Bill Text: IL SB1291 | 2017-2018 | 100th General Assembly | Introduced


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. Defines "family member of the respondent", "lethal violence order of protection", "petitioner", and "respondent".

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced) 2017-04-07 - Rule 2-10 Committee Deadline Established As May 5, 2017 [SB1291 Detail]

Download: Illinois-2017-SB1291-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1291

Introduced 2/9/2017, by Sen. Julie A. Morrison

SYNOPSIS AS INTRODUCED:
See Index

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. Defines "family member of the respondent", "lethal violence order of protection", "petitioner", and "respondent".
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A BILL FOR

SB1291LRB100 07845 RLC 17914 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 "Lethal violence order of protection" means an order issued
12by the court, prohibiting and enjoining a named person from
13having in his or her custody or control, owning, purchasing,
14possessing, or receiving any firearms.
15 "Petitioner" means:
16 (1) a family member of the respondent as defined in
17 this Act; or
18 (2) a law enforcement officer, who files a petition
19 alleging that the respondent poses a danger of causing
20 personal injury to himself, herself, or another by having
21 in his or her custody or control, owning, purchasing,
22 possessing, or receiving a firearm.
23 "Respondent" means the person alleged in the petition to

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

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

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1order of protection by filing an affidavit or verified pleading
2alleging that the respondent poses an immediate and present
3danger of causing personal injury to himself, herself, or
4another by having in his or her custody or control, owning,
5purchasing, possessing, or receiving a firearm. The petition
6shall also describe the type, and location of any firearm or
7firearms presently believed by the petitioner to be possessed
8or controlled by the respondent.
9 (b) Every person who files a petition for an emergency
10lethal violence order, knowing the information provided to the
11court at any hearing or in the affidavit or verified pleading
12to be false, is guilty of perjury under Section 32-2 of the
13Criminal Code of 2012.
14 (c) An emergency order of protection shall be issued on an
15ex parte basis, that is, without notice to the respondent.
16 (d) An emergency hearing held on an ex parte basis shall be
17held the same day that the petition is filed or the next day
18that the court is in session.
19 (e) If a circuit or associate judge finds reasonable cause
20to believe that the respondent poses an immediate and present
21danger of causing personal injury to himself, herself, or
22another by having in his or her custody or control, owning,
23purchasing, possessing, or receiving a firearm the circuit or
24associate judge shall issue an emergency order.
25 (f) An emergency lethal violence order of protection shall
26require:

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1 (1) the respondent to refrain from having in his or her
2 custody or control, owning, purchasing, possessing, or
3 receiving additional firearms for the duration of the
4 order;
5 (2) the respondent to turn over to the local law
6 enforcement agency any Firearm Owner's Identification Card
7 and concealed carry license in his or her possession. The
8 local law enforcement agency shall immediately mail the
9 card and concealed carry license to the Department of State
10 Police Firearm Owner's Identification Card Office for
11 safekeeping. The firearm or firearms and Firearm Owner's
12 Identification Card and concealed carry license, if
13 unexpired, shall at the respondent's request, be returned
14 to the respondent after the lethal violence order of
15 protection is terminated or expired. It is the respondent's
16 responsibility to notify the Department of State Police
17 Firearm Owner's Identification Card Office; and
18 (3) any law-enforcement agency to forthwith search for
19 and seize firearms of the respondent upon probable cause
20 that the respondent has possession of a firearm, and
21 petitioner or the court can describe, with sufficient
22 particularity, the location of the firearm or firearms.
23 (g) Upon expiration of the period of safekeeping, if the
24firearms or Firearm Owner's Identification Card and concealed
25carry license cannot be returned to respondent because
26respondent cannot be located, fails to respond to requests to

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1retrieve the firearms, or is not lawfully eligible to possess a
2firearm, upon petition from the local law enforcement agency,
3the court may order the local law enforcement agency to destroy
4the firearms, use the firearms for training purposes, or for
5any other application as deemed appropriate by the local law
6enforcement agency.
7 (h) In accordance with subsection (d) of this Section, the
8court shall schedule a full hearing within 14 days of the
9issuance of an ex parte lethal violence order of protection to
10determine if a one-year lethal violence order of protection
11shall be issued. The court may extend an ex parte order as
12needed, but not to exceed 30 days, to effectuate service of the
13order or if necessary to continue protection.
14 Section 40. One-year orders.
15 (a) A petitioner may request a one-year lethal violence
16order of protection by filing an affidavit or verified pleading
17alleging that the respondent poses a significant danger of
18causing personal injury to himself, herself, or another in the
19near future by having in his or her custody or control, owning,
20purchasing, possessing, or receiving a firearm. The petition
21shall also describe the number, types, and locations of any
22firearms presently believed by the petitioner to be possessed
23or controlled by the respondent.
24 (b) Every person who files a petition for an emergency
25lethal violence order, knowing the information provided to the

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1court at any hearing or in the affidavit or verified pleading
2to be false, is guilty of perjury under Section 32-2 of the
3Criminal Code of 2012.
4 (c) Upon receipt of a petition for a one-year lethal
5violence order of protection, the court shall order a hearing
6within 30 days.
7 (d) In determining whether to issue a lethal violence order
8of protection under this Section, the court shall consider
9evidence of:
10 (1) A recent threat of violence or act of violence by
11 the respondent directed toward himself, herself, or
12 another.
13 (2) A violation of an emergency order of protection
14 issued under Section 217 of the Illinois Domestic Violence
15 Act of 1986 or Section 112A-17 of the Code of Criminal
16 Procedure of 1963 or of an order of protection issued under
17 Section 214 of the Illinois Domestic Violence Act of 1986
18 or Section 112A-14 of the Code of Criminal Procedure of
19 1963.
20 (3) A pattern of violent acts or violent threats,
21 including, but not limited to, threats of violence or acts
22 of violence by the respondent directed toward himself,
23 herself, or another.
24 (e) In determining whether to issue a lethal violence order
25of protection under this Section, the court may consider
26evidence including, but not limited to, the following:

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1 (1) The unlawful and reckless use, display, or
2 brandishing of a firearm by the respondent.
3 (2) The history of use, attempted use, or threatened
4 use of physical force by the respondent against another
5 person.
6 (3) Any prior arrest of the respondent for a felony
7 offense.
8 (4) Evidence of the abuse of controlled substances or
9 alcohol by the respondent.
10 (5) Evidence of recent acquisition of firearms,
11 ammunition, or other deadly weapons.
12 (f) At the hearing, the petitioner shall have the burden of
13proving, by preponderance of the evidence, that the respondent
14poses a significant danger of personal injury to himself,
15herself, or another by having in his or her custody or control,
16owning, purchasing, possessing, or receiving a firearm.
17 (g) If the court finds that there is a preponderance of the
18evidence to issue a lethal violence order of protection, the
19court shall issue a lethal violence order of protection that
20shall be in effect for one year subject to renewal under
21Section 45 of this Act or termination under that Section.
22 (h) A one-year lethal violence order of protection shall
23require:
24 (1) the respondent to refrain from having in his or her
25 custody or control, owning, purchasing, possessing or
26 receiving additional firearms for the duration of the

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

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1law enforcement agency to destroy the firearms, use the
2firearms for training purposes, or for any other application as
3deemed appropriate by the local law enforcement agency.
4 (j) If the court does not issue a lethal violence order of
5protection at the hearing, the court shall dissolve any
6emergency lethal violence order of protection then in effect.
7 (k) When the court issues a lethal violence order of
8protection under this Section, the court shall inform the
9respondent that he or she is entitled to one hearing during the
10period of the order to request a termination of the order,
11under Section 45 of this Act, and shall provide the respondent
12with a form to request a hearing.
13 Section 45. Termination and renewal.
14 (a) A person subject to a lethal violence order of
15protection issued under this Act may submit one written request
16at any time during the effective period of the order for a
17hearing to terminate the order.
18 (1) The respondent shall have the burden of proving by
19 a preponderance of the evidence that the respondent does
20 not pose a danger of causing personal injury to himself,
21 herself, or another in the near future by having in his or
22 her custody or control, owning, purchasing, possessing, or
23 receiving a firearm.
24 (2) If the court finds after the hearing that the
25 respondent has met his or her burden, the court shall

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

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1 one year, subject to termination by further order of the
2 court at a hearing held under this Section and further
3 renewal by further order of the court under this Section.
4 Section 50. Notice of orders.
5 (a) Entry and issuance. Upon issuance of any lethal
6violence order of protection, the clerk shall immediately, or
7on the next court day if an emergency lethal violence order of
8protection is issued in accordance with Section 35 of this Act
9(emergency lethal violence order of protection), (i) enter the
10order on the record and file it in accordance with the circuit
11court procedures and (ii) provide a file stamped copy of the
12order to respondent, if present, and to petitioner.
13 (b) Filing with sheriff. The clerk of the issuing judge
14shall, or the petitioner may, on the same day that a lethal
15violence order of protection is issued, file a certified copy
16of that order with the sheriff or other law enforcement
17officials charged with maintaining Department of State Police
18records or charged with serving the order upon respondent. If
19the order was issued in accordance with Section 35 of this Act
20(emergency lethal violence order of protection), the clerk
21shall on the next court day, file a certified copy of the order
22with the sheriff or other law enforcement officials charged
23with maintaining Department of State Police records.
24 (c) Service by sheriff. Unless respondent was present in
25court when the order was issued, the sheriff, other law

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1enforcement official, or special process server shall promptly
2serve that order upon respondent and file proof of the service,
3in the manner provided for service of process in civil
4proceedings. Instead of serving the order upon the respondent,
5however, the sheriff, other law enforcement official, special
6process server, or other persons defined in Section 112A-22.10
7of the Criminal Code of 1963 may serve the respondent with a
8short form notification as provided in that Section. If process
9has not yet been served upon the respondent, it shall be served
10with the order or short form notification if the service is
11made by the sheriff, other law enforcement official, or special
12process server. A single fee may be charged for service of an
13order obtained in circuit court, or for service of the order
14together with process, unless waived or deferred under
15subsection (c) of Section 10 of this Act.
16 (d) Any order renewing or terminating any lethal violence
17order of protection shall be promptly recorded, issued, and
18served as provided in this Section.
19 Section 55. Data maintenance by law enforcement agencies.
20 (a) All sheriffs shall furnish to the Department of State
21Police, daily, in the form and detail the Department requires,
22copies of any recorded lethal violence order of protection
23issued by the court, and any foreign orders of protection filed
24by the clerk of the court, and transmitted to the sheriff by
25the clerk of the court under Section 50. Each lethal violence

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1order of protection shall be entered in the Law Enforcement
2Agencies Data System (LEADS) on the same day it is issued by
3the court. If an emergency lethal violence order of protection
4was issued in accordance with Section 35 of this Act, the order
5shall be entered in the Law Enforcement Agencies Data System
6(LEADS) as soon as possible after receipt from the clerk.
7 (b) The Department of State Police shall maintain a
8complete and systematic record and index of all valid and
9recorded lethal violence orders of protection issued or filed
10under this Act. The data shall be used to inform all
11dispatchers and law enforcement officers at the scene of a
12violation of lethal violence order of protection of the
13effective dates and terms of any recorded order of protection.
14 (c) The data, records and transmittals required under this
15Section shall pertain to any valid emergency or one-year lethal
16violence order of protection, whether issued in a civil or
17criminal proceeding or authorized under the laws of another
18state, tribe, or United States territory.
19 Section 60. Filing of a lethal violence order of protection
20issued by another state.
21 (a) A person entitled to protection under a lethal violence
22order of protection or similar order issued by the court of
23another state, tribe, or United States territory may file a
24certified copy of the lethal violence order of protection with
25the clerk of the court in a judicial circuit in which the

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1person believes that enforcement may be necessary.
2 (b) The clerk shall:
3 (1) treat the foreign lethal violence order of
4 protection in the same manner as a judgment of the circuit
5 court for any county of this State in accordance with the
6 provisions of the Uniform Enforcement of Foreign Judgments
7 Act, except that the clerk shall not mail notice of the
8 filing of the foreign order to the respondent named in the
9 order; and
10 (2) on the same day that a foreign lethal violence
11 order of protection is filed, file a certified copy of that
12 order with the sheriff or other law enforcement officials
13 charged with maintaining Department of State Police
14 records as set forth in Section 55 of this Act.
15 (c) Neither residence in this State nor filing of a foreign
16lethal violence order of protection shall be required for
17enforcement of the order by this State. Failure to file the
18foreign order shall not be an impediment to its treatment in
19all respects as an Illinois lethal violence order of
20protection.
21 (d) The clerk shall not charge a fee to file a foreign
22order of protection under this Section.
23 Section 65. Enforcement; sanctions for violation of order.
24 (a) A respondent who knowingly violates a lethal violence
25order of protection is guilty of a Class A misdemeanor.

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1Prosecution for a violation of a lethal violence order of
2protection shall not bar concurrent prosecution for any other
3crime, including any crime that may have been committed at the
4time of the violation of the lethal violence order of
5protection.
6 (b) A petitioner who files a petition for a lethal violence
7order of protection knowing the information in the petition to
8be false is guilty of a Class A misdemeanor.
9 Section 70. Non-preclusion of remedies. Nothing in this Act
10shall preclude a petitioner or law-enforcement officer from
11removing weapons under other authority, or filing criminal
12charges when probable cause exists.
13 Section 135. The Firearm Owners Identification Card Act is
14amended by changing Section 8.2 as follows:
15 (430 ILCS 65/8.2)
16 Sec. 8.2. Firearm Owner's Identification Card denial or
17revocation. The Department of State Police shall deny an
18application or shall revoke and seize a Firearm Owner's
19Identification Card previously issued under this Act if the
20Department finds that the applicant or person to whom such card
21was issued is or was at the time of issuance subject to an
22existing order of protection or lethal violence order of
23protection.

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1(Source: P.A. 96-701, eff. 1-1-10.)
2 Section 140. The Firearm Concealed Carry Act is amended by
3changing Section 70 as follows:
4 (430 ILCS 66/70)
5 Sec. 70. Violations.
6 (a) A license issued or renewed under this Act shall be
7revoked if, at any time, the licensee is found to be ineligible
8for a license under this Act or the licensee no longer meets
9the eligibility requirements of the Firearm Owners
10Identification Card Act.
11 (b) A license shall be suspended if an order of protection,
12including an emergency order of protection, plenary order of
13protection, or interim order of protection under Article 112A
14of the Code of Criminal Procedure of 1963 or under the Illinois
15Domestic Violence Act of 1986, or if a lethal violence order of
16protection, including an emergency lethal violence order of
17protection, under the Lethal Violence Order of Protection Act,
18is issued against a licensee for the duration of the order, or
19if the Department is made aware of a similar order issued
20against the licensee in any other jurisdiction. If an order of
21protection is issued against a licensee, the licensee shall
22surrender the license, as applicable, to the court at the time
23the order is entered or to the law enforcement agency or entity
24serving process at the time the licensee is served the order.

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1The court, law enforcement agency, or entity responsible for
2serving the order of protection shall notify the Department
3within 7 days and transmit the license to the Department.
4 (c) A license is invalid upon expiration of the license,
5unless the licensee has submitted an application to renew the
6license, and the applicant is otherwise eligible to possess a
7license under this Act.
8 (d) A licensee shall not carry a concealed firearm while
9under the influence of alcohol, other drug or drugs,
10intoxicating compound or combination of compounds, or any
11combination thereof, under the standards set forth in
12subsection (a) of Section 11-501 of the Illinois Vehicle Code.
13 A licensee in violation of this subsection (d) shall be
14guilty of a Class A misdemeanor for a first or second violation
15and a Class 4 felony for a third violation. The Department may
16suspend a license for up to 6 months for a second violation and
17shall permanently revoke a license for a third violation.
18 (e) Except as otherwise provided, a licensee in violation
19of this Act shall be guilty of a Class B misdemeanor. A second
20or subsequent violation is a Class A misdemeanor. The
21Department may suspend a license for up to 6 months for a
22second violation and shall permanently revoke a license for 3
23or more violations of Section 65 of this Act. Any person
24convicted of a violation under this Section shall pay a $150
25fee to be deposited into the Mental Health Reporting Fund, plus
26any applicable court costs or fees.

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1 (f) A licensee convicted or found guilty of a violation of
2this Act who has a valid license and is otherwise eligible to
3carry a concealed firearm shall only be subject to the
4penalties under this Section and shall not be subject to the
5penalties under Section 21-6, paragraph (4), (8), or (10) of
6subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
7of paragraph (3) of subsection (a) of Section 24-1.6 of the
8Criminal Code of 2012. Except as otherwise provided in this
9subsection, nothing in this subsection prohibits the licensee
10from being subjected to penalties for violations other than
11those specified in this Act.
12 (g) A licensee whose license is revoked, suspended, or
13denied shall, within 48 hours of receiving notice of the
14revocation, suspension, or denial, surrender his or her
15concealed carry license to the local law enforcement agency
16where the person resides. The local law enforcement agency
17shall provide the licensee a receipt and transmit the concealed
18carry license to the Department of State Police. If the
19licensee whose concealed carry license has been revoked,
20suspended, or denied fails to comply with the requirements of
21this subsection, the law enforcement agency where the person
22resides may petition the circuit court to issue a warrant to
23search for and seize the concealed carry license in the
24possession and under the custody or control of the licensee
25whose concealed carry license has been revoked, suspended, or
26denied. The observation of a concealed carry license in the

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1possession of a person whose license has been revoked,
2suspended, or denied constitutes a sufficient basis for the
3arrest of that person for violation of this subsection. A
4violation of this subsection is a Class A misdemeanor.
5 (h) A license issued or renewed under this Act shall be
6revoked if, at any time, the licensee is found ineligible for a
7Firearm Owner's Identification Card, or the licensee no longer
8possesses a valid Firearm Owner's Identification Card. A
9licensee whose license is revoked under this subsection (h)
10shall surrender his or her concealed carry license as provided
11for in subsection (g) of this Section.
12 This subsection shall not apply to a person who has filed
13an application with the State Police for renewal of a Firearm
14Owner's Identification Card and who is not otherwise ineligible
15to obtain a Firearm Owner's Identification Card.
16 (i) A certified firearms instructor who knowingly provides
17or offers to provide a false certification that an applicant
18has completed firearms training as required under this Act is
19guilty of a Class A misdemeanor. A person guilty of a violation
20of this subsection (i) is not eligible for court supervision.
21The Department shall permanently revoke the firearms
22instructor certification of a person convicted under this
23subsection (i).
24(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899,
25eff. 8-15-14.)

SB1291- 21 -LRB100 07845 RLC 17914 b
1 INDEX
2 Statutes amended in order of appearance