Bill Text: IL HB2354 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Creates the Lethal Violence Order of Protection Act. Provides that a petitioner may request an emergency lethal violence order of protection 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, owning, purchasing, possessing, or receiving a firearm. Provides that 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. Provides that the petitioner may be a family member of the respondent or a law enforcement officer, who files a petition alleging that the respondent poses a danger of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm. Establishes factors that the court must consider before issuing a lethal violence order of protection. Provides for the issuance of ex parte orders and one year orders. Provides that if the court issues the order the respondent must: (1) refrain from having in his or her custody or control, owning, purchasing, possessing, or receiving additional firearms for the duration of the order; and (2) turn over to the local law enforcement agency any firearm, Firearm Owner's Identification Card, or concealed carry license in his or her possession. Establishes factors for renewing and terminating lethal violence orders of protection. Amends the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act to make conforming changes.

Spectrum: Partisan Bill (Democrat 30-0)

Status: (Introduced) 2017-04-28 - Rule 19(a) / Re-referred to Rules Committee [HB2354 Detail]

Download: Illinois-2017-HB2354-Engrossed.html



HB2354 EngrossedLRB100 05908 RLC 15934 b
1 AN ACT concerning orders of protection.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the Lethal
5Violence Order of Protection Act.
6 Section 5. Definitions. As used in this Act:
7 "Family member of the respondent" means a spouse, parent,
8child, or step-child of the respondent, any other person
9related by blood or present marriage to the respondent, or a
10person who shares a common dwelling with the respondent.
11 "Intimate partner" means a spouse, former spouse, a person
12with whom the respondent has or allegedly has a child in
13common, or a person with whom the respondent has or has had a
14dating or engagement relationship.
15 "Lethal violence order of protection" means an order issued
16by the court, prohibiting and enjoining a named person from
17having in his or her custody or control, owning, purchasing,
18possessing, or receiving any firearms.
19 "Petitioner" means:
20 (1) a family member of the respondent as defined in
21 this Act; or
22 (2) a law enforcement officer, who files a petition
23 alleging that the respondent poses a danger of causing

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1 personal injury to himself, herself, or another by having
2 in his or her custody or control, owning, purchasing,
3 possessing, or receiving a firearm.
4 "Respondent" means the person alleged in the petition to
5pose a danger of causing personal injury to himself, herself,
6or another by having in his or her custody or control, owning,
7purchasing, possessing, or receiving a firearm.
8 Section 10. Commencement of action; procedure.
9 (a) Actions for a lethal violence order of protection are
10commenced by filing a verified petition for a lethal violence
11order of protection in any circuit court.
12 (b) A petition for a lethal violence order of protection
13may be filed in any county where the respondent resides.
14 (c) No fee shall be charged by the clerk for filing,
15amending, vacating, certifying, or photocopying petitions or
16orders; or for issuing alias summons; or for any related filing
17service. No fee shall be charged by the sheriff for service by
18the sheriff of a petition, rule, motion, or order in an action
19commenced under this Section.
20 (d) The court shall provide, through the office of the
21clerk of the court, simplified forms and clerical assistance to
22help with the writing and filing of a petition under this
23Section by any person not represented by counsel. In addition,
24that assistance may be provided by the State's Attorney.

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1 Section 15. Subject matter jurisdiction. Each of the
2circuit courts shall have the power to issue lethal violence
3orders of protection.
4 Section 20. Jurisdiction over persons. The circuit courts
5of this State have jurisdiction to bind (1) State residents and
6(2) non-residents having minimum contacts with this State, to
7the extent permitted by Section 2-209 of the Code of Civil
8Procedure.
9 Section 25. Process. The summons shall be in the form
10prescribed by Supreme Court Rule 101(d), except that it shall
11require respondent to answer or appear within 7 days.
12Attachments to the summons or notice shall include the petition
13for the lethal violence order of protection and supporting
14affidavits, if any, and any emergency lethal violence order of
15protection that has been issued. The enforcement of an order
16under Section 35 shall not be affected by the lack of service,
17delivery, or notice, provided the requirements of subsection
18(f) of that Section are otherwise met.
19 Section 30. Service of notice of hearings. Service of
20notice of hearings. Except as provided in Section 25, notice of
21hearings on petitions or motions shall be served in accordance
22with Supreme Court Rules 11 and 12, unless notice is excused by
23Section 35 of this Act, or by the Code of Civil Procedure,

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1Supreme Court Rules, or local rules.
2 Section 35. Ex parte orders and emergency hearings.
3 (a) A petitioner may request an emergency lethal violence
4order of protection by filing an affidavit or verified pleading
5alleging that the respondent poses an immediate and present
6danger of causing personal injury to himself, herself, or
7another by having in his or her custody or control, owning,
8purchasing, possessing, or receiving a firearm. The petition
9shall also describe the type, and location of any firearm or
10firearms presently believed by the petitioner to be possessed
11or controlled by the respondent.
12 (b) If the respondent is alleged to pose an immediate and
13present danger of causing personal injury to an intimate
14partner, or an intimate partner is alleged to have been the
15target of a threat or act of violence by the respondent,
16petitioner shall make a good faith effort to provide notice to
17any and all intimate partners of the respondent. The notice
18must include that the petitioner intends to petition the court
19for an emergency lethal violence order, and, if petitioner is a
20law enforcement officer, referral to relevant domestic
21violence or stalking advocacy or counseling resources, if
22appropriate. Petitioner shall attest to having provided the
23notice in the filed affidavit or verified pleading. If after
24making a good faith effort petitioner is unable to provide
25notice to any or all intimate partners, the affidavit or

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1verified pleading should describe what efforts were made.
2 (c) Every person who files a petition for an emergency
3lethal violence order, knowing the information provided to the
4court at any hearing or in the affidavit or verified pleading
5to be false, is guilty of perjury under Section 32-2 of the
6Criminal Code of 2012.
7 (d) An emergency order of protection shall be issued on an
8ex parte basis, that is, without notice to the respondent.
9 (e) An emergency hearing held on an ex parte basis shall be
10held the same day that the petition is filed or the next day
11that the court is in session.
12 (f) If a circuit or associate judge finds reasonable cause
13to believe that the respondent poses an immediate and present
14danger of causing personal injury to himself, herself, or
15another by having in his or her custody or control, owning,
16purchasing, possessing, or receiving a firearm the circuit or
17associate judge shall issue an emergency order.
18 (g) An emergency lethal violence order of protection shall
19require:
20 (1) the respondent to refrain from having in his or her
21 custody or control, owning, purchasing, possessing, or
22 receiving additional firearms for the duration of the
23 order;
24 (2) the respondent to turn over to the local law
25 enforcement agency any Firearm Owner's Identification Card
26 and concealed carry license in his or her possession. The

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1 local law enforcement agency shall immediately mail the
2 card and concealed carry license to the Department of State
3 Police Firearm Owner's Identification Card Office for
4 safekeeping. The firearm or firearms and Firearm Owner's
5 Identification Card and concealed carry license, if
6 unexpired, shall at the respondent's request, be returned
7 to the respondent after the lethal violence order of
8 protection is terminated or expired. It is the respondent's
9 responsibility to notify the Department of State Police
10 Firearm Owner's Identification Card Office; and
11 (3) any law-enforcement agency to forthwith search for
12 and seize firearms of the respondent upon probable cause
13 that the respondent has possession of a firearm, and
14 petitioner or the court can describe, with sufficient
15 particularity, the location of the firearm or firearms.
16 (h) Upon expiration of the period of safekeeping, if the
17firearms or Firearm Owner's Identification Card and concealed
18carry license cannot be returned to respondent because
19respondent cannot be located, fails to respond to requests to
20retrieve the firearms, or is not lawfully eligible to possess a
21firearm, upon petition from the local law enforcement agency,
22the court may order the local law enforcement agency to destroy
23the firearms, use the firearms for training purposes, or for
24any other application as deemed appropriate by the local law
25enforcement agency.
26 (i) In accordance with subsection (e) of this Section, the

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1court shall schedule a full hearing within 14 days of the
2issuance of an ex parte lethal violence order of protection to
3determine if a one-year lethal violence order of protection
4shall be issued. The court may extend an ex parte order as
5needed, but not to exceed 30 days, to effectuate service of the
6order or if necessary to continue protection.
7 Section 40. One-year orders.
8 (a) A petitioner may request a one-year lethal violence
9order of protection by filing an affidavit or verified pleading
10alleging that the respondent poses a significant danger of
11causing personal injury to himself, herself, or another in the
12near future by having in his or her custody or control, owning,
13purchasing, possessing, or receiving a firearm. The petition
14shall also describe the number, types, and locations of any
15firearms presently believed by the petitioner to be possessed
16or controlled by the respondent.
17 (b) If the respondent is alleged to pose an immediate and
18present danger of causing personal injury to an intimate
19partner, or an intimate partner is alleged to have been the
20target of a threat or act of violence by the respondent,
21petitioner shall make a good faith effort to provide notice to
22any and all intimate partners of the respondent. The notice
23must include that the petitioner intends to petition the court
24for an emergency lethal violence order, and, if petitioner is a
25law enforcement officer, referral to relevant domestic

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1violence or stalking advocacy or counseling resources, if
2appropriate. Petitioner shall attest to having provided the
3notice in the filed affidavit or verified pleading. If after
4making a good faith effort petitioner is unable to provide
5notice to any or all intimate partners, the affidavit or
6verified pleading should describe what efforts were made.
7 (c) Every person who files a petition for an emergency
8lethal violence order, knowing the information provided to the
9court at any hearing or in the affidavit or verified pleading
10to be false, is guilty of perjury under Section 32-2 of the
11Criminal Code of 2012.
12 (d) Upon receipt of a petition for a one-year lethal
13violence order of protection, the court shall order a hearing
14within 30 days.
15 (e) In determining whether to issue a lethal violence order
16of protection under this Section, the court shall consider
17evidence of:
18 (1) A recent threat of violence or act of violence by
19 the respondent directed toward himself, herself, or
20 another.
21 (2) A violation of an emergency order of protection
22 issued under Section 217 of the Illinois Domestic Violence
23 Act of 1986 or Section 112A-17 of the Code of Criminal
24 Procedure of 1963 or of an order of protection issued under
25 Section 214 of the Illinois Domestic Violence Act of 1986
26 or Section 112A-14 of the Code of Criminal Procedure of

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1 1963.
2 (3) A pattern of violent acts or violent threats,
3 including, but not limited to, threats of violence or acts
4 of violence by the respondent directed toward himself,
5 herself, or another.
6 (f) In determining whether to issue a lethal violence order
7of protection under this Section, the court may consider
8evidence including, but not limited to, the following:
9 (1) The unlawful and reckless use, display, or
10 brandishing of a firearm by the respondent.
11 (2) The history of use, attempted use, or threatened
12 use of physical force by the respondent against another
13 person.
14 (3) Any prior arrest of the respondent for a felony
15 offense.
16 (4) Evidence of the abuse of controlled substances or
17 alcohol by the respondent.
18 (5) Evidence of recent acquisition of firearms,
19 ammunition, or other deadly weapons.
20 (g) At the hearing, the petitioner shall have the burden of
21proving, by preponderance of the evidence, that the respondent
22poses a significant danger of personal injury to himself,
23herself, or another by having in his or her custody or control,
24owning, purchasing, possessing, or receiving a firearm.
25 (h) If the court finds that there is a preponderance of the
26evidence to issue a lethal violence order of protection, the

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1court shall issue a lethal violence order of protection that
2shall be in effect for one year subject to renewal under
3Section 45 of this Act or termination under that Section.
4 (i) A one-year lethal violence order of protection shall
5require:
6 (1) the respondent to refrain from having in his or her
7 custody or control, owning, purchasing, possessing or
8 receiving additional firearms for the duration of the
9 order;
10 (2) the respondent to turn over to the local law
11 enforcement agency any firearm or Firearm Owner's
12 Identification Card and concealed carry license in his or
13 her possession. The local law enforcement agency shall
14 immediately mail the card and concealed carry license to
15 the Department of State Police Firearm Owner's
16 Identification Card Office for safekeeping. The firearm or
17 firearms and Firearm Owner's Identification Card and
18 concealed carry license, if unexpired shall at the
19 respondent's request, be returned to the respondent after
20 the lethal violence order of protection is terminated or
21 expired. It is the respondent's responsibility to notify
22 the Department of State Police Firearm Owner's
23 Identification Card Office; and
24 (3) any law-enforcement agency to forthwith search for
25 and seize firearms of the respondent upon probable cause
26 that the respondent has possession of a firearm, and

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1 petitioner can describe, with sufficient particularity,
2 the location of the firearm or firearms.
3 (j) Upon expiration of the period of safekeeping, if the
4firearms or Firearm Owner's Identification Card cannot be
5returned to respondent because respondent cannot be located,
6fails to respond to requests to retrieve the firearms, or is
7not lawfully eligible to possess a firearm, upon petition from
8the local law enforcement agency, the court may order the local
9law enforcement agency to destroy the firearms, use the
10firearms for training purposes, or for any other application as
11deemed appropriate by the local law enforcement agency.
12 (k) If the court does not issue a lethal violence order of
13protection at the hearing, the court shall dissolve any
14emergency lethal violence order of protection then in effect.
15 (l) When the court issues a lethal violence order of
16protection under this Section, the court shall inform the
17respondent that he or she is entitled to one hearing during the
18period of the order to request a termination of the order,
19under Section 45 of this Act, and shall provide the respondent
20with a form to request a hearing.
21 Section 45. Termination and renewal.
22 (a) A person subject to a lethal violence order of
23protection issued under this Act may submit one written request
24at any time during the effective period of the order for a
25hearing to terminate the order.

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1 (1) The respondent shall have the burden of proving by
2 a preponderance of the evidence that the respondent does
3 not pose a danger of causing personal injury to himself,
4 herself, or another in the near future by having in his or
5 her custody or control, owning, purchasing, possessing, or
6 receiving a firearm.
7 (2) If the court finds after the hearing that the
8 respondent has met his or her burden, the court shall
9 terminate the order.
10 (b) A petitioner may request a renewal of a lethal violence
11order of protection at any time within the 3 months before the
12expiration of a lethal violence order of protection.
13 (1) A court shall, after notice and a hearing, renew a
14 lethal violence order of protection issued under this part
15 if the petitioner proves, by a preponderance of the
16 evidence, that the respondent continues to pose a danger of
17 causing personal injury to himself, herself, or another in
18 the near future by having in his or her custody or control,
19 owning, purchasing, possessing, or receiving a firearm.
20 (2) In determining whether to renew a lethal violence
21 order of protection issued under this Act, the court shall
22 consider evidence of the facts identified in subsection (e)
23 of Section 40 of this Act and any other evidence of an
24 increased risk for violence, including, but not limited to,
25 evidence of any of the factors identified in subsection (f)
26 of Section 40 of this Act.

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1 (3) At the hearing, the petitioner shall have the
2 burden of proving, by a preponderance of the evidence that
3 the respondent continues to pose a danger of causing
4 personal injury to himself, herself, or another in the near
5 future by having in his or her custody or control, owning,
6 purchasing, possessing, or receiving a firearm.
7 (4) The renewal of a lethal violence order of
8 protection issued under this Section shall be in effect for
9 one year, subject to termination by further order of the
10 court at a hearing held under this Section and further
11 renewal by further order of the court under this Section.
12 Section 50. Notice of orders.
13 (a) Entry and issuance. Upon issuance of any lethal
14violence order of protection, the clerk shall immediately, or
15on the next court day if an emergency lethal violence order of
16protection is issued in accordance with Section 35 of this Act
17(emergency lethal violence order of protection), (i) enter the
18order on the record and file it in accordance with the circuit
19court procedures and (ii) provide a file stamped copy of the
20order to respondent, if present, and to petitioner.
21 (b) Filing with sheriff. The clerk of the issuing judge
22shall, or the petitioner may, on the same day that a lethal
23violence order of protection is issued, file a certified copy
24of that order with the sheriff or other law enforcement
25officials charged with maintaining Department of State Police

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1records or charged with serving the order upon respondent. If
2the order was issued in accordance with Section 35 of this Act
3(emergency lethal violence order of protection), the clerk
4shall on the next court day, file a certified copy of the order
5with the sheriff or other law enforcement officials charged
6with maintaining Department of State Police records.
7 (c) Service by sheriff. Unless respondent was present in
8court when the order was issued, the sheriff, other law
9enforcement official, or special process server shall promptly
10serve that order upon respondent and file proof of the service,
11in the manner provided for service of process in civil
12proceedings. Instead of serving the order upon the respondent,
13however, the sheriff, other law enforcement official, special
14process server, or other persons defined in Section 112A-22.10
15of the Criminal Code of 1963 may serve the respondent with a
16short form notification as provided in that Section. If process
17has not yet been served upon the respondent, it shall be served
18with the order or short form notification if the service is
19made by the sheriff, other law enforcement official, or special
20process server. A single fee may be charged for service of an
21order obtained in circuit court, or for service of the order
22together with process, unless waived or deferred under
23subsection (c) of Section 10 of this Act.
24 (d) Any order renewing or terminating any lethal violence
25order of protection shall be promptly recorded, issued, and
26served as provided in this Section.

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1 Section 55. Data maintenance by law enforcement agencies.
2 (a) All sheriffs shall furnish to the Department of State
3Police, daily, in the form and detail the Department requires,
4copies of any recorded lethal violence order of protection
5issued by the court, and any foreign orders of protection filed
6by the clerk of the court, and transmitted to the sheriff by
7the clerk of the court under Section 50. Each lethal violence
8order of protection shall be entered in the Law Enforcement
9Agencies Data System (LEADS) on the same day it is issued by
10the court. If an emergency lethal violence order of protection
11was issued in accordance with Section 35 of this Act, the order
12shall be entered in the Law Enforcement Agencies Data System
13(LEADS) as soon as possible after receipt from the clerk.
14 (b) The Department of State Police shall maintain a
15complete and systematic record and index of all valid and
16recorded lethal violence orders of protection issued or filed
17under this Act. The data shall be used to inform all
18dispatchers and law enforcement officers at the scene of a
19violation of lethal violence order of protection of the
20effective dates and terms of any recorded order of protection.
21 (c) The data, records and transmittals required under this
22Section shall pertain to any valid emergency or one-year lethal
23violence order of protection, whether issued in a civil or
24criminal proceeding or authorized under the laws of another
25state, tribe, or United States territory.

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1 Section 60. Filing of a lethal violence order of protection
2issued by another state.
3 (a) A person entitled to protection under a lethal violence
4order of protection or similar order issued by the court of
5another state, tribe, or United States territory may file a
6certified copy of the lethal violence order of protection with
7the clerk of the court in a judicial circuit in which the
8person believes that enforcement may be necessary.
9 (b) The clerk shall:
10 (1) treat the foreign lethal violence order of
11 protection in the same manner as a judgment of the circuit
12 court for any county of this State in accordance with the
13 provisions of the Uniform Enforcement of Foreign Judgments
14 Act, except that the clerk shall not mail notice of the
15 filing of the foreign order to the respondent named in the
16 order; and
17 (2) on the same day that a foreign lethal violence
18 order of protection is filed, file a certified copy of that
19 order with the sheriff or other law enforcement officials
20 charged with maintaining Department of State Police
21 records as set forth in Section 55 of this Act.
22 (c) Neither residence in this State nor filing of a foreign
23lethal violence order of protection shall be required for
24enforcement of the order by this State. Failure to file the
25foreign order shall not be an impediment to its treatment in

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1all respects as an Illinois lethal violence order of
2protection.
3 (d) The clerk shall not charge a fee to file a foreign
4order of protection under this Section.
5 Section 65. Enforcement; sanctions for violation of order.
6 (a) A respondent who knowingly violates a lethal violence
7order of protection is guilty of a Class A misdemeanor.
8Prosecution for a violation of a lethal violence order of
9protection shall not bar concurrent prosecution for any other
10crime, including any crime that may have been committed at the
11time of the violation of the lethal violence order of
12protection.
13 (b) A petitioner who files a petition for a lethal violence
14order of protection knowing the information in the petition to
15be false is guilty of a Class A misdemeanor.
16 Section 70. Non-preclusion of remedies. Nothing in this Act
17shall preclude a petitioner or law-enforcement officer from
18removing weapons under other authority, or filing criminal
19charges when probable cause exists.
20 Section 135. The Firearm Owners Identification Card Act is
21amended by changing Section 8.2 as follows:
22 (430 ILCS 65/8.2)

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1 Sec. 8.2. Firearm Owner's Identification Card denial or
2revocation. The Department of State Police shall deny an
3application or shall revoke and seize a Firearm Owner's
4Identification Card previously issued under this Act if the
5Department finds that the applicant or person to whom such card
6was issued is or was at the time of issuance subject to an
7existing order of protection or lethal violence order of
8protection.
9(Source: P.A. 96-701, eff. 1-1-10.)
10 Section 140. The Firearm Concealed Carry Act is amended by
11changing Section 70 as follows:
12 (430 ILCS 66/70)
13 Sec. 70. Violations.
14 (a) A license issued or renewed under this Act shall be
15revoked if, at any time, the licensee is found to be ineligible
16for a license under this Act or the licensee no longer meets
17the eligibility requirements of the Firearm Owners
18Identification Card Act.
19 (b) A license shall be suspended if an order of protection,
20including an emergency order of protection, plenary order of
21protection, or interim order of protection under Article 112A
22of the Code of Criminal Procedure of 1963 or under the Illinois
23Domestic Violence Act of 1986, or if a lethal violence order of
24protection, including an emergency lethal violence order of

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1protection, under the Lethal Violence Order of Protection Act,
2is issued against a licensee for the duration of the order, or
3if the Department is made aware of a similar order issued
4against the licensee in any other jurisdiction. If an order of
5protection is issued against a licensee, the licensee shall
6surrender the license, as applicable, to the court at the time
7the order is entered or to the law enforcement agency or entity
8serving process at the time the licensee is served the order.
9The court, law enforcement agency, or entity responsible for
10serving the order of protection shall notify the Department
11within 7 days and transmit the license to the Department.
12 (c) A license is invalid upon expiration of the license,
13unless the licensee has submitted an application to renew the
14license, and the applicant is otherwise eligible to possess a
15license under this Act.
16 (d) A licensee shall not carry a concealed firearm while
17under the influence of alcohol, other drug or drugs,
18intoxicating compound or combination of compounds, or any
19combination thereof, under the standards set forth in
20subsection (a) of Section 11-501 of the Illinois Vehicle Code.
21 A licensee in violation of this subsection (d) shall be
22guilty of a Class A misdemeanor for a first or second violation
23and a Class 4 felony for a third violation. The Department may
24suspend a license for up to 6 months for a second violation and
25shall permanently revoke a license for a third violation.
26 (e) Except as otherwise provided, a licensee in violation

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1of this Act shall be guilty of a Class B misdemeanor. A second
2or subsequent violation is a Class A misdemeanor. The
3Department may suspend a license for up to 6 months for a
4second violation and shall permanently revoke a license for 3
5or more violations of Section 65 of this Act. Any person
6convicted of a violation under this Section shall pay a $150
7fee to be deposited into the Mental Health Reporting Fund, plus
8any applicable court costs or fees.
9 (f) A licensee convicted or found guilty of a violation of
10this Act who has a valid license and is otherwise eligible to
11carry a concealed firearm shall only be subject to the
12penalties under this Section and shall not be subject to the
13penalties under Section 21-6, paragraph (4), (8), or (10) of
14subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
15of paragraph (3) of subsection (a) of Section 24-1.6 of the
16Criminal Code of 2012. Except as otherwise provided in this
17subsection, nothing in this subsection prohibits the licensee
18from being subjected to penalties for violations other than
19those specified in this Act.
20 (g) A licensee whose license is revoked, suspended, or
21denied shall, within 48 hours of receiving notice of the
22revocation, suspension, or denial, surrender his or her
23concealed carry license to the local law enforcement agency
24where the person resides. The local law enforcement agency
25shall provide the licensee a receipt and transmit the concealed
26carry license to the Department of State Police. If the

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1licensee whose concealed carry license has been revoked,
2suspended, or denied fails to comply with the requirements of
3this subsection, the law enforcement agency where the person
4resides may petition the circuit court to issue a warrant to
5search for and seize the concealed carry license in the
6possession and under the custody or control of the licensee
7whose concealed carry license has been revoked, suspended, or
8denied. The observation of a concealed carry license in the
9possession of a person whose license has been revoked,
10suspended, or denied constitutes a sufficient basis for the
11arrest of that person for violation of this subsection. A
12violation of this subsection is a Class A misdemeanor.
13 (h) A license issued or renewed under this Act shall be
14revoked if, at any time, the licensee is found ineligible for a
15Firearm Owner's Identification Card, or the licensee no longer
16possesses a valid Firearm Owner's Identification Card. A
17licensee whose license is revoked under this subsection (h)
18shall surrender his or her concealed carry license as provided
19for in subsection (g) of this Section.
20 This subsection shall not apply to a person who has filed
21an application with the State Police for renewal of a Firearm
22Owner's Identification Card and who is not otherwise ineligible
23to obtain a Firearm Owner's Identification Card.
24 (i) A certified firearms instructor who knowingly provides
25or offers to provide a false certification that an applicant
26has completed firearms training as required under this Act is

HB2354 Engrossed- 22 -LRB100 05908 RLC 15934 b
1guilty of a Class A misdemeanor. A person guilty of a violation
2of this subsection (i) is not eligible for court supervision.
3The Department shall permanently revoke the firearms
4instructor certification of a person convicted under this
5subsection (i).
6(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899,
7eff. 8-15-14.)

HB2354 Engrossed- 23 -LRB100 05908 RLC 15934 b
1 INDEX
2 Statutes amended in order of appearance