Bill Text: IL HB3034 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Firearm Concealed Carry Act. Provides that the referral of an objection from a law enforcement agency for the issuance of a concealed carry license to the Concealed Carry Licensing Review Board shall toll the 90-day period for not more than 60 days for the Department of State Police to issue or deny the applicant a license. Provides that if an objection of a law enforcement agency or the Department is not supported by clear and convincing evidence, the Board shall dismiss the objection and notify the Department that the applicant is eligible for a license. Effective immediately.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2017-05-16 - Added Co-Sponsor Rep. Reginald Phillips [HB3034 Detail]

Download: Illinois-2017-HB3034-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3034

Introduced , by Rep. Tim Butler

SYNOPSIS AS INTRODUCED:
430 ILCS 66/15
430 ILCS 66/20

Amends the Firearm Concealed Carry Act. Provides that the referral of an objection from a law enforcement agency for the issuance of a concealed carry license to the Concealed Carry Licensing Review Board shall toll the 90-day period for not more than 60 days for the Department of State Police to issue or deny the applicant a license. Provides that if an objection of a law enforcement agency or the Department is not supported by clear and convincing evidence, the Board shall dismiss the objection and notify the Department that the applicant is eligible for a license. Effective immediately.
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A BILL FOR

HB3034LRB100 09835 SLF 20005 b
1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Firearm Concealed Carry Act is amended by
5changing Section 15 and 20 as follows:
6 (430 ILCS 66/15)
7 Sec. 15. Objections by law enforcement agencies.
8 (a) Any law enforcement agency may submit an objection to a
9license applicant based upon a reasonable suspicion that the
10applicant is a danger to himself or herself or others, or a
11threat to public safety. The objection shall be made by the
12chief law enforcement officer of the law enforcement agency, or
13his or her designee, and must include any information relevant
14to the objection. If a law enforcement agency submits an
15objection within 30 days after the entry of an applicant into
16the database, the Department shall submit the objection and all
17information available to the Board under State and federal law
18related to the application to the Board within 10 days of
19completing all necessary background checks.
20 (b) If an applicant has 5 or more arrests for any reason,
21that have been entered into the Criminal History Records
22Information (CHRI) System, within the 7 years preceding the
23date of application for a license, or has 3 or more arrests

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1within the 7 years preceding the date of application for a
2license for any combination of gang-related offenses, the
3Department shall object and submit the applicant's arrest
4record to the extent the Board is allowed to receive that
5information under State and federal law, the application
6materials, and any additional information submitted by a law
7enforcement agency to the Board. For purposes of this
8subsection, "gang-related offense" is an offense described in
9Section 12-6.4, Section 24-1.8, Section 25-5, Section 33-4, or
10Section 33G-4, or in paragraph (1) of subsection (a) of Section
1112-6.2, paragraph (2) of subsection (b) of Section 16-30,
12paragraph (2) of subsection (b) of Section 31-4, or item (iii)
13of paragraph (1.5) of subsection (i) of Section 48-1 of the
14Criminal Code of 2012.
15 (c) The referral of an objection under this Section to the
16Board shall toll the 90-day period for not more than 60 days
17for the Department to issue or deny the applicant a license
18under subsection (e) of Section 10 of this Act, during the
19period of review and until the Board issues its decision.
20 (d) If no objection is made by a law enforcement agency or
21the Department under this Section, the Department shall process
22the application in accordance with this Act.
23(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
24 (430 ILCS 66/20)
25 Sec. 20. Concealed Carry Licensing Review Board.

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1 (a) There is hereby created within the Department of State
2Police a Concealed Carry Licensing Review Board to consider any
3objection to an applicant's eligibility to obtain a license
4under this Act submitted by a law enforcement agency or the
5Department under Section 15 of this Act. The Board shall
6consist of 7 commissioners to be appointed by the Governor,
7with the advice and consent of the Senate, with 3 commissioners
8residing within the First Judicial District and one
9commissioner residing within each of the 4 remaining Judicial
10Districts. No more than 4 commissioners shall be members of the
11same political party. The Governor shall designate one
12commissioner as the Chairperson. The Board shall consist of:
13 (1) one commissioner with at least 5 years of service
14 as a federal judge;
15 (2) 2 commissioners with at least 5 years of experience
16 serving as an attorney with the United States Department of
17 Justice;
18 (3) 3 commissioners with at least 5 years of experience
19 as a federal agent or employee with investigative
20 experience or duties related to criminal justice under the
21 United States Department of Justice, Drug Enforcement
22 Administration, Department of Homeland Security, or
23 Federal Bureau of Investigation; and
24 (4) one member with at least 5 years of experience as a
25 licensed physician or clinical psychologist with expertise
26 in the diagnosis and treatment of mental illness.

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1 (b) The initial terms of the commissioners shall end on
2January 12, 2015. Thereafter, the commissioners shall hold
3office for 4 years, with terms expiring on the second Monday in
4January of the fourth year. Commissioners may be reappointed.
5Vacancies in the office of commissioner shall be filled in the
6same manner as the original appointment, for the remainder of
7the unexpired term. The Governor may remove a commissioner for
8incompetence, neglect of duty, malfeasance, or inability to
9serve. Commissioners shall receive compensation in an amount
10equal to the compensation of members of the Executive Ethics
11Commission and may be reimbursed for reasonable expenses
12actually incurred in the performance of their Board duties,
13from funds appropriated for that purpose.
14 (c) The Board shall meet at the call of the chairperson as
15often as necessary to consider objections to applications for a
16license under this Act. If necessary to ensure the
17participation of a commissioner, the Board shall allow a
18commissioner to participate in a Board meeting by electronic
19communication. Any commissioner participating electronically
20shall be deemed present for purposes of establishing a quorum
21and voting.
22 (d) The Board shall adopt rules for the review of
23objections and the conduct of hearings. The Board shall
24maintain a record of its decisions and all materials considered
25in making its decisions. All Board decisions and voting records
26shall be kept confidential and all materials considered by the

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1Board shall be exempt from inspection except upon order of a
2court.
3 (e) In considering an objection of a law enforcement agency
4or the Department, the Board shall review the materials
5received with the objection from the law enforcement agency or
6the Department. By a vote of at least 4 commissioners, the
7Board may request additional information from the law
8enforcement agency, Department, or the applicant, or the
9testimony of the law enforcement agency, Department, or the
10applicant. The Board may require that the applicant submit
11electronic fingerprints to the Department for an updated
12background check where the Board determines it lacks sufficient
13information to determine eligibility. The Board may only
14consider information submitted by the Department, a law
15enforcement agency, or the applicant. The Board shall review
16each objection and determine by a majority of commissioners
17whether an applicant is eligible for a license. If an objection
18of a law enforcement agency or the Department is not supported
19by clear and convincing evidence, the Board shall dismiss the
20objection and notify the Department that the applicant is
21eligible for a license.
22 (f) The Board shall issue a decision within 30 days of
23receipt of the objection from the Department. However, the
24Board need not issue a decision within 30 days if:
25 (1) the Board requests information from the applicant,
26 including but not limited to electronic fingerprints to be

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1 submitted to the Department, in accordance with subsection
2 (e) of this Section, in which case the Board shall make a
3 decision within 30 days of receipt of the required
4 information from the applicant;
5 (2) the applicant agrees, in writing, to allow the
6 Board additional time to consider an objection; or
7 (3) the Board notifies the applicant and the Department
8 that the Board needs an additional 30 days to issue a
9 decision.
10 (g) If the Board determines by a preponderance of the
11evidence that the applicant poses a danger to himself or
12herself or others, or is a threat to public safety, then the
13Board shall affirm the objection of the law enforcement agency
14or the Department and shall notify the Department that the
15applicant is ineligible for a license. If the Board does not
16determine by a preponderance of the evidence that the applicant
17poses a danger to himself or herself or others, or is a threat
18to public safety, then the Board shall notify the Department
19that the applicant is eligible for a license.
20 (h) Meetings of the Board shall not be subject to the Open
21Meetings Act and records of the Board shall not be subject to
22the Freedom of Information Act.
23 (i) The Board shall report monthly to the Governor and the
24General Assembly on the number of objections received and
25provide details of the circumstances in which the Board has
26determined to deny licensure based on law enforcement or

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1Department objections under Section 15 of this Act. The report
2shall not contain any identifying information about the
3applicants.
4(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
5 Section 99. Effective date. This Act takes effect upon
6becoming law.
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