and may develop potential
partnerships with faith-based and community organizations to
achieve its goals.
(4) The Task Force may identify and utilize best practices
in drug-diversion programs and other community-based services
to redirect low-level offenders.
(5) The Task Force may assist in violence suppression
strategies including, but not limited to, details in
identified locations that have shown to be the most prone to
gun violence and violent crime, focused deterrence against
violent gangs and groups considered responsible for the
violence in communities, and other intelligence driven methods
deemed necessary to interrupt cycles of violence or prevent
retaliation.
(6) In consultation with the Chief Procurement Officer,
the Department of State Police may obtain contracts for
software, commodities, resources, and equipment to assist the
Task Force with achieving this Act. Any contracts necessary to
support the delivery of necessary software, commodities,
resources, and equipment are not subject to the Illinois
Procurement Code, except for Sections 20-60, 20-65, 20-70, and
20-160 and Article 50 of that Code, provided that the Chief
Procurement Officer may, in writing with justification, waive
any certification required under Article 50 of the Illinois
Procurement Code.
(7) The Task Force shall conduct enforcement operations
against persons whose Firearm Owner's Identification Cards
have been revoked or suspended and persons who fail to comply
with the requirements of Section 9.5 of the Firearm Owners
Identification Card Act, prioritizing individuals presenting a
clear and present danger to themselves or to others under
paragraph (2) of subsection (d) of Section 8.1 of the Firearm
Owners Identification Card Act.
(8) The Task Force shall collaborate with local law
enforcement agencies to enforce provisions of the Firearm
Owners Identification Card Act, the Firearm Concealed Carry
Act, the Firearm Dealer License Certification Act, and Article
24 of the Criminal Code of 2012.
(9) To implement this Section, the Director of the
Illinois State Police may establish intergovernmental
agreements with law enforcement agencies in accordance with
the Intergovernmental Cooperation Act.
(10) Law enforcement agencies that participate in
activities described in paragraphs (7) through (9) may apply
to the Illinois State Police for grants from the State Police
Revocation Enforcement Fund.
(Source: P.A. 100-3, eff. 1-1-18.)
Section 11. The Illinois Criminal Justice Information Act
is amended by adding Section 7.9 as follows:
(20 ILCS 3930/7.9 new)
Sec. 7.9. Firearm Prohibitors and Records Improvement Task
Force.
(a) As used in this Section, "firearms prohibitor" means
any factor listed in Section 4 of the Firearm Owners
Identification Card Act or Section 24-3 or 24-3.1 of the
Criminal Code of 2012 that prohibits a person from
transferring or possessing a firearm, firearm ammunition,
Firearm Owner's Identification Card, or concealed carry
license.
(b) The Firearm Prohibitors and Records Improvement Task
Force is created to identify and research all available
grants, resources, and revenue that may be applied for and
used by all entities responsible for reporting federal and
State firearm prohibitors to the Illinois State Police and the
National Instant Criminal Background Check System. Under the
Firearm Owners Identification Card Act, these reporting
entities include, but are not limited to, hospitals, courts,
law enforcement and corrections. The Task Force shall identify
weaknesses in reporting and recommend a strategy to direct
resources and revenue to ensuring reporting is reliable,
accurate, and timely. The Task Force shall inventory all
statutorily mandated firearm and gun violence related data
collection and reporting requirements, along with the agency
responsible for collecting that data, and identify gaps in
those requirements. The Task Force shall submit a coordinated
application with and through the Illinois Criminal Justice
Information Authority for federal funds from the National
Criminal History Improvement Program and the NICS Acts Record
Improvement Program. The Firearm Prohibitors and Records
Improvement Task Force shall be comprised of the following
members, all of whom shall serve without compensation:
(1) the Executive Director of the Illinois Criminal
Justice Information Authority, who shall serve as Chair;
(2) the Director of the Illinois State Police, or his
or her designee;
(3) the Secretary of Human Services, or his or her
designee;
(4) the Director of Corrections, or his or her
designee;
(5) the Attorney General, or his or her designee;
(6) the Director of the Administrative Office of the
Illinois Courts, or his or her designee;
(7) a representative of an association representing
circuit clerks appointed by the President of the Senate;
(8) a representative of an association representing
sheriffs appointed by the House Minority Leader;
(9) a representative of an association representing
State's Attorneys appointed by the House Minority Leader;
(10) a representative of an association representing
chiefs of police appointed by the Senate Minority Leader;
(11) a representative of an association representing
hospitals appointed by the Speaker of the House of
Representatives;
(12) a representative of an association representing
counties appointed by the President of the Senate; and
(13) a representative of an association representing
municipalities appointed by the Speaker of the House of
Representatives.
(c) The Illinois Criminal Justice Information Authority
shall provide administrative and other support to the Task
Force. The Illinois State Police Division of Justice Services
shall also provide support to the Illinois Criminal Justice
Information Authority and the Task Force.
(d) The Task Force may meet in person or virtually and
shall issue a written report of its findings and
recommendations to General Assembly on or before July 1, 2022.
The Task Force shall issue an annual report, which shall
include information on the state of FOID data, including a
review of previous activity by the Task Force to close
previously identified gaps; identifying known (or new) gaps; a
proposal of policy and practice recommendations to close those
gaps; and a preview of expected activities of the Task Force
for the coming year.
(e) Within 60 days of the effective date of this
amendatory Act of the 102nd General Assembly, the Chair shall
establish the Task Force.
(f) This Section is repealed on July 1, 2027.
Section 15. The State Finance Act is amended by changing
6z-99 and by adding Sections 5.938 and 6z-125 as follows:
(30 ILCS 105/5.938 new)
Sec. 5.938. The State Police Revocation Enforcement Fund.
(30 ILCS 105/6z-99)
Sec. 6z-99. The Mental Health Reporting Fund.
(a) There is created in the State treasury a special fund
known as the Mental Health Reporting Fund. The Fund shall
receive revenue under the Firearm Concealed Carry Act. The
Fund may also receive revenue from grants, pass-through
grants, donations, appropriations, and any other legal source.
(b) The Department of State Police and Department of Human
Services shall coordinate to use moneys in the Fund to finance
their respective duties of collecting and reporting data on
mental health records and ensuring that mental health firearm
possession prohibitors are enforced as set forth under the
Firearm Concealed Carry Act and the Firearm Owners
Identification Card Act. Any surplus in the Fund beyond what
is necessary to ensure compliance with mental health reporting
under these Acts shall be used by the Department of Human
Services for mental health treatment programs as follows: (1)
50% shall be used to fund community-based mental health
programs aimed at reducing gun violence, community integration
and education, or mental health awareness and prevention,
including administrative costs; and (2) 50% shall be used to
award grants that use and promote the National School Mental
Health Curriculum model for school-based mental health
support, integration, and services.
(c) Investment income that is attributable to the
investment of moneys in the Fund shall be retained in the Fund
for the uses specified in this Section.
(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
(30 ILCS 105/6z-125 new)
Sec. 6z-125. State Police Revocation Enforcement Fund.
(a) The State Police Revocation Enforcement Fund is
established as a special fund in the State treasury. This Fund
is established to receive moneys from the Firearm Owners
Identification Card Act to enforce that Act, the Firearm
Concealed Carry Act, Article 24 of the Criminal Code of 2012,
and other firearm offenses. The Fund may also receive revenue
from grants, donations, appropriations, and any other legal
source.
(b) The Illinois State Police may use moneys from the Fund
to establish task forces and, if necessary, include other law
enforcement agencies, under intergovernmental contracts
written and executed in conformity with the Intergovernmental
Cooperation Act.
(c) The Illinois State Police may use moneys in the Fund to
hire and train State Police officers and prevention of violent
crime.
(d) The State Police Revocation Enforcement Fund is not
subject to administrative chargebacks.
(e) Law enforcement agencies that participate in Firearm
Owner's Identification Card revocation enforcement in the
Violent Crime Intelligence Task Force may apply for grants
from the Illinois State Police.
Section 16. The Intergovernmental Drug Laws Enforcement
Act is amended by changing Section 3 as follows:
(30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)
Sec. 3. A Metropolitan Enforcement Group which meets the
minimum criteria established in this Section is eligible to
receive State grants to help defray the costs of operation. To
be eligible a MEG must:
(1) Be established and operating pursuant to
intergovernmental contracts written and executed in
conformity with the Intergovernmental Cooperation Act, and
involve 2 or more units of local government.
(2) Establish a MEG Policy Board composed of an
elected official, or his designee, and the chief law
enforcement officer, or his designee, from each
participating unit of local government to oversee the
operations of the MEG and make such reports to the
Department of State Police as the Department may require.
(3) Designate a single appropriate elected official of
a participating unit of local government to act as the
financial officer of the MEG for all participating units
of local government and to receive funds for the operation
of the MEG.
(4) Limit its operations to enforcement of drug laws;
enforcement of Sections 10-9, 24-1, 24-1.1, 24-1.2,
24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1, 24-2.2, 24-3,
24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8,
24-3.9,24-3A, 24-3B, 24-4, and 24-5 and subsections
24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9),
24-1(a)(10), and 24-1(c) of the Criminal Code of 2012;
Sections 2, 3, 6.1, 14 of the Firearm Owners
Identification Card Act; and the investigation of
streetgang related offenses.
(5) Cooperate with the Department of State Police in
order to assure compliance with this Act and to enable the
Department to fulfill its duties under this Act, and
supply the Department with all information the Department
deems necessary therefor.
(6) Receive funding of at least 50% of the total
operating budget of the MEG from the participating units
of local government.
(Source: P.A. 97-1150, eff. 1-25-13.)
Section 20. The Firearm Owners Identification Card Act is
amended by changing Sections 1.1, 3, 3.1, 4, 5, 6, 7, 8.2, 8.3,
9.5, 10, 11, and 13.2 and by adding Sections 6.2, 7.5, 8.4,
8.5, and 13.4 as follows:
(430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
Sec. 1.1. For purposes of this Act:
"Addicted to narcotics" means a person who has been:
(1) convicted of an offense involving the use or
possession of cannabis, a controlled substance, or
methamphetamine within the past year; or
(2) determined by the Department of State Police to be
addicted to narcotics based upon federal law or federal
guidelines.
"Addicted to narcotics" does not include possession or use
of a prescribed controlled substance under the direction and
authority of a physician or other person authorized to
prescribe the controlled substance when the controlled
substance is used in the prescribed manner.
"Adjudicated as a person with a mental disability" means
the person is the subject of a determination by a court, board,
commission or other lawful authority that the person, as a
result of marked subnormal intelligence, or mental illness,
mental impairment, incompetency, condition, or disease:
(1) presents a clear and present danger to himself,
herself, or to others;
(2) lacks the mental capacity to manage his or her own
affairs or is adjudicated a person with a disability as
defined in Section 11a-2 of the Probate Act of 1975;
(3) is not guilty in a criminal case by reason of
insanity, mental disease or defect;
(3.5) is guilty but mentally ill, as provided in
Section 5-2-6 of the Unified Code of Corrections;
(4) is incompetent to stand trial in a criminal case;
(5) is not guilty by reason of lack of mental
responsibility under Articles 50a and 72b of the Uniform
Code of Military Justice, 10 U.S.C. 850a, 876b;
(6) is a sexually violent person under subsection (f)
of Section 5 of the Sexually Violent Persons Commitment
Act;
(7) is a sexually dangerous person under the Sexually
Dangerous Persons Act;
(8) is unfit to stand trial under the Juvenile Court
Act of 1987;
(9) is not guilty by reason of insanity under the
Juvenile Court Act of 1987;
(10) is subject to involuntary admission as an
inpatient as defined in Section 1-119 of the Mental Health
and Developmental Disabilities Code;
(11) is subject to involuntary admission as an
outpatient as defined in Section 1-119.1 of the Mental
Health and Developmental Disabilities Code;
(12) is subject to judicial admission as set forth in
Section 4-500 of the Mental Health and Developmental
Disabilities Code; or
(13) is subject to the provisions of the Interstate
Agreements on Sexually Dangerous Persons Act.
"Clear and present danger" means a person who:
(1) communicates a serious threat of physical violence
against a reasonably identifiable victim or poses a clear
and imminent risk of serious physical injury to himself,
herself, or another person as determined by a physician,
clinical psychologist, or qualified examiner; or
(2) demonstrates threatening physical or verbal
behavior, such as violent, suicidal, or assaultive
threats, actions, or other behavior, as determined by a
physician, clinical psychologist, qualified examiner,
school administrator, or law enforcement official.
"Clinical psychologist" has the meaning provided in
Section 1-103 of the Mental Health and Developmental
Disabilities Code.
"Controlled substance" means a controlled substance or
controlled substance analog as defined in the Illinois
Controlled Substances Act.
"Counterfeit" means to copy or imitate, without legal
authority, with intent to deceive.
"Federally licensed firearm dealer" means a person who is
licensed as a federal firearms dealer under Section 923 of the
federal Gun Control Act of 1968 (18 U.S.C. 923).
"Firearm" means any device, by whatever name known, which
is designed to expel a projectile or projectiles by the action
of an explosion, expansion of gas or escape of gas; excluding,
however:
(1) any pneumatic gun, spring gun, paint ball gun, or
B-B gun which expels a single globular projectile not
exceeding .18 inch in diameter or which has a maximum
muzzle velocity of less than 700 feet per second;
(1.1) any pneumatic gun, spring gun, paint ball gun,
or B-B gun which expels breakable paint balls containing
washable marking colors;
(2) any device used exclusively for signalling or
safety and required or recommended by the United States
Coast Guard or the Interstate Commerce Commission;
(3) any device used exclusively for the firing of stud
cartridges, explosive rivets or similar industrial
ammunition; and
(4) an antique firearm (other than a machine-gun)
which, although designed as a weapon, the Department of
State Police finds by reason of the date of its
manufacture, value, design, and other characteristics is
primarily a collector's item and is not likely to be used
as a weapon.
"Firearm ammunition" means any self-contained cartridge or
shotgun shell, by whatever name known, which is designed to be
used or adaptable to use in a firearm; excluding, however:
(1) any ammunition exclusively designed for use with a
device used exclusively for signalling or safety and
required or recommended by the United States Coast Guard
or the Interstate Commerce Commission; and
(2) any ammunition designed exclusively for use with a
stud or rivet driver or other similar industrial
ammunition.
"Gun show" means an event or function:
(1) at which the sale and transfer of firearms is the
regular and normal course of business and where 50 or more
firearms are displayed, offered, or exhibited for sale,
transfer, or exchange; or
(2) at which not less than 10 gun show vendors
display, offer, or exhibit for sale, sell, transfer, or
exchange firearms.
"Gun show" includes the entire premises provided for an
event or function, including parking areas for the event or
function, that is sponsored to facilitate the purchase, sale,
transfer, or exchange of firearms as described in this
Section. Nothing in this definition shall be construed to
exclude a gun show held in conjunction with competitive
shooting events at the World Shooting Complex sanctioned by a
national governing body in which the sale or transfer of
firearms is authorized under subparagraph (5) of paragraph (g)
of subsection (A) of Section 24-3 of the Criminal Code of 2012.
Unless otherwise expressly stated, "gun show" does not
include training or safety classes, competitive shooting
events, such as rifle, shotgun, or handgun matches, trap,
skeet, or sporting clays shoots, dinners, banquets, raffles,
or any other event where the sale or transfer of firearms is
not the primary course of business.
"Gun show promoter" means a person who organizes or
operates a gun show.
"Gun show vendor" means a person who exhibits, sells,
offers for sale, transfers, or exchanges any firearms at a gun
show, regardless of whether the person arranges with a gun
show promoter for a fixed location from which to exhibit,
sell, offer for sale, transfer, or exchange any firearm.
"Involuntarily admitted" has the meaning as prescribed in
Sections 1-119 and 1-119.1 of the Mental Health and
Developmental Disabilities Code.
"Mental health facility" means any licensed private
hospital or hospital affiliate, institution, or facility, or
part thereof, and any facility, or part thereof, operated by
the State or a political subdivision thereof which provide
treatment of persons with mental illness and includes all
hospitals, institutions, clinics, evaluation facilities,
mental health centers, colleges, universities, long-term care
facilities, and nursing homes, or parts thereof, which provide
treatment of persons with mental illness whether or not the
primary purpose is to provide treatment of persons with mental
illness.
"National governing body" means a group of persons who
adopt rules and formulate policy on behalf of a national
firearm sporting organization.
"Patient" means:
(1) a person who is admitted as an inpatient or
resident of a public or private mental health facility for
mental health treatment under Chapter III of the Mental
Health and Developmental Disabilities Code as an informal
admission, a voluntary admission, a minor admission, an
emergency admission, or an involuntary admission, unless
the treatment was solely for an alcohol abuse disorder; or
(2) a person who voluntarily or involuntarily receives
mental health treatment as an out-patient or is otherwise
provided services by a public or private mental health
facility, and who poses a clear and present danger to
himself, herself, or to others.
"Person with a developmental disability" means a person
with a disability which is attributable to any other condition
which results in impairment similar to that caused by an
intellectual disability and which requires services similar to
those required by persons with intellectual disabilities. The
disability must originate before the age of 18 years, be
expected to continue indefinitely, and constitute a
substantial disability. This disability results, in the
professional opinion of a physician, clinical psychologist, or
qualified examiner, in significant functional limitations in 3
or more of the following areas of major life activity:
(i) self-care;
(ii) receptive and expressive language;
(iii) learning;
(iv) mobility; or
(v) self-direction.
"Person with an intellectual disability" means a person
with a significantly subaverage general intellectual
functioning which exists concurrently with impairment in
adaptive behavior and which originates before the age of 18
years.
"Physician" has the meaning as defined in Section 1-120 of
the Mental Health and Developmental Disabilities Code.
"Protective order" means any orders of protection issued
under the Illinois Domestic Violence Act of 1986, stalking no
contact orders issued under the Stalking No Contact Order Act,
civil no contact orders issued under the Civil No Contact
Order Act, and firearms restraining orders issued under the
Firearms Restraining Order Act.
"Qualified examiner" has the meaning provided in Section
1-122 of the Mental Health and Developmental Disabilities
Code.
"Sanctioned competitive shooting event" means a shooting
contest officially recognized by a national or state shooting
sport association, and includes any sight-in or practice
conducted in conjunction with the event.
"School administrator" means the person required to report
under the School Administrator Reporting of Mental Health
Clear and Present Danger Determinations Law.
"Stun gun or taser" has the meaning ascribed to it in
Section 24-1 of the Criminal Code of 2012.
(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;
99-642, eff. 7-28-16; 100-906, eff. 1-1-19.)
(430 ILCS 65/3) (from Ch. 38, par. 83-3)
Sec. 3. (a) Except as provided in Section 3a, no person may
knowingly transfer, or cause to be transferred, any firearm,
firearm ammunition, stun gun, or taser to any person within
this State unless the transferee with whom he deals displays
either: (1) a currently valid Firearm Owner's Identification
Card which has previously been issued in his or her name by the
Department of State Police under the provisions of this Act;
or (2) a currently valid license to carry a concealed firearm
which has previously been issued in his or her name by the
Department of State Police under the Firearm Concealed Carry
Act. In addition, all firearm, stun gun, and taser transfers
by federally licensed firearm dealers are subject to Section
3.1.
(a-5) Any person who is not a federally licensed firearm
dealer and who desires to transfer or sell a firearm while that
person is on the grounds of a gun show must, before selling or
transferring the firearm, request the Department of State
Police to conduct a background check on the prospective
recipient of the firearm in accordance with Section 3.1.
(a-10) Notwithstanding item (2) of subsection (a) of this
Section, any person who is not a federally licensed firearm
dealer and who desires to transfer or sell a firearm or
firearms to any person who is not a federally licensed firearm
dealer shall, before selling or transferring the firearms,
contact a federal firearm license dealer under paragraph (1)
of subsection (a-15) of this Section to conduct the transfer
or the Illinois Department of State Police with the
transferee's or purchaser's Firearm Owner's Identification
Card number to determine the validity of the transferee's or
purchaser's Firearm Owner's Identification Card under State
and federal law including the National Instant Criminal
Background Check System. This subsection shall not be
effective until January 1, 2024. Until that date the
transferor shall contact the Illinois State Police with the
transferee's or purchaser's Firearm Owner's Identification
Card number to determine the validity of the card 2014. The
Department of State Police may adopt rules concerning the
implementation of this subsection. The Department of State
Police shall provide the seller or transferor an approval
number if the purchaser's Firearm Owner's Identification Card
is valid. Approvals issued by the Department for the purchase
of a firearm pursuant to this subsection are valid for 30 days
from the date of issue.
(a-15) The provisions of subsection (a-10) of this Section
do not apply to:
(1) transfers that occur at the place of business of a
federally licensed firearm dealer, if the federally
licensed firearm dealer conducts a background check on the
prospective recipient of the firearm in accordance with
Section 3.1 of this Act and follows all other applicable
federal, State, and local laws as if he or she were the
seller or transferor of the firearm, although the dealer
is not required to accept the firearm into his or her
inventory. The purchaser or transferee may be required by
the federally licensed firearm dealer to pay a fee not to
exceed $25 $10 per firearm, which the dealer may retain as
compensation for performing the functions required under
this paragraph, plus the applicable fees authorized by
Section 3.1;
(2) transfers as a bona fide gift to the transferor's
husband, wife, son, daughter, stepson, stepdaughter,
father, mother, stepfather, stepmother, brother, sister,
nephew, niece, uncle, aunt, grandfather, grandmother,
grandson, granddaughter, father-in-law, mother-in-law,
son-in-law, or daughter-in-law;
(3) transfers by persons acting pursuant to operation
of law or a court order;
(4) transfers on the grounds of a gun show under
subsection (a-5) of this Section;
(5) the delivery of a firearm by its owner to a
gunsmith for service or repair, the return of the firearm
to its owner by the gunsmith, or the delivery of a firearm
by a gunsmith to a federally licensed firearms dealer for
service or repair and the return of the firearm to the
gunsmith;
(6) temporary transfers that occur while in the home
of the unlicensed transferee, if the unlicensed transferee
is not otherwise prohibited from possessing firearms and
the unlicensed transferee reasonably believes that
possession of the firearm is necessary to prevent imminent
death or great bodily harm to the unlicensed transferee;
(7) transfers to a law enforcement or corrections
agency or a law enforcement or corrections officer acting
within the course and scope of his or her official duties;
(8) transfers of firearms that have been rendered
permanently inoperable to a nonprofit historical society,
museum, or institutional collection; and
(9) transfers to a person who is exempt from the
requirement of possessing a Firearm Owner's Identification
Card under Section 2 of this Act.
(a-20) The Illinois Department of State Police shall
develop an Internet-based system for individuals to determine
the validity of a Firearm Owner's Identification Card prior to
the sale or transfer of a firearm. The Department shall have
the Internet-based system updated completed and available for
use by January 1, 2024 July 1, 2015. The Illinois State Police
Department shall adopt rules not inconsistent with this
Section to implement this system; but no rule shall allow the
Illinois State Police to retain records in contravention of
State and federal law.
(a-25) On or before January 1, 2022, the Illinois State
Police shall develop an Internet-based system upon which the
serial numbers of firearms that have been reported stolen are
available for public access for individuals to ensure any
firearms are not reported stolen prior to the sale or transfer
of a firearm under this Section. The Illinois State Police
shall have the Internet-based system completed and available
for use by July 1, 2022. The Department shall adopt rules not
inconsistent with this Section to implement this system.
(b) Any person within this State who transfers or causes
to be transferred any firearm, stun gun, or taser shall keep a
record of such transfer for a period of 10 years from the date
of transfer. Any person within this State who receives any
firearm, stun gun, or taser pursuant to subsection (a-10)
shall provide a record of the transfer within 10 days of the
transfer to a federally licensed firearm dealer and shall not
be required to maintain a transfer record. The federally
licensed firearm dealer shall maintain the transfer record for
20 years from date of receipt. A federally licensed firearm
dealer may charge a fee not to exceed $25 to retain the record.
The record shall be provided and maintained in either an
electronic or paper format. The federally licensed firearm
dealer shall not be liable for the accuracy of any information
in the transfer record submitted pursuant to this Section.
Such records record shall contain the date of the transfer;
the description, serial number or other information
identifying the firearm, stun gun, or taser if no serial
number is available; and, if the transfer was completed within
this State, the transferee's Firearm Owner's Identification
Card number and any approval number or documentation provided
by the Department of State Police pursuant to subsection
(a-10) of this Section; if the transfer was not completed
within this State, the record shall contain the name and
address of the transferee. On or after January 1, 2006, the
record shall contain the date of application for transfer of
the firearm. On demand of a peace officer such transferor
shall produce for inspection such record of transfer. For any
transfer pursuant to subsection (a-10) of this Section, on the
demand of a peace officer, such transferee shall identify the
federally licensed firearm dealer maintaining the transfer
record. If the transfer or sale took place at a gun show, the
record shall include the unique identification number. Failure
to record the unique identification number or approval number
is a petty offense. For transfers of a firearm, stun gun, or
taser made on or after the effective date of this amendatory
Act of the 100th General Assembly, failure by the private
seller to maintain the transfer records in accordance with
this Section, or failure by a transferee pursuant to
subsection a-10 of this Section to identify the federally
licensed firearm dealer maintaining the transfer record, is a
Class A misdemeanor for the first offense and a Class 4 felony
for a second or subsequent offense occurring within 10 years
of the first offense and the second offense was committed
after conviction of the first offense. Whenever any person who
has not previously been convicted of any violation of
subsection (a-5), the court may grant supervision pursuant to
and consistent with the limitations of Section 5-6-1 of the
Unified Code of Corrections. A transferee or transferor shall
not be criminally liable under this Section provided that he
or she provides the Department of State Police with the
transfer records in accordance with procedures established by
the Department. The Department shall establish, by rule, a
standard form on its website.
(b-5) Any resident may purchase ammunition from a person
within or outside of Illinois if shipment is by United States
mail or by a private express carrier authorized by federal law
to ship ammunition. Any resident purchasing ammunition within
or outside the State of Illinois must provide the seller with a
copy of his or her valid Firearm Owner's Identification Card
or valid concealed carry license and either his or her
Illinois driver's license or Illinois State Identification
Card prior to the shipment of the ammunition. The ammunition
may be shipped only to an address on either of those 2
documents.
(c) The provisions of this Section regarding the transfer
of firearm ammunition shall not apply to those persons
specified in paragraph (b) of Section 2 of this Act.
(Source: P.A. 99-29, eff. 7-10-15; 100-1178, eff. 1-18-19.)
(430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
Sec. 3.1. Firearm Transfer Inquiry Program Dial up system.
(a) The Department of State Police shall provide a dial up
telephone system or utilize other existing technology which
shall be used by any federally licensed firearm dealer, gun
show promoter, or gun show vendor who is to transfer a firearm,
stun gun, or taser under the provisions of this Act. The
Department of State Police may utilize existing technology
which allows the caller to be charged a fee not to exceed $2.
Fees collected by the Department of State Police shall be
deposited in the State Police Firearm Services Fund and used
to provide the service.
(b) Upon receiving a request from a federally licensed
firearm dealer, gun show promoter, or gun show vendor, the
Department of State Police shall immediately approve, or
within the time period established by Section 24-3 of the
Criminal Code of 2012 regarding the delivery of firearms, stun
guns, and tasers notify the inquiring dealer, gun show
promoter, or gun show vendor of any objection that would
disqualify the transferee from acquiring or possessing a
firearm, stun gun, or taser. In conducting the inquiry, the
Department of State Police shall initiate and complete an
automated search of its criminal history record information
files and those of the Federal Bureau of Investigation,
including the National Instant Criminal Background Check
System, and of the files of the Department of Human Services
relating to mental health and developmental disabilities to
obtain any felony conviction or patient hospitalization
information which would disqualify a person from obtaining or
require revocation of a currently valid Firearm Owner's
Identification Card.
(b-5) By January 1, 2023, the Illinois State Police shall
by rule provide a process for the automatic renewal of the
Firearm Owner's Identification Card of a person at the time of
an inquiry in subsection (b). Persons eligible for this
process must have a set of fingerprints on file with their
application under either subsection (a-25) of Section 4 or the
Firearm Concealed Carry Act.
(c) If receipt of a firearm would not violate Section 24-3
of the Criminal Code of 2012, federal law, or this Act the
Department of State Police shall:
(1) assign a unique identification number to the
transfer; and
(2) provide the licensee, gun show promoter, or gun
show vendor with the number.
(d) Approvals issued by the Department of State Police for
the purchase of a firearm are valid for 30 days from the date
of issue.
(e) (1) The Department of State Police must act as the
Illinois Point of Contact for the National Instant Criminal
Background Check System.
(2) The Department of State Police and the Department of
Human Services shall, in accordance with State and federal law
regarding confidentiality, enter into a memorandum of
understanding with the Federal Bureau of Investigation for the
purpose of implementing the National Instant Criminal
Background Check System in the State. The Department of State
Police shall report the name, date of birth, and physical
description of any person prohibited from possessing a firearm
pursuant to the Firearm Owners Identification Card Act or 18
U.S.C. 922(g) and (n) to the National Instant Criminal
Background Check System Index, Denied Persons Files.
(3) The Department of State Police shall provide notice of
the disqualification of a person under subsection (b) of this
Section or the revocation of a person's Firearm Owner's
Identification Card under Section 8 or Section 8.2 of this
Act, and the reason for the disqualification or revocation, to
all law enforcement agencies with jurisdiction to assist with
the seizure of the person's Firearm Owner's Identification
Card.
(f) The Department of State Police shall adopt rules not
inconsistent with this Section to implement this system.
(Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17.)
(430 ILCS 65/4) (from Ch. 38, par. 83-4)
Sec. 4. Application for Firearm Owner's Identification
Cards.
(a) Each applicant for a Firearm Owner's Identification
Card must:
(1) Submit an Make application as on blank forms
prepared and furnished at convenient locations throughout
the State by the Department of State Police, or by
electronic means, if and when made available by the
Illinois Department of State Police; and
(2) Submit evidence to the Department of State Police
that:
(i) This subparagraph (i) applies through the
180th day following the effective date of this
amendatory Act of the 101st General Assembly. He or
she is 21 years of age or over, or if he or she is
under 21 years of age that he or she has the written
consent of his or her parent or legal guardian to
possess and acquire firearms and firearm ammunition
and that he or she has never been convicted of a
misdemeanor other than a traffic offense or adjudged
delinquent, provided, however, that such parent or
legal guardian is not an individual prohibited from
having a Firearm Owner's Identification Card and files
an affidavit with the Department as prescribed by the
Department stating that he or she is not an individual
prohibited from having a Card;
(i-5) This subparagraph (i-5) applies on and after
the 181st day following the effective date of this
amendatory Act of the 101st General Assembly. He or
she is 21 years of age or over, or if he or she is
under 21 years of age that he or she has never been
convicted of a misdemeanor other than a traffic
offense or adjudged delinquent and is an active duty
member of the United States Armed Forces or has the
written consent of his or her parent or legal guardian
to possess and acquire firearms and firearm
ammunition, provided, however, that such parent or
legal guardian is not an individual prohibited from
having a Firearm Owner's Identification Card and files
an affidavit with the Department as prescribed by the
Department stating that he or she is not an individual
prohibited from having a Card or the active duty
member of the United States Armed Forces under 21
years of age annually submits proof to the Department
of State Police, in a manner prescribed by the
Department;
(ii) He or she has not been convicted of a felony
under the laws of this or any other jurisdiction;
(iii) He or she is not addicted to narcotics;
(iv) He or she has not been a patient in a mental
health facility within the past 5 years or, if he or
she has been a patient in a mental health facility more
than 5 years ago submit the certification required
under subsection (u) of Section 8 of this Act;
(v) He or she is not a person with an intellectual
disability;
(vi) He or she is not an alien who is unlawfully
present in the United States under the laws of the
United States;
(vii) He or she is not subject to an existing order
of protection prohibiting him or her from possessing a
firearm;
(viii) He or she has not been convicted within the
past 5 years of battery, assault, aggravated assault,
violation of an order of protection, or a
substantially similar offense in another jurisdiction,
in which a firearm was used or possessed;
(ix) He or she has not been convicted of domestic
battery, aggravated domestic battery, or a
substantially similar offense in another jurisdiction
committed before, on or after January 1, 2012 (the
effective date of Public Act 97-158). If the applicant
knowingly and intelligently waives the right to have
an offense described in this clause (ix) tried by a
jury, and by guilty plea or otherwise, results in a
conviction for an offense in which a domestic
relationship is not a required element of the offense
but in which a determination of the applicability of
18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of
the Code of Criminal Procedure of 1963, an entry by the
court of a judgment of conviction for that offense
shall be grounds for denying the issuance of a Firearm
Owner's Identification Card under this Section;
(x) (Blank);
(xi) He or she is not an alien who has been
admitted to the United States under a non-immigrant
visa (as that term is defined in Section 101(a)(26) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(26))), or that he or she is an alien who has
been lawfully admitted to the United States under a
non-immigrant visa if that alien is:
(1) admitted to the United States for lawful
hunting or sporting purposes;
(2) an official representative of a foreign
government who is:
(A) accredited to the United States
Government or the Government's mission to an
international organization having its
headquarters in the United States; or
(B) en route to or from another country to
which that alien is accredited;
(3) an official of a foreign government or
distinguished foreign visitor who has been so
designated by the Department of State;
(4) a foreign law enforcement officer of a
friendly foreign government entering the United
States on official business; or
(5) one who has received a waiver from the
Attorney General of the United States pursuant to
18 U.S.C. 922(y)(3);
(xii) He or she is not a minor subject to a
petition filed under Section 5-520 of the Juvenile
Court Act of 1987 alleging that the minor is a
delinquent minor for the commission of an offense that
if committed by an adult would be a felony;
(xiii) He or she is not an adult who had been
adjudicated a delinquent minor under the Juvenile
Court Act of 1987 for the commission of an offense that
if committed by an adult would be a felony;
(xiv) He or she is a resident of the State of
Illinois;
(xv) He or she has not been adjudicated as a person
with a mental disability;
(xvi) He or she has not been involuntarily
admitted into a mental health facility; and
(xvii) He or she is not a person with a
developmental disability; and
(3) Upon request by the Department of State Police,
sign a release on a form prescribed by the Department of
State Police waiving any right to confidentiality and
requesting the disclosure to the Department of State
Police of limited mental health institution admission
information from another state, the District of Columbia,
any other territory of the United States, or a foreign
nation concerning the applicant for the sole purpose of
determining whether the applicant is or was a patient in a
mental health institution and disqualified because of that
status from receiving a Firearm Owner's Identification
Card. No mental health care or treatment records may be
requested. The information received shall be destroyed
within one year of receipt.
(a-5) Each applicant for a Firearm Owner's Identification
Card who is over the age of 18 shall furnish to the Department
of State Police either his or her Illinois driver's license
number or Illinois Identification Card number, except as
provided in subsection (a-10).
(a-10) Each applicant for a Firearm Owner's Identification
Card, who is employed as a law enforcement officer, an armed
security officer in Illinois, or by the United States Military
permanently assigned in Illinois and who is not an Illinois
resident, shall furnish to the Department of State Police his
or her driver's license number or state identification card
number from his or her state of residence. The Department of
State Police may adopt rules to enforce the provisions of this
subsection (a-10).
(a-15) If an applicant applying for a Firearm Owner's
Identification Card moves from the residence address named in
the application, he or she shall immediately notify in a form
and manner prescribed by the Department of State Police of
that change of address.
(a-20) Each applicant for a Firearm Owner's Identification
Card shall furnish to the Department of State Police his or her
photograph. An applicant who is 21 years of age or older
seeking a religious exemption to the photograph requirement
must furnish with the application an approved copy of United
States Department of the Treasury Internal Revenue Service
Form 4029. In lieu of a photograph, an applicant regardless of
age seeking a religious exemption to the photograph
requirement shall submit fingerprints on a form and manner
prescribed by the Department with his or her application.
(a-25) Beginning January 1, 2023, each applicant for the
issuance of a Firearm Owner's Identification Card may include
a full set of his or her fingerprints in electronic format to
the Illinois State Police, unless the applicant has previously
provided a full set of his or her fingerprints to the Illinois
State Police under this Act or the Firearm Concealed Carry
Act.
The fingerprints must be transmitted through a live scan
fingerprint vendor licensed by the Department of Financial and
Professional Regulation. The fingerprints shall be checked
against the fingerprint records now and hereafter filed in the
Illinois State Police and Federal Bureau of Investigation
criminal history records databases, including all available
State and local criminal history record information files.
The Illinois State Police shall charge applicants a
one-time fee for conducting the criminal history record check,
which shall be deposited into the State Police Services Fund
and shall not exceed the actual cost of the State and national
criminal history record check.
(a-26) The Illinois State Police shall research, explore,
and report to the General Assembly by January 1, 2022 on the
feasibility of permitting voluntarily submitted fingerprints
obtained for purposes other than Firearm Owner's
Identification Card enforcement that are contained in the
Illinois State Police database for purposes of this Act.
(b) Each application form shall include the following
statement printed in bold type: "Warning: Entering false
information on an application for a Firearm Owner's
Identification Card is punishable as a Class 2 felony in
accordance with subsection (d-5) of Section 14 of the Firearm
Owners Identification Card Act.".
(c) Upon such written consent, pursuant to Section 4,
paragraph (a)(2)(i), the parent or legal guardian giving the
consent shall be liable for any damages resulting from the
applicant's use of firearms or firearm ammunition.
(Source: P.A. 101-80, eff. 7-12-19.)
(430 ILCS 65/5) (from Ch. 38, par. 83-5)
Sec. 5. Application and renewal.
(a) The Department of State Police shall either approve or
deny all applications within 30 days from the date they are
received, except as provided in subsections (b) and (c)
subsection (b) of this Section, and every applicant found
qualified under Section 8 of this Act by the Department shall
be entitled to a Firearm Owner's Identification Card upon the
payment of a $10 fee and applicable processing fees. The
processing fees shall be limited to charges by the State
Treasurer for using the electronic online payment system. Any
applicant who is an active duty member of the Armed Forces of
the United States, a member of the Illinois National Guard, or
a member of the Reserve Forces of the United States is exempt
from the application fee. $5 of each fee derived from the
issuance of a Firearm Owner's Identification Card or renewals,
thereof, shall be deposited in the State Police Firearm
Services Fund and $5 into the State Police Revocation
Enforcement Fund $6 of each fee derived from the issuance of
Firearm Owner's Identification Cards, or renewals thereof,
shall be deposited in the Wildlife and Fish Fund in the State
Treasury; $1 of the fee shall be deposited in the State Police
Services Fund and $3 of the fee shall be deposited in the State
Police Firearm Services Fund.
(b) Renewal applications shall be approved or denied
within 60 business days, provided the applicant submitted his
or her renewal application prior to the expiration of his or
her Firearm Owner's Identification Card. If a renewal
application has been submitted prior to the expiration date of
the applicant's Firearm Owner's Identification Card, the
Firearm Owner's Identification Card shall remain valid while
the Department processes the application, unless the person is
subject to or becomes subject to revocation under this Act.
The cost for a renewal application shall be $10, and may
include applicable processing fees, which shall be limited to
charges by the State Treasurer for using the electronic online
payment system, which shall be deposited into the State Police
Firearm Services Fund.
(c) If the Firearm Owner's Identification Card of a
licensee under the Firearm Concealed Carry Act expires during
the term of the licensee's concealed carry license, the
Firearm Owner's Identification Card and the license remain
valid and the licensee does not have to renew his or her
Firearm Owner's Identification Card during the duration of the
concealed carry license. Unless the Illinois State Police has
reason to believe the licensee is no longer eligible for the
card, the Illinois State Police may automatically renew the
licensee's Firearm Owner's Identification Card and send a
renewed Firearm Owner's Identification Card to the licensee.
(d) The Illinois State Police may adopt rules concerning
the use of voluntarily submitted fingerprints, as allowed by
State and federal law.
(Source: P.A. 100-906, eff. 1-1-19.)
(430 ILCS 65/6) (from Ch. 38, par. 83-6)
Sec. 6. Contents of Firearm Owner's Identification Card.
(a) A Firearm Owner's Identification Card, issued by the
Department of State Police at such places as the Director of
the Department shall specify, shall contain the applicant's
name, residence, date of birth, sex, physical description,
recent photograph, except as provided in subsection (c-5), and
signature. Each Firearm Owner's Identification Card must have
the Firearm Owner's Identification Card number expiration date
boldly and conspicuously displayed on the face of the card.
Each Firearm Owner's Identification Card must have printed on
it the following: "CAUTION - This card does not permit bearer
to UNLAWFULLY carry or use firearms." Before December 1, 2002,
the Department may use a person's digital photograph and
signature from his or her Illinois driver's license or
Illinois Identification Card, if available. On and after
December 1, 2002, the Department shall use a person's digital
photograph and signature from his or her Illinois driver's
license or Illinois Identification Card, if available. The
Department shall decline to use a person's digital photograph
or signature if the digital photograph or signature is the
result of or associated with fraudulent or erroneous data,
unless otherwise provided by law.
(b) A person applying for a Firearm Owner's Identification
Card shall consent to the Department of State Police using the
applicant's digital driver's license or Illinois
Identification Card photograph, if available, and signature on
the applicant's Firearm Owner's Identification Card. The
Secretary of State shall allow the Department of State Police
access to the photograph and signature for the purpose of
identifying the applicant and issuing to the applicant a
Firearm Owner's Identification Card.
(c) The Secretary of State shall conduct a study to
determine the cost and feasibility of creating a method of
adding an identifiable code, background, or other means on the
driver's license or Illinois Identification Card to show that
an individual is not disqualified from owning or possessing a
firearm under State or federal law. The Secretary shall report
the findings of this study 12 months after the effective date
of this amendatory Act of the 92nd General Assembly.
(c-5) If a person qualifies for a photograph exemption, in
lieu of a photograph, the Firearm Owner's Identification Card
shall contain a copy of the card holder's fingerprints. Each
Firearm Owner's Identification Card described in this
subsection (c-5) must have printed on it the following: "This
card is only valid for firearm purchases through a federally
licensed firearms dealer when presented with photographic
identification, as prescribed by 18 U.S.C. 922(t)(1)(C)."
(Source: P.A. 97-1131, eff. 1-1-13.)
(430 ILCS 65/6.2 new)
Sec. 6.2. Electronic Firearm Owner's Identification Cards.
Beginning January 1, 2022, the Illinois State Police may
develop a system under which the holder of a Firearm Owner's
Identification Card may display an electronic version of his
or her Firearm Owner's Identification Card on a mobile
telephone or other portable electronic device. An electronic
version of a Firearm Owner's Identification Card shall contain
security features the Illinois State Police determines to be
necessary to ensure that the electronic version is accurate
and current and shall satisfy other requirements the Illinois
State Police determines to be necessary regarding form and
content. The display or possession of an electronic version of
a valid Firearm Owner's Identification Card in accordance with
the requirements of the Illinois State Police satisfies all
requirements for the display or possession of a valid Firearm
Owner's Identification Card under the laws of this State. The
possession or display of an electronic Firearm Owner's
Identification Card on a mobile telephone or other portable
electronic device does not constitute consent for a law
enforcement officer, court, or other officer of the court to
access other contents of the mobile telephone or other
portable electronic device. The Illinois State Police may
adopt rules to implement this Section.
(430 ILCS 65/7) (from Ch. 38, par. 83-7)
Sec. 7. Validity of Firearm Owner's Identification Card.
(a) Except as provided in Section 8 of this Act or
elsewhere in subsection (b) of this Section, a Firearm Owner's
Identification Card issued under the provisions of this Act
shall be valid for the person to whom it is issued for a period
of 10 years from the date of issuance. Unless the person no
longer meets the requirements or becomes subject to suspension
or revocation under this Act, a card issued under an
application made as provided in subsection (a-25) of Section 4
shall remain valid if the person meets the requirements of
subsection (b-5) of Section 3.1.
(b) If a renewal application is submitted to the
Department before the expiration date of the applicant's
current Firearm Owner's Identification Card, the Firearm
Owner's Identification Card shall remain valid for a period of
60 business days, unless the person is subject to or becomes
subject to revocation under this Act. Unless the person no
longer meets the requirements or becomes subject to suspension
or revocation under this Act, a card issued under a renewal
application made as provided in subsection (a-25) of Section 4
shall remain valid if the person meets the implementation
requirements of Section 3.1.
(c) Beginning January 1, 2022, if the Firearm Owner's
Identification Card of a licensee under the Firearm Concealed
Carry Act expires during the term of the licensee's concealed
carry license, the Firearm Owner's Identification Card and the
license remain valid during the validity of the concealed
carry license and the licensee does not have to renew his or
her Firearm Owner's Identification Card, if the Firearm
Owner's Identification Card has not been otherwise renewed as
provided in this Act. Unless the Illinois State Police has
reason to believe the licensee is no longer eligible for the
card, the Illinois State Police may automatically renew the
licensee's Firearm Owner's Identification Card.
(Source: P.A. 100-906, eff. 1-1-19.)
(430 ILCS 65/7.5 new)
Sec. 7.5. Email and text message notifications. A person
subject to this Act may notify the Illinois State Police upon
application or at any time thereafter that he or she would like
to receive correspondence from the Illinois State Police via
email or text message and may opt out of first-class mail. Such
correspondence may include notification of the status of a
person's application, suspension, revocation, appeal, and
other notifications concerning his or her Firearm Owner's
Identification Card. A person may request email or text
message, or both. Any person selecting email or text message
alerts must have either or both the person's email or cellular
phone number on file with the Illinois State Police.
(430 ILCS 65/8.2)
Sec. 8.2. Firearm Owner's Identification Card denial,
suspension, or revocation. The Illinois Department of State
Police shall deny an application or shall suspend or revoke
and seize a Firearm Owner's Identification Card previously
issued under this Act if the Department finds that the
applicant or person to whom such card was issued is or was at
the time of issuance subject to a protective order issued
under the laws of this or any other jurisdiction an existing
order of protection or firearms restraining order. When the
duration of the protective order is expected to be less than
one year, the Illinois State Police may suspend the Firearm
Owner's Identification Card under Section 8.3 of the Act and
shall reinstate it upon conclusion of the suspension if no
other grounds for denial or revocation are found under Section
8 of the Act.
(Source: P.A. 100-607, eff. 1-1-19.)
(430 ILCS 65/8.3)
Sec. 8.3. Suspension of Firearm Owner's Identification
Card. The Department of State Police may suspend , by rule in a
manner consistent with the Department's rules concerning
revocation, provide for the suspension of the Firearm Owner's
Identification Card of a person whose Firearm Owner's
Identification Card is subject to revocation and seizure under
this Act for the duration of the disqualification if the
disqualification is not a permanent grounds for revocation of
a Firearm Owner's Identification Card under this Act. The
Illinois State Police may adopt rules necessary to implement
this Section.
(Source: P.A. 100-607, eff. 1-1-19; 100-906, eff. 1-1-19.)
(430 ILCS 65/8.4 new)
Sec. 8.4. Cancellation of Firearm Owner's Identification
Card. The Illinois State Police may cancel a Firearm Owner's
Identification Card if a person is not prohibited by State or
federal law from acquiring or possessing a firearm or firearm
ammunition and the sole purpose is for an administrative
reason. This includes, at the request of the Firearm Owner's
Identification Card holder, a person who surrenders his or her
Illinois driver's license or Illinois identification card to
another jurisdiction, or a person's Firearm Owner's
Identification Card is reported as lost, stolen, or destroyed.
The Illinois State Police may adopt rules necessary to
implement this Section.
(430 ILCS 65/8.5 new)
Sec. 8.5. Illinois State Police to monitor databases for
firearms prohibitors. The Illinois State Police shall
continuously monitor relevant State and federal databases, as
allowed by State and federal law, for firearms prohibitors and
correlate those records with Firearm Owner's Identification
Card holders to ensure compliance with this Act and any other
State and federal laws. As used in this Section, "firearms
prohibitor" means any factor listed in Section 8 or Section
8.2 of this Act or Section 24-3 or 24-3.1 of the Criminal Code
of 2012 that prohibits a person from transferring or
possessing a firearm, firearm ammunition, Firearm Owner's
Identification Card, or concealed carry license.
(430 ILCS 65/9.5)
Sec. 9.5. Revocation of Firearm Owner's Identification
Card.
(a) A person who receives a revocation notice under
Section 9 of this Act shall, within 48 hours of receiving
notice of the revocation:
(1) surrender his or her Firearm Owner's
Identification Card to the local law enforcement agency
where the person resides or . The local law enforcement
agency shall provide the person a receipt and transmit the
Firearm Owner's Identification Card to the Department of
State Police; and
(2) complete a Firearm Disposition Record on a form
prescribed by the Department of State Police and place his
or her firearms in the location or with the person
reported in the Firearm Disposition Record. The form shall
require the person to disclose:
(A) the make, model, and serial number of each
firearm owned by or under the custody and control of
the revoked person;
(B) the location where each firearm will be
maintained during the prohibited term; and
(C) if any firearm will be transferred to the
custody of another person, the name, address and
Firearm Owner's Identification Card number of the
transferee; and .
(D) to whom his or her Firearm Owner's
Identification Card was surrendered.
Once completed, the person shall retain a copy and
provide a copy of the Firearm Disposition Record to the
Illinois State Police.
(b) Upon confirming through the portal created under
Section 2605-304 of the Department of State Police Law of the
Civil Administrative Code of Illinois that the Firearm Owner's
Identification Card has been revoked by the Illinois State
Police, surrendered cards shall be destroyed by the law
enforcement agency receiving the cards. If a card has not been
revoked, the card shall be returned to the cardholder. The
local law enforcement agency shall provide a copy of the
Firearm Disposition Record to the person whose Firearm Owner's
Identification Card has been revoked and to the Department of
State Police.
(b-5) If a court orders the surrender of a Firearms
Owner's Identification Card and accepts receipt of the Card,
the court shall destroy the Card and direct the person whose
Firearm Owner's Identification Card has been surrendered to
comply with paragraph (2) of subsection (a).
(b-10) If the person whose Firearm Owner's Identification
Card has been revoked has either lost or destroyed the Card,
the person must still comply with paragraph (2) of subsection
(a).
(b-15) A notation shall be made in the portal created
under Section 2605-304 of the Department of State Police Law
of the Civil Administrative Code of Illinois that the revoked
Firearm Owner's Identification Card has been destroyed.
(c) If the person whose Firearm Owner's Identification
Card has been revoked fails to comply with the requirements of
this Section, the sheriff or law enforcement agency where the
person resides may petition the circuit court to issue a
warrant to search for and seize the Firearm Owner's
Identification Card and firearms in the possession or under
the custody or control of the person whose Firearm Owner's
Identification Card has been revoked.
(d) A violation of subsection (a) of this Section is a
Class A misdemeanor.
(e) The observation of a Firearm Owner's Identification
Card in the possession of a person whose Firearm Owner's
Identification Card has been revoked constitutes a sufficient
basis for the arrest of that person for violation of this
Section.
(f) Within 30 days after the effective date of this
amendatory Act of the 98th General Assembly, the Department of
State Police shall provide written notice of the requirements
of this Section to persons whose Firearm Owner's
Identification Cards have been revoked, suspended, or expired
and who have failed to surrender their cards to the
Department.
(g) A person whose Firearm Owner's Identification Card has
been revoked and who received notice under subsection (f)
shall comply with the requirements of this Section within 48
hours of receiving notice.
(Source: P.A. 98-63, eff. 7-9-13.)
(430 ILCS 65/10) (from Ch. 38, par. 83-10)
Sec. 10. Appeals Appeal to director; hearing; relief from
firearm prohibitions.
(a) Whenever an application for a Firearm Owner's
Identification Card is denied, whenever the Department fails
to act on an application within 30 days of its receipt, or
whenever such a Card is revoked or seized as provided for in
Section 8 of this Act, the aggrieved party may (1) file a
record challenge with the Director regarding the record upon
which the decision to deny or revoke the Firearm Owner's
Identification Card was based under subsection (a-5); or (2)
appeal to the Director of the Illinois State Police through
December 31, 2022, or beginning January 1, 2023, the Firearm
Owner's Identification Card Review Board for a hearing seeking
relief from upon such denial or , revocation or seizure,
unless the denial or , revocation, or seizure was based upon a
forcible felony, stalking, aggravated stalking, domestic
battery, any violation of the Illinois Controlled Substances
Act, the Methamphetamine Control and Community Protection Act,
or the Cannabis Control Act that is classified as a Class 2 or
greater felony, any felony violation of Article 24 of the
Criminal Code of 1961 or the Criminal Code of 2012, or any
adjudication as a delinquent minor for the commission of an
offense that if committed by an adult would be a felony, in
which case the aggrieved party may petition the circuit court
in writing in the county of his or her residence for a hearing
seeking relief from upon such denial or , revocation, or
seizure.
(a-5) There is created a Firearm Owner's Identification
Card Review Board to consider any appeal under subsection (a)
beginning January 1, 2023, other than an appeal directed to
the circuit court and except when the applicant is challenging
the record upon which the decision to deny or revoke was based
as provided in subsection (a-10).
(0.05) In furtherance of the policy of this Act that
the Board shall exercise its powers and duties in an
independent manner, subject to the provisions of this Act
but free from the direction, control, or influence of any
other agency or department of State government. All
expenses and liabilities incurred by the Board in the
performance of its responsibilities hereunder shall be
paid from funds which shall be appropriated to the Board
by the General Assembly for the ordinary and contingent
expenses of the Board.
(1) The Board shall consist of 7 members appointed by
the Governor, with the advice and consent of the Senate,
with 3 members residing within the First Judicial District
and one member residing within each of the 4 remaining
Judicial Districts. No more than 4 members shall be
members of the same political party. The Governor shall
designate one member as the chairperson. The Board shall
consist of:
(A) one member with at least 5 years of service as
a federal or State judge;
(B) one member with at least 5 years of experience
serving as an attorney with the United States
Department of Justice, or as a State's Attorney or
Assistant State's Attorney;
(C) one member with at least 5 years of experience
serving as a State or federal public defender or
assistant public defender;
(D) three members with at least 5 years of
experience as a federal, State, or local law
enforcement agent or as an employee with investigative
experience or duties related to criminal justice under
the United States Department of Justice, Drug
Enforcement Administration, Department of Homeland
Security, Federal Bureau of Investigation, or a State
or local law enforcement agency; and
(E) 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.
(2) The terms of the members initially appointed after
the effective date of this amendatory Act of the 102nd
General Assembly shall be as follows: one of the initial
members shall be appointed for a term of one year, 3 shall
be appointed for terms of 2 years, and 3 shall be appointed
for terms of 4 years. Thereafter, members shall hold
office for 4 years, with terms expiring on the second
Monday in January immediately following the expiration of
their terms and every 4 years thereafter. Members may be
reappointed. Vacancies in the office of member shall be
filled in the same manner as the original appointment, for
the remainder of the unexpired term. The Governor may
remove a member for incompetence, neglect of duty,
malfeasance, or inability to serve. Members shall receive
compensation in an amount equal to the compensation of
members of the Executive Ethics Commission and may be
reimbursed, from funds appropriated for such a purpose,
for reasonable expenses actually incurred in the
performance of their Board duties. The Illinois State
Police shall designate an employee to serve as Executive
Director of the Board and provide logistical and
administrative assistance to the Board.
(3) The Board shall meet at least quarterly each year
and at the call of the chairperson as often as necessary to
consider appeals of decisions made with respect to
applications for a Firearm Owner's Identification Card
under this Act. If necessary to ensure the participation
of a member, the Board shall allow a member to participate
in a Board meeting by electronic communication. Any member
participating electronically shall be deemed present for
purposes of establishing a quorum and voting.
(4) The Board shall adopt rules for the review of
appeals and the conduct of hearings. 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.
(5) In considering an appeal, the Board shall review
the materials received concerning the denial or revocation
by the Illinois State Police. By a vote of at least 4
members, the Board may request additional information from
the Illinois State Police or the applicant or the
testimony of the Illinois State Police or the applicant.
The Board may require that the applicant submit electronic
fingerprints to the Illinois State Police for an updated
background check if the Board determines it lacks
sufficient information to determine eligibility. The Board
may consider information submitted by the Illinois State
Police, a law enforcement agency, or the applicant. The
Board shall review each denial or revocation and determine
by a majority of members whether an applicant should be
granted relief under subsection (c).
(6) The Board shall by order issue summary decisions.
The Board shall issue a decision within 45 days of
receiving all completed appeal documents from the Illinois
State Police and the applicant. However, the Board need
not issue a decision within 45 days if:
(A) the Board requests information from the
applicant, including, but not limited to, electronic
fingerprints to be submitted to the Illinois State
Police, in accordance with paragraph (5) of this
subsection, in which case the Board shall make a
decision within 30 days of receipt of the required
information from the applicant;
(B) the applicant agrees, in writing, to allow the
Board additional time to consider an appeal; or
(C) the Board notifies the applicant and the
Illinois State Police that the Board needs an
additional 30 days to issue a decision. The Board may
only issue 2 extensions under this subparagraph (C).
The Board's notification to the applicant and the
Illinois State Police shall include an explanation for
the extension.
(7) If the Board determines that the applicant is
eligible for relief under subsection (c), the Board shall
notify the applicant and the Illinois State Police that
relief has been granted and the Illinois State Police
shall issue the Card.
(8) 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.
(9) The Board shall report monthly to the Governor and
the General Assembly on the number of appeals received and
provide details of the circumstances in which the Board
has determined to deny Firearm Owner's Identification
Cards under this subsection (a-5). The report shall not
contain any identifying information about the applicants.
(a-10) Whenever an applicant or cardholder is not seeking
relief from a firearms prohibition under subsection (c) but
rather does not believe the applicant is appropriately denied
or revoked and is challenging the record upon which the
decision to deny or revoke the Firearm Owner's Identification
Card was based, or whenever the Illinois State Police fails to
act on an application within 30 days of its receipt, the
applicant shall file such challenge with the Director. The
Director shall render a decision within 60 business days of
receipt of all information supporting the challenge. The
Illinois State Police shall adopt rules for the review of a
record challenge.
(b) At least 30 days before any hearing in the circuit
court, the petitioner shall serve the relevant State's
Attorney with a copy of the petition. The State's Attorney may
object to the petition and present evidence. At the hearing,
the court shall determine whether substantial justice has been
done. Should the court determine that substantial justice has
not been done, the court shall issue an order directing the
Illinois Department of State Police to issue a Card. However,
the court shall not issue the order if the petitioner is
otherwise prohibited from obtaining, possessing, or using a
firearm under federal law.
(c) Any person prohibited from possessing a firearm under
Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
acquiring a Firearm Owner's Identification Card under Section
8 of this Act may apply to the Firearm Owner's Identification
Card Review Board Director of State Police or petition the
circuit court in the county where the petitioner resides,
whichever is applicable in accordance with subsection (a) of
this Section, requesting relief from such prohibition and the
Board Director or court may grant such relief if it is
established by the applicant to the court's or the Board's
Director's satisfaction that:
(0.05) when in the circuit court, the State's Attorney
has been served with a written copy of the petition at
least 30 days before any such hearing in the circuit court
and at the hearing the State's Attorney was afforded an
opportunity to present evidence and object to the
petition;
(1) the applicant has not been convicted of a forcible
felony under the laws of this State or any other
jurisdiction within 20 years of the applicant's
application for a Firearm Owner's Identification Card, or
at least 20 years have passed since the end of any period
of imprisonment imposed in relation to that conviction;
(2) the circumstances regarding a criminal conviction,
where applicable, the applicant's criminal history and his
reputation are such that the applicant will not be likely
to act in a manner dangerous to public safety;
(3) granting relief would not be contrary to the
public interest; and
(4) granting relief would not be contrary to federal
law.
(c-5) (1) An active law enforcement officer employed by a
unit of government, who is denied, revoked, or has his or her
Firearm Owner's Identification Card seized under subsection
(e) of Section 8 of this Act may apply to the Firearm Owner's
Identification Card Review Board Director of State Police
requesting relief if the officer did not act in a manner
threatening to the officer, another person, or the public as
determined by the treating clinical psychologist or physician,
and as a result of his or her work is referred by the employer
for or voluntarily seeks mental health evaluation or treatment
by a licensed clinical psychologist, psychiatrist, or
qualified examiner, and:
(A) the officer has not received treatment
involuntarily at a mental health facility, regardless of
the length of admission; or has not been voluntarily
admitted to a mental health facility for more than 30 days
and not for more than one incident within the past 5 years;
and
(B) the officer has not left the mental institution
against medical advice.
(2) The Firearm Owner's Identification Card Review Board
Director of State Police shall grant expedited relief to
active law enforcement officers described in paragraph (1) of
this subsection (c-5) upon a determination by the Board
Director that the officer's possession of a firearm does not
present a threat to themselves, others, or public safety. The
Board Director shall act on the request for relief within 30
business days of receipt of:
(A) a notarized statement from the officer in the form
prescribed by the Board Director detailing the
circumstances that led to the hospitalization;
(B) all documentation regarding the admission,
evaluation, treatment and discharge from the treating
licensed clinical psychologist or psychiatrist of the
officer;
(C) a psychological fitness for duty evaluation of the
person completed after the time of discharge; and
(D) written confirmation in the form prescribed by the
Board Director from the treating licensed clinical
psychologist or psychiatrist that the provisions set forth
in paragraph (1) of this subsection (c-5) have been met,
the person successfully completed treatment, and their
professional opinion regarding the person's ability to
possess firearms.
(3) Officers eligible for the expedited relief in
paragraph (2) of this subsection (c-5) have the burden of
proof on eligibility and must provide all information
required. The Board Director may not consider granting
expedited relief until the proof and information is received.
(4) "Clinical psychologist", "psychiatrist", and
"qualified examiner" shall have the same meaning as provided
in Chapter I of the Mental Health and Developmental
Disabilities Code.
(c-10) (1) An applicant, who is denied, revoked, or has
his or her Firearm Owner's Identification Card seized under
subsection (e) of Section 8 of this Act based upon a
determination of a developmental disability or an intellectual
disability may apply to the Firearm Owner's Identification
Card Review Board Director of State Police requesting relief.
(2) The Board Director shall act on the request for relief
within 60 business days of receipt of written certification,
in the form prescribed by the Board Director, from a physician
or clinical psychologist, or qualified examiner, that the
aggrieved party's developmental disability or intellectual
disability condition is determined by a physician, clinical
psychologist, or qualified to be mild. If a fact-finding
conference is scheduled to obtain additional information
concerning the circumstances of the denial or revocation, the
60 business days the Director has to act shall be tolled until
the completion of the fact-finding conference.
(3) The Board Director may grant relief if the aggrieved
party's developmental disability or intellectual disability is
mild as determined by a physician, clinical psychologist, or
qualified examiner and it is established by the applicant to
the Board's Director's satisfaction that:
(A) granting relief would not be contrary to the
public interest; and
(B) granting relief would not be contrary to federal
law.
(4) The Board Director may not grant relief if the
condition is determined by a physician, clinical psychologist,
or qualified examiner to be moderate, severe, or profound.
(5) The changes made to this Section by Public Act 99-29
this amendatory Act of the 99th General Assembly apply to
requests for relief pending on or before July 10, 2015 (the
effective date of Public Act 99-29) this amendatory Act,
except that the 60-day period for the Director to act on
requests pending before the effective date shall begin on July
10, 2015 (the effective date of Public Act 99-29) this
amendatory Act. All appeals as provided in subsection (a-5),
pending on January 1, 2023, shall be considered by the Board.
(d) When a minor is adjudicated delinquent for an offense
which if committed by an adult would be a felony, the court
shall notify the Illinois Department of State Police.
(e) The court shall review the denial of an application or
the revocation of a Firearm Owner's Identification Card of a
person who has been adjudicated delinquent for an offense that
if committed by an adult would be a felony if an application
for relief has been filed at least 10 years after the
adjudication of delinquency and the court determines that the
applicant should be granted relief from disability to obtain a
Firearm Owner's Identification Card. If the court grants
relief, the court shall notify the Illinois Department of
State Police that the disability has been removed and that the
applicant is eligible to obtain a Firearm Owner's
Identification Card.
(f) Any person who is subject to the disabilities of 18
U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
of 1968 because of an adjudication or commitment that occurred
under the laws of this State or who was determined to be
subject to the provisions of subsections (e), (f), or (g) of
Section 8 of this Act may apply to the Illinois Department of
State Police requesting relief from that prohibition. The
Board Director shall grant the relief if it is established by a
preponderance of the evidence that the person will not be
likely to act in a manner dangerous to public safety and that
granting relief would not be contrary to the public interest.
In making this determination, the Board Director shall receive
evidence concerning (i) the circumstances regarding the
firearms disabilities from which relief is sought; (ii) the
petitioner's mental health and criminal history records, if
any; (iii) the petitioner's reputation, developed at a minimum
through character witness statements, testimony, or other
character evidence; and (iv) changes in the petitioner's
condition or circumstances since the disqualifying events
relevant to the relief sought. If relief is granted under this
subsection or by order of a court under this Section, the
Director shall as soon as practicable but in no case later than
15 business days, update, correct, modify, or remove the
person's record in any database that the Illinois Department
of State Police makes available to the National Instant
Criminal Background Check System and notify the United States
Attorney General that the basis for the record being made
available no longer applies. The Illinois Department of State
Police shall adopt rules for the administration of this
Section.
(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78,
eff. 7-20-15.)
(430 ILCS 65/11) (from Ch. 38, par. 83-11)
Sec. 11. Judicial review of final administrative
decisions.
(a) All final administrative decisions of the Firearm
Owner's Identification Card Review Board Department under this
Act, except final administrative decisions of the Firearm
Owner's Identification Card Review Board Director of State
Police to deny a person's application for relief under
subsection (f) of Section 10 of this Act, shall be subject to
judicial review under the provisions of the Administrative
Review Law, and all amendments and modifications thereof, and
the rules adopted pursuant thereto. The term "administrative
decision" is defined as in Section 3-101 of the Code of Civil
Procedure.
(b) Any final administrative decision by the Firearm
Owner's Identification Card Review Board Director of State
Police to deny a person's application for relief under
subsection (f) of Section 10 of this Act is subject to de novo
judicial review by the circuit court, and any party may offer
evidence that is otherwise proper and admissible without
regard to whether that evidence is part of the administrative
record.
(c) The Firearm Owner's Identification Card Review Board
Director of State Police shall submit a report to the General
Assembly on March 1 of each year, beginning March 1, 1991,
listing all final decisions by a court of this State
upholding, reversing, or reversing in part any administrative
decision made by the Department of State Police.
(Source: P.A. 97-1131, eff. 1-1-13.)
(430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)
Sec. 13.2. Renewal; name, photograph, or address change;
replacement card. The Department of State Police shall, 180 60
days prior to the expiration of a Firearm Owner's
Identification Card, forward by first class mail or by other
means provided in Section 7.5 to each person whose card is to
expire a notification of the expiration of the card and
instructions for renewal. It is the obligation of the holder
of a Firearm Owner's Identification Card to notify the
Department of State Police of any address change since the
issuance of the Firearm Owner's Identification Card. The
Illinois State Police may update the applicant and card
holders address based upon records in the Secretary of State
Driver's License or Illinois identification card records of
applicants who do not have driver's licenses. Whenever any
person moves from the residence address named on his or her
card, the person shall within 21 calendar days thereafter
notify in a form and manner prescribed by the Department of his
or her old and new residence addresses and the card number held
by him or her. Any person whose legal name has changed from the
name on the card that he or she has been previously issued must
apply for a corrected card within 30 calendar days after the
change. The cost for an updated or a corrected card shall be
$5. The cost for replacement of a card which has been lost,
destroyed, or stolen shall be $5 if the loss, destruction, or
theft of the card is reported to the Department of State
Police. The fees collected under this Section shall be
deposited into the State Police Firearm Services Fund.
(Source: P.A. 100-906, eff. 1-1-19.)
(430 ILCS 65/13.4 new)
Sec. 13.4. Illinois State Police; rule making authority.
The Illinois State Police shall by rule adopt the following
procedures:
(1) When a person who possesses a valid Firearm Owner's
Identification Card applies for and is approved for a
concealed carry license, the valid Firearm Owner's
Identification Card is renewed for 10 years from the time of
approval instead of 10 years from the date of the original
card.
(2) If a person is eligible for both a Firearm Owner's
Identification Card and a concealed carry license, the
Illinois State Police shall by rule create one card that may be
used as both a Firearm Owner's Identification Card and a
concealed carry license. A combined Firearm Owner's
Identification Card and concealed carry license shall be
considered a valid card for the purposes of this Act. If a
person who possesses a combined Firearm Owner's Identification
Card and a concealed carry license becomes subject to
suspension or revocation under the Firearm Concealed Carry
Act, but is otherwise eligible for a valid Firearm Owner's
Identification Card, the Illinois State Police shall ensure
the person's Firearm Owner's Identification Card status is not
interrupted. The Illinois State Police shall adopt rules to
implement this Section.
Section 25. The Firearm Concealed Carry Act is amended by
changing Sections 10, 20, 30, 50, 55, and 70 and by adding
Sections 10.5, 10.6, and 66 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
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.
The Illinois State Police shall notify the applicant for a
concealed carry license, electronically, to confirm if all the
required information and materials have been received. If an
applicant for a concealed carry license submits his or her
application electronically, the Illinois State Police shall
notify the applicant electronically if his or her application
is missing information or materials.
(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
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 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
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
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.
(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.
(k) The Illinois State Police shall continuously monitor
relevant State and federal databases for firearms prohibitors
and correlate those records with concealed carry license
holders to ensure compliance with this Act, or State and
federal law. The Illinois State Police may adopt rules to
implement this subsection.
(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29,
eff. 7-10-15.)
(430 ILCS 66/10.5 new)
Sec. 10.5. Electronic concealed carry licenses. The
Illinois State Police may develop a system under which the
holder of a concealed carry license may display an electronic
version of his or her license on a mobile telephone or other
portable electronic device. An electronic version of a
concealed carry license shall contain security features the
Illinois State Police determines to be necessary to ensure
that the electronic version is accurate and current and shall
satisfy other requirements the Illinois State Police
determines to be necessary regarding form and content. The
display or possession of an electronic version of a valid
concealed carry license in accordance with the requirements of
the Illinois State Police satisfies all requirements for the
display or possession of a valid concealed carry license under
the laws of this State. The possession or display of an
electronic concealed carry license on a mobile telephone or
other portable electronic device does not constitute consent
for a law enforcement officer, court, or other officer of the
court to access other contents of the mobile telephone or
other portable electronic device. The Illinois State Police
may adopt rules to implement this Section.
(430 ILCS 66/10.6 new)
Sec. 10.6. Email and text messages notifications. A person
subject to this Act may notify the Department upon application
or at any time thereafter that he or she would like to receive
correspondence from the Illinois State Police via email or
text message and may opt out of first-class mail. Such
correspondence may include notification of the status of a
person's application, suspension, revocation, appeal, and
other notifications concerning his or her concealed carry
license. A person may request email or text message, or both.
Any person selecting email or text message alerts must have
either or both the person's email or cellular phone number on
file with the Illinois State Police.
(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 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. Notwithstanding any provision in this
Section to the contrary, the term of office of each
commissioner of the Concealed Carry Licensing Review Board is
abolished on the effective date of this amendatory Act of the
102nd General Assembly. The terms of the commissioners
appointed on or after the effective date of this amendatory
Act of the 102nd General Assembly shall be as follows: one of
the initial members shall be appointed for a term of one year,
3 shall be appointed for terms of 2 years, and 3 shall be
appointed for terms of 4 years. 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.
(d) The Board shall adopt rules for the review of
objections and the conduct of hearings. 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.
(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,
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.
(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
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 66/30)
Sec. 30. Contents of license application.
(a) The license application shall be in writing, under
penalty of perjury, on a standard form adopted by the
Department and shall be accompanied by the documentation
required in this Section and the applicable fee. Each
application form shall include the following statement printed
in bold type: "Warning: Entering false information on this
form is punishable as perjury under Section 32-2 of the
Criminal Code of 2012."
(b) The application shall contain the following:
(1) the applicant's name, current address, date and
year of birth, place of birth, height, weight, hair color,
eye color, maiden name or any other name the applicant has
used or identified with, and any address where the
applicant resided for more than 30 days within the 10
years preceding the date of the license application;
(2) the applicant's valid driver's license number or
valid state identification card number;
(3) a waiver of the applicant's privacy and
confidentiality rights and privileges under all federal
and state laws, including those limiting access to
juvenile court, criminal justice, psychological, or
psychiatric records or records relating to any
institutionalization of the applicant, and an affirmative
request that a person having custody of any of these
records provide it or information concerning it to the
Department. The waiver only applies to records sought in
connection with determining whether the applicant
qualifies for a license to carry a concealed firearm under
this Act, or whether the applicant remains in compliance
with the Firearm Owners Identification Card Act;
(4) an affirmation that the applicant possesses a
currently valid Firearm Owner's Identification Card and
card number if possessed or notice the applicant is
applying for a Firearm Owner's Identification Card in
conjunction with the license application;
(5) an affirmation that the applicant has not been
convicted or found guilty of:
(A) a felony;
(B) a misdemeanor involving the use or threat of
physical force or violence to any person within the 5
years preceding the date of the application; or
(C) 2 or more violations related to driving while
under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination
thereof, within the 5 years preceding the date of the
license application; and
(6) whether the applicant has failed a drug test for a
drug for which the applicant did not have a prescription,
within the previous year, and if so, the provider of the
test, the specific substance involved, and the date of the
test;
(7) written consent for the Department to review and
use the applicant's Illinois digital driver's license or
Illinois identification card photograph and signature;
(8) unless submitted under subsection (a-25) of
Section 4 of the Firearm Owners Identification Card Act, a
full set of fingerprints submitted to the Department in
electronic format, provided the Department may accept an
application submitted without a set of fingerprints in
which case the Department shall be granted 30 days in
addition to the 90 days provided under subsection (e) of
Section 10 of this Act to issue or deny a license;
(9) a head and shoulder color photograph in a size
specified by the Department taken within the 30 days
preceding the date of the license application; and
(10) a photocopy of any certificates or other evidence
of compliance with the training requirements under this
Act.
(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
(430 ILCS 66/50)
Sec. 50. License renewal.
(a) This subsection (a) applies through the 180th day
following the effective date of this amendatory Act of the
101st General Assembly. The Illinois State Police shall, 180
days prior to the expiration of a concealed carry license
notify each person whose license is to expire a notification
of the expiration of the license and instructions for renewal.
Applications for renewal of a license shall be made to the
Department. A license shall be renewed for a period of 5 years
upon receipt of a completed renewal application, completion of
3 hours of training required under Section 75 of this Act,
payment of the applicable renewal fee, and completion of an
investigation under Section 35 of this Act. The renewal
application shall contain the information required in Section
30 of this Act, except that the applicant need not resubmit a
full set of fingerprints.
(b) This subsection (b) applies on and after the 181st day
following the effective date of this amendatory Act of the
101st General Assembly. Applications for renewal of a license
shall be made to the Department. A license shall be renewed for
a period of 5 years from the date of expiration on the
applicant's current license upon the receipt of a completed
renewal application, completion of 3 hours of training
required under Section 75 of this Act, payment of the
applicable renewal fee, and completion of an investigation
under Section 35 of this Act. The renewal application shall
contain the information required in Section 30 of this Act,
except that the applicant need not resubmit a full set of
fingerprints.
(Source: P.A. 101-80, eff. 7-12-19.)
(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 written or electronic acknowledgment 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
that the license was stolen; and
(3) the requisite fee.
(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 66/66 new)
Sec. 66. Illinois State Police to monitor databases for
firearms prohibitors. The Illinois State Police shall
continuously monitor relevant State and federal databases for
firearms prohibitors and correlate those records with
concealed carry license holders to ensure compliance with this
Act and any other State and federal laws. As used in this
Section, "firearms prohibitor" means any factor listed in
Section 8 or Section 8.2 of the Firearm Owners Identification
Card Act or Section 24-3 or 24-3.1 of the Criminal Code of 2012
that prohibits a person from transferring or possessing a
firearm, firearm ammunition, Firearm Owner's Identification
Card, or concealed carry license.
(430 ILCS 66/70)
Sec. 70. Violations.
(a) A license issued or renewed under this Act shall be
revoked if, at any time, the licensee is found to be ineligible
for a license under this Act or the licensee no longer meets
the eligibility requirements of the Firearm Owners
Identification Card Act.
(b) A license shall be suspended if an order of
protection, including an emergency order of protection,
plenary order of protection, or interim order of protection
under Article 112A of the Code of Criminal Procedure of 1963 or
under the Illinois Domestic Violence Act of 1986, or if a
firearms restraining order, including an emergency firearms
restraining order, under the Firearms Restraining Order Act,
is issued against a licensee for the duration of the order, or
if the Department is made aware of a similar order issued
against the licensee in any other jurisdiction. If an order of
protection is issued against a licensee, the licensee shall
surrender the license, as applicable, to the court at the time
the order is entered or to the law enforcement agency or entity
serving process at the time the licensee is served the order.
The court, law enforcement agency, or entity responsible for
serving the order of protection shall notify the Department
within 7 days and transmit the license to the Department.
(c) A license is invalid upon expiration of the license,
unless the licensee has submitted an application to renew the
license, and the applicant is otherwise eligible to possess a
license under this Act.
(d) A licensee shall not carry a concealed firearm while
under the influence of alcohol, other drug or drugs,
intoxicating compound or combination of compounds, or any
combination thereof, under the standards set forth in
subsection (a) of Section 11-501 of the Illinois Vehicle Code.
A licensee in violation of this subsection (d) shall be
guilty of a Class A misdemeanor for a first or second violation
and a Class 4 felony for a third violation. The Department may
suspend a license for up to 6 months for a second violation and
shall permanently revoke a license for a third violation.
(e) Except as otherwise provided, a licensee in violation
of this Act shall be guilty of a Class B misdemeanor. A second
or subsequent violation is a Class A misdemeanor. The
Department may suspend a license for up to 6 months for a
second violation and shall permanently revoke a license for 3
or more violations of Section 65 of this Act. Any person
convicted of a violation under this Section shall pay a $150
fee to be deposited into the Mental Health Reporting Fund,
plus any applicable court costs or fees.
(f) A licensee convicted or found guilty of a violation of
this Act who has a valid license and is otherwise eligible to
carry a concealed firearm shall only be subject to the
penalties under this Section and shall not be subject to the
penalties under Section 21-6, paragraph (4), (8), or (10) of
subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
of paragraph (3) of subsection (a) of Section 24-1.6 of the
Criminal Code of 2012. Except as otherwise provided in this
subsection, nothing in this subsection prohibits the licensee
from being subjected to penalties for violations other than
those specified in this Act.
(g) A licensee whose license is revoked, suspended, or
denied shall, within 48 hours of receiving notice of the
revocation, suspension, or denial, surrender his or her
concealed carry license to the local law enforcement agency
where the person resides. The local law enforcement agency
shall provide the licensee a receipt and transmit the
concealed carry license to the Department of State Police. If
the licensee whose concealed carry license has been revoked,
suspended, or denied fails to comply with the requirements of
this subsection, the law enforcement agency where the person
resides may petition the circuit court to issue a warrant to
search for and seize the concealed carry license in the
possession and under the custody or control of the licensee
whose concealed carry license has been revoked, suspended, or
denied. The observation of a concealed carry license in the
possession of a person whose license has been revoked,
suspended, or denied constitutes a sufficient basis for the
arrest of that person for violation of this subsection. A
violation of this subsection is a Class A misdemeanor.
(h) Except as otherwise provided in subsection (h-5), a A
license issued or renewed under this Act shall be revoked if,
at any time, the licensee is found ineligible for a Firearm
Owner's Identification Card, or the licensee no longer
possesses a valid Firearm Owner's Identification Card. If the
Firearm Owner's Identification Card is expired or suspended
rather than denied or revoked, the license may be suspended
for a period of up to one year to allow the licensee to
reinstate his or her Firearm Owner's Identification Card. The
Illinois State Police shall adopt rules to enforce this
subsection. A licensee whose license is revoked under this
subsection (h) shall surrender his or her concealed carry
license as provided for in subsection (g) of this Section.
This subsection shall not apply to a person who has filed
an application with the State Police for renewal of a Firearm
Owner's Identification Card and who is not otherwise
ineligible to obtain a Firearm Owner's Identification Card.
(h-5) If the Firearm Owner's Identification Card of a
licensee under this Act expires during the term of the license
issued under this Act, the license and the Firearm Owner's
Identification Card remain valid, and the Illinois State
Police may automatically renew the licensee's Firearm Owner's
Identification Card as provided in subsection (c) of Section 5
of the Firearm Owners Identification Card Act.
(i) A certified firearms instructor who knowingly provides
or offers to provide a false certification that an applicant
has completed firearms training as required under this Act is
guilty of a Class A misdemeanor. A person guilty of a violation
of this subsection (i) is not eligible for court supervision.
The Department shall permanently revoke the firearms
instructor certification of a person convicted under this
subsection (i).
(Source: P.A. 100-607, eff. 1-1-19.)
Section 26. The Firearms Restraining Order Act is amended
by changing Sections 35 and 40 as follows:
(430 ILCS 67/35)
Sec. 35. Ex parte orders and emergency hearings.
(a) A petitioner may request an emergency firearms
restraining order by filing an affidavit or verified pleading
alleging that the respondent poses an immediate and present
danger of causing personal injury to himself, herself, or
another by having in his or her custody or control,
purchasing, possessing, or receiving a firearm. The petition
shall also describe the type and location of any firearm or
firearms presently believed by the petitioner to be possessed
or controlled by the respondent.
(b) If the respondent is alleged to pose an immediate and
present danger of causing personal injury to an intimate
partner, or an intimate partner is alleged to have been the
target of a threat or act of violence by the respondent, the
petitioner shall make a good faith effort to provide notice to
any and all intimate partners of the respondent. The notice
must include that the petitioner intends to petition the court
for an emergency firearms restraining order, and, if the
petitioner is a law enforcement officer, referral to relevant
domestic violence or stalking advocacy or counseling
resources, if appropriate. The petitioner shall attest to
having provided the notice in the filed affidavit or verified
pleading. If, after making a good faith effort, the petitioner
is unable to provide notice to any or all intimate partners,
the affidavit or verified pleading should describe what
efforts were made.
(c) Every person who files a petition for an emergency
firearms restraining order, knowing the information provided
to the court at any hearing or in the affidavit or verified
pleading to be false, is guilty of perjury under Section 32-2
of the Criminal Code of 2012.
(d) An emergency firearms restraining order shall be
issued on an ex parte basis, that is, without notice to the
respondent.
(e) An emergency hearing held on an ex parte basis shall be
held the same day that the petition is filed or the next day
that the court is in session.
(f) If a circuit or associate judge finds probable cause
to believe that the respondent poses an immediate and present
danger of causing personal injury to himself, herself, or
another by having in his or her custody or control,
purchasing, possessing, or receiving a firearm, the circuit or
associate judge shall issue an emergency order.
(f-5) If the court issues an emergency firearms
restraining order, it shall, upon a finding of probable cause
that the respondent possesses firearms, issue a search warrant
directing a law enforcement agency to seize the respondent's
firearms. The court may, as part of that warrant, direct the
law enforcement agency to search the respondent's residence
and other places where the court finds there is probable cause
to believe he or she is likely to possess the firearms.
(g) An emergency firearms restraining order shall require:
(1) the respondent to refrain from having in his or
her custody or control, purchasing, possessing, or
receiving additional firearms for the duration of the
order under Section 8.2 of the Firearm Owners
Identification Card Act; and
(2) the respondent to comply with Section 9.5 of the
Firearm Owners Identification Card Act turn over to the
local law enforcement agency any Firearm Owner's
Identification Card and subsection (g) of Section 70 of
the Firearm Concealed Carry Act concealed carry license in
his or her possession. The local law enforcement agency
shall immediately mail the card and concealed carry
license to the Department of State Police Firearm Services
Bureau for safekeeping. The firearm or firearms and
Firearm Owner's Identification Card and concealed carry
license, if unexpired, shall be returned to the respondent
after the firearms restraining order is terminated or
expired.
(h) Except as otherwise provided in subsection (h-5) of
this Section, upon expiration of the period of safekeeping, if
the firearms or Firearm Owner's Identification Card and
concealed carry license cannot be returned to the respondent
because the respondent cannot be located, fails to respond to
requests to retrieve the firearms, or is not lawfully eligible
to possess a firearm, upon petition from the local law
enforcement agency, the court may order the local law
enforcement agency to destroy the firearms, use the firearms
for training purposes, or use the firearms for any other
application as deemed appropriate by the local law enforcement
agency.
(h-5) On or before January 1, 2022, a A respondent whose
Firearm Owner's Identification Card has been revoked or
suspended may petition the court, if the petitioner is present
in court or has notice of the respondent's petition, to
transfer the respondent's firearm to a person who is lawfully
able to possess the firearm if the person does not reside at
the same address as the respondent. Notice of the petition
shall be served upon the person protected by the emergency
firearms restraining order. While the order is in effect, the
transferee who receives the respondent's firearms must swear
or affirm by affidavit that he or she shall not transfer the
firearm to the respondent or to anyone residing in the same
residence as the respondent.
(h-6) If a person other than the respondent claims title
to any firearms surrendered under this Section, he or she may
petition the court, if the petitioner is present in court or
has notice of the petition, to have the firearm returned to him
or her. If the court determines that person to be the lawful
owner of the firearm, the firearm shall be returned to him or
her, provided that:
(1) the firearm is removed from the respondent's
custody, control, or possession and the lawful owner
agrees to store the firearm in a manner such that the
respondent does not have access to or control of the
firearm; and
(2) the firearm is not otherwise unlawfully possessed
by the owner.
The person petitioning for the return of his or her
firearm must swear or affirm by affidavit that he or she: (i)
is the lawful owner of the firearm; (ii) shall not transfer the
firearm to the respondent; and (iii) will store the firearm in
a manner that the respondent does not have access to or control
of the firearm.
(i) In accordance with subsection (e) of this Section, the
court shall schedule a full hearing as soon as possible, but no
longer than 14 days from the issuance of an ex parte firearms
restraining order, to determine if a 6-month firearms
restraining order shall be issued. The court may extend an ex
parte order as needed, but not to exceed 14 days, to effectuate
service of the order or if necessary to continue protection.
The court may extend the order for a greater length of time by
mutual agreement of the parties.
(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
(430 ILCS 67/40)
Sec. 40. Six-month orders.
(a) A petitioner may request a 6-month firearms
restraining order by filing an affidavit or verified pleading
alleging that the respondent poses a significant danger of
causing personal injury to himself, herself, or another in the
near future by having in his or her custody or control,
purchasing, possessing, or receiving a firearm. The petition
shall also describe the number, types, and locations of any
firearms presently believed by the petitioner to be possessed
or controlled by the respondent.
(b) If the respondent is alleged to pose a significant
danger of causing personal injury to an intimate partner, or
an intimate partner is alleged to have been the target of a
threat or act of violence by the respondent, the petitioner
shall make a good faith effort to provide notice to any and all
intimate partners of the respondent. The notice must include
that the petitioner intends to petition the court for a
6-month firearms restraining order, and, if the petitioner is
a law enforcement officer, referral to relevant domestic
violence or stalking advocacy or counseling resources, if
appropriate. The petitioner shall attest to having provided
the notice in the filed affidavit or verified pleading. If,
after making a good faith effort, the petitioner is unable to
provide notice to any or all intimate partners, the affidavit
or verified pleading should describe what efforts were made.
(c) Every person who files a petition for a 6-month
firearms restraining order, knowing the information provided
to the court at any hearing or in the affidavit or verified
pleading to be false, is guilty of perjury under Section 32-2
of the Criminal Code of 2012.
(d) Upon receipt of a petition for a 6-month firearms
restraining order, the court shall order a hearing within 30
days.
(e) In determining whether to issue a firearms restraining
order under this Section, the court shall consider evidence
including, but not limited to, the following:
(1) The unlawful and reckless use, display, or
brandishing of a firearm by the respondent.
(2) The history of use, attempted use, or threatened
use of physical force by the respondent against another
person.
(3) Any prior arrest of the respondent for a felony
offense.
(4) Evidence of the abuse of controlled substances or
alcohol by the respondent.
(5) A recent threat of violence or act of violence by
the respondent directed toward himself, herself, or
another.
(6) A violation of an emergency order of protection
issued under Section 217 of the Illinois Domestic Violence
Act of 1986 or Section 112A-17 of the Code of Criminal
Procedure of 1963 or of an order of protection issued
under Section 214 of the Illinois Domestic Violence Act of
1986 or Section 112A-14 of the Code of Criminal Procedure
of 1963.
(7) A pattern of violent acts or violent threats,
including, but not limited to, threats of violence or acts
of violence by the respondent directed toward himself,
herself, or another.
(f) At the hearing, the petitioner shall have the burden
of proving, by clear and convincing evidence, that the
respondent poses a significant danger of personal injury to
himself, herself, or another by having in his or her custody or
control, purchasing, possessing, or receiving a firearm.
(g) If the court finds that there is clear and convincing
evidence to issue a firearms restraining order, the court
shall issue a firearms restraining order that shall be in
effect for 6 months subject to renewal under Section 45 of this
Act or termination under that Section.
(g-5) If the court issues a 6-month firearms restraining
order, it shall, upon a finding of probable cause that the
respondent possesses firearms, issue a search warrant
directing a law enforcement agency to seize the respondent's
firearms. The court may, as part of that warrant, direct the
law enforcement agency to search the respondent's residence
and other places where the court finds there is probable cause
to believe he or she is likely to possess the firearms.
(h) A 6-month firearms restraining order shall require:
(1) the respondent to refrain from having in his or
her custody or control, purchasing, possessing, or
receiving additional firearms for the duration of the
order under Section 8.2 of the Firearm Owners
Identification Card Act; and
(2) the respondent to comply with Section 9.5 of the
Firearm Owners Identification Card Act and subsection (g)
of Section 70 of the Firearm Concealed Carry Act turn over
to the local law enforcement agency any firearm or Firearm
Owner's Identification Card and concealed carry license in
his or her possession. The local law enforcement agency
shall immediately mail the card and concealed carry
license to the Department of State Police Firearm Services
Bureau for safekeeping. The firearm or firearms and
Firearm Owner's Identification Card and concealed carry
license, if unexpired, shall be returned to the respondent
after the firearms restraining order is terminated or
expired.
(i) Except as otherwise provided in subsection (i-5) of
this Section, upon expiration of the period of safekeeping, if
the firearms or Firearm Owner's Identification Card cannot be
returned to the respondent because the respondent cannot be
located, fails to respond to requests to retrieve the
firearms, or is not lawfully eligible to possess a firearm,
upon petition from the local law enforcement agency, the court
may order the local law enforcement agency to destroy the
firearms, use the firearms for training purposes, or use the
firearms for any other application as deemed appropriate by
the local law enforcement agency.
(i-5) A respondent whose Firearm Owner's Identification
Card has been revoked or suspended may petition the court, if
the petitioner is present in court or has notice of the
respondent's petition, to transfer the respondent's firearm to
a person who is lawfully able to possess the firearm if the
person does not reside at the same address as the respondent.
Notice of the petition shall be served upon the person
protected by the emergency firearms restraining order. While
the order is in effect, the transferee who receives the
respondent's firearms must swear or affirm by affidavit that
he or she shall not transfer the firearm to the respondent or
to anyone residing in the same residence as the respondent.
(i-6) If a person other than the respondent claims title
to any firearms surrendered under this Section, he or she may
petition the court, if the petitioner is present in court or
has notice of the petition, to have the firearm returned to him
or her. If the court determines that person to be the lawful
owner of the firearm, the firearm shall be returned to him or
her, provided that:
(1) the firearm is removed from the respondent's
custody, control, or possession and the lawful owner
agrees to store the firearm in a manner such that the
respondent does not have access to or control of the
firearm; and
(2) the firearm is not otherwise unlawfully possessed
by the owner.
The person petitioning for the return of his or her
firearm must swear or affirm by affidavit that he or she: (i)
is the lawful owner of the firearm; (ii) shall not transfer the
firearm to the respondent; and (iii) will store the firearm in
a manner that the respondent does not have access to or control
of the firearm.
(j) If the court does not issue a firearms restraining
order at the hearing, the court shall dissolve any emergency
firearms restraining order then in effect.
(k) When the court issues a firearms restraining order
under this Section, the court shall inform the respondent that
he or she is entitled to one hearing during the period of the
order to request a termination of the order, under Section 45
of this Act, and shall provide the respondent with a form to
request a hearing.
(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
Section 27. The Wildlife Code is amended by changing
Sections 2.11, 2.26, 2.33, and 2.34 as follows:
(520 ILCS 5/2.11) (from Ch. 61, par. 2.11)
Sec. 2.11. Before any person may lawfully hunt wild
turkey, he shall first obtain a "Wild Turkey Hunting Permit"
in accordance with the prescribed regulations set forth in an
administrative rule of the Department. The fee for a Resident
Wild Turkey Hunting Permit shall not exceed $15.
Upon submitting suitable evidence of legal residence in
any other state, non-residents shall be charged a fee not to
exceed $125 for wild turkey hunting permits.
The Department may by administrative rule allocate and
issue non-resident Wild Turkey Permits and establish fees for
such permits.
It shall be unlawful to take wild turkey except by use of a
bow and arrow or a shotgun of not larger than 10 nor smaller
than 20 gauge with shot size not larger than No. 4, and no
person while attempting to so take wild turkey may have in his
possession any other gun unless in accordance with the Firearm
Concealed Carry Act.
It shall be unlawful to take, or attempt to take wild
turkey except during the time from 1/2 hour before sunrise to
1/2 hour after sunset or during such lesser period of time as
may be specified by administrative rule, during those days for
which an open season is established.
It shall be unlawful for any person to take, or attempt to
take, wild turkey by use of dogs, horses, automobiles,
aircraft or other vehicles, or conveyances, or by the use or
aid of bait or baiting of any kind. For the purposes of this
Section, "bait" means any material, whether liquid or solid,
including food, salt, minerals, and other products, except
pure water, that can be ingested, placed, or scattered in such
a manner as to attract or lure wild turkeys. "Baiting" means
the placement or scattering of bait to attract wild turkeys.
An area is considered as baited during the presence of and for
10 consecutive days following the removal of the bait.
It is unlawful for any person to take in Illinois or have
in his possession more than one wild turkey per valid permit.
For the purposes of calculating acreage under this
Section, the Department shall, after determining the total
acreage of the applicable tract or tracts of land, round
remaining fractional portions of an acre greater than or equal
to half of an acre up to the next whole acre.
For the purposes of taking wild turkey, nothing in this
Section shall be construed to prevent the manipulation,
including mowing or cutting, of standing crops as a normal
agricultural or soil stabilization practice, food plots, or
normal agricultural practices, including planting, harvesting,
and maintenance such as cultivating. Such manipulation for the
purpose of taking wild turkey may be further modified by
administrative rule.
(Source: P.A. 98-180, eff. 8-5-13; 99-869, eff. 1-1-17.)
(520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
Sec. 2.26. Deer hunting permits. Any person attempting to
take deer shall first obtain a "Deer Hunting Permit" issued by
the Department in accordance with its administrative rules.
Those rules must provide for the issuance of the following
types of resident deer archery permits: (i) a combination
permit, consisting of one either-sex permit and one
antlerless-only permit, (ii) a single antlerless-only permit,
and (iii) a single either-sex permit. The fee for a Deer
Hunting Permit to take deer with either bow and arrow or gun
shall not exceed $25.00 for residents of the State. The
Department may by administrative rule provide for non-resident
deer hunting permits for which the fee will not exceed $300 in
2005, $350 in 2006, and $400 in 2007 and thereafter except as
provided below for non-resident landowners and non-resident
archery hunters. The Department may by administrative rule
provide for a non-resident archery deer permit consisting of
not more than 2 harvest tags at a total cost not to exceed $325
in 2005, $375 in 2006, and $425 in 2007 and thereafter. The
fees for a youth resident and non-resident archery deer permit
shall be the same.
The Department shall create a pilot program during the
special 3-day, youth-only deer hunting season to allow for
youth deer hunting permits that are valid statewide, excluding
those counties or portions of counties closed to firearm deer
hunting. The Department shall adopt rules to implement the
pilot program. Nothing in this paragraph shall be construed to
prohibit the Department from issuing Special Hunt Area Permits
for the youth-only deer hunting season or establishing,
through administrative rule, additional requirements
pertaining to the youth-only deer hunting season on
Department-owned or Department-managed sites, including
site-specific quotas or drawings. The provisions of this
paragraph are inoperative on and after January 1, 2023.
The standards and specifications for use of guns and bow
and arrow for deer hunting shall be established by
administrative rule.
No person may have in his or her possession any firearm not
authorized by administrative rule for a specific hunting
season when taking deer unless in accordance with the Firearm
Concealed Carry Act.
Persons having a firearm deer hunting permit shall be
permitted to take deer only during the period from 1/2 hour
before sunrise to 1/2 hour after sunset, and only during those
days for which an open season is established for the taking of
deer by use of shotgun, handgun, or muzzle loading rifle.
Persons having an archery deer hunting permit shall be
permitted to take deer only during the period from 1/2 hour
before sunrise to 1/2 hour after sunset, and only during those
days for which an open season is established for the taking of
deer by use of bow and arrow.
It shall be unlawful for any person to take deer by use of
dogs, horses, automobiles, aircraft or other vehicles, or by
the use or aid of bait or baiting of any kind. For the purposes
of this Section, "bait" means any material, whether liquid or
solid, including food, salt, minerals, and other products,
except pure water, that can be ingested, placed, or scattered
in such a manner as to attract or lure white-tailed deer.
"Baiting" means the placement or scattering of bait to attract
deer. An area is considered as baited during the presence of
and for 10 consecutive days following the removal of bait.
Nothing in this Section shall prohibit the use of a dog to
track wounded deer. Any person using a dog for tracking
wounded deer must maintain physical control of the dog at all
times by means of a maximum 50 foot lead attached to the dog's
collar or harness. Tracking wounded deer is permissible at
night, but at no time outside of legal deer hunting hours or
seasons shall any person handling or accompanying a dog being
used for tracking wounded deer be in possession of any firearm
or archery device. Persons tracking wounded deer with a dog
during the firearm deer seasons shall wear blaze orange or
solid blaze pink color as required. Dog handlers tracking
wounded deer with a dog are exempt from hunting license and
deer permit requirements so long as they are accompanied by
the licensed deer hunter who wounded the deer.
It shall be unlawful to possess or transport any wild deer
which has been injured or killed in any manner upon a public
highway or public right-of-way of this State unless exempted
by administrative rule.
Persons hunting deer must have gun unloaded and no bow and
arrow device shall be carried with the arrow in the nocked
position during hours when deer hunting is unlawful.
It shall be unlawful for any person, having taken the
legal limit of deer by gun, to further participate with gun in
any deer hunting party.
It shall be unlawful for any person, having taken the
legal limit of deer by bow and arrow, to further participate
with bow and arrow in any deer hunting party.
The Department may prohibit upland game hunting during the
gun deer season by administrative rule.
The Department shall not limit the number of non-resident,
either-sex archery deer hunting permits to less than 20,000.
Any person who violates any of the provisions of this
Section, including administrative rules, shall be guilty of a
Class B misdemeanor.
For the purposes of calculating acreage under this
Section, the Department shall, after determining the total
acreage of the applicable tract or tracts of land, round
remaining fractional portions of an acre greater than or equal
to half of an acre up to the next whole acre.
For the purposes of taking white-tailed deer, nothing in
this Section shall be construed to prevent the manipulation,
including mowing or cutting, of standing crops as a normal
agricultural or soil stabilization practice, food plots, or
normal agricultural practices, including planting, harvesting,
and maintenance such as cultivating or the use of products
designed for scent only and not capable of ingestion, solid or
liquid, placed or scattered, in such a manner as to attract or
lure deer. Such manipulation for the purpose of taking
white-tailed deer may be further modified by administrative
rule.
(Source: P.A. 100-691, eff. 1-1-19; 100-949, eff. 1-1-19;
101-81, eff. 7-12-19; 101-444, eff. 6-1-20.)
(520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
Sec. 2.33. Prohibitions.
(a) It is unlawful to carry or possess any gun in any State
refuge unless otherwise permitted by administrative rule.
(b) It is unlawful to use or possess any snare or
snare-like device, deadfall, net, or pit trap to take any
species, except that snares not powered by springs or other
mechanical devices may be used to trap fur-bearing mammals, in
water sets only, if at least one-half of the snare noose is
located underwater at all times.
(c) It is unlawful for any person at any time to take a
wild mammal protected by this Act from its den by means of any
mechanical device, spade, or digging device or to use smoke or
other gases to dislodge or remove such mammal except as
provided in Section 2.37.
(d) It is unlawful to use a ferret or any other small
mammal which is used in the same or similar manner for which
ferrets are used for the purpose of frightening or driving any
mammals from their dens or hiding places.
(e) (Blank).
(f) It is unlawful to use spears, gigs, hooks or any like
device to take any species protected by this Act.
(g) It is unlawful to use poisons, chemicals or explosives
for the purpose of taking any species protected by this Act.
(h) It is unlawful to hunt adjacent to or near any peat,
grass, brush or other inflammable substance when it is
burning.
(i) It is unlawful to take, pursue or intentionally harass
or disturb in any manner any wild birds or mammals by use or
aid of any vehicle or conveyance, except as permitted by the
Code of Federal Regulations for the taking of waterfowl. It is
also unlawful to use the lights of any vehicle or conveyance or
any light from or any light connected to the vehicle or
conveyance in any area where wildlife may be found except in
accordance with Section 2.37 of this Act; however, nothing in
this Section shall prohibit the normal use of headlamps for
the purpose of driving upon a roadway. Striped skunk, opossum,
red fox, gray fox, raccoon, bobcat, and coyote may be taken
during the open season by use of a small light which is worn on
the body or hand-held by a person on foot and not in any
vehicle.
(j) It is unlawful to use any shotgun larger than 10 gauge
while taking or attempting to take any of the species
protected by this Act.
(k) It is unlawful to use or possess in the field any
shotgun shell loaded with a shot size larger than lead BB or
steel T (.20 diameter) when taking or attempting to take any
species of wild game mammals (excluding white-tailed deer),
wild game birds, migratory waterfowl or migratory game birds
protected by this Act, except white-tailed deer as provided
for in Section 2.26 and other species as provided for by
subsection (l) or administrative rule.
(l) It is unlawful to take any species of wild game, except
white-tailed deer and fur-bearing mammals, with a shotgun
loaded with slugs unless otherwise provided for by
administrative rule.
(m) It is unlawful to use any shotgun capable of holding
more than 3 shells in the magazine or chamber combined, except
on game breeding and hunting preserve areas licensed under
Section 3.27 and except as permitted by the Code of Federal
Regulations for the taking of waterfowl. If the shotgun is
capable of holding more than 3 shells, it shall, while being
used on an area other than a game breeding and shooting
preserve area licensed pursuant to Section 3.27, be fitted
with a one piece plug that is irremovable without dismantling
the shotgun or otherwise altered to render it incapable of
holding more than 3 shells in the magazine and chamber,
combined.
(n) It is unlawful for any person, except persons who
possess a permit to hunt from a vehicle as provided in this
Section and persons otherwise permitted by law, to have or
carry any gun in or on any vehicle, conveyance or aircraft,
unless such gun is unloaded and enclosed in a case, except that
at field trials authorized by Section 2.34 of this Act,
unloaded guns or guns loaded with blank cartridges only, may
be carried on horseback while not contained in a case, or to
have or carry any bow or arrow device in or on any vehicle
unless such bow or arrow device is unstrung or enclosed in a
case, or otherwise made inoperable unless in accordance with
the Firearm Concealed Carry Act.
(o) (Blank).
(p) It is unlawful to take game birds, migratory game
birds or migratory waterfowl with a rifle, pistol, revolver or
airgun.
(q) It is unlawful to fire a rifle, pistol, revolver or
airgun on, over or into any waters of this State, including
frozen waters.
(r) It is unlawful to discharge any gun or bow and arrow
device along, upon, across, or from any public right-of-way or
highway in this State.
(s) It is unlawful to use a silencer or other device to
muffle or mute the sound of the explosion or report resulting
from the firing of any gun.
(t) It is unlawful for any person to take or attempt to
take any species of wildlife or parts thereof, intentionally
or wantonly allow a dog to hunt, within or upon the land of
another, or upon waters flowing over or standing on the land of
another, or to knowingly shoot a gun or bow and arrow device at
any wildlife physically on or flying over the property of
another without first obtaining permission from the owner or
the owner's designee. For the purposes of this Section, the
owner's designee means anyone who the owner designates in a
written authorization and the authorization must contain (i)
the legal or common description of property for such authority
is given, (ii) the extent that the owner's designee is
authorized to make decisions regarding who is allowed to take
or attempt to take any species of wildlife or parts thereof,
and (iii) the owner's notarized signature. Before enforcing
this Section the law enforcement officer must have received
notice from the owner or the owner's designee of a violation of
this Section. Statements made to the law enforcement officer
regarding this notice shall not be rendered inadmissible by
the hearsay rule when offered for the purpose of showing the
required notice.
(u) It is unlawful for any person to discharge any firearm
for the purpose of taking any of the species protected by this
Act, or hunt with gun or dog, or intentionally or wantonly
allow a dog to hunt, within 300 yards of an inhabited dwelling
without first obtaining permission from the owner or tenant,
except that while trapping, hunting with bow and arrow,
hunting with dog and shotgun using shot shells only, or
hunting with shotgun using shot shells only, or providing
outfitting services under a waterfowl outfitter permit, or on
licensed game breeding and hunting preserve areas, as defined
in Section 3.27, on federally owned and managed lands and on
Department owned, managed, leased, or controlled lands, a 100
yard restriction shall apply.
(v) It is unlawful for any person to remove fur-bearing
mammals from, or to move or disturb in any manner, the traps
owned by another person without written authorization of the
owner to do so.
(w) It is unlawful for any owner of a dog to knowingly or
wantonly allow his or her dog to pursue, harass or kill deer,
except that nothing in this Section shall prohibit the
tracking of wounded deer with a dog in accordance with the
provisions of Section 2.26 of this Code.
(x) It is unlawful for any person to wantonly or
carelessly injure or destroy, in any manner whatsoever, any
real or personal property on the land of another while engaged
in hunting or trapping thereon.
(y) It is unlawful to hunt wild game protected by this Act
between one half hour after sunset and one half hour before
sunrise, except that hunting hours between one half hour after
sunset and one half hour before sunrise may be established by
administrative rule for fur-bearing mammals.
(z) It is unlawful to take any game bird (excluding wild
turkeys and crippled pheasants not capable of normal flight
and otherwise irretrievable) protected by this Act when not
flying. Nothing in this Section shall prohibit a person from
carrying an uncased, unloaded shotgun in a boat, while in
pursuit of a crippled migratory waterfowl that is incapable of
normal flight, for the purpose of attempting to reduce the
migratory waterfowl to possession, provided that the attempt
is made immediately upon downing the migratory waterfowl and
is done within 400 yards of the blind from which the migratory
waterfowl was downed. This exception shall apply only to
migratory game birds that are not capable of normal flight.
Migratory waterfowl that are crippled may be taken only with a
shotgun as regulated by subsection (j) of this Section using
shotgun shells as regulated in subsection (k) of this Section.
(aa) It is unlawful to use or possess any device that may
be used for tree climbing or cutting, while hunting
fur-bearing mammals, excluding coyotes.
(bb) It is unlawful for any person, except licensed game
breeders, pursuant to Section 2.29 to import, carry into, or
possess alive in this State any species of wildlife taken
outside of this State, without obtaining permission to do so
from the Director.
(cc) It is unlawful for any person to have in his or her
possession any freshly killed species protected by this Act
during the season closed for taking.
(dd) It is unlawful to take any species protected by this
Act and retain it alive except as provided by administrative
rule.
(ee) It is unlawful to possess any rifle while in the field
during gun deer season except as provided in Section 2.26 and
administrative rules.
(ff) It is unlawful for any person to take any species
protected by this Act, except migratory waterfowl, during the
gun deer hunting season in those counties open to gun deer
hunting, unless he or she wears, when in the field, a cap and
upper outer garment of a solid blaze orange color or solid
blaze pink color, with such articles of clothing displaying a
minimum of 400 square inches of blaze orange or solid blaze
pink color material.
(gg) It is unlawful during the upland game season for any
person to take upland game with a firearm unless he or she
wears, while in the field, a cap of solid blaze orange color or
solid blaze pink color. For purposes of this Act, upland game
is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked
Pheasant, Eastern Cottontail and Swamp Rabbit.
(hh) It shall be unlawful to kill or cripple any species
protected by this Act for which there is a bag limit without
making a reasonable effort to retrieve such species and
include such in the bag limit. It shall be unlawful for any
person having control over harvested game mammals, game birds,
or migratory game birds for which there is a bag limit to
wantonly waste or destroy the usable meat of the game, except
this shall not apply to wildlife taken under Sections 2.37 or
3.22 of this Code. For purposes of this subsection, "usable
meat" means the breast meat of a game bird or migratory game
bird and the hind ham and front shoulders of a game mammal. It
shall be unlawful for any person to place, leave, dump, or
abandon a wildlife carcass or parts of it along or upon a
public right-of-way or highway or on public or private
property, including a waterway or stream, without the
permission of the owner or tenant. It shall not be unlawful to
discard game meat that is determined to be unfit for human
consumption.
(ii) This Section shall apply only to those species
protected by this Act taken within the State. Any species or
any parts thereof, legally taken in and transported from other
states or countries, may be possessed within the State, except
as provided in this Section and Sections 2.35, 2.36 and 3.21.
(jj) (Blank).
(kk) Nothing contained in this Section shall prohibit the
Director from issuing permits to paraplegics or to other
persons with disabilities who meet the requirements set forth
in administrative rule to shoot or hunt from a vehicle as
provided by that rule, provided that such is otherwise in
accord with this Act.
(ll) Nothing contained in this Act shall prohibit the
taking of aquatic life protected by the Fish and Aquatic Life
Code or birds and mammals protected by this Act, except deer
and fur-bearing mammals, from a boat not camouflaged or
disguised to alter its identity or to further provide a place
of concealment and not propelled by sail or mechanical power.
However, only shotguns not larger than 10 gauge nor smaller
than .410 bore loaded with not more than 3 shells of a shot
size no larger than lead BB or steel T (.20 diameter) may be
used to take species protected by this Act.
(mm) Nothing contained in this Act shall prohibit the use
of a shotgun, not larger than 10 gauge nor smaller than a 20
gauge, with a rifled barrel.
(nn) It shall be unlawful to possess any species of
wildlife or wildlife parts taken unlawfully in Illinois, any
other state, or any other country, whether or not the wildlife
or wildlife parts is indigenous to Illinois. For the purposes
of this subsection, the statute of limitations for unlawful
possession of wildlife or wildlife parts shall not cease until
2 years after the possession has permanently ended.
(Source: P.A. 99-33, eff. 1-1-16; 99-143, eff. 7-27-15;
99-642, eff. 7-28-16; 100-489, eff. 9-8-17; 100-949, eff.
1-1-19.)
(520 ILCS 5/2.34) (from Ch. 61, par. 2.34)
Sec. 2.34. Dog Trials.
(a) Dogs of any breed may be trained the year round in
accordance with the provisions of this Act.
(b) During the periods of time when it is unlawful to take
species protected by this Act, the only firearms which shall
be used in the training of dogs from sunrise to sunset shall be
pistols with blank cartridges. No other gun or ammunition may
be in immediate possession during this time. No person or
persons in, along with, or accompanying the dog training
party, shall be in possession of any firearm or live
ammunition, except pistols capable of firing only blank
cartridges during the hours from sunset to sunrise. All
organized field trials or training grounds approved by the
Department shall be exempt from this provision unless in
accordance with the Firearm Concealed Carry Act.
(c) No field trial shall be held without a permit from the
Department.
The following Department areas shall be designated as
horseback field trial sites; Lee County Conservation Area, Des
Plaines Conservation Area, Moraine View State Park, Middle
Fork Fish and Wildlife Area, Hamilton County Conservation
Area, and Wayne Fitzgerrell State Park. The Department shall
provide and maintain quality wildlife habitat on these sites.
Field trials shall be scheduled only from September 1
through April 30 in the Northern Zone and September 1 through
April 15 in the Southern Zone. The Department maintains the
authority to schedule and administer field trials. The
boundary between the Northern Zone and the Southern Zone shall
be U.S. Route 36. However, (i) if the opening date of the field
trial season falls on Sunday, the season will begin on
Saturday of that weekend; and (ii) if the closing date of the
field trial season falls on Saturday, the season will conclude
on Sunday of that weekend; and (iii) if during the final days
of the field trial season a field trial organization begins a
field trial which is subsequently interrupted due to inclement
weather, the field trial organization may complete the trial,
subject to the Department's approval, even though the field
trial season has ended. The field trial organization must
complete the trial on the first possible day or days. Field
trials for the retrieving breeds are exempt from these field
trials season provisions and shall have no closed season.
The fee for field trials shall be established by the
Department by rule.
(d) The Department is authorized to designate dog training
areas and to grant permits for all field trials including
those field trials where game birds reared under Section 3.23
are released and taken in accordance with the rules and
regulations set forth by the Department. Applications for
permits for such trials and training areas shall be
accompanied by detailed information as to the date and the
location of the grounds where such trial area or training
grounds is located. Applicants for field trial or dog training
permits must have the consent of the landowner prior to
applying for such permit. Fees and other regulations will be
set by administrative rule.
(e) All permits for designated dog training areas shall
expire March 31st of each year.
(f) Permit holders for designated dog training areas must
possess a wild game breeder's permit or a game breeding and
hunting preserve area permit and may utilize live bird recall
devices on such areas.
(g) Nothing shall prevent an individual from using a dog
in the taking of squirrel during the open season.
(h) All hand reared game released and shot at field trials
shall be properly identified with tags as provided for by this
Act and such birds shall be banded before they are removed from
the field trial area.
(Source: P.A. 86-920; 87-1051.)
Section 30. The Criminal Code of 2012 is amended by
changing Sections 24-3 and 24-8 as follows:
(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
Sec. 24-3. Unlawful sale or delivery of firearms.
(A) A person commits the offense of unlawful sale or
delivery of firearms when he or she knowingly does any of the
following:
(a) Sells or gives any firearm of a size which may be
concealed upon the person to any person under 18 years of
age.
(b) Sells or gives any firearm to a person under 21
years of age who has been convicted of a misdemeanor other
than a traffic offense or adjudged delinquent.
(c) Sells or gives any firearm to any narcotic addict.
(d) Sells or gives any firearm to any person who has
been convicted of a felony under the laws of this or any
other jurisdiction.
(e) Sells or gives any firearm to any person who has
been a patient in a mental institution within the past 5
years. In this subsection (e):
"Mental institution" means any hospital,
institution, clinic, evaluation facility, mental
health center, or part thereof, which is used
primarily for the care or treatment of persons with
mental illness.
"Patient in a mental institution" means the person
was admitted, either voluntarily or involuntarily, to
a mental institution for mental health treatment,
unless the treatment was voluntary and solely for an
alcohol abuse disorder and no other secondary
substance abuse disorder or mental illness.
(f) Sells or gives any firearms to any person who is a
person with an intellectual disability.
(g) Delivers any firearm, incidental to a sale,
without withholding delivery of the firearm for at least
72 hours after application for its purchase has been made,
or delivers a stun gun or taser, incidental to a sale,
without withholding delivery of the stun gun or taser for
at least 24 hours after application for its purchase has
been made. However, this paragraph (g) does not apply to:
(1) the sale of a firearm to a law enforcement officer if
the seller of the firearm knows that the person to whom he
or she is selling the firearm is a law enforcement officer
or the sale of a firearm to a person who desires to
purchase a firearm for use in promoting the public
interest incident to his or her employment as a bank
guard, armed truck guard, or other similar employment; (2)
a mail order sale of a firearm from a federally licensed
firearms dealer to a nonresident of Illinois under which
the firearm is mailed to a federally licensed firearms
dealer outside the boundaries of Illinois; (3) (blank);
(4) the sale of a firearm to a dealer licensed as a federal
firearms dealer under Section 923 of the federal Gun
Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
sale of any rifle, shotgun, or other long gun to a resident
registered competitor or attendee or non-resident
registered competitor or attendee by any dealer licensed
as a federal firearms dealer under Section 923 of the
federal Gun Control Act of 1968 at competitive shooting
events held at the World Shooting Complex sanctioned by a
national governing body. For purposes of transfers or
sales under subparagraph (5) of this paragraph (g), the
Department of Natural Resources shall give notice to the
Department of State Police at least 30 calendar days prior
to any competitive shooting events at the World Shooting
Complex sanctioned by a national governing body. The
notification shall be made on a form prescribed by the
Department of State Police. The sanctioning body shall
provide a list of all registered competitors and attendees
at least 24 hours before the events to the Department of
State Police. Any changes to the list of registered
competitors and attendees shall be forwarded to the
Department of State Police as soon as practicable. The
Department of State Police must destroy the list of
registered competitors and attendees no later than 30 days
after the date of the event. Nothing in this paragraph (g)
relieves a federally licensed firearm dealer from the
requirements of conducting a NICS background check through
the Illinois Point of Contact under 18 U.S.C. 922(t). For
purposes of this paragraph (g), "application" means when
the buyer and seller reach an agreement to purchase a
firearm. For purposes of this paragraph (g), "national
governing body" means a group of persons who adopt rules
and formulate policy on behalf of a national firearm
sporting organization.
(h) While holding any license as a dealer, importer,
manufacturer or pawnbroker under the federal Gun Control
Act of 1968, manufactures, sells or delivers to any
unlicensed person a handgun having a barrel, slide, frame
or receiver which is a die casting of zinc alloy or any
other nonhomogeneous metal which will melt or deform at a
temperature of less than 800 degrees Fahrenheit. For
purposes of this paragraph, (1) "firearm" is defined as in
the Firearm Owners Identification Card Act; and (2)
"handgun" is defined as a firearm designed to be held and
fired by the use of a single hand, and includes a
combination of parts from which such a firearm can be
assembled.
(i) Sells or gives a firearm of any size to any person
under 18 years of age who does not possess a valid Firearm
Owner's Identification Card.
(j) Sells or gives a firearm while engaged in the
business of selling firearms at wholesale or retail
without being licensed as a federal firearms dealer under
Section 923 of the federal Gun Control Act of 1968 (18
U.S.C. 923). In this paragraph (j):
A person "engaged in the business" means a person who
devotes time, attention, and labor to engaging in the
activity as a regular course of trade or business with the
principal objective of livelihood and profit, but does not
include a person who makes occasional repairs of firearms
or who occasionally fits special barrels, stocks, or
trigger mechanisms to firearms.
"With the principal objective of livelihood and
profit" means that the intent underlying the sale or
disposition of firearms is predominantly one of obtaining
livelihood and pecuniary gain, as opposed to other
intents, such as improving or liquidating a personal
firearms collection; however, proof of profit shall not be
required as to a person who engages in the regular and
repetitive purchase and disposition of firearms for
criminal purposes or terrorism.
(k) Sells or transfers ownership of a firearm to a
person who does not display to the seller or transferor of
the firearm either: (1) a currently valid Firearm Owner's
Identification Card that has previously been issued in the
transferee's name by the Department of State Police under
the provisions of the Firearm Owners Identification Card
Act; or (2) a currently valid license to carry a concealed
firearm that has previously been issued in the
transferee's name by the Department of State Police under
the Firearm Concealed Carry Act. This paragraph (k) does
not apply to the transfer of a firearm to a person who is
exempt from the requirement of possessing a Firearm
Owner's Identification Card under Section 2 of the Firearm
Owners Identification Card Act. For the purposes of this
Section, a currently valid Firearm Owner's Identification
Card or license to carry a concealed firearm means receipt
of (i) a Firearm Owner's Identification Card that has not
expired or (ii) an approval number issued in accordance
with subsection (a-10) of subsection 3 or Section 3.1 of
the Firearm Owners Identification Card Act shall be proof
that the Firearm Owner's Identification Card was valid.
(1) In addition to the other requirements of this
paragraph (k), all persons who are not federally
licensed firearms dealers must also have complied with
subsection (a-10) of Section 3 of the Firearm Owners
Identification Card Act by determining the validity of
a purchaser's Firearm Owner's Identification Card.
(2) All sellers or transferors who have complied
with the requirements of subparagraph (1) of this
paragraph (k) shall not be liable for damages in any
civil action arising from the use or misuse by the
transferee of the firearm transferred, except for
willful or wanton misconduct on the part of the seller
or transferor.
(l) Not being entitled to the possession of a firearm,
delivers the firearm, knowing it to have been stolen or
converted. It may be inferred that a person who possesses
a firearm with knowledge that its serial number has been
removed or altered has knowledge that the firearm is
stolen or converted.
(B) Paragraph (h) of subsection (A) does not include
firearms sold within 6 months after enactment of Public Act
78-355 (approved August 21, 1973, effective October 1, 1973),
nor is any firearm legally owned or possessed by any citizen or
purchased by any citizen within 6 months after the enactment
of Public Act 78-355 subject to confiscation or seizure under
the provisions of that Public Act. Nothing in Public Act
78-355 shall be construed to prohibit the gift or trade of any
firearm if that firearm was legally held or acquired within 6
months after the enactment of that Public Act.
(C) Sentence.
(1) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (c), (e), (f), (g),
or (h) of subsection (A) commits a Class 4 felony.
(2) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (b) or (i) of
subsection (A) commits a Class 3 felony.
(3) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a) of subsection
(A) commits a Class 2 felony.
(4) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a), (b), or (i) of
subsection (A) in any school, on the real property
comprising a school, within 1,000 feet of the real
property comprising a school, at a school related
activity, or on or within 1,000 feet of any conveyance
owned, leased, or contracted by a school or school
district to transport students to or from school or a
school related activity, regardless of the time of day or
time of year at which the offense was committed, commits a
Class 1 felony. Any person convicted of a second or
subsequent violation of unlawful sale or delivery of
firearms in violation of paragraph (a), (b), or (i) of
subsection (A) in any school, on the real property
comprising a school, within 1,000 feet of the real
property comprising a school, at a school related
activity, or on or within 1,000 feet of any conveyance
owned, leased, or contracted by a school or school
district to transport students to or from school or a
school related activity, regardless of the time of day or
time of year at which the offense was committed, commits a
Class 1 felony for which the sentence shall be a term of
imprisonment of no less than 5 years and no more than 15
years.
(5) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a) or (i) of
subsection (A) in residential property owned, operated, or
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income
development, in a public park, in a courthouse, on
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development,
on the real property comprising any public park, on the
real property comprising any courthouse, or on any public
way within 1,000 feet of the real property comprising any
public park, courthouse, or residential property owned,
operated, or managed by a public housing agency or leased
by a public housing agency as part of a scattered site or
mixed-income development commits a Class 2 felony.
(6) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (j) of subsection
(A) commits a Class A misdemeanor. A second or subsequent
violation is a Class 4 felony.
(7) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (k) of subsection
(A) commits a Class 4 felony, except that a violation of
subparagraph (1) of paragraph (k) of subsection (A) shall
not be punishable as a crime or petty offense. A third or
subsequent conviction for a violation of paragraph (k) of
subsection (A) is a Class 1 felony.
(8) A person 18 years of age or older convicted of
unlawful sale or delivery of firearms in violation of
paragraph (a) or (i) of subsection (A), when the firearm
that was sold or given to another person under 18 years of
age was used in the commission of or attempt to commit a
forcible felony, shall be fined or imprisoned, or both,
not to exceed the maximum provided for the most serious
forcible felony so committed or attempted by the person
under 18 years of age who was sold or given the firearm.
(9) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (d) of subsection
(A) commits a Class 3 felony.
(10) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (l) of subsection
(A) commits a Class 2 felony if the delivery is of one
firearm. Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (l) of subsection
(A) commits a Class 1 felony if the delivery is of not less
than 2 and not more than 5 firearms at the same time or
within a one year period. Any person convicted of unlawful
sale or delivery of firearms in violation of paragraph (l)
of subsection (A) commits a Class X felony for which he or
she shall be sentenced to a term of imprisonment of not
less than 6 years and not more than 30 years if the
delivery is of not less than 6 and not more than 10
firearms at the same time or within a 2 year period. Any
person convicted of unlawful sale or delivery of firearms
in violation of paragraph (l) of subsection (A) commits a
Class X felony for which he or she shall be sentenced to a
term of imprisonment of not less than 6 years and not more
than 40 years if the delivery is of not less than 11 and
not more than 20 firearms at the same time or within a 3
year period. Any person convicted of unlawful sale or
delivery of firearms in violation of paragraph (l) of
subsection (A) commits a Class X felony for which he or she
shall be sentenced to a term of imprisonment of not less
than 6 years and not more than 50 years if the delivery is
of not less than 21 and not more than 30 firearms at the
same time or within a 4 year period. Any person convicted
of unlawful sale or delivery of firearms in violation of
paragraph (l) of subsection (A) commits a Class X felony
for which he or she shall be sentenced to a term of
imprisonment of not less than 6 years and not more than 60
years if the delivery is of 31 or more firearms at the same
time or within a 5 year period.
(D) For purposes of this Section:
"School" means a public or private elementary or secondary
school, community college, college, or university.
"School related activity" means any sporting, social,
academic, or other activity for which students' attendance or
participation is sponsored, organized, or funded in whole or
in part by a school or school district.
(E) A prosecution for a violation of paragraph (k) of
subsection (A) of this Section may be commenced within 6 years
after the commission of the offense. A prosecution for a
violation of this Section other than paragraph (g) of
subsection (A) of this Section may be commenced within 5 years
after the commission of the offense defined in the particular
paragraph.
(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;
99-642, eff. 7-28-16; 100-606, eff. 1-1-19.)
(720 ILCS 5/24-8)
Sec. 24-8. Firearm evidence tracing.
(a) Upon recovering a firearm from the possession of
anyone who is not permitted by federal or State law to possess
a firearm, a local law enforcement agency shall use the best
available information, including a firearms trace when
necessary, to determine how and from whom the person gained
possession of the firearm. Upon recovering a firearm that was
used in the commission of any offense classified as a felony or
upon recovering a firearm that appears to have been lost,
mislaid, stolen, or otherwise unclaimed, a local law
enforcement agency shall use the best available information,
including a firearms trace when necessary, to determine prior
ownership of the firearm.
(b) Law Local law enforcement shall, when appropriate, use
the National Tracing Center of the Federal Bureau of Alcohol,
Tobacco and Firearms and the National Crime Information Center
of the Federal Bureau of Investigation in complying with
subsection (a) of this Section.
(c) Law Local law enforcement agencies shall use the
Illinois Department of State Police Law Enforcement Agencies
Data System (LEADS) Gun File to enter all stolen, seized, or
recovered firearms as prescribed by LEADS regulations and
policies.
(d) Whenever a law enforcement agency recovers a fired
cartridge case at a crime scene or has reason to believe that
the recovered fired cartridge case is related to or associated
with the commission of a crime, the law enforcement agency
shall submit the evidence to the National Integrated
Ballistics Information Network (NIBIN) or an Illinois State
Police laboratory for NIBIN processing. Whenever a law
enforcement agency seizes or recovers a semiautomatic firearm
that is deemed suitable to be entered into the NIBIN that was:
(i) unlawfully possessed, (ii) used for any unlawful purpose,
(iii) recovered from the scene of a crime, (iv) is reasonably
believed to have been used or associated with the commission
of a crime, or (v) is acquired by the law enforcement agency as
an abandoned or discarded firearm, the law enforcement agency
shall submit the evidence to the NIBIN or an Illinois State
Police laboratory for NIBIN processing. When practicable, all
NIBIN-suitable evidence and NIBIN-suitable test fires from
recovered firearms shall be entered into the NIBIN within 2
business days of submission to Illinois State Police
laboratories that have NIBIN access or another NIBIN site.
Exceptions to this may occur if the evidence in question
requires analysis by other forensic disciplines. The Illinois
State Police laboratory, submitting agency, and relevant court
representatives shall determine whether the request for
additional analysis outweighs the 2 business-day requirement.
Illinois State Police laboratories that do not have NIBIN
access shall submit NIBIN-suitable evidence and test fires to
an Illinois State Police laboratory with NIBIN access. Upon
receipt at the laboratory with NIBIN access, when practicable,
the evidence and test fires shall be entered into the NIBIN
within 2 business days. Exceptions to this 2 business-day
requirement may occur if the evidence in question requires
analysis by other forensic disciplines. The Illinois State
Police laboratory, submitting agency, and relevant court
representatives shall determine whether the request for
additional analysis outweighs the 2 business-day requirement.
Nothing in this Section shall be interpreted to conflict with
standards and policies for NIBIN sites as promulgated by the
federal Bureau of Alcohol, Tobacco, Firearms and Explosives or
successor agencies.
(Source: P.A. 91-364, eff. 1-1-00; 92-300, eff. 1-1-02.)
Section 35. The Code of Criminal Procedure of 1963 is
amended by changing Section 112A-14 as follows:
(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
Sec. 112A-14. Domestic violence order of protection;
remedies.
(a) (Blank).
(b) The court may order any of the remedies listed in this
subsection (b). The remedies listed in this subsection (b)
shall be in addition to other civil or criminal remedies
available to petitioner.
(1) Prohibition of abuse. Prohibit respondent's
harassment, interference with personal liberty,
intimidation of a dependent, physical abuse, or willful
deprivation, as defined in this Article, if such abuse has
occurred or otherwise appears likely to occur if not
prohibited.
(2) Grant of exclusive possession of residence.
Prohibit respondent from entering or remaining in any
residence, household, or premises of the petitioner,
including one owned or leased by respondent, if petitioner
has a right to occupancy thereof. The grant of exclusive
possession of the residence, household, or premises shall
not affect title to real property, nor shall the court be
limited by the standard set forth in subsection (c-2) of
Section 501 of the Illinois Marriage and Dissolution of
Marriage Act.
(A) Right to occupancy. A party has a right to
occupancy of a residence or household if it is solely
or jointly owned or leased by that party, that party's
spouse, a person with a legal duty to support that
party or a minor child in that party's care, or by any
person or entity other than the opposing party that
authorizes that party's occupancy (e.g., a domestic
violence shelter). Standards set forth in subparagraph
(B) shall not preclude equitable relief.
(B) Presumption of hardships. If petitioner and
respondent each has the right to occupancy of a
residence or household, the court shall balance (i)
the hardships to respondent and any minor child or
dependent adult in respondent's care resulting from
entry of this remedy with (ii) the hardships to
petitioner and any minor child or dependent adult in
petitioner's care resulting from continued exposure to
the risk of abuse (should petitioner remain at the
residence or household) or from loss of possession of
the residence or household (should petitioner leave to
avoid the risk of abuse). When determining the balance
of hardships, the court shall also take into account
the accessibility of the residence or household.
Hardships need not be balanced if respondent does not
have a right to occupancy.
The balance of hardships is presumed to favor
possession by petitioner unless the presumption is
rebutted by a preponderance of the evidence, showing
that the hardships to respondent substantially
outweigh the hardships to petitioner and any minor
child or dependent adult in petitioner's care. The
court, on the request of petitioner or on its own
motion, may order respondent to provide suitable,
accessible, alternate housing for petitioner instead
of excluding respondent from a mutual residence or
household.
(3) Stay away order and additional prohibitions. Order
respondent to stay away from petitioner or any other
person protected by the domestic violence order of
protection, or prohibit respondent from entering or
remaining present at petitioner's school, place of
employment, or other specified places at times when
petitioner is present, or both, if reasonable, given the
balance of hardships. Hardships need not be balanced for
the court to enter a stay away order or prohibit entry if
respondent has no right to enter the premises.
(A) If a domestic violence order of protection
grants petitioner exclusive possession of the
residence, prohibits respondent from entering the
residence, or orders respondent to stay away from
petitioner or other protected persons, then the court
may allow respondent access to the residence to remove
items of clothing and personal adornment used
exclusively by respondent, medications, and other
items as the court directs. The right to access shall
be exercised on only one occasion as the court directs
and in the presence of an agreed-upon adult third
party or law enforcement officer.
(B) When the petitioner and the respondent attend
the same public, private, or non-public elementary,
middle, or high school, the court when issuing a
domestic violence order of protection and providing
relief shall consider the severity of the act, any
continuing physical danger or emotional distress to
the petitioner, the educational rights guaranteed to
the petitioner and respondent under federal and State
law, the availability of a transfer of the respondent
to another school, a change of placement or a change of
program of the respondent, the expense, difficulty,
and educational disruption that would be caused by a
transfer of the respondent to another school, and any
other relevant facts of the case. The court may order
that the respondent not attend the public, private, or
non-public elementary, middle, or high school attended
by the petitioner, order that the respondent accept a
change of placement or change of program, as
determined by the school district or private or
non-public school, or place restrictions on the
respondent's movements within the school attended by
the petitioner. The respondent bears the burden of
proving by a preponderance of the evidence that a
transfer, change of placement, or change of program of
the respondent is not available. The respondent also
bears the burden of production with respect to the
expense, difficulty, and educational disruption that
would be caused by a transfer of the respondent to
another school. A transfer, change of placement, or
change of program is not unavailable to the respondent
solely on the ground that the respondent does not
agree with the school district's or private or
non-public school's transfer, change of placement, or
change of program or solely on the ground that the
respondent fails or refuses to consent or otherwise
does not take an action required to effectuate a
transfer, change of placement, or change of program.
When a court orders a respondent to stay away from the
public, private, or non-public school attended by the
petitioner and the respondent requests a transfer to
another attendance center within the respondent's
school district or private or non-public school, the
school district or private or non-public school shall
have sole discretion to determine the attendance
center to which the respondent is transferred. If the
court order results in a transfer of the minor
respondent to another attendance center, a change in
the respondent's placement, or a change of the
respondent's program, the parents, guardian, or legal
custodian of the respondent is responsible for
transportation and other costs associated with the
transfer or change.
(C) The court may order the parents, guardian, or
legal custodian of a minor respondent to take certain
actions or to refrain from taking certain actions to
ensure that the respondent complies with the order. If
the court orders a transfer of the respondent to
another school, the parents, guardian, or legal
custodian of the respondent is responsible for
transportation and other costs associated with the
change of school by the respondent.
(4) Counseling. Require or recommend the respondent to
undergo counseling for a specified duration with a social
worker, psychologist, clinical psychologist,
psychiatrist, family service agency, alcohol or substance
abuse program, mental health center guidance counselor,
agency providing services to elders, program designed for
domestic violence abusers, or any other guidance service
the court deems appropriate. The court may order the
respondent in any intimate partner relationship to report
to an Illinois Department of Human Services protocol
approved partner abuse intervention program for an
assessment and to follow all recommended treatment.
(5) Physical care and possession of the minor child.
In order to protect the minor child from abuse, neglect,
or unwarranted separation from the person who has been the
minor child's primary caretaker, or to otherwise protect
the well-being of the minor child, the court may do either
or both of the following: (i) grant petitioner physical
care or possession of the minor child, or both, or (ii)
order respondent to return a minor child to, or not remove
a minor child from, the physical care of a parent or person
in loco parentis.
If the respondent is charged with abuse (as defined in
Section 112A-3 of this Code) of a minor child, there shall
be a rebuttable presumption that awarding physical care to
respondent would not be in the minor child's best
interest.
(6) Temporary allocation of parental responsibilities
and significant decision-making responsibilities. Award
temporary significant decision-making responsibility to
petitioner in accordance with this Section, the Illinois
Marriage and Dissolution of Marriage Act, the Illinois
Parentage Act of 2015, and this State's Uniform
Child-Custody Jurisdiction and Enforcement Act.
If the respondent is charged with abuse (as defined in
Section 112A-3 of this Code) of a minor child, there shall
be a rebuttable presumption that awarding temporary
significant decision-making responsibility to respondent
would not be in the child's best interest.
(7) Parenting time. Determine the parenting time, if
any, of respondent in any case in which the court awards
physical care or temporary significant decision-making
responsibility of a minor child to petitioner. The court
shall restrict or deny respondent's parenting time with a
minor child if the court finds that respondent has done or
is likely to do any of the following:
(i) abuse or endanger the minor child during
parenting time;
(ii) use the parenting time as an opportunity to
abuse or harass petitioner or petitioner's family or
household members;
(iii) improperly conceal or detain the minor
child; or
(iv) otherwise act in a manner that is not in the
best interests of the minor child.
The court shall not be limited by the standards set
forth in Section 603.10 of the Illinois Marriage and
Dissolution of Marriage Act. If the court grants parenting
time, the order shall specify dates and times for the
parenting time to take place or other specific parameters
or conditions that are appropriate. No order for parenting
time shall refer merely to the term "reasonable parenting
time". Petitioner may deny respondent access to the minor
child if, when respondent arrives for parenting time,
respondent is under the influence of drugs or alcohol and
constitutes a threat to the safety and well-being of
petitioner or petitioner's minor children or is behaving
in a violent or abusive manner. If necessary to protect
any member of petitioner's family or household from future
abuse, respondent shall be prohibited from coming to
petitioner's residence to meet the minor child for
parenting time, and the petitioner and respondent shall
submit to the court their recommendations for reasonable
alternative arrangements for parenting time. A person may
be approved to supervise parenting time only after filing
an affidavit accepting that responsibility and
acknowledging accountability to the court.
(8) Removal or concealment of minor child. Prohibit
respondent from removing a minor child from the State or
concealing the child within the State.
(9) Order to appear. Order the respondent to appear in
court, alone or with a minor child, to prevent abuse,
neglect, removal or concealment of the child, to return
the child to the custody or care of the petitioner, or to
permit any court-ordered interview or examination of the
child or the respondent.
(10) Possession of personal property. Grant petitioner
exclusive possession of personal property and, if
respondent has possession or control, direct respondent to
promptly make it available to petitioner, if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the petitioner and respondent own the
property jointly; sharing it would risk abuse of
petitioner by respondent or is impracticable; and the
balance of hardships favors temporary possession by
petitioner.
If petitioner's sole claim to ownership of the
property is that it is marital property, the court may
award petitioner temporary possession thereof under the
standards of subparagraph (ii) of this paragraph only if a
proper proceeding has been filed under the Illinois
Marriage and Dissolution of Marriage Act, as now or
hereafter amended.
No order under this provision shall affect title to
property.
(11) Protection of property. Forbid the respondent
from taking, transferring, encumbering, concealing,
damaging, or otherwise disposing of any real or personal
property, except as explicitly authorized by the court,
if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the petitioner and respondent own the
property jointly, and the balance of hardships favors
granting this remedy.
If petitioner's sole claim to ownership of the
property is that it is marital property, the court may
grant petitioner relief under subparagraph (ii) of this
paragraph only if a proper proceeding has been filed under
the Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended.
The court may further prohibit respondent from
improperly using the financial or other resources of an
aged member of the family or household for the profit or
advantage of respondent or of any other person.
(11.5) Protection of animals. Grant the petitioner the
exclusive care, custody, or control of any animal owned,
possessed, leased, kept, or held by either the petitioner
or the respondent or a minor child residing in the
residence or household of either the petitioner or the
respondent and order the respondent to stay away from the
animal and forbid the respondent from taking,
transferring, encumbering, concealing, harming, or
otherwise disposing of the animal.
(12) Order for payment of support. Order respondent to
pay temporary support for the petitioner or any child in
the petitioner's care or over whom the petitioner has been
allocated parental responsibility, when the respondent has
a legal obligation to support that person, in accordance
with the Illinois Marriage and Dissolution of Marriage
Act, which shall govern, among other matters, the amount
of support, payment through the clerk and withholding of
income to secure payment. An order for child support may
be granted to a petitioner with lawful physical care of a
child, or an order or agreement for physical care of a
child, prior to entry of an order allocating significant
decision-making responsibility. Such a support order shall
expire upon entry of a valid order allocating parental
responsibility differently and vacating petitioner's
significant decision-making responsibility unless
otherwise provided in the order.
(13) Order for payment of losses. Order respondent to
pay petitioner for losses suffered as a direct result of
the abuse. Such losses shall include, but not be limited
to, medical expenses, lost earnings or other support,
repair or replacement of property damaged or taken,
reasonable attorney's fees, court costs, and moving or
other travel expenses, including additional reasonable
expenses for temporary shelter and restaurant meals.
(i) Losses affecting family needs. If a party is
entitled to seek maintenance, child support, or
property distribution from the other party under the
Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended, the court may order
respondent to reimburse petitioner's actual losses, to
the extent that such reimbursement would be
"appropriate temporary relief", as authorized by
subsection (a)(3) of Section 501 of that Act.
(ii) Recovery of expenses. In the case of an
improper concealment or removal of a minor child, the
court may order respondent to pay the reasonable
expenses incurred or to be incurred in the search for
and recovery of the minor child, including, but not
limited to, legal fees, court costs, private
investigator fees, and travel costs.
(14) Prohibition of entry. Prohibit the respondent
from entering or remaining in the residence or household
while the respondent is under the influence of alcohol or
drugs and constitutes a threat to the safety and
well-being of the petitioner or the petitioner's children.
(14.5) Prohibition of firearm possession.
(A) A person who is subject to an existing
domestic violence order of protection issued under
this Code may not lawfully possess weapons or a
Firearm Owner's Identification Card under Section 8.2
of the Firearm Owners Identification Card Act.
(B) Any firearms in the possession of the
respondent, except as provided in subparagraph (C) of
this paragraph (14.5), shall be ordered by the court
to be turned over to a person with a valid Firearm
Owner's Identification Card for safekeeping. The court
shall issue an order that the respondent comply with
Section 9.5 of the Firearm Owners Identification Card
Act. the respondent's Firearm Owner's Identification
Card be turned over to the local law enforcement
agency, which in turn shall immediately mail the card
to the Department of State Police Firearm Owner's
Identification Card Office for safekeeping. The period
of safekeeping shall be for the duration of the
domestic violence order of protection. The firearm or
firearms and Firearm Owner's Identification Card, if
unexpired, shall at the respondent's request be
returned to the respondent at expiration of the
domestic violence order of protection.
(C) If the respondent is a peace officer as
defined in Section 2-13 of the Criminal Code of 2012,
the court shall order that any firearms used by the
respondent in the performance of his or her duties as a
peace officer be surrendered to the chief law
enforcement executive of the agency in which the
respondent is employed, who shall retain the firearms
for safekeeping for the duration of the domestic
violence order of protection.
(D) Upon expiration of the period of safekeeping,
if the firearms or Firearm Owner's Identification Card
cannot be returned to respondent because respondent
cannot be located, fails to respond to requests to
retrieve the firearms, or is not lawfully eligible to
possess a firearm, upon petition from the local law
enforcement agency, the court may order the local law
enforcement agency to destroy the firearms, use the
firearms for training purposes, or for any other
application as deemed appropriate by the local law
enforcement agency; or that the firearms be turned
over to a third party who is lawfully eligible to
possess firearms, and who does not reside with
respondent.
(15) Prohibition of access to records. If a domestic
violence order of protection prohibits respondent from
having contact with the minor child, or if petitioner's
address is omitted under subsection (b) of Section 112A-5
of this Code, or if necessary to prevent abuse or wrongful
removal or concealment of a minor child, the order shall
deny respondent access to, and prohibit respondent from
inspecting, obtaining, or attempting to inspect or obtain,
school or any other records of the minor child who is in
the care of petitioner.
(16) Order for payment of shelter services. Order
respondent to reimburse a shelter providing temporary
housing and counseling services to the petitioner for the
cost of the services, as certified by the shelter and
deemed reasonable by the court.
(17) Order for injunctive relief. Enter injunctive
relief necessary or appropriate to prevent further abuse
of a family or household member or to effectuate one of the
granted remedies, if supported by the balance of
hardships. If the harm to be prevented by the injunction
is abuse or any other harm that one of the remedies listed
in paragraphs (1) through (16) of this subsection is
designed to prevent, no further evidence is necessary to
establish that the harm is an irreparable injury.
(18) Telephone services.
(A) Unless a condition described in subparagraph
(B) of this paragraph exists, the court may, upon
request by the petitioner, order a wireless telephone
service provider to transfer to the petitioner the
right to continue to use a telephone number or numbers
indicated by the petitioner and the financial
responsibility associated with the number or numbers,
as set forth in subparagraph (C) of this paragraph. In
this paragraph (18), the term "wireless telephone
service provider" means a provider of commercial
mobile service as defined in 47 U.S.C. 332. The
petitioner may request the transfer of each telephone
number that the petitioner, or a minor child in his or
her custody, uses. The clerk of the court shall serve
the order on the wireless telephone service provider's
agent for service of process provided to the Illinois
Commerce Commission. The order shall contain all of
the following:
(i) The name and billing telephone number of
the account holder including the name of the
wireless telephone service provider that serves
the account.
(ii) Each telephone number that will be
transferred.
(iii) A statement that the provider transfers
to the petitioner all financial responsibility for
and right to the use of any telephone number
transferred under this paragraph.
(B) A wireless telephone service provider shall
terminate the respondent's use of, and shall transfer
to the petitioner use of, the telephone number or
numbers indicated in subparagraph (A) of this
paragraph unless it notifies the petitioner, within 72
hours after it receives the order, that one of the
following applies:
(i) The account holder named in the order has
terminated the account.
(ii) A difference in network technology would
prevent or impair the functionality of a device on
a network if the transfer occurs.
(iii) The transfer would cause a geographic or
other limitation on network or service provision
to the petitioner.
(iv) Another technological or operational
issue would prevent or impair the use of the
telephone number if the transfer occurs.
(C) The petitioner assumes all financial
responsibility for and right to the use of any
telephone number transferred under this paragraph. In
this paragraph, "financial responsibility" includes
monthly service costs and costs associated with any
mobile device associated with the number.
(D) A wireless telephone service provider may
apply to the petitioner its routine and customary
requirements for establishing an account or
transferring a number, including requiring the
petitioner to provide proof of identification,
financial information, and customer preferences.
(E) Except for willful or wanton misconduct, a
wireless telephone service provider is immune from
civil liability for its actions taken in compliance
with a court order issued under this paragraph.
(F) All wireless service providers that provide
services to residential customers shall provide to the
Illinois Commerce Commission the name and address of
an agent for service of orders entered under this
paragraph (18). Any change in status of the registered
agent must be reported to the Illinois Commerce
Commission within 30 days of such change.
(G) The Illinois Commerce Commission shall
maintain the list of registered agents for service for
each wireless telephone service provider on the
Commission's website. The Commission may consult with
wireless telephone service providers and the Circuit
Court Clerks on the manner in which this information
is provided and displayed.
(c) Relevant factors; findings.
(1) In determining whether to grant a specific remedy,
other than payment of support, the court shall consider
relevant factors, including, but not limited to, the
following:
(i) the nature, frequency, severity, pattern, and
consequences of the respondent's past abuse of the
petitioner or any family or household member,
including the concealment of his or her location in
order to evade service of process or notice, and the
likelihood of danger of future abuse to petitioner or
any member of petitioner's or respondent's family or
household; and
(ii) the danger that any minor child will be
abused or neglected or improperly relocated from the
jurisdiction, improperly concealed within the State,
or improperly separated from the child's primary
caretaker.
(2) In comparing relative hardships resulting to the
parties from loss of possession of the family home, the
court shall consider relevant factors, including, but not
limited to, the following:
(i) availability, accessibility, cost, safety,
adequacy, location, and other characteristics of
alternate housing for each party and any minor child
or dependent adult in the party's care;
(ii) the effect on the party's employment; and
(iii) the effect on the relationship of the party,
and any minor child or dependent adult in the party's
care, to family, school, church, and community.
(3) Subject to the exceptions set forth in paragraph
(4) of this subsection (c), the court shall make its
findings in an official record or in writing, and shall at
a minimum set forth the following:
(i) That the court has considered the applicable
relevant factors described in paragraphs (1) and (2)
of this subsection (c).
(ii) Whether the conduct or actions of respondent,
unless prohibited, will likely cause irreparable harm
or continued abuse.
(iii) Whether it is necessary to grant the
requested relief in order to protect petitioner or
other alleged abused persons.
(4) (Blank).
(5) Never married parties. No rights or
responsibilities for a minor child born outside of
marriage attach to a putative father until a father and
child relationship has been established under the Illinois
Parentage Act of 1984, the Illinois Parentage Act of 2015,
the Illinois Public Aid Code, Section 12 of the Vital
Records Act, the Juvenile Court Act of 1987, the Probate
Act of 1975, the Uniform Interstate Family Support Act,
the Expedited Child Support Act of 1990, any judicial,
administrative, or other act of another state or
territory, any other statute of this State, or by any
foreign nation establishing the father and child
relationship, any other proceeding substantially in
conformity with the federal Personal Responsibility and
Work Opportunity Reconciliation Act of 1996, or when both
parties appeared in open court or at an administrative
hearing acknowledging under oath or admitting by
affirmation the existence of a father and child
relationship. Absent such an adjudication, no putative
father shall be granted temporary allocation of parental
responsibilities, including parenting time with the minor
child, or physical care and possession of the minor child,
nor shall an order of payment for support of the minor
child be entered.
(d) Balance of hardships; findings. If the court finds
that the balance of hardships does not support the granting of
a remedy governed by paragraph (2), (3), (10), (11), or (16) of
subsection (b) of this Section, which may require such
balancing, the court's findings shall so indicate and shall
include a finding as to whether granting the remedy will
result in hardship to respondent that would substantially
outweigh the hardship to petitioner from denial of the remedy.
The findings shall be an official record or in writing.
(e) Denial of remedies. Denial of any remedy shall not be
based, in whole or in part, on evidence that:
(1) respondent has cause for any use of force, unless
that cause satisfies the standards for justifiable use of
force provided by Article 7 of the Criminal Code of 2012;
(2) respondent was voluntarily intoxicated;
(3) petitioner acted in self-defense or defense of
another, provided that, if petitioner utilized force, such
force was justifiable under Article 7 of the Criminal Code
of 2012;
(4) petitioner did not act in self-defense or defense
of another;
(5) petitioner left the residence or household to
avoid further abuse by respondent;
(6) petitioner did not leave the residence or
household to avoid further abuse by respondent; or
(7) conduct by any family or household member excused
the abuse by respondent, unless that same conduct would
have excused such abuse if the parties had not been family
or household members.
(Source: P.A. 100-199, eff. 1-1-18; 100-388, eff. 1-1-18;
100-597, eff. 6-29-18; 100-863, eff. 8-14-18; 100-923, eff.
1-1-19; 101-81, eff. 7-12-19.)
Section 40. The Unified Code of Corrections is amended by
changing Section 5-4-3a as follows:
(730 ILCS 5/5-4-3a)
Sec. 5-4-3a. DNA testing backlog accountability.
(a) On or before August 1 of each year, the Department of
State Police shall report to the Governor and both houses of
the General Assembly the following information:
(1) the extent of the backlog of cases awaiting
testing or awaiting DNA analysis by that Department,
including but not limited to those tests conducted under
Section 5-4-3, as of June 30 of the previous fiscal year,
with the backlog being defined as all cases awaiting
forensic testing whether in the physical custody of the
State Police or in the physical custody of local law
enforcement, provided that the State Police have written
notice of any evidence in the physical custody of local
law enforcement prior to June 1 of that year; and
(2) what measures have been and are being taken to
reduce that backlog and the estimated costs or
expenditures in doing so.
(b) The information reported under this Section shall be
made available to the public, at the time it is reported, on
the official web site of the Department of State Police.
(c) Beginning January 1, 2016, the Department of State
Police shall quarterly report on the status of the processing
of forensic biology and DNA evidence submitted to the
Department of State Police Laboratory for analysis. The report
shall be submitted to the Governor and the General Assembly,
and shall be posted on the Department of State Police website.
The report shall include the following for each State Police
Laboratory location and any laboratory to which the Department
of State Police has outsourced evidence for testing:
(1) For forensic biology submissions, report both
total case and sexual assault or abuse case (as defined by
the Sexual Assault Evidence Submission Act) figures for:
(A) The number of cases received in the preceding
quarter.
(B) The number of cases completed in the preceding
quarter.
(C) The number of cases waiting analysis.
(D) The number of cases sent for outsourcing.
(E) The number of cases waiting analysis that were
received within the past 30 days.
(F) The number of cases waiting analysis that were
received 31 to 90 days prior.
(G) The number of cases waiting analysis that were
received 91 to 180 days prior.
(H) The number of cases waiting analysis that were
received 181 to 365 days prior.
(I) The number of cases waiting analysis that were
received more than 365 days prior.
(J) The number of cases forwarded for DNA
analyses.
(2) For DNA submissions, report both total case and
sexual assault or abuse case (as defined by the Sexual
Assault Evidence Submission Act) figures for:
(A) The number of cases received in the preceding
quarter.
(B) The number of cases completed in the preceding
quarter.
(C) The number of cases waiting analysis.
(D) The number of cases sent for outsourcing.
(E) The number of cases waiting analysis that were
received within the past 30 days.
(F) The number of cases waiting analysis that were
received 31 to 90 days prior.
(G) The number of cases waiting analysis that were
received 91 to 180 days prior.
(H) The number of cases waiting analysis that were
received 181 to 365 days prior.
(I) The number of cases waiting analysis that were
received more than 365 days prior.
(3) For all other categories of testing (e.g., drug
chemistry, firearms/toolmark, footwear/tire track, latent
prints, toxicology, and trace chemistry analysis):
(A) The number of cases received in the preceding
quarter.
(B) The number of cases completed in the preceding
quarter.
(C) The number of cases waiting analysis.
(D) The number of cases entered in the National
Integrated Ballistic Information Network (NIBIN).
(E) The number of investigative leads developed
from National Integrated Ballistic Information Network
(NIBIN) analysis.
(4) For the Combined DNA Index System (CODIS), report
both total case and sexual assault or abuse case (as
defined by the Sexual Assault Evidence Submission Act)
figures for subparagraphs (D), (E), and (F) of this
paragraph (4):
(A) The number of new offender samples received in
the preceding quarter.
(B) The number of offender samples uploaded to
CODIS in the preceding quarter.
(C) The number of offender samples awaiting
analysis.
(D) The number of unknown DNA case profiles
uploaded to CODIS in the preceding quarter.
(E) The number of CODIS hits in the preceding
quarter.
(F) The number of forensic evidence submissions
submitted to confirm a previously reported CODIS hit.
(5) For each category of testing, report the number of
trained forensic scientists and the number of forensic
scientists in training.
As used in this subsection (c), "completed" means
completion of both the analysis of the evidence and the
provision of the results to the submitting law enforcement
agency.
(d) The provisions of this subsection (d), other than this
sentence, are inoperative on and after January 1, 2019 or 2
years after the effective date of this amendatory Act of the
99th General Assembly, whichever is later. In consultation
with and subject to the approval of the Chief Procurement
Officer, the Department of State Police may obtain contracts
for services, commodities, and equipment to assist in the
timely completion of forensic biology, DNA, drug chemistry,
firearms/toolmark, footwear/tire track, latent prints,
toxicology, microscopy, trace chemistry, and Combined DNA
Index System (CODIS) analysis. Contracts to support the
delivery of timely forensic science services are not subject
to the provisions of the Illinois Procurement Code, except for
Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of
that Code, provided that the Chief Procurement Officer may, in
writing with justification, waive any certification required
under Article 50 of the Illinois Procurement Code. For any
contracts for services which are currently provided by members
of a collective bargaining agreement, the applicable terms of
the collective bargaining agreement concerning subcontracting
shall be followed.
(Source: P.A. 99-352, eff. 1-1-16; 99-801, eff. 1-1-17.)
Section 90. Illinois State Police; adoption of rules. The
Illinois State Police shall adopt rules to implement this Act.
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
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