Public Act 098-0600

SB0114 Enrolled LRB098 04341 JDS 34369 b

AN ACT concerning government.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Private Detective, Private Alarm, Private

Security, Fingerprint Vendor, and Locksmith Act of 2004 is

amended by changing Section 31-5 as follows:

(225 ILCS 447/31-5)

(Section scheduled to be repealed on January 1, 2024)

Sec. 31-5. Exemptions.

(a) The provisions of this Act regarding fingerprint

vendors do not apply to any of the following, if the person

performing the service does not hold himself or herself out as

a fingerprint vendor or fingerprint vendor agency:

(1) An employee of the United States, Illinois, or a

political subdivision, including public school districts,

of either while the employee is engaged in the performance

of his or her official duties within the scope of his or

her employment. However, any such person who offers his or

her services as a fingerprint vendor or uses a similar

title when these services are performed for compensation or

other consideration, whether received directly or

indirectly, is subject to this Act.

(2) A person employed exclusively by only one employer

in connection with the exclusive activities of that

employer, provided that person does not hold himself or

herself out to the public as a fingerprint vendor.

(3) Any Notwithstanding any other provisions of this

Act, any member of local law enforcement in the performance

of his or her duties for criminal justice purposes,

notwithstanding whether the . Nothing in this Act shall

prohibit local law enforcement agency charges agencies

from charging a reasonable fee related to the cost of

offering fingerprinting services.

(b) The provisions of this Act regarding fingerprint

vendors do not apply to any member of a local law enforcement

agency, acting on behalf of the local law enforcement agency

that is registered with the Department of State Police to

provide fingerprinting services for non-criminal justice

purposes, notwithstanding whether the local law enforcement

agency charges a reasonable fee related to the cost of offering

fingerprinting services.

(Source: P.A. 98-294, eff. 8-9-13.)

Section 10. The Firearm Owners Identification Card Act is

amended by changing Section 8.1 as follows:

(430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)

Sec. 8.1. Notifications to the Department of State Police.

(a) The Circuit Clerk shall, in the form and manner

required by the Supreme Court, notify the Department of 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 mentally

disabled person 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 Department of State Police, Firearm Owner's

Identification (FOID) department, and shall forward a copy of

the court order to the Department.

(c) The Department of Human Services shall, in the form and

manner prescribed by the Department of 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, law enforcement official, or school

administrator, or is determined to be developmentally

disabled by a physician, clinical psychologist, or

qualified examiner, whether employed by the State or

privately by a private mental health facility, 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 is developmentally disabled; 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 Department of 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 notify the

Department of State Police in a form and manner prescribed

by the Department of State Police. The Department of State

Police shall 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 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 this Section and shall be

provided by rule by the Department of Human Services. The

identity of the person reporting under this Section shall

not be disclosed to the subject of the report. 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 Department of State Police shall adopt rules to

implement this Section.

(Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13.)

Section 15. The Firearm Concealed Carry Act is amended by

changing Sections 10, 15, 20, 40, 75, and 80 as follows:

(430 ILCS 66/10)

Sec. 10. Issuance of licenses to carry a concealed firearm.

(a) The Department shall issue a license to carry a

concealed firearm under this Act to an applicant who:

(1) meets the qualifications of Section 25 of this Act;

(2) has provided the application and documentation

required in Section 30 of this Act;

(3) has submitted the requisite fees; and

(4) does not pose a danger to himself, herself, or

others, or a threat to public safety as determined by the

Concealed Carry Licensing Review Board in accordance with

Section 20.

(b) The Department shall issue a renewal, corrected, or

duplicate license as provided in this Act.

(c) A license shall be valid throughout the State for a

period of 5 years from the date of issuance. A license shall

permit the licensee to:

(1) carry a loaded or unloaded concealed firearm, fully

concealed or partially concealed, on or about his or her

person; and

(2) keep or carry a loaded or unloaded concealed

firearm on or about his or her person within a vehicle.

(d) The Department shall make applications for a license

available no later than 180 days after the effective date of

this Act. The Department shall establish rules for the

availability and submission of applications in accordance with

this Act.

(e) An application for a license submitted to the

Department that contains all the information and materials

required by this Act, including the requisite fee, shall be

deemed completed. Except as otherwise provided in this Act, no

later than 90 days after receipt of a completed application,

the Department shall issue or deny the applicant a license.

(f) The Department shall deny the applicant a license if

the applicant fails to meet the requirements under this Act or

the Department receives a determination from the Board that the

applicant is ineligible for a license. The Department must

notify the applicant stating the grounds for the denial. The

notice of denial must inform the applicant of his or her right

to an appeal through administrative and judicial review.

(g) A licensee shall possess a license at all times the

licensee carries a concealed firearm except:

(1) when the licensee is carrying or possessing a

concealed firearm on his or her land or in his or her

abode, legal dwelling, or fixed place of business, or on

the land or in the legal dwelling of another person as an

invitee with that person's permission;

(2) when the person is authorized to carry a firearm

under Section 24-2 of the Criminal Code of 2012, except

subsection (a-5) of that Section; or

(3) when the handgun is broken down in a

non-functioning state, is not immediately accessible, or

is unloaded and enclosed in a case.

(h) If an officer of a law enforcement agency initiates an

investigative stop, including but not limited to a traffic

stop, of a licensee or a non-resident carrying a concealed

firearm under subsection (e) of Section 40 of this Act who is

carrying a concealed firearm, upon the request of the officer

the licensee or non-resident shall disclose to the officer that

he or she is in possession of a concealed firearm under this

Act, present the license upon the request of the officer if he

or she is a licensee or present upon the request of the officer

evidence under paragraph (2) of subsection (e) of Section 40 of

this Act that he or she is a non-resident qualified to carry

under that subsection, and identify the location of the

concealed firearm. During a traffic stop, any passenger within

the vehicle who is a licensee or a non-resident carrying under

subsection (e) of Section 40 of this Act must comply with the

requirements of this subsection (h).

(i) The Department shall maintain a database of license

applicants and licensees. The database shall be available to

all federal, State, and local law enforcement agencies, State's

Attorneys, the Attorney General, and authorized court

personnel. Within 180 days after the effective date of this

Act, the database shall be searchable and provide all

information included in the application, including the

applicant's previous addresses within the 10 years prior to the

license application and any information related to violations

of this Act. No law enforcement agency, State's Attorney,

Attorney General, or member or staff of the judiciary shall

provide any information to a requester who is not entitled to

it by law.

(j) No later than 10 days after receipt of a completed

application, the Department shall enter the relevant

information about the applicant into the database under

subsection (i) of this Section which is accessible by law

enforcement agencies.

(Source: P.A. 98-63, eff. 7-9-13.)

(430 ILCS 66/15)

Sec. 15. Objections by law enforcement agencies.

(a) Any law enforcement agency may submit an objection to a

license applicant based upon a reasonable suspicion that the

applicant is a danger to himself or herself or others, or a

threat to public safety. The objection shall be made by the

chief law enforcement officer of the law enforcement agency, or

his or her designee, and must include any information relevant

to the objection. If a law enforcement agency submits an

objection within 30 days after the entry of an applicant into

the database, the Department shall submit the objection and all

information available to the Board under State and federal law

related to the application to the Board within 10 days of

completing all necessary background checks.

(b) If an applicant has 5 or more arrests for any reason,

that have been entered into the Criminal History Records

Information (CHRI) System, within the 7 years preceding the

date of application for a license, or has 3 or more arrests

within the 7 years preceding the date of application for a

license for any combination of gang-related offenses, the

Department shall object and submit the applicant's arrest

record to the extent the Board is allowed to receive that

information under State and federal law, the application

materials, and any additional information submitted by a law

enforcement agency to the Board. For purposes of this

subsection, "gang-related offense" is an offense described in

Section 12-6.4, Section 24-1.8, Section 25-5, Section 33-4, or

Section 33G-4, or in paragraph (1) of subsection (a) of Section

12-6.2, paragraph (2) of subsection (b) of Section 16-30,

paragraph (2) of subsection (b) of Section 31-4, or item (iii)

of paragraph (1.5) of subsection (i) of Section 48-1 of the

Criminal Code of 2012.

(c) The referral of an objection under this Section to the

Board shall toll the 90-day period for the Department to issue

or deny the applicant a license under subsection (e) of Section

10 of this Act, during the period of review and until the Board

issues its decision.

(d) If no objection is made by a law enforcement agency or

the Department under this Section, the Department shall process

the application in accordance with this Act.

(Source: P.A. 98-63, eff. 7-9-13.)

(430 ILCS 66/20)

Sec. 20. Concealed Carry Licensing Review Board.

(a) There is hereby created within the Department of State

Police a Concealed Carry Licensing Review Board to consider any

objection to an applicant's eligibility to obtain a license

under this Act submitted by a law enforcement agency or the

Department under Section 15 of this Act. The Board shall

consist of 7 commissioners to be appointed by the Governor,

with the advice and consent of the Senate, with 3 commissioners

residing within the First Judicial District and one

commissioner residing within each of the 4 remaining Judicial

Districts. No more than 4 commissioners shall be members of the

same political party. The Governor shall designate one

commissioner as the Chairperson. The Board shall consist of:

(1) one commissioner with at least 5 years of service

as a federal judge;

(2) 2 commissioners with at least 5 years of experience

serving as an attorney with the United States Department of

Justice;

(3) 3 commissioners with at least 5 years of experience

as a federal agent or employee with investigative

experience or duties related to criminal justice under the

United States Department of Justice, Drug Enforcement

Administration, Department of Homeland Security, or

Federal Bureau of Investigation; and

(4) one member with at least 5 years of experience as a

licensed physician or clinical psychologist with expertise

in the diagnosis and treatment of mental illness.

(b) The initial terms of the commissioners shall end on

January 12, 2015. Thereafter, the commissioners shall hold

office for 4 years, with terms expiring on the second Monday in

January of the fourth year. Commissioners may be reappointed.

Vacancies in the office of commissioner shall be filled in the

same manner as the original appointment, for the remainder of

the unexpired term. The Governor may remove a commissioner for

incompetence, neglect of duty, malfeasance, or inability to

serve. Commissioners shall receive compensation in an amount

equal to the compensation of members of the Executive Ethics

Commission and may be reimbursed for reasonable expenses

actually incurred in the performance of their Board duties,

from funds appropriated for that purpose.

(c) The Board shall meet at the call of the chairperson as

often as necessary to consider objections to applications for a

license under this Act. If necessary to ensure the

participation of a commissioner, the Board shall allow a

commissioner to participate in a Board meeting by electronic

communication. Any commissioner participating electronically

shall be deemed present for purposes of establishing a quorum

and voting.

(d) The Board shall adopt rules for the review of

objections and the conduct of hearings. The Board shall

maintain a record of its decisions and all materials considered

in making its decisions. All Board decisions and voting records

shall be kept confidential and all materials considered by the

Board shall be exempt from inspection except upon order of a

court.

(e) In considering an objection of a law enforcement agency

or the Department, the Board shall review the materials

received with the objection from the law enforcement agency or

the Department. By a vote of at least 4 commissioners, the

Board may request additional information from the law

enforcement agency, Department, or the applicant, or the

testimony of the law enforcement agency, Department, or the

applicant. The Board may require that the applicant submit

electronic fingerprints to the Department for an updated

background check where the Board determines it lacks sufficient

information to determine eligibility. The Board may only

consider information submitted by the Department, a law

enforcement agency, or the applicant. The Board shall review

each objection and determine by a majority of commissioners

whether an applicant is eligible for a license.

(f) The Board shall issue a decision within 30 days of

receipt of the objection from the Department. However, the

Board need not issue a decision within 30 days if:

(1) the Board requests information from the applicant,

including but not limited to electronic fingerprints to be

submitted to the Department, in accordance with subsection

(e) of this Section, in which case the Board shall make a

decision within 30 days of receipt of the required

information from the applicant;

(2) the applicant agrees, in writing, to allow the

Board additional time to consider an objection; or

(3) the Board notifies the applicant and the Department

that the Board needs an additional 30 days to issue a

decision.

(g) If the Board determines by a preponderance of the

evidence that the applicant poses a danger to himself or

herself or others, or is a threat to public safety, then the

Board shall affirm the objection of the law enforcement agency

or the Department and shall notify the Department that the

applicant is ineligible for a license. If the Board does not

determine by a preponderance of the evidence that the applicant

poses a danger to himself or herself or others, or is a threat

to public safety, then the Board shall notify the Department

that the applicant is eligible for a license.

(h) Meetings of the Board shall not be subject to the Open

Meetings Act and records of the Board shall not be subject to

the Freedom of Information Act.

(i) The Board shall report monthly to the Governor and the

General Assembly on the number of objections received and

provide details of the circumstances in which the Board has

determined to deny licensure based on law enforcement or

Department objections under Section 15 of this Act. The report

shall not contain any identifying information about the

applicants.

(Source: P.A. 98-63, eff. 7-9-13.)

(430 ILCS 66/40)

Sec. 40. Non-resident license applications.

(a) For the purposes of this Section, "non-resident" means

a person who has not resided within this State for more than 30

days and resides in another state or territory.

(b) The Department shall by rule allow for non-resident

license applications from any state or territory of the United

States with laws related to firearm ownership, possession, and

carrying, that are substantially similar to the requirements to

obtain a license under this Act.

(c) A resident of a state or territory approved by the

Department under subsection (b) of this Section may apply for a

non-resident license. The applicant shall apply to the

Department and must meet all of the qualifications established

in Section 25 of this Act, except for the Illinois residency

requirement in item (xiv) of paragraph (2) of subsection (a) of

Section 4 of the Firearm Owners Identification Card Act. The

applicant shall submit:

(1) the application and documentation required under

Section 30 of this Act and the applicable fee;

(2) a notarized document stating that the applicant:

(A) is eligible under federal law and the laws of

his or her state or territory of residence to own or

possess a firearm;

(B) if applicable, has a license or permit to carry

a firearm or concealed firearm issued by his or her

state or territory of residence and attach a copy of

the license or permit to the application;

(C) understands Illinois laws pertaining to the

possession and transport of firearms, and

(D) acknowledges that the applicant is subject to

the jurisdiction of the Department and Illinois courts

for any violation of this Act; and

(3) a photocopy of any certificates or other evidence

of compliance with the training requirements under Section

75 of this Act; and

(4) a head and shoulder color photograph in a size

specified by the Department taken within the 30 days

preceding the date of the application.

(d) In lieu of an Illinois driver's license or Illinois

identification card, a non-resident applicant shall provide

similar documentation from his or her state or territory of

residence. In lieu of a valid Firearm Owner's Identification

Card, the applicant shall submit documentation and information

required by the Department to obtain a Firearm Owner's

Identification Card, including an affidavit that the

non-resident meets the mental health standards to obtain a

firearm under Illinois law, and the Department shall ensure

that the applicant would meet the eligibility criteria to

obtain a Firearm Owner's Identification card if he or she was a

resident of this State.

(e) Nothing in this Act shall prohibit a non-resident from

transporting a concealed firearm within his or her vehicle in

Illinois, if the concealed firearm remains within his or her

vehicle and the non-resident:

(1) is not prohibited from owning or possessing a

firearm under federal law;

(2) is eligible to carry a firearm in public under the

laws of his or her state or territory of residence, as

evidenced by the possession of a concealed carry license or

permit issued by his or her state of residence, if

applicable; and

(3) is not in possession of a license under this Act.

If the non-resident leaves his or her vehicle unattended,

he or she shall store the firearm within a locked vehicle or

locked container within the vehicle in accordance with

subsection (b) of Section 65 of this Act.

(Source: P.A. 98-63, eff. 7-9-13.)

(430 ILCS 66/75)

Sec. 75. Applicant firearm training.

(a) Within 60 days of the effective date of this Act, the

Department shall begin approval of firearm training courses and

shall make a list of approved courses available on the

Department's website.

(b) An applicant for a new license shall provide proof of

completion of a firearms training course or combination of

courses approved by the Department of at least 16 hours, which

includes range qualification time under subsection (c) of this

Section, that covers the following:

(1) firearm safety;

(2) the basic principles of marksmanship;

(3) care, cleaning, loading, and unloading of a

concealable firearm;

(4) all applicable State and federal laws relating to

the ownership, storage, carry, and transportation of a

firearm; and

(5) instruction on the appropriate and lawful

interaction with law enforcement while transporting or

carrying a concealed firearm.

(c) An applicant for a new license shall provide proof of

certification by a certified instructor that the applicant

passed a live fire exercise with a concealable firearm

consisting of:

(1) a minimum of 30 rounds; and

(2) 10 rounds from a distance of 5 yards; 10 rounds

from a distance of 7 yards; and 10 rounds from a distance

of 10 yards at a B-27 silhouette target approved by the

Department.

(d) An applicant for renewal of a license shall provide

proof of completion of a firearms training course or

combination of courses approved by the Department of at least 3

hours.

(e) A certificate of completion for an applicant's firearm

training course shall not be issued to a student who:

(1) does not follow the orders of the certified

firearms instructor;

(2) in the judgment of the certified instructor,

handles a firearm in a manner that poses a danger to the

student or to others; or

(3) during the range firing portion of testing fails to

hit the target with 70% of the rounds fired.

(f) An instructor shall maintain a record of each student's

performance for at least 5 years, and shall make all records

available upon demand of authorized personnel of the

Department.

(g) The Department and certified firearms instructors

instructor shall recognize up to 8 hours of training already

completed toward the 16 hour training requirement under this

Section if the training course is submitted to and approved by

the Department and recognized under the laws of another state.

Any remaining hours that the applicant completes must at least

cover the classroom subject matter of paragraph (4) of

subsection (b) of this Section, and the range qualification in

subsection (c) of this Section.

(h) A person who has qualified to carry a firearm as an

active law enforcement or corrections officer, who has

successfully completed firearms training as required by his or

her law enforcement agency and is authorized by his or her

agency to carry a firearm; a person currently certified as a

firearms instructor by this Act or by the Illinois Law

Enforcement Training Standards Board; , or a person who has

completed the required training and has been issued a firearm

control card by the Department of Financial and Professional

Regulation shall be exempt from the requirements of this

Section.

(i) The Department and certified firearms instructors

shall recognize accept 8 hours of training as completed toward

the 16 hour training requirement under this Section, if the

applicant is an active, retired, or honorably discharged member

of the United States Armed Forces. Any remaining hours that the

applicant completes must at least cover the classroom subject

matter of paragraph (4) of subsection (b) of this Section, and

the range qualification in subsection (c) of this Section.

(j) The Department and certified firearms instructors

shall recognize up to 8 hours of training already completed

toward the 16 hour training requirement under this Section if

the training course is approved by the Department and was

completed in connection with the applicant's previous

employment as a law enforcement or corrections officer. Any

remaining hours that the applicant completes must at least

cover the classroom subject matter of paragraph (4) of

subsection (b) of this Section, and the range qualification in

subsection (c) of this Section. A former law enforcement or

corrections officer seeking credit under this subsection (j)

shall provide evidence that he or she separated from employment

in good standing from each law enforcement agency where he or

she was employed. An applicant who was discharged from a law

enforcement agency for misconduct or disciplinary reasons is

not eligible for credit under this subsection (j).

(Source: P.A. 98-63, eff. 7-9-13.)

(430 ILCS 66/80)

Sec. 80. Certified firearms instructors Firearms

instructor training.

(a) Within 60 days of the effective date of this Act, the

Department shall begin approval of certified firearms

instructors and enter certified firearms instructors into an

online registry on the Department's website.

(b) A person who is not a certified firearms instructor

shall not teach applicant training courses or advertise or

otherwise represent courses they teach as qualifying their

students to meet the requirements to receive a license under

this Act. Each violation of this subsection is a business

offense with a fine of at least $1,000 per violation.

(c) A person seeking to become a certified firearms

instructor shall:

(1) be at least 21 years of age;

(2) be a legal resident of the United States; and

(3) meet the requirements of Section 25 of this Act,

except for the Illinois residency requirement in item (xiv)

of paragraph (2) of subsection (a) of Section 4 of the

Firearm Owners Identification Card Act; and any additional

uniformly applied requirements established by the

Department.

(d) A person seeking to become a certified firearms

instructor trainer, in addition to the requirements of

subsection (c) of this Section, shall:

(1) possess a high school diploma or GED certificate;

and

(2) have at least one of the following valid firearms

instructor certifications:

(A) certification from a law enforcement agency;

(B) certification from a firearm instructor course

offered by a State or federal governmental agency;

(C) certification from a firearm instructor

qualification course offered by the Illinois Law

Enforcement Training Standards Board; or

(D) certification from an entity approved by the

Department that offers firearm instructor education

and training in the use and safety of firearms.

(e) A person may have his or her firearms instructor

certification denied or revoked if he or she does not meet the

requirements to obtain a license under this Act, provides false

or misleading information to the Department, or has had a prior

instructor certification revoked or denied by the Department.

(Source: P.A. 98-63, eff. 7-9-13.)