Bill Text: IL HB0850 | 2025-2026 | 104th General Assembly | Chaptered

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Bill Title: Amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Provides that the Illinois State Police shall conduct an analysis of the cumulative data regarding the disposition of cases involving a stolen firearm or a firearm with an obliterated serial number that was used or alleged to have been used in the commission of an offense and make that information available on the Illinois State Police publicly accessible databases. Provides that the Illinois State Police shall publish the results of its analysis in a report to the General Assembly, Governor, and Attorney General and shall make the report available on its website. Amends the Criminal Identification Act. Provides that the final disposition information that must be provided by the clerks of the circuit court to the Illinois State Police shall include for each charge in any case in which a firearm is alleged to have been used in the commission of an offense, the serial number of any firearm involved in the case, or if the serial number was obliterated, as provided by the State's Attorney to the clerk of the circuit court at the time of disposition. Deletes the amendatory changes to the sentencing hearing provisions of the Unified Code of Corrections. Amends the Firearm Owners Identification Card Act. Provides that the Illinois State Police must deny the application or suspend or revoke a person's Firearm Owner's Identification Card upon receipt of a report from the Department of Human Services that an applicant or owner poses a clear and present danger. Requires the Department of Human Services to provide by rule for such a report. Makes similar changes if a law enforcement or school administrator notifies the Illinois State Police that a person poses a clear and present danger. Requires any information disclosed under the Act to be confidential. Prohibits the information from being redisclosed or used for any other purpose except as otherwise allowed by law. Provides that the identity of the reporting person, if the reporting person is a law enforcement officer or school administrator, may be disclosed only to the subject of the report if required by the Firearm Owner's Identification Card Review Board or a court as authorized under the Act. Requires that no later than January 1, 2026, the Firearm Owner's Identification Card Review Board must establish a process by which any person who is subject to the provisions of the Act can request expedited review from the Board. Requires that the Illinois State Police must provide the Board or any court with jurisdiction all records relevant to the request for relief. Allows the Illinois State Police and the individual seeking expedited relief to seek judicial review upon receipt of a final administrative decision under the Act. Provides that the Board, Illinois State Police, or employees and agents of the Board and Illinois State Police participating in the process under the Act may not be held liable for damages in any civil action arising from the alleged wrongful or improper granting, denying, renewing, revoking, suspending, or failing to grant, deny, renew, revoke, or suspend a Firearm Owner's Identification Card. Provides that, if and only if Senate Bill 8 of the 104th General Assembly becomes law in the form passed by the Senate on April 10, 2025, then the Unified Code of Corrections is amended to delete from a provision concerning sentencing hearings the changes made to that provision by Senate Bill 8. Effective immediately, except that (i) some provisions take effect on January 1, 2026 and (ii) other provisions take effect immediately or upon the date Senate Bill 8 of the 104th General Assembly takes effect, whichever is later.

Sponsorship: Partisan Bill (Democrat 30)

Status: (Passed) 2025-06-16 - Public Act . . . . . . . . . 104-0005 [HB0850 Detail]

Download: Illinois-2025-HB0850-Chaptered.html

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Public Act 104-0005
HB0850 Enrolled LRB104 04748 BDA 14775 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The Illinois State Police Law of the Civil
Administrative Code of Illinois is amended by adding Section
2605-625 as follows:
(20 ILCS 2605/2605-625 new)
Sec. 2605-625. Analysis and report of cumulative data
concerning stolen firearms or firearms with obliterated serial
numbers that were used or alleged to have been used in the
commission of offenses. The Illinois State Police shall
conduct an analysis of the cumulative data regarding the
disposition of cases involving a stolen firearm or a firearm
with an obliterated serial number that was used or alleged to
have been used in the commission of an offense and make that
information available on the Illinois State Police publicly
accessible databases. The Illinois State Police shall publish
the results of its analysis in a report to the General
Assembly, Governor, and Attorney General and shall make the
report available on its website.
Section 4. The Criminal Identification Act is amended by
changing Section 2.1 as follows:

(20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
Sec. 2.1. For the purpose of maintaining complete and
accurate criminal records of the Illinois State Police, it is
necessary for all policing bodies of this State, the clerk of
the circuit court, the Illinois Department of Corrections, the
sheriff of each county, and State's Attorney of each county to
submit certain criminal arrest, charge, and disposition
information to the Illinois State Police for filing at the
earliest time possible. Unless otherwise noted herein, it
shall be the duty of all policing bodies of this State, the
clerk of the circuit court, the Illinois Department of
Corrections, the sheriff of each county, and the State's
Attorney of each county to report such information as provided
in this Section, both in the form and manner required by the
Illinois State Police and within 30 days of the criminal
history event. Specifically:
(a) Arrest Information. All agencies making arrests
for offenses which are required by statute to be
collected, maintained or disseminated by the Illinois
State Police shall be responsible for furnishing daily to
the Illinois State Police fingerprints, charges and
descriptions of all persons who are arrested for such
offenses. All such agencies shall also notify the Illinois
State Police of all decisions by the arresting agency not
to refer such arrests for prosecution. With approval of

the Illinois State Police, an agency making such arrests
may enter into arrangements with other agencies for the
purpose of furnishing daily such fingerprints, charges and
descriptions to the Illinois State Police upon its behalf.
(b) Charge Information. The State's Attorney of each
county shall notify the Illinois State Police of all
charges filed and all petitions filed alleging that a
minor is delinquent, including all those added subsequent
to the filing of a case, and whether charges were not filed
in cases for which the Illinois State Police has received
information required to be reported pursuant to paragraph
(a) of this Section. With approval of the Illinois State
Police, the State's Attorney may enter into arrangements
with other agencies for the purpose of furnishing the
information required by this subsection (b) to the
Illinois State Police upon the State's Attorney's behalf.
(c) Disposition Information. The clerk of the circuit
court of each county shall furnish the Illinois State
Police, in the form and manner required by the Supreme
Court, with all final dispositions of cases for which the
Illinois State Police has received information required to
be reported pursuant to paragraph (a) or (d) of this
Section. Such information shall include, for each charge,
all (1) judgments of not guilty, judgments of guilty
including the sentence pronounced by the court with
statutory citations to the relevant sentencing provision,

findings that a minor is delinquent and any sentence made
based on those findings, discharges and dismissals in the
court; (2) reviewing court orders filed with the clerk of
the circuit court which reverse or remand a reported
conviction or findings that a minor is delinquent or that
vacate or modify a sentence or sentence made following a
trial that a minor is delinquent; (3) continuances to a
date certain in furtherance of an order of supervision
granted under Section 5-6-1 of the Unified Code of
Corrections or an order of probation granted under Section
10 of the Cannabis Control Act, Section 410 of the
Illinois Controlled Substances Act, Section 70 of the
Methamphetamine Control and Community Protection Act,
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
the Criminal Code of 1961 or the Criminal Code of 2012,
Section 10-102 of the Illinois Alcoholism and Other Drug
Dependency Act, Section 40-10 of the Substance Use
Disorder Act, Section 10 of the Steroid Control Act, or
Section 5-615 of the Juvenile Court Act of 1987; and (4)
judgments or court orders terminating or revoking a
sentence to or juvenile disposition of probation,
supervision or conditional discharge and any resentencing
or new court orders entered by a juvenile court relating
to the disposition of a minor's case involving delinquency
after such revocation; and (5) in any case in which a
firearm is alleged to have been used in the commission of

an offense, the serial number of any firearm involved in
the case, or if the serial number was obliterated, as
provided by the State's Attorney to the clerk of the
circuit court at the time of disposition.
(d) Fingerprints After Sentencing.
(1) After the court pronounces sentence, sentences
a minor following a trial in which a minor was found to
be delinquent or issues an order of supervision or an
order of probation granted under Section 10 of the
Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, Section 70 of the
Methamphetamine Control and Community Protection Act,
Section 12-4.3 or subdivision (b)(1) of Section
12-3.05 of the Criminal Code of 1961 or the Criminal
Code of 2012, Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section
40-10 of the Substance Use Disorder Act, Section 10 of
the Steroid Control Act, or Section 5-615 of the
Juvenile Court Act of 1987 for any offense which is
required by statute to be collected, maintained, or
disseminated by the Illinois State Police, the State's
Attorney of each county shall ask the court to order a
law enforcement agency to fingerprint immediately all
persons appearing before the court who have not
previously been fingerprinted for the same case. The
court shall so order the requested fingerprinting, if

it determines that any such person has not previously
been fingerprinted for the same case. The law
enforcement agency shall submit such fingerprints to
the Illinois State Police daily.
(2) After the court pronounces sentence or makes a
disposition of a case following a finding of
delinquency for any offense which is not required by
statute to be collected, maintained, or disseminated
by the Illinois State Police, the prosecuting attorney
may ask the court to order a law enforcement agency to
fingerprint immediately all persons appearing before
the court who have not previously been fingerprinted
for the same case. The court may so order the requested
fingerprinting, if it determines that any so sentenced
person has not previously been fingerprinted for the
same case. The law enforcement agency may retain such
fingerprints in its files.
(e) Corrections Information. The Illinois Department
of Corrections and the sheriff of each county shall
furnish the Illinois State Police with all information
concerning the receipt, escape, execution, death, release,
pardon, parole, commutation of sentence, granting of
executive clemency or discharge of an individual who has
been sentenced or committed to the agency's custody for
any offenses which are mandated by statute to be
collected, maintained or disseminated by the Illinois

State Police. For an individual who has been charged with
any such offense and who escapes from custody or dies
while in custody, all information concerning the receipt
and escape or death, whichever is appropriate, shall also
be so furnished to the Illinois State Police.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 5. The Firearm Owners Identification Card Act is
amended by changing Sections 8.1, 10, and 11 and by adding
Section 15c as follows:
(430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
Sec. 8.1. Notifications to the Illinois State Police.
(a) The Circuit Clerk shall, in the form and manner
required by the Supreme Court, notify the Illinois State
Police of all final dispositions of cases for which the
Department has received information reported to it under
Sections 2.1 and 2.2 of the Criminal Identification Act.
(b) Upon adjudication of any individual as a person with a
mental disability as defined in Section 1.1 of this Act or a
finding that a person has been involuntarily admitted, the
court shall direct the circuit court clerk to immediately
notify the Illinois State Police, Firearm Owner's
Identification (FOID) department, and shall forward a copy of
the court order to the Department.
(b-1) Beginning July 1, 2016, and each July 1 and December

30 of every year thereafter, the circuit court clerk shall, in
the form and manner prescribed by the Illinois State Police,
notify the Illinois State Police, Firearm Owner's
Identification (FOID) department if the court has not directed
the circuit court clerk to notify the Illinois State Police,
Firearm Owner's Identification (FOID) department under
subsection (b) of this Section, within the preceding 6 months,
because no person has been adjudicated as a person with a
mental disability by the court as defined in Section 1.1 of
this Act or if no person has been involuntarily admitted. The
Supreme Court may adopt any orders or rules necessary to
identify the persons who shall be reported to the Illinois
State Police under subsection (b), or any other orders or
rules necessary to implement the requirements of this Act.
(c) The Department of Human Services shall, in the form
and manner prescribed by the Illinois State Police, report all
information collected under subsection (b) of Section 12 of
the Mental Health and Developmental Disabilities
Confidentiality Act for the purpose of determining whether a
person who may be or may have been a patient in a mental health
facility is disqualified under State or federal law from
receiving or retaining a Firearm Owner's Identification Card,
or purchasing a weapon.
(d) If a person is determined to pose a clear and present
danger to himself, herself, or to others:
(1) by a physician, clinical psychologist, or

qualified examiner, or is determined to have a
developmental disability by a physician, clinical
psychologist, or qualified examiner, whether employed by
the State or privately, then the physician, clinical
psychologist, or qualified examiner shall, within 24 hours
of making the determination, notify the Department of
Human Services that the person poses a clear and present
danger or has a developmental disability; or
(2) by a law enforcement official or school
administrator, then the law enforcement official or school
administrator shall, within 24 hours of making the
determination, notify the Illinois State Police that the
person poses a clear and present danger.
The Department of Human Services shall immediately update
its records and information relating to mental health and
developmental disabilities, and if appropriate, shall under
paragraph (1) of subsection (d) of this Section notify the
Illinois State Police in a form and manner prescribed by the
Illinois State Police. The Illinois State Police shall deny
the application or suspend or determine whether to revoke the
person's Firearm Owner's Identification Card under Section 8
of this Act. Any information disclosed under this subsection
shall remain privileged and confidential, and shall not be
redisclosed, except as required under subsection (e) of
Section 3.1 and subsection (c-5) or (f) of Section 10 of this
Act, nor used for any other purpose. The method of providing

this information shall guarantee that the information is not
released beyond what is necessary for the purpose of these
Sections. Reports from the Department of Human Services this
Section and shall be provided by rule by the Department of
Human Services. The identity of the person reporting under
paragraph (1) of subsection (d) of this Section shall only not
be disclosed to the subject of the report if required by the
Board or a court with jurisdiction consistent with proceedings
under subsections (c-5) or (f) of Section 10 of this Act.
The law enforcement official or school administrator under
paragraph (2) of subsection (d) of this Section shall notify
the Illinois State Police in the form and manner prescribed by
the Illinois State Police. The Illinois State Police shall
determine whether to deny the application or suspend or revoke
the person's Firearm Owner's Identification Card under Section
8 of this Act. Any information disclosed under this subsection
shall remain confidential and shall not be redisclosed or used
for any other purpose except as required under subsection (e)
of Section 3.1 and subsection (c-5) or (f) of Section 10 of
this Act. The method of providing this information shall
guarantee that the information is not released beyond what is
necessary for the purpose of these Sections. The identity of
the person reporting under paragraph (2) of subsection (d) of
this Section shall be disclosed only to the subject of the
report if required by the Board or a court with jurisdiction
consistent with proceedings under subsection (c-5) or (f) of

Section 10 this Act.
The physician, clinical psychologist, qualified examiner,
law enforcement official, or school administrator making the
determination and his or her employer shall not be held
criminally, civilly, or professionally liable for making or
not making the notification required under this subsection,
except for willful or wanton misconduct.
(e) The Illinois State Police shall adopt rules to
implement this Section.
(Source: P.A. 102-538, eff. 8-20-21.)
(430 ILCS 65/10) (from Ch. 38, par. 83-10)
Sec. 10. Appeals; hearing; relief from firearm
prohibitions.
(a) Whenever an application for a Firearm Owner's
Identification Card is denied or whenever such a Card is
suspended or revoked or seized as provided for in Section 8,
8.2, or 8.3 of this Act, upon complying with the requirements
of Section 9.5 of the 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 such denial, suspension, or revocation unless the

denial, suspension, or revocation 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 such denial or revocation.
(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 members shall
have actual experience in law, education, social work,
behavioral sciences, law enforcement, or community affairs
or in a combination of those areas.
(2) The terms of the members initially appointed after
January 1, 2022 (the effective date of Public Act 102-237)
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, beginning July 1, 2023,
shall be compensated from appropriations provided to the
Comptroller for this purpose. Members 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 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 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 or court may grant
such relief if it is established by the applicant to the
court's or the Board'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 or a Department of Corrections employee
authorized to possess firearms 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 requesting
relief if the officer or employee did not act in a manner
threatening to the officer or employee, 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 or employee 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 or employee has not left the mental
institution against medical advice.
(2) The Firearm Owner's Identification Card Review Board
shall grant expedited relief to active law enforcement
officers and employees described in paragraph (1) of this
subsection (c-5) upon a determination by the Board that the
officer's or employee's possession of a firearm does not
present a threat to themselves, others, or public safety. The

Board shall act on the request for relief within 30 business
days of receipt of:
(A) a notarized statement from the officer or employee
in the form prescribed by the Board 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 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 and employees 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 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.
(5) No later than January 1, 2026, the Firearm Owner's
Identification Card Review Board shall establish a process by
which any person who is subject to the provisions of
subsection (f) of Section 8 of this Act may request expedited
review from the Firearm Owner's Identification Card Review
Board.
(A) The Board shall disclose to an individual
requesting an expedited review any information relating to
the individual that was provided by the Department under
subsection (d) of Section 8.1, subject to redactions.
(B) The individual requesting expedited review may
submit to the Firearm Owner's Identification Card Review
Board an objection to any redaction made pursuant to
subparagraph (A) of paragraph (5) of subsection (c-5) of
this Section. The objection must specify the basis for the
individual's belief that the redacted information is
necessary for a full and fair review.
(C) In determining whether information should be
unredacted, the Board may consider any relevant factor,
including, but not limited to, (i) the extent to which the
disclosure of such information is necessary to provide the
individual with a meaningful opportunity to understand,
respond to, or rebut evidence for the basis for the denial
or revocation and (ii) the safety and well-being of any
person who, directly or indirectly, is the source or

reporter of such information.
(D) The Board, Illinois State Police, or the employees
and agents of the Board and Illinois State Police
participating in this process under this Act shall not be
held liable for damages in any civil action arising from
the disclosure or non-disclosure of the information
released to an individual as part of this process.
(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 requesting relief.
(2) The Board shall act on the request for relief within 60
business days of receipt of written certification, in the form
prescribed by the Board, 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 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
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 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
apply to requests for relief pending on or before July 10, 2015
(the effective date of Public Act 99-29), 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). 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 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 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 Board Illinois State
Police requesting relief from that prohibition. The Board
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 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.
Notwithstanding any other provision of this Act or any other

law to the contrary, the Illinois State Police shall provide
the Board or any court with jurisdiction with all records
relevant to the request for relief under Section 8.1. 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 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 State Police shall
adopt rules for the administration of this Section.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1115, eff.
1-9-23; 102-1129, eff. 2-10-23; 103-605, eff. 7-1-24.)
(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 under this Act,
including final administrative decisions of the Firearm
Owner's Identification Card Review Board made under the
expedited review process established under paragraph (5) of
subsection (c-5) of Section 10 of this Act, except final
administrative decisions of the Firearm Owner's Identification

Card Review Board 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. The Illinois State
Police or the individual seeking expedited relief may seek
judicial review upon receipt of a final administrative
decision under paragraph (5) of subsection (c-5) of Section 10
of this Act.
(b) Any final administrative decision by the Firearm
Owner's Identification Card Review Board 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
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
Firearm Owner's Identification Card Review Board Illinois
State Police.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

102-813, eff. 5-13-22.)
(430 ILCS 65/15c new)
Sec. 15c. Civil immunity; Board, employees, and agents.
The Board and its employees and agents who participate in the
process established under this Act and the Illinois State
Police and its employees and agents who participate in the
process established under this Act shall not be held liable
for damages in any civil action arising from the alleged
wrongful or improper granting, denying, renewing, revoking,
suspending, or failing to grant, deny, renew, revoke, or
suspend a Firearm Owner's Identification Card.
Section 6. If and only if Senate Bill 8 of the 104th
General Assembly becomes law in the form in which it passed the
Senate on April 10, 2025, then the Unified Code of Corrections
is amended by changing Section 5-4-1 as follows:
(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
Sec. 5-4-1. Sentencing hearing.
(a) After a determination of guilt, a hearing shall be
held to impose the sentence. However, prior to the imposition
of sentence on an individual being sentenced for an offense
based upon a charge for a violation of Section 11-501 of the
Illinois Vehicle Code or a similar provision of a local
ordinance, the individual must undergo a professional

evaluation to determine if an alcohol or other drug abuse
problem exists and the extent of such a problem. Programs
conducting these evaluations shall be licensed by the
Department of Human Services. However, if the individual is
not a resident of Illinois, the court may, in its discretion,
accept an evaluation from a program in the state of such
individual's residence. The court shall make a specific
finding about whether the defendant is eligible for
participation in a Department impact incarceration program as
provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an
explanation as to why a sentence to impact incarceration is
not an appropriate sentence. The court may in its sentencing
order recommend a defendant for placement in a Department of
Corrections substance abuse treatment program as provided in
paragraph (a) of subsection (1) of Section 3-2-2 conditioned
upon the defendant being accepted in a program by the
Department of Corrections. At the hearing the court shall:
(1) consider the evidence, if any, received upon the
trial;
(2) consider any presentence reports;
(3) consider the financial impact of incarceration
based on the financial impact statement filed with the
clerk of the court by the Department of Corrections;
(4) consider evidence and information offered by the
parties in aggravation and mitigation;
(4.5) consider substance abuse treatment, eligibility

screening, and an assessment, if any, of the defendant by
an agent designated by the State of Illinois to provide
assessment services for the Illinois courts;
(5) hear arguments as to sentencing alternatives;
(6) afford the defendant the opportunity to make a
statement in his own behalf;
(7) afford the victim of a violent crime or a
violation of Section 11-501 of the Illinois Vehicle Code,
or a similar provision of a local ordinance, the
opportunity to present an oral or written statement, as
guaranteed by Article I, Section 8.1 of the Illinois
Constitution and provided in Section 6 of the Rights of
Crime Victims and Witnesses Act. The court shall allow a
victim to make an oral statement if the victim is present
in the courtroom and requests to make an oral or written
statement. An oral or written statement includes the
victim or a representative of the victim reading the
written statement. The court may allow persons impacted by
the crime who are not victims under subsection (a) of
Section 3 of the Rights of Crime Victims and Witnesses Act
to present an oral or written statement. A victim and any
person making an oral statement shall not be put under
oath or subject to cross-examination. All statements
offered under this paragraph (7) shall become part of the
record of the court. In this paragraph (7), "victim of a
violent crime" means a person who is a victim of a violent

crime for which the defendant has been convicted after a
bench or jury trial or a person who is the victim of a
violent crime with which the defendant was charged and the
defendant has been convicted under a plea agreement of a
crime that is not a violent crime as defined in subsection
(c) of 3 of the Rights of Crime Victims and Witnesses Act;
(7.5) afford a qualified person affected by: (i) a
violation of Section 405, 405.1, 405.2, or 407 of the
Illinois Controlled Substances Act or a violation of
Section 55 or Section 65 of the Methamphetamine Control
and Community Protection Act; or (ii) a Class 4 felony
violation of Section 11-14, 11-14.3 except as described in
subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,
11-18.1, or 11-19 of the Criminal Code of 1961 or the
Criminal Code of 2012, committed by the defendant the
opportunity to make a statement concerning the impact on
the qualified person and to offer evidence in aggravation
or mitigation; provided that the statement and evidence
offered in aggravation or mitigation shall first be
prepared in writing in conjunction with the State's
Attorney before it may be presented orally at the hearing.
Sworn testimony offered by the qualified person is subject
to the defendant's right to cross-examine. All statements
and evidence offered under this paragraph (7.5) shall
become part of the record of the court. In this paragraph
(7.5), "qualified person" means any person who: (i) lived

or worked within the territorial jurisdiction where the
offense took place when the offense took place; or (ii) is
familiar with various public places within the territorial
jurisdiction where the offense took place when the offense
took place. "Qualified person" includes any peace officer
or any member of any duly organized State, county, or
municipal peace officer unit assigned to the territorial
jurisdiction where the offense took place when the offense
took place;
(8) in cases of reckless homicide afford the victim's
spouse, guardians, parents or other immediate family
members an opportunity to make oral statements;
(9) in cases involving a felony sex offense as defined
under the Sex Offender Management Board Act, consider the
results of the sex offender evaluation conducted pursuant
to Section 5-3-2 of this Act; and
(10) make a finding of whether a motor vehicle was
used in the commission of the offense for which the
defendant is being sentenced. ; and
(11) make a finding of whether a firearm with a serial
number reported as stolen on the Illinois State Police
publicly accessible stolen firearms database was used in
the commission of the offense for which the defendant is
being sentenced.
(b) All sentences shall be imposed by the judge based upon
his independent assessment of the elements specified above and

any agreement as to sentence reached by the parties. The judge
who presided at the trial or the judge who accepted the plea of
guilty shall impose the sentence unless he is no longer
sitting as a judge in that court. Where the judge does not
impose sentence at the same time on all defendants who are
convicted as a result of being involved in the same offense,
the defendant or the State's Attorney may advise the
sentencing court of the disposition of any other defendants
who have been sentenced.
(b-1) In imposing a sentence of imprisonment or periodic
imprisonment for a Class 3 or Class 4 felony for which a
sentence of probation or conditional discharge is an available
sentence, if the defendant has no prior sentence of probation
or conditional discharge and no prior conviction for a violent
crime, the defendant shall not be sentenced to imprisonment
before review and consideration of a presentence report and
determination and explanation of why the particular evidence,
information, factor in aggravation, factual finding, or other
reasons support a sentencing determination that one or more of
the factors under subsection (a) of Section 5-6-1 of this Code
apply and that probation or conditional discharge is not an
appropriate sentence.
(c) In imposing a sentence for a violent crime or for an
offense of operating or being in physical control of a vehicle
while under the influence of alcohol, any other drug or any
combination thereof, or a similar provision of a local

ordinance, when such offense resulted in the personal injury
to someone other than the defendant, the trial judge shall
specify on the record the particular evidence, information,
factors in mitigation and aggravation or other reasons that
led to his sentencing determination. The full verbatim record
of the sentencing hearing shall be filed with the clerk of the
court and shall be a public record.
(c-1) In imposing a sentence for the offense of aggravated
kidnapping for ransom, home invasion, armed robbery,
aggravated vehicular hijacking, aggravated discharge of a
firearm, or armed violence with a category I weapon or
category II weapon, the trial judge shall make a finding as to
whether the conduct leading to conviction for the offense
resulted in great bodily harm to a victim, and shall enter that
finding and the basis for that finding in the record.
(c-1.5) Notwithstanding any other provision of law to the
contrary, in imposing a sentence for an offense that requires
a mandatory minimum sentence of imprisonment, the court may
instead sentence the offender to probation, conditional
discharge, or a lesser term of imprisonment it deems
appropriate if: (1) the offense involves the use or possession
of drugs, retail theft, or driving on a revoked license due to
unpaid financial obligations; (2) the court finds that the
defendant does not pose a risk to public safety; and (3) the
interest of justice requires imposing a term of probation,
conditional discharge, or a lesser term of imprisonment. The

court must state on the record its reasons for imposing
probation, conditional discharge, or a lesser term of
imprisonment.
(c-2) If the defendant is sentenced to prison, other than
when a sentence of natural life imprisonment is imposed, at
the time the sentence is imposed the judge shall state on the
record in open court the approximate period of time the
defendant will serve in custody according to the then current
statutory rules and regulations for sentence credit found in
Section 3-6-3 and other related provisions of this Code. This
statement is intended solely to inform the public, has no
legal effect on the defendant's actual release, and may not be
relied on by the defendant on appeal.
The judge's statement, to be given after pronouncing the
sentence, other than when the sentence is imposed for one of
the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, assuming the defendant receives all of his or her
sentence credit, the period of estimated actual custody is ...
years and ... months, less up to 180 days additional earned

sentence credit. If the defendant, because of his or her own
misconduct or failure to comply with the institutional
regulations, does not receive those credits, the actual time
served in prison will be longer. The defendant may also
receive an additional one-half day sentence credit for each
day of participation in vocational, industry, substance abuse,
and educational programs as provided for by Illinois statute."
When the sentence is imposed for one of the offenses
enumerated in paragraph (a)(2) of Section 3-6-3, other than
first degree murder, and the offense was committed on or after
June 19, 1998, and when the sentence is imposed for reckless
homicide as defined in subsection (e) of Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012 if the
offense was committed on or after January 1, 1999, and when the
sentence is imposed for aggravated driving under the influence
of alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in
subparagraph (F) of paragraph (1) of subsection (d) of Section
11-501 of the Illinois Vehicle Code, and when the sentence is
imposed for aggravated arson if the offense was committed on
or after July 27, 2001 (the effective date of Public Act
92-176), and when the sentence is imposed for aggravated
driving under the influence of alcohol, other drug or drugs,
or intoxicating compound or compounds, or any combination
thereof as defined in subparagraph (C) of paragraph (1) of
subsection (d) of Section 11-501 of the Illinois Vehicle Code

committed on or after January 1, 2011 (the effective date of
Public Act 96-1230), the judge's statement, to be given after
pronouncing the sentence, shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is entitled to no more than 4 1/2 days of
sentence credit for each month of his or her sentence of
imprisonment. Therefore, this defendant will serve at least
85% of his or her sentence. Assuming the defendant receives 4
1/2 days credit for each month of his or her sentence, the
period of estimated actual custody is ... years and ...
months. If the defendant, because of his or her own misconduct
or failure to comply with the institutional regulations
receives lesser credit, the actual time served in prison will
be longer."
When a sentence of imprisonment is imposed for first
degree murder and the offense was committed on or after June
19, 1998, the judge's statement, to be given after pronouncing
the sentence, shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of

prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is not entitled to sentence credit.
Therefore, this defendant will serve 100% of his or her
sentence."
When the sentencing order recommends placement in a
substance abuse program for any offense that results in
incarceration in a Department of Corrections facility and the
crime was committed on or after September 1, 2003 (the
effective date of Public Act 93-354), the judge's statement,
in addition to any other judge's statement required under this
Section, to be given after pronouncing the sentence, shall
include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant shall receive no earned sentence credit
under clause (3) of subsection (a) of Section 3-6-3 until he or
she participates in and completes a substance abuse treatment
program or receives a waiver from the Director of Corrections
pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
(c-4) Before the sentencing hearing and as part of the

presentence investigation under Section 5-3-1, the court shall
inquire of the defendant whether the defendant is currently
serving in or is a veteran of the Armed Forces of the United
States. If the defendant is currently serving in the Armed
Forces of the United States or is a veteran of the Armed Forces
of the United States and has been diagnosed as having a mental
illness by a qualified psychiatrist or clinical psychologist
or physician, the court may:
(1) order that the officer preparing the presentence
report consult with the United States Department of
Veterans Affairs, Illinois Department of Veterans'
Affairs, or another agency or person with suitable
knowledge or experience for the purpose of providing the
court with information regarding treatment options
available to the defendant, including federal, State, and
local programming; and
(2) consider the treatment recommendations of any
diagnosing or treating mental health professionals
together with the treatment options available to the
defendant in imposing sentence.
For the purposes of this subsection (c-4), "qualified
psychiatrist" means a reputable physician licensed in Illinois
to practice medicine in all its branches, who has specialized
in the diagnosis and treatment of mental and nervous disorders
for a period of not less than 5 years.
(c-6) In imposing a sentence, the trial judge shall

specify, on the record, the particular evidence and other
reasons which led to his or her determination that a motor
vehicle was used in the commission of the offense.
(c-7) In imposing a sentence for a Class 3 or 4 felony,
other than a violent crime as defined in Section 3 of the
Rights of Crime Victims and Witnesses Act, the court shall
determine and indicate in the sentencing order whether the
defendant has 4 or more or fewer than 4 months remaining on his
or her sentence accounting for time served.
(d) When the defendant is committed to the Department of
Corrections, the State's Attorney shall and counsel for the
defendant may file a statement with the clerk of the court to
be transmitted to the department, agency or institution to
which the defendant is committed to furnish such department,
agency or institution with the facts and circumstances of the
offense for which the person was committed together with all
other factual information accessible to them in regard to the
person prior to his commitment relative to his habits,
associates, disposition and reputation and any other facts and
circumstances which may aid such department, agency or
institution during its custody of such person. The clerk shall
within 10 days after receiving any such statements transmit a
copy to such department, agency or institution and a copy to
the other party, provided, however, that this shall not be
cause for delay in conveying the person to the department,
agency or institution to which he has been committed.

(e) The clerk of the court shall transmit to the
department, agency or institution, if any, to which the
defendant is committed, the following:
(1) the sentence imposed;
(2) any statement by the court of the basis for
imposing the sentence;
(3) any presentence reports;
(3.3) the person's last known complete street address
prior to incarceration or legal residence, the person's
race, whether the person is of Hispanic or Latino origin,
and whether the person is 18 years of age or older;
(3.5) any sex offender evaluations;
(3.6) any substance abuse treatment eligibility
screening and assessment of the defendant by an agent
designated by the State of Illinois to provide assessment
services for the Illinois courts;
(4) the number of days, if any, which the defendant
has been in custody and for which he is entitled to credit
against the sentence, which information shall be provided
to the clerk by the sheriff;
(4.1) any finding of great bodily harm made by the
court with respect to an offense enumerated in subsection
(c-1);
(5) all statements filed under subsection (d) of this
Section;
(6) any medical or mental health records or summaries

of the defendant;
(7) the municipality where the arrest of the offender
or the commission of the offense has occurred, where such
municipality has a population of more than 25,000 persons;
(8) all statements made and evidence offered under
paragraph (7) of subsection (a) of this Section; and
(9) all additional matters which the court directs the
clerk to transmit.
(f) In cases in which the court finds that a motor vehicle
was used in the commission of the offense for which the
defendant is being sentenced, the clerk of the court shall,
within 5 days thereafter, forward a report of such conviction
to the Secretary of State.
(g) In cases in which the court finds that a firearm with a
serial number reported as stolen on the Illinois State Police
publicly accessible database was used in the commission of the
offense for which the defendant is being sentenced, the clerk
of the court shall, within 5 days thereafter, forward a report
of such conviction to the Illinois State Police Division of
Justice Services.
(Source: P.A. 102-813, eff. 5-13-22; 103-18, eff. 1-1-24;
103-51, eff. 1-1-24; 103-605, eff. 7-1-24; 10400SB0008eng.)
Section 99. Effective date. This Act takes effect upon
becoming law, except that Sections 3 and 4 take effect on
January 1, 2026 and Section 6 takes effect upon becoming law or
on the date Senate Bill 8 of the 104th General Assembly takes

effect, whichever is later.