HB0562 Enrolled LRB102 02734 SPS 12886 b
1		AN ACT concerning regulation.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 3. The Open Meetings Act is amended by changing
5		Section 2 as follows:
6		(5 ILCS 120/2) (from Ch. 102, par. 42)
7		(Text of Section before amendment by P.A. 101-652)
8		Sec. 2. Open meetings.
9		(a) Openness required. All meetings of public bodies shall
10		be open to the public unless excepted in subsection (c) and
11		closed in accordance with Section 2a.
12		(b) Construction of exceptions. The exceptions contained
13		in subsection (c) are in derogation of the requirement that
14		public bodies meet in the open, and therefore, the exceptions
15		are to be strictly construed, extending only to subjects
16		clearly within their scope. The exceptions authorize but do
17		not require the holding of a closed meeting to discuss a
18		subject included within an enumerated exception.
19		(c) Exceptions. A public body may hold closed meetings to
20		consider the following subjects:
21		(1) The appointment, employment, compensation,
22		discipline, performance, or dismissal of specific
23		employees, specific individuals who serve as independent

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1		contractors in a park, recreational, or educational
2		setting, or specific volunteers of the public body or
3		legal counsel for the public body, including hearing
4		testimony on a complaint lodged against an employee, a
5		specific individual who serves as an independent
6		contractor in a park, recreational, or educational
7		setting, or a volunteer of the public body or against
8		legal counsel for the public body to determine its
9		validity. However, a meeting to consider an increase in
10		compensation to a specific employee of a public body that
11		is subject to the Local Government Wage Increase
12		Transparency Act may not be closed and shall be open to the
13		public and posted and held in accordance with this Act.
14		(2) Collective negotiating matters between the public
15		body and its employees or their representatives, or
16		deliberations concerning salary schedules for one or more
17		classes of employees.
18		(3) The selection of a person to fill a public office,
19		as defined in this Act, including a vacancy in a public
20		office, when the public body is given power to appoint
21		under law or ordinance, or the discipline, performance or
22		removal of the occupant of a public office, when the
23		public body is given power to remove the occupant under
24		law or ordinance.
25		(4) Evidence or testimony presented in open hearing,
26		or in closed hearing where specifically authorized by law,

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1		to a quasi-adjudicative body, as defined in this Act,
2		provided that the body prepares and makes available for
3		public inspection a written decision setting forth its
4		determinative reasoning.
5		(5) The purchase or lease of real property for the use
6		of the public body, including meetings held for the
7		purpose of discussing whether a particular parcel should
8		be acquired.
9		(6) The setting of a price for sale or lease of
10		property owned by the public body.
11		(7) The sale or purchase of securities, investments,
12		or investment contracts. This exception shall not apply to
13		the investment of assets or income of funds deposited into
14		the Illinois Prepaid Tuition Trust Fund.
15		(8) Security procedures, school building safety and
16		security, and the use of personnel and equipment to
17		respond to an actual, a threatened, or a reasonably
18		potential danger to the safety of employees, students,
19		staff, the public, or public property.
20		(9) Student disciplinary cases.
21		(10) The placement of individual students in special
22		education programs and other matters relating to
23		individual students.
24		(11) Litigation, when an action against, affecting or
25		on behalf of the particular public body has been filed and
26		is pending before a court or administrative tribunal, or

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1		when the public body finds that an action is probable or
2		imminent, in which case the basis for the finding shall be
3		recorded and entered into the minutes of the closed
4		meeting.
5		(12) The establishment of reserves or settlement of
6		claims as provided in the Local Governmental and
7		Governmental Employees Tort Immunity Act, if otherwise the
8		disposition of a claim or potential claim might be
9		prejudiced, or the review or discussion of claims, loss or
10		risk management information, records, data, advice or
11		communications from or with respect to any insurer of the
12		public body or any intergovernmental risk management
13		association or self insurance pool of which the public
14		body is a member.
15		(13) Conciliation of complaints of discrimination in
16		the sale or rental of housing, when closed meetings are
17		authorized by the law or ordinance prescribing fair
18		housing practices and creating a commission or
19		administrative agency for their enforcement.
20		(14) Informant sources, the hiring or assignment of
21		undercover personnel or equipment, or ongoing, prior or
22		future criminal investigations, when discussed by a public
23		body with criminal investigatory responsibilities.
24		(15) Professional ethics or performance when
25		considered by an advisory body appointed to advise a
26		licensing or regulatory agency on matters germane to the

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1		advisory body's field of competence.
2		(16) Self evaluation, practices and procedures or
3		professional ethics, when meeting with a representative of
4		a statewide association of which the public body is a
5		member.
6		(17) The recruitment, credentialing, discipline or
7		formal peer review of physicians or other health care
8		professionals, or for the discussion of matters protected
9		under the federal Patient Safety and Quality Improvement
10		Act of 2005, and the regulations promulgated thereunder,
11		including 42 C.F.R. Part 3 (73 FR 70732), or the federal
12		Health Insurance Portability and Accountability Act of
13		1996, and the regulations promulgated thereunder,
14		including 45 C.F.R. Parts 160, 162, and 164, by a
15		hospital, or other institution providing medical care,
16		that is operated by the public body.
17		(18) Deliberations for decisions of the Prisoner
18		Review Board.
19		(19) Review or discussion of applications received
20		under the Experimental Organ Transplantation Procedures
21		Act.
22		(20) The classification and discussion of matters
23		classified as confidential or continued confidential by
24		the State Government Suggestion Award Board.
25		(21) Discussion of minutes of meetings lawfully closed
26		under this Act, whether for purposes of approval by the

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1		body of the minutes or semi-annual review of the minutes
2		as mandated by Section 2.06.
3		(22) Deliberations for decisions of the State
4		Emergency Medical Services Disciplinary Review Board.
5		(23) The operation by a municipality of a municipal
6		utility or the operation of a municipal power agency or
7		municipal natural gas agency when the discussion involves
8		(i) contracts relating to the purchase, sale, or delivery
9		of electricity or natural gas or (ii) the results or
10		conclusions of load forecast studies.
11		(24) Meetings of a residential health care facility
12		resident sexual assault and death review team or the
13		Executive Council under the Abuse Prevention Review Team
14		Act.
15		(25) Meetings of an independent team of experts under
16		Brian's Law.
17		(26) Meetings of a mortality review team appointed
18		under the Department of Juvenile Justice Mortality Review
19		Team Act.
20		(27) (Blank).
21		(28) Correspondence and records (i) that may not be
22		disclosed under Section 11-9 of the Illinois Public Aid
23		Code or (ii) that pertain to appeals under Section 11-8 of
24		the Illinois Public Aid Code.
25		(29) Meetings between internal or external auditors
26		and governmental audit committees, finance committees, and

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1		their equivalents, when the discussion involves internal
2		control weaknesses, identification of potential fraud risk
3		areas, known or suspected frauds, and fraud interviews
4		conducted in accordance with generally accepted auditing
5		standards of the United States of America.
6		(30) Those meetings or portions of meetings of a
7		fatality review team or the Illinois Fatality Review Team
8		Advisory Council during which a review of the death of an
9		eligible adult in which abuse or neglect is suspected,
10		alleged, or substantiated is conducted pursuant to Section
11		15 of the Adult Protective Services Act.
12		(31) Meetings and deliberations for decisions of the
13		Concealed Carry Licensing Review Board under the Firearm
14		Concealed Carry Act.
15		(32) Meetings between the Regional Transportation
16		Authority Board and its Service Boards when the discussion
17		involves review by the Regional Transportation Authority
18		Board of employment contracts under Section 28d of the
19		Metropolitan Transit Authority Act and Sections 3A.18 and
20		3B.26 of the Regional Transportation Authority Act.
21		(33) Those meetings or portions of meetings of the
22		advisory committee and peer review subcommittee created
23		under Section 320 of the Illinois Controlled Substances
24		Act during which specific controlled substance prescriber,
25		dispenser, or patient information is discussed.
26		(34) Meetings of the Tax Increment Financing Reform

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1		Task Force under Section 2505-800 of the Department of
2		Revenue Law of the Civil Administrative Code of Illinois.
3		(35) Meetings of the group established to discuss
4		Medicaid capitation rates under Section 5-30.8 of the
5		Illinois Public Aid Code.
6		(36) Those deliberations or portions of deliberations
7		for decisions of the Illinois Gaming Board in which there
8		is discussed any of the following: (i) personal,
9		commercial, financial, or other information obtained from
10		any source that is privileged, proprietary, confidential,
11		or a trade secret; or (ii) information specifically
12		exempted from the disclosure by federal or State law.
13		(d) Definitions. For purposes of this Section:
14		"Employee" means a person employed by a public body whose
15		relationship with the public body constitutes an
16		employer-employee relationship under the usual common law
17		rules, and who is not an independent contractor.
18		"Public office" means a position created by or under the
19		Constitution or laws of this State, the occupant of which is
20		charged with the exercise of some portion of the sovereign
21		power of this State. The term "public office" shall include
22		members of the public body, but it shall not include
23		organizational positions filled by members thereof, whether
24		established by law or by a public body itself, that exist to
25		assist the body in the conduct of its business.
26		"Quasi-adjudicative body" means an administrative body

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1		charged by law or ordinance with the responsibility to conduct
2		hearings, receive evidence or testimony and make
3		determinations based thereon, but does not include local
4		electoral boards when such bodies are considering petition
5		challenges.
6		(e) Final action. No final action may be taken at a closed
7		meeting. Final action shall be preceded by a public recital of
8		the nature of the matter being considered and other
9		information that will inform the public of the business being
10		conducted.
11		(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17;
12		100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff.
13		8-23-19; revised 9-27-19.)
14		(Text of Section after amendment by P.A. 101-652)
15		Sec. 2. Open meetings.
16		(a) Openness required. All meetings of public bodies shall
17		be open to the public unless excepted in subsection (c) and
18		closed in accordance with Section 2a.
19		(b) Construction of exceptions. The exceptions contained
20		in subsection (c) are in derogation of the requirement that
21		public bodies meet in the open, and therefore, the exceptions
22		are to be strictly construed, extending only to subjects
23		clearly within their scope. The exceptions authorize but do
24		not require the holding of a closed meeting to discuss a
25		subject included within an enumerated exception.

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1		(c) Exceptions. A public body may hold closed meetings to
2		consider the following subjects:
3		(1) The appointment, employment, compensation,
4		discipline, performance, or dismissal of specific
5		employees, specific individuals who serve as independent
6		contractors in a park, recreational, or educational
7		setting, or specific volunteers of the public body or
8		legal counsel for the public body, including hearing
9		testimony on a complaint lodged against an employee, a
10		specific individual who serves as an independent
11		contractor in a park, recreational, or educational
12		setting, or a volunteer of the public body or against
13		legal counsel for the public body to determine its
14		validity. However, a meeting to consider an increase in
15		compensation to a specific employee of a public body that
16		is subject to the Local Government Wage Increase
17		Transparency Act may not be closed and shall be open to the
18		public and posted and held in accordance with this Act.
19		(2) Collective negotiating matters between the public
20		body and its employees or their representatives, or
21		deliberations concerning salary schedules for one or more
22		classes of employees.
23		(3) The selection of a person to fill a public office,
24		as defined in this Act, including a vacancy in a public
25		office, when the public body is given power to appoint
26		under law or ordinance, or the discipline, performance or

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1		removal of the occupant of a public office, when the
2		public body is given power to remove the occupant under
3		law or ordinance.
4		(4) Evidence or testimony presented in open hearing,
5		or in closed hearing where specifically authorized by law,
6		to a quasi-adjudicative body, as defined in this Act,
7		provided that the body prepares and makes available for
8		public inspection a written decision setting forth its
9		determinative reasoning.
10		(5) The purchase or lease of real property for the use
11		of the public body, including meetings held for the
12		purpose of discussing whether a particular parcel should
13		be acquired.
14		(6) The setting of a price for sale or lease of
15		property owned by the public body.
16		(7) The sale or purchase of securities, investments,
17		or investment contracts. This exception shall not apply to
18		the investment of assets or income of funds deposited into
19		the Illinois Prepaid Tuition Trust Fund.
20		(8) Security procedures, school building safety and
21		security, and the use of personnel and equipment to
22		respond to an actual, a threatened, or a reasonably
23		potential danger to the safety of employees, students,
24		staff, the public, or public property.
25		(9) Student disciplinary cases.
26		(10) The placement of individual students in special

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1		education programs and other matters relating to
2		individual students.
3		(11) Litigation, when an action against, affecting or
4		on behalf of the particular public body has been filed and
5		is pending before a court or administrative tribunal, or
6		when the public body finds that an action is probable or
7		imminent, in which case the basis for the finding shall be
8		recorded and entered into the minutes of the closed
9		meeting.
10		(12) The establishment of reserves or settlement of
11		claims as provided in the Local Governmental and
12		Governmental Employees Tort Immunity Act, if otherwise the
13		disposition of a claim or potential claim might be
14		prejudiced, or the review or discussion of claims, loss or
15		risk management information, records, data, advice or
16		communications from or with respect to any insurer of the
17		public body or any intergovernmental risk management
18		association or self insurance pool of which the public
19		body is a member.
20		(13) Conciliation of complaints of discrimination in
21		the sale or rental of housing, when closed meetings are
22		authorized by the law or ordinance prescribing fair
23		housing practices and creating a commission or
24		administrative agency for their enforcement.
25		(14) Informant sources, the hiring or assignment of
26		undercover personnel or equipment, or ongoing, prior or

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1		future criminal investigations, when discussed by a public
2		body with criminal investigatory responsibilities.
3		(15) Professional ethics or performance when
4		considered by an advisory body appointed to advise a
5		licensing or regulatory agency on matters germane to the
6		advisory body's field of competence.
7		(16) Self evaluation, practices and procedures or
8		professional ethics, when meeting with a representative of
9		a statewide association of which the public body is a
10		member.
11		(17) The recruitment, credentialing, discipline or
12		formal peer review of physicians or other health care
13		professionals, or for the discussion of matters protected
14		under the federal Patient Safety and Quality Improvement
15		Act of 2005, and the regulations promulgated thereunder,
16		including 42 C.F.R. Part 3 (73 FR 70732), or the federal
17		Health Insurance Portability and Accountability Act of
18		1996, and the regulations promulgated thereunder,
19		including 45 C.F.R. Parts 160, 162, and 164, by a
20		hospital, or other institution providing medical care,
21		that is operated by the public body.
22		(18) Deliberations for decisions of the Prisoner
23		Review Board.
24		(19) Review or discussion of applications received
25		under the Experimental Organ Transplantation Procedures
26		Act.

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1		(20) The classification and discussion of matters
2		classified as confidential or continued confidential by
3		the State Government Suggestion Award Board.
4		(21) Discussion of minutes of meetings lawfully closed
5		under this Act, whether for purposes of approval by the
6		body of the minutes or semi-annual review of the minutes
7		as mandated by Section 2.06.
8		(22) Deliberations for decisions of the State
9		Emergency Medical Services Disciplinary Review Board.
10		(23) The operation by a municipality of a municipal
11		utility or the operation of a municipal power agency or
12		municipal natural gas agency when the discussion involves
13		(i) contracts relating to the purchase, sale, or delivery
14		of electricity or natural gas or (ii) the results or
15		conclusions of load forecast studies.
16		(24) Meetings of a residential health care facility
17		resident sexual assault and death review team or the
18		Executive Council under the Abuse Prevention Review Team
19		Act.
20		(25) Meetings of an independent team of experts under
21		Brian's Law.
22		(26) Meetings of a mortality review team appointed
23		under the Department of Juvenile Justice Mortality Review
24		Team Act.
25		(27) (Blank).
26		(28) Correspondence and records (i) that may not be

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1		disclosed under Section 11-9 of the Illinois Public Aid
2		Code or (ii) that pertain to appeals under Section 11-8 of
3		the Illinois Public Aid Code.
4		(29) Meetings between internal or external auditors
5		and governmental audit committees, finance committees, and
6		their equivalents, when the discussion involves internal
7		control weaknesses, identification of potential fraud risk
8		areas, known or suspected frauds, and fraud interviews
9		conducted in accordance with generally accepted auditing
10		standards of the United States of America.
11		(30) Those meetings or portions of meetings of a
12		fatality review team or the Illinois Fatality Review Team
13		Advisory Council during which a review of the death of an
14		eligible adult in which abuse or neglect is suspected,
15		alleged, or substantiated is conducted pursuant to Section
16		15 of the Adult Protective Services Act.
17		(31) Meetings and deliberations for decisions of the
18		Concealed Carry Licensing Review Board under the Firearm
19		Concealed Carry Act.
20		(32) Meetings between the Regional Transportation
21		Authority Board and its Service Boards when the discussion
22		involves review by the Regional Transportation Authority
23		Board of employment contracts under Section 28d of the
24		Metropolitan Transit Authority Act and Sections 3A.18 and
25		3B.26 of the Regional Transportation Authority Act.
26		(33) Those meetings or portions of meetings of the

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1		advisory committee and peer review subcommittee created
2		under Section 320 of the Illinois Controlled Substances
3		Act during which specific controlled substance prescriber,
4		dispenser, or patient information is discussed.
5		(34) Meetings of the Tax Increment Financing Reform
6		Task Force under Section 2505-800 of the Department of
7		Revenue Law of the Civil Administrative Code of Illinois.
8		(35) Meetings of the group established to discuss
9		Medicaid capitation rates under Section 5-30.8 of the
10		Illinois Public Aid Code.
11		(36) Those deliberations or portions of deliberations
12		for decisions of the Illinois Gaming Board in which there
13		is discussed any of the following: (i) personal,
14		commercial, financial, or other information obtained from
15		any source that is privileged, proprietary, confidential,
16		or a trade secret; or (ii) information specifically
17		exempted from the disclosure by federal or State law.
18		(37) Deliberations for decisions of the Illinois Law
19		Enforcement Training Standards Board, the Certification
20		Review Panel, and the Illinois State Police Merit Board
21		regarding certification and decertification.
22		(38) Meetings of the Firearm Owner's Identification
23		Card Review Board under Section 10 of the Firearm Owners
24		Identification Card Act.
25		(d) Definitions. For purposes of this Section:
26		"Employee" means a person employed by a public body whose

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1		relationship with the public body constitutes an
2		employer-employee relationship under the usual common law
3		rules, and who is not an independent contractor.
4		"Public office" means a position created by or under the
5		Constitution or laws of this State, the occupant of which is
6		charged with the exercise of some portion of the sovereign
7		power of this State. The term "public office" shall include
8		members of the public body, but it shall not include
9		organizational positions filled by members thereof, whether
10		established by law or by a public body itself, that exist to
11		assist the body in the conduct of its business.
12		"Quasi-adjudicative body" means an administrative body
13		charged by law or ordinance with the responsibility to conduct
14		hearings, receive evidence or testimony and make
15		determinations based thereon, but does not include local
16		electoral boards when such bodies are considering petition
17		challenges.
18		(e) Final action. No final action may be taken at a closed
19		meeting. Final action shall be preceded by a public recital of
20		the nature of the matter being considered and other
21		information that will inform the public of the business being
22		conducted.
23		(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17;
24		100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff.
25		8-23-19; 101-652, eff. 1-1-22.)

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1		Section 5. The Freedom of Information Act is amended by
2		changing Section 7.5 as follows:
3		(5 ILCS 140/7.5)
4		(Text of Section before amendment by P.A. 101-652)
5		Sec. 7.5. Statutory exemptions. To the extent provided for
6		by the statutes referenced below, the following shall be
7		exempt from inspection and copying:
8		(a) All information determined to be confidential
9		under Section 4002 of the Technology Advancement and
10		Development Act.
11		(b) Library circulation and order records identifying
12		library users with specific materials under the Library
13		Records Confidentiality Act.
14		(c) Applications, related documents, and medical
15		records received by the Experimental Organ Transplantation
16		Procedures Board and any and all documents or other
17		records prepared by the Experimental Organ Transplantation
18		Procedures Board or its staff relating to applications it
19		has received.
20		(d) Information and records held by the Department of
21		Public Health and its authorized representatives relating
22		to known or suspected cases of sexually transmissible
23		disease or any information the disclosure of which is
24		restricted under the Illinois Sexually Transmissible
25		Disease Control Act.

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1		(e) Information the disclosure of which is exempted
2		under Section 30 of the Radon Industry Licensing Act.
3		(f) Firm performance evaluations under Section 55 of
4		the Architectural, Engineering, and Land Surveying
5		Qualifications Based Selection Act.
6		(g) Information the disclosure of which is restricted
7		and exempted under Section 50 of the Illinois Prepaid
8		Tuition Act.
9		(h) Information the disclosure of which is exempted
10		under the State Officials and Employees Ethics Act, and
11		records of any lawfully created State or local inspector
12		general's office that would be exempt if created or
13		obtained by an Executive Inspector General's office under
14		that Act.
15		(i) Information contained in a local emergency energy
16		plan submitted to a municipality in accordance with a
17		local emergency energy plan ordinance that is adopted
18		under Section 11-21.5-5 of the Illinois Municipal Code.
19		(j) Information and data concerning the distribution
20		of surcharge moneys collected and remitted by carriers
21		under the Emergency Telephone System Act.
22		(k) Law enforcement officer identification information
23		or driver identification information compiled by a law
24		enforcement agency or the Department of Transportation
25		under Section 11-212 of the Illinois Vehicle Code.
26		(l) Records and information provided to a residential

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1		health care facility resident sexual assault and death
2		review team or the Executive Council under the Abuse
3		Prevention Review Team Act.
4		(m) Information provided to the predatory lending
5		database created pursuant to Article 3 of the Residential
6		Real Property Disclosure Act, except to the extent
7		authorized under that Article.
8		(n) Defense budgets and petitions for certification of
9		compensation and expenses for court appointed trial
10		counsel as provided under Sections 10 and 15 of the
11		Capital Crimes Litigation Act. This subsection (n) shall
12		apply until the conclusion of the trial of the case, even
13		if the prosecution chooses not to pursue the death penalty
14		prior to trial or sentencing.
15		(o) Information that is prohibited from being
16		disclosed under Section 4 of the Illinois Health and
17		Hazardous Substances Registry Act.
18		(p) Security portions of system safety program plans,
19		investigation reports, surveys, schedules, lists, data, or
20		information compiled, collected, or prepared by or for the
21		Regional Transportation Authority under Section 2.11 of
22		the Regional Transportation Authority Act or the St. Clair
23		County Transit District under the Bi-State Transit Safety
24		Act.
25		(q) Information prohibited from being disclosed by the
26		Personnel Record Review Act.

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1		(r) Information prohibited from being disclosed by the
2		Illinois School Student Records Act.
3		(s) Information the disclosure of which is restricted
4		under Section 5-108 of the Public Utilities Act.
5		(t) All identified or deidentified health information
6		in the form of health data or medical records contained
7		in, stored in, submitted to, transferred by, or released
8		from the Illinois Health Information Exchange, and
9		identified or deidentified health information in the form
10		of health data and medical records of the Illinois Health
11		Information Exchange in the possession of the Illinois
12		Health Information Exchange Office due to its
13		administration of the Illinois Health Information
14		Exchange. The terms "identified" and "deidentified" shall
15		be given the same meaning as in the Health Insurance
16		Portability and Accountability Act of 1996, Public Law
17		104-191, or any subsequent amendments thereto, and any
18		regulations promulgated thereunder.
19		(u) Records and information provided to an independent
20		team of experts under the Developmental Disability and
21		Mental Health Safety Act (also known as Brian's Law).
22		(v) Names and information of people who have applied
23		for or received Firearm Owner's Identification Cards under
24		the Firearm Owners Identification Card Act or applied for
25		or received a concealed carry license under the Firearm
26		Concealed Carry Act, unless otherwise authorized by the

HB0562 Enrolled - 22 - LRB102 02734 SPS 12886 b
1		Firearm Concealed Carry Act; and databases under the
2		Firearm Concealed Carry Act, records of the Concealed
3		Carry Licensing Review Board under the Firearm Concealed
4		Carry Act, and law enforcement agency objections under the
5		Firearm Concealed Carry Act.
6		(w) Personally identifiable information which is
7		exempted from disclosure under subsection (g) of Section
8		19.1 of the Toll Highway Act.
9		(x) Information which is exempted from disclosure
10		under Section 5-1014.3 of the Counties Code or Section
11		8-11-21 of the Illinois Municipal Code.
12		(y) Confidential information under the Adult
13		Protective Services Act and its predecessor enabling
14		statute, the Elder Abuse and Neglect Act, including
15		information about the identity and administrative finding
16		against any caregiver of a verified and substantiated
17		decision of abuse, neglect, or financial exploitation of
18		an eligible adult maintained in the Registry established
19		under Section 7.5 of the Adult Protective Services Act.
20		(z) Records and information provided to a fatality
21		review team or the Illinois Fatality Review Team Advisory
22		Council under Section 15 of the Adult Protective Services
23		Act.
24		(aa) Information which is exempted from disclosure
25		under Section 2.37 of the Wildlife Code.
26		(bb) Information which is or was prohibited from

HB0562 Enrolled - 23 - LRB102 02734 SPS 12886 b
1		disclosure by the Juvenile Court Act of 1987.
2		(cc) Recordings made under the Law Enforcement
3		Officer-Worn Body Camera Act, except to the extent
4		authorized under that Act.
5		(dd) Information that is prohibited from being
6		disclosed under Section 45 of the Condominium and Common
7		Interest Community Ombudsperson Act.
8		(ee) Information that is exempted from disclosure
9		under Section 30.1 of the Pharmacy Practice Act.
10		(ff) Information that is exempted from disclosure
11		under the Revised Uniform Unclaimed Property Act.
12		(gg) Information that is prohibited from being
13		disclosed under Section 7-603.5 of the Illinois Vehicle
14		Code.
15		(hh) Records that are exempt from disclosure under
16		Section 1A-16.7 of the Election Code.
17		(ii) Information which is exempted from disclosure
18		under Section 2505-800 of the Department of Revenue Law of
19		the Civil Administrative Code of Illinois.
20		(jj) Information and reports that are required to be
21		submitted to the Department of Labor by registering day
22		and temporary labor service agencies but are exempt from
23		disclosure under subsection (a-1) of Section 45 of the Day
24		and Temporary Labor Services Act.
25		(kk) Information prohibited from disclosure under the
26		Seizure and Forfeiture Reporting Act.

HB0562 Enrolled - 24 - LRB102 02734 SPS 12886 b
1		(ll) Information the disclosure of which is restricted
2		and exempted under Section 5-30.8 of the Illinois Public
3		Aid Code.
4		(mm) Records that are exempt from disclosure under
5		Section 4.2 of the Crime Victims Compensation Act.
6		(nn) Information that is exempt from disclosure under
7		Section 70 of the Higher Education Student Assistance Act.
8		(oo) Communications, notes, records, and reports
9		arising out of a peer support counseling session
10		prohibited from disclosure under the First Responders
11		Suicide Prevention Act.
12		(pp) Names and all identifying information relating to
13		an employee of an emergency services provider or law
14		enforcement agency under the First Responders Suicide
15		Prevention Act.
16		(qq) Information and records held by the Department of
17		Public Health and its authorized representatives collected
18		under the Reproductive Health Act.
19		(rr) Information that is exempt from disclosure under
20		the Cannabis Regulation and Tax Act.
21		(ss) Data reported by an employer to the Department of
22		Human Rights pursuant to Section 2-108 of the Illinois
23		Human Rights Act.
24		(tt) Recordings made under the Children's Advocacy
25		Center Act, except to the extent authorized under that
26		Act.

HB0562 Enrolled - 25 - LRB102 02734 SPS 12886 b
1		(uu) Information that is exempt from disclosure under
2		Section 50 of the Sexual Assault Evidence Submission Act.
3		(vv) Information that is exempt from disclosure under
4		subsections (f) and (j) of Section 5-36 of the Illinois
5		Public Aid Code.
6		(ww) Information that is exempt from disclosure under
7		Section 16.8 of the State Treasurer Act.
8		(xx) Information that is exempt from disclosure or
9		information that shall not be made public under the
10		Illinois Insurance Code.
11		(yy) Information prohibited from being disclosed under
12		the Illinois Educational Labor Relations Act.
13		(zz) Information prohibited from being disclosed under
14		the Illinois Public Labor Relations Act.
15		(aaa) Information prohibited from being disclosed
16		under Section 1-167 of the Illinois Pension Code.
17		(bbb) Information that is exempt from disclosure under
18		subsection (k) of Section 11 of the Equal Pay Act of 2003.
19		(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
20		100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
21		8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
22		eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
23		100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
24		6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
25		eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
26		101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.

HB0562 Enrolled - 26 - LRB102 02734 SPS 12886 b
1		1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
2		eff. 7-7-20; 101-656, eff. 3-23-21.)
3		(Text of Section after amendment by P.A. 101-652)
4		Sec. 7.5. Statutory exemptions. To the extent provided for
5		by the statutes referenced below, the following shall be
6		exempt from inspection and copying:
7		(a) All information determined to be confidential
8		under Section 4002 of the Technology Advancement and
9		Development Act.
10		(b) Library circulation and order records identifying
11		library users with specific materials under the Library
12		Records Confidentiality Act.
13		(c) Applications, related documents, and medical
14		records received by the Experimental Organ Transplantation
15		Procedures Board and any and all documents or other
16		records prepared by the Experimental Organ Transplantation
17		Procedures Board or its staff relating to applications it
18		has received.
19		(d) Information and records held by the Department of
20		Public Health and its authorized representatives relating
21		to known or suspected cases of sexually transmissible
22		disease or any information the disclosure of which is
23		restricted under the Illinois Sexually Transmissible
24		Disease Control Act.
25		(e) Information the disclosure of which is exempted

HB0562 Enrolled - 27 - LRB102 02734 SPS 12886 b
1		under Section 30 of the Radon Industry Licensing Act.
2		(f) Firm performance evaluations under Section 55 of
3		the Architectural, Engineering, and Land Surveying
4		Qualifications Based Selection Act.
5		(g) Information the disclosure of which is restricted
6		and exempted under Section 50 of the Illinois Prepaid
7		Tuition Act.
8		(h) Information the disclosure of which is exempted
9		under the State Officials and Employees Ethics Act, and
10		records of any lawfully created State or local inspector
11		general's office that would be exempt if created or
12		obtained by an Executive Inspector General's office under
13		that Act.
14		(i) Information contained in a local emergency energy
15		plan submitted to a municipality in accordance with a
16		local emergency energy plan ordinance that is adopted
17		under Section 11-21.5-5 of the Illinois Municipal Code.
18		(j) Information and data concerning the distribution
19		of surcharge moneys collected and remitted by carriers
20		under the Emergency Telephone System Act.
21		(k) Law enforcement officer identification information
22		or driver identification information compiled by a law
23		enforcement agency or the Department of Transportation
24		under Section 11-212 of the Illinois Vehicle Code.
25		(l) Records and information provided to a residential
26		health care facility resident sexual assault and death

HB0562 Enrolled - 28 - LRB102 02734 SPS 12886 b
1		review team or the Executive Council under the Abuse
2		Prevention Review Team Act.
3		(m) Information provided to the predatory lending
4		database created pursuant to Article 3 of the Residential
5		Real Property Disclosure Act, except to the extent
6		authorized under that Article.
7		(n) Defense budgets and petitions for certification of
8		compensation and expenses for court appointed trial
9		counsel as provided under Sections 10 and 15 of the
10		Capital Crimes Litigation Act. This subsection (n) shall
11		apply until the conclusion of the trial of the case, even
12		if the prosecution chooses not to pursue the death penalty
13		prior to trial or sentencing.
14		(o) Information that is prohibited from being
15		disclosed under Section 4 of the Illinois Health and
16		Hazardous Substances Registry Act.
17		(p) Security portions of system safety program plans,
18		investigation reports, surveys, schedules, lists, data, or
19		information compiled, collected, or prepared by or for the
20		Regional Transportation Authority under Section 2.11 of
21		the Regional Transportation Authority Act or the St. Clair
22		County Transit District under the Bi-State Transit Safety
23		Act.
24		(q) Information prohibited from being disclosed by the
25		Personnel Record Review Act.
26		(r) Information prohibited from being disclosed by the

HB0562 Enrolled - 29 - LRB102 02734 SPS 12886 b
1		Illinois School Student Records Act.
2		(s) Information the disclosure of which is restricted
3		under Section 5-108 of the Public Utilities Act.
4		(t) All identified or deidentified health information
5		in the form of health data or medical records contained
6		in, stored in, submitted to, transferred by, or released
7		from the Illinois Health Information Exchange, and
8		identified or deidentified health information in the form
9		of health data and medical records of the Illinois Health
10		Information Exchange in the possession of the Illinois
11		Health Information Exchange Office due to its
12		administration of the Illinois Health Information
13		Exchange. The terms "identified" and "deidentified" shall
14		be given the same meaning as in the Health Insurance
15		Portability and Accountability Act of 1996, Public Law
16		104-191, or any subsequent amendments thereto, and any
17		regulations promulgated thereunder.
18		(u) Records and information provided to an independent
19		team of experts under the Developmental Disability and
20		Mental Health Safety Act (also known as Brian's Law).
21		(v) Names and information of people who have applied
22		for or received Firearm Owner's Identification Cards under
23		the Firearm Owners Identification Card Act or applied for
24		or received a concealed carry license under the Firearm
25		Concealed Carry Act, unless otherwise authorized by the
26		Firearm Concealed Carry Act; and databases under the

HB0562 Enrolled - 30 - LRB102 02734 SPS 12886 b
1		Firearm Concealed Carry Act, records of the Concealed
2		Carry Licensing Review Board under the Firearm Concealed
3		Carry Act, and law enforcement agency objections under the
4		Firearm Concealed Carry Act.
5		(v-5) Records of the Firearm Owner's Identification
6		Card Review Board that are exempted from disclosure under
7		Section 10 of the Firearm Owners Identification Card Act.
8		(w) Personally identifiable information which is
9		exempted from disclosure under subsection (g) of Section
10		19.1 of the Toll Highway Act.
11		(x) Information which is exempted from disclosure
12		under Section 5-1014.3 of the Counties Code or Section
13		8-11-21 of the Illinois Municipal Code.
14		(y) Confidential information under the Adult
15		Protective Services Act and its predecessor enabling
16		statute, the Elder Abuse and Neglect Act, including
17		information about the identity and administrative finding
18		against any caregiver of a verified and substantiated
19		decision of abuse, neglect, or financial exploitation of
20		an eligible adult maintained in the Registry established
21		under Section 7.5 of the Adult Protective Services Act.
22		(z) Records and information provided to a fatality
23		review team or the Illinois Fatality Review Team Advisory
24		Council under Section 15 of the Adult Protective Services
25		Act.
26		(aa) Information which is exempted from disclosure

HB0562 Enrolled - 31 - LRB102 02734 SPS 12886 b
1		under Section 2.37 of the Wildlife Code.
2		(bb) Information which is or was prohibited from
3		disclosure by the Juvenile Court Act of 1987.
4		(cc) Recordings made under the Law Enforcement
5		Officer-Worn Body Camera Act, except to the extent
6		authorized under that Act.
7		(dd) Information that is prohibited from being
8		disclosed under Section 45 of the Condominium and Common
9		Interest Community Ombudsperson Act.
10		(ee) Information that is exempted from disclosure
11		under Section 30.1 of the Pharmacy Practice Act.
12		(ff) Information that is exempted from disclosure
13		under the Revised Uniform Unclaimed Property Act.
14		(gg) Information that is prohibited from being
15		disclosed under Section 7-603.5 of the Illinois Vehicle
16		Code.
17		(hh) Records that are exempt from disclosure under
18		Section 1A-16.7 of the Election Code.
19		(ii) Information which is exempted from disclosure
20		under Section 2505-800 of the Department of Revenue Law of
21		the Civil Administrative Code of Illinois.
22		(jj) Information and reports that are required to be
23		submitted to the Department of Labor by registering day
24		and temporary labor service agencies but are exempt from
25		disclosure under subsection (a-1) of Section 45 of the Day
26		and Temporary Labor Services Act.

HB0562 Enrolled - 32 - LRB102 02734 SPS 12886 b
1		(kk) Information prohibited from disclosure under the
2		Seizure and Forfeiture Reporting Act.
3		(ll) Information the disclosure of which is restricted
4		and exempted under Section 5-30.8 of the Illinois Public
5		Aid Code.
6		(mm) Records that are exempt from disclosure under
7		Section 4.2 of the Crime Victims Compensation Act.
8		(nn) Information that is exempt from disclosure under
9		Section 70 of the Higher Education Student Assistance Act.
10		(oo) Communications, notes, records, and reports
11		arising out of a peer support counseling session
12		prohibited from disclosure under the First Responders
13		Suicide Prevention Act.
14		(pp) Names and all identifying information relating to
15		an employee of an emergency services provider or law
16		enforcement agency under the First Responders Suicide
17		Prevention Act.
18		(qq) Information and records held by the Department of
19		Public Health and its authorized representatives collected
20		under the Reproductive Health Act.
21		(rr) Information that is exempt from disclosure under
22		the Cannabis Regulation and Tax Act.
23		(ss) Data reported by an employer to the Department of
24		Human Rights pursuant to Section 2-108 of the Illinois
25		Human Rights Act.
26		(tt) Recordings made under the Children's Advocacy

HB0562 Enrolled - 33 - LRB102 02734 SPS 12886 b
1		Center Act, except to the extent authorized under that
2		Act.
3		(uu) Information that is exempt from disclosure under
4		Section 50 of the Sexual Assault Evidence Submission Act.
5		(vv) Information that is exempt from disclosure under
6		subsections (f) and (j) of Section 5-36 of the Illinois
7		Public Aid Code.
8		(ww) Information that is exempt from disclosure under
9		Section 16.8 of the State Treasurer Act.
10		(xx) Information that is exempt from disclosure or
11		information that shall not be made public under the
12		Illinois Insurance Code.
13		(yy) Information prohibited from being disclosed under
14		the Illinois Educational Labor Relations Act.
15		(zz) Information prohibited from being disclosed under
16		the Illinois Public Labor Relations Act.
17		(aaa) Information prohibited from being disclosed
18		under Section 1-167 of the Illinois Pension Code.
19		(bbb) Information that is exempt from disclosure under
20		subsection (k) of Section 11 of the Equal Pay Act of 2003.
21		(ccc) (bbb) Information that is prohibited from
22		disclosure by the Illinois Police Training Act and the
23		State Police Act.
24		(ddd) Records exempt from disclosure under Section
25		2605-304 of the Department of State Police Law of the
26		Civil Administrative Code of Illinois.

HB0562 Enrolled - 34 - LRB102 02734 SPS 12886 b
1		(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
2		100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
3		8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
4		eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
5		100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
6		6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
7		eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
8		101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
9		1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
10		eff. 7-7-20; 101-652, eff. 1-1-22; 101-656, eff. 3-23-21;
11		revised 4-21-21.)
12		Section 7. The Gun Trafficking Information Act is amended
13		by changing Section 10-5 as follows:
14		(5 ILCS 830/10-5)
15		Sec. 10-5. Gun trafficking information.
16		(a) The Department of State Police shall use all
17		reasonable efforts in making publicly available, on a regular
18		and ongoing basis, key information related to firearms used in
19		the commission of crimes in this State, including, but not
20		limited to: reports on crimes committed with firearms,
21		locations where the crimes occurred, the number of persons
22		killed or injured in the commission of the crimes, the state
23		where the firearms used originated, the Federal Firearms
24		Licensee that sold the firearm, and the type of firearms used,

HB0562 Enrolled - 35 - LRB102 02734 SPS 12886 b
1		annual statistical information concerning Firearm Owner's
2		Identification Card and concealed carry license applications,
3		revocations, and compliance with Section 9.5 of the Firearm
4		Owners Identification Card Act, firearm restraining order
5		dispositions, and firearm dealer license certification
6		inspections. The Department shall make the information
7		available on its website, which may be presented in a
8		dashboard format, in addition to electronically filing a
9		report with the Governor and the General Assembly. The report
10		to the General Assembly shall be filed with the Clerk of the
11		House of Representatives and the Secretary of the Senate in
12		electronic form only, in the manner that the Clerk and the
13		Secretary shall direct.
14		(b) The Department shall study, on a regular and ongoing
15		basis, and compile reports on the number of Firearm Owner's
16		Identification Card checks to determine firearms trafficking
17		or straw purchase patterns. The Department shall, to the
18		extent not inconsistent with law, share such reports and
19		underlying data with academic centers, foundations, and law
20		enforcement agencies studying firearms trafficking, provided
21		that personally identifying information is protected. For
22		purposes of this subsection (b), a Firearm Owner's
23		Identification Card number is not personally identifying
24		information, provided that no other personal information of
25		the card holder is attached to the record. The Department may
26		create and attach an alternate unique identifying number to

HB0562 Enrolled - 36 - LRB102 02734 SPS 12886 b
1		each Firearm Owner's Identification Card number, instead of
2		releasing the Firearm Owner's Identification Card number
3		itself.
4		(c) Each department, office, division, and agency of this
5		State shall, to the extent not inconsistent with law,
6		cooperate fully with the Department and furnish the Department
7		with all relevant information and assistance on a timely basis
8		as is necessary to accomplish the purpose of this Act. The
9		Illinois Criminal Justice Information Authority shall submit
10		the information required in subsection (a) of this Section to
11		the Department of State Police, and any other information as
12		the Department may request, to assist the Department in
13		carrying out its duties under this Act.
14		(Source: P.A. 100-1178, eff. 1-18-19.)
15		Section 10. The Department of State Police Law of the
16		Civil Administrative Code of Illinois is amended by changing
17		Section 2605-605 and by adding Section 2605-304 as follows:
18		(20 ILCS 2605/2605-304 new)
19		Sec. 2605-304. Prohibited persons portal.
20		(a) Within 90 days after the effective date of this
21		amendatory Act of the 102nd General Assembly, the Illinois
22		State Police shall establish a portal for use by federal,
23		State, or local law enforcement agencies, including Offices of
24		the State's Attorneys and the Office of the Attorney General

HB0562 Enrolled - 37 - LRB102 02734 SPS 12886 b
1		to capture a report of persons whose Firearm Owner's
2		Identification Cards have been revoked or suspended. The
3		portal is for law enforcement purposes only.
4		(b) The Illinois State Police shall include in the report
5		the reason the person's Firearm Owner's Identification Card
6		was subject to revocation or suspension, to the extent allowed
7		by law, consistent with Sections 8 and 8.2 of the Firearm
8		Owners Identification Card Act.
9		(c) The Illinois State Police shall indicate whether the
10		person subject to the revocation or suspension of his or her
11		Firearm Owner's Identification Card has surrendered his or her
12		revoked or suspended Firearm Owner's Identification Card and
13		whether the person has completed a Firearm Disposition Record
14		required under Section 9.5 of the Firearm Owners
15		Identification Card Act. The Illinois State Police shall make
16		reasonable efforts to make this information available on the
17		Law Enforcement Agencies Data System (LEADS).
18		(d) The Illinois State Police shall provide updates of
19		information related to an individual's current Firearm Owner's
20		Identification Card revocation or suspension status, including
21		compliance under Section 9.5 of the Firearm Owners
22		Identification Card Act, in the Illinois State Police's Law
23		Enforcement Agencies Data System.
24		(e) Records in this portal are exempt from disclosure
25		under the Freedom of Information Act.
26		(f) The Illinois State Police may adopt rules necessary to

HB0562 Enrolled - 38 - LRB102 02734 SPS 12886 b
1		implement this Section.
2		(20 ILCS 2605/2605-605)
3		Sec. 2605-605. Violent Crime Intelligence Task Force. The
4		Director of State Police shall may establish a statewide
5		multi-jurisdictional Violent Crime Intelligence Task Force led
6		by the Department of State Police dedicated to combating gun
7		violence, gun-trafficking, and other violent crime with the
8		primary mission of preservation of life and reducing the
9		occurrence and the fear of crime. The objectives of the Task
10		Force shall include, but not be limited to, reducing and
11		preventing illegal possession and use of firearms,
12		firearm-related homicides, and other violent crimes, and
13		solving firearm-related crimes.
14		(1) The Task Force may develop and acquire information,
15		training, tools, and resources necessary to implement a
16		data-driven approach to policing, with an emphasis on
17		intelligence development.
18		(2) The Task Force may utilize information sharing,
19		partnerships, crime analysis, and evidence-based practices to
20		assist in the reduction of firearm-related shootings,
21		homicides, and gun-trafficking, including, but not limited to,
22		ballistic data, eTrace data, DNA evidence, latent
23		fingerprints, firearm training data, and National Integrated
24		Ballistic Information Network (NIBIN) data. The Task Force may
25		design a model crime gun intelligence strategy which may

HB0562 Enrolled - 39 - LRB102 02734 SPS 12886 b
1		include, but is not limited to, comprehensive collection and
2		documentation of all ballistic evidence, timely transfer of
3		NIBIN and eTrace leads to an intelligence center, which may
4		include the Division of Criminal Investigation of the Illinois
5		State Police, timely dissemination of intelligence to
6		investigators, investigative follow-up, and coordinated
7		prosecution.
8		(3) The Task Force may recognize and utilize best
9		practices of community policing and may develop potential
10		partnerships with faith-based and community organizations to
11		achieve its goals.
12		(4) The Task Force may identify and utilize best practices
13		in drug-diversion programs and other community-based services
14		to redirect low-level offenders.
15		(5) The Task Force may assist in violence suppression
16		strategies including, but not limited to, details in
17		identified locations that have shown to be the most prone to
18		gun violence and violent crime, focused deterrence against
19		violent gangs and groups considered responsible for the
20		violence in communities, and other intelligence driven methods
21		deemed necessary to interrupt cycles of violence or prevent
22		retaliation.
23		(6) In consultation with the Chief Procurement Officer,
24		the Department of State Police may obtain contracts for
25		software, commodities, resources, and equipment to assist the
26		Task Force with achieving this Act. Any contracts necessary to

HB0562 Enrolled - 40 - LRB102 02734 SPS 12886 b
1		support the delivery of necessary software, commodities,
2		resources, and equipment are not subject to the Illinois
3		Procurement Code, except for Sections 20-60, 20-65, 20-70, and
4		20-160 and Article 50 of that Code, provided that the Chief
5		Procurement Officer may, in writing with justification, waive
6		any certification required under Article 50 of the Illinois
7		Procurement Code.
8		(7) The Task Force shall conduct enforcement operations
9		against persons whose Firearm Owner's Identification Cards
10		have been revoked or suspended and persons who fail to comply
11		with the requirements of Section 9.5 of the Firearm Owners
12		Identification Card Act, prioritizing individuals presenting a
13		clear and present danger to themselves or to others under
14		paragraph (2) of subsection (d) of Section 8.1 of the Firearm
15		Owners Identification Card Act.
16		(8) The Task Force shall collaborate with local law
17		enforcement agencies to enforce provisions of the Firearm
18		Owners Identification Card Act, the Firearm Concealed Carry
19		Act, the Firearm Dealer License Certification Act, and Article
20		24 of the Criminal Code of 2012.
21		(9) To implement this Section, the Director of the
22		Illinois State Police may establish intergovernmental
23		agreements with law enforcement agencies in accordance with
24		the Intergovernmental Cooperation Act.
25		(10) Law enforcement agencies that participate in
26		activities described in paragraphs (7) through (9) may apply

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1		to the Illinois State Police for grants from the State Police
2		Revocation Enforcement Fund.
3		(Source: P.A. 100-3, eff. 1-1-18.)
4		Section 11. The Illinois Criminal Justice Information Act
5		is amended by adding Section 7.9 as follows:
6		(20 ILCS 3930/7.9 new)
7		Sec. 7.9. Firearm Prohibitors and Records Improvement Task
8		Force.
9		(a) As used in this Section, "firearms prohibitor" means
10		any factor listed in Section 4 of the Firearm Owners
11		Identification Card Act or Section 24-3 or 24-3.1 of the
12		Criminal Code of 2012 that prohibits a person from
13		transferring or possessing a firearm, firearm ammunition,
14		Firearm Owner's Identification Card, or concealed carry
15		license.
16		(b) The Firearm Prohibitors and Records Improvement Task
17		Force is created to identify and research all available
18		grants, resources, and revenue that may be applied for and
19		used by all entities responsible for reporting federal and
20		State firearm prohibitors to the Illinois State Police and the
21		National Instant Criminal Background Check System. Under the
22		Firearm Owners Identification Card Act, these reporting
23		entities include, but are not limited to, hospitals, courts,
24		law enforcement and corrections. The Task Force shall identify

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1		weaknesses in reporting and recommend a strategy to direct
2		resources and revenue to ensuring reporting is reliable,
3		accurate, and timely. The Task Force shall inventory all
4		statutorily mandated firearm and gun violence related data
5		collection and reporting requirements, along with the agency
6		responsible for collecting that data, and identify gaps in
7		those requirements. The Task Force shall submit a coordinated
8		application with and through the Illinois Criminal Justice
9		Information Authority for federal funds from the National
10		Criminal History Improvement Program and the NICS Acts Record
11		Improvement Program. The Firearm Prohibitors and Records
12		Improvement Task Force shall be comprised of the following
13		members, all of whom shall serve without compensation:
14		(1) the Executive Director of the Illinois Criminal
15		Justice Information Authority, who shall serve as Chair;
16		(2) the Director of the Illinois State Police, or his
17		or her designee;
18		(3) the Secretary of Human Services, or his or her
19		designee;
20		(4) the Director of Corrections, or his or her
21		designee;
22		(5) the Attorney General, or his or her designee;
23		(6) the Director of the Administrative Office of the
24		Illinois Courts, or his or her designee;
25		(7) a representative of an association representing
26		circuit clerks appointed by the President of the Senate;

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1		(8) a representative of an association representing
2		sheriffs appointed by the House Minority Leader;
3		(9) a representative of an association representing
4		State's Attorneys appointed by the House Minority Leader;
5		(10) a representative of an association representing
6		chiefs of police appointed by the Senate Minority Leader;
7		(11) a representative of an association representing
8		hospitals appointed by the Speaker of the House of
9		Representatives;
10		(12) a representative of an association representing
11		counties appointed by the President of the Senate; and
12		(13) a representative of an association representing
13		municipalities appointed by the Speaker of the House of
14		Representatives.
15		(c) The Illinois Criminal Justice Information Authority
16		shall provide administrative and other support to the Task
17		Force. The Illinois State Police Division of Justice Services
18		shall also provide support to the Illinois Criminal Justice
19		Information Authority and the Task Force.
20		(d) The Task Force may meet in person or virtually and
21		shall issue a written report of its findings and
22		recommendations to General Assembly on or before July 1, 2022.
23		The Task Force shall issue an annual report, which shall
24		include information on the state of FOID data, including a
25		review of previous activity by the Task Force to close
26		previously identified gaps; identifying known (or new) gaps; a

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1		proposal of policy and practice recommendations to close those
2		gaps; and a preview of expected activities of the Task Force
3		for the coming year.
4		(e) Within 60 days of the effective date of this
5		amendatory Act of the 102nd General Assembly, the Chair shall
6		establish the Task Force.
7		(f) This Section is repealed on July 1, 2027.
8		Section 15. The State Finance Act is amended by changing
9		6z-99 and by adding Sections 5.938 and 6z-125 as follows:
10		(30 ILCS 105/5.938 new)
11		Sec. 5.938. The State Police Revocation Enforcement Fund.
12		(30 ILCS 105/6z-99)
13		Sec. 6z-99. The Mental Health Reporting Fund.
14		(a) There is created in the State treasury a special fund
15		known as the Mental Health Reporting Fund. The Fund shall
16		receive revenue under the Firearm Concealed Carry Act. The
17		Fund may also receive revenue from grants, pass-through
18		grants, donations, appropriations, and any other legal source.
19		(b) The Department of State Police and Department of Human
20		Services shall coordinate to use moneys in the Fund to finance
21		their respective duties of collecting and reporting data on
22		mental health records and ensuring that mental health firearm
23		possession prohibitors are enforced as set forth under the

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1		Firearm Concealed Carry Act and the Firearm Owners
2		Identification Card Act. Any surplus in the Fund beyond what
3		is necessary to ensure compliance with mental health reporting
4		under these Acts shall be used by the Department of Human
5		Services for mental health treatment programs as follows: (1)
6		50% shall be used to fund community-based mental health
7		programs aimed at reducing gun violence, community integration
8		and education, or mental health awareness and prevention,
9		including administrative costs; and (2) 50% shall be used to
10		award grants that use and promote the National School Mental
11		Health Curriculum model for school-based mental health
12		support, integration, and services.
13		(c) Investment income that is attributable to the
14		investment of moneys in the Fund shall be retained in the Fund
15		for the uses specified in this Section.
16		(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
17		(30 ILCS 105/6z-125 new)
18		Sec. 6z-125. State Police Revocation Enforcement Fund.
19		(a) The State Police Revocation Enforcement Fund is
20		established as a special fund in the State treasury. This Fund
21		is established to receive moneys from the Firearm Owners
22		Identification Card Act to enforce that Act, the Firearm
23		Concealed Carry Act, Article 24 of the Criminal Code of 2012,
24		and other firearm offenses. The Fund may also receive revenue
25		from grants, donations, appropriations, and any other legal

HB0562 Enrolled - 46 - LRB102 02734 SPS 12886 b
1		source.
2		(b) The Illinois State Police may use moneys from the Fund
3		to establish task forces and, if necessary, include other law
4		enforcement agencies, under intergovernmental contracts
5		written and executed in conformity with the Intergovernmental
6		Cooperation Act.
7		(c) The Illinois State Police may use moneys in the Fund to
8		hire and train State Police officers and prevention of violent
9		crime.
10		(d) The State Police Revocation Enforcement Fund is not
11		subject to administrative chargebacks.
12		(e) Law enforcement agencies that participate in Firearm
13		Owner's Identification Card revocation enforcement in the
14		Violent Crime Intelligence Task Force may apply for grants
15		from the Illinois State Police.
16		Section 16. The Intergovernmental Drug Laws Enforcement
17		Act is amended by changing Section 3 as follows:
18		(30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)
19		Sec. 3. A Metropolitan Enforcement Group which meets the
20		minimum criteria established in this Section is eligible to
21		receive State grants to help defray the costs of operation. To
22		be eligible a MEG must:
23		(1) Be established and operating pursuant to
24		intergovernmental contracts written and executed in

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1		conformity with the Intergovernmental Cooperation Act, and
2		involve 2 or more units of local government.
3		(2) Establish a MEG Policy Board composed of an
4		elected official, or his designee, and the chief law
5		enforcement officer, or his designee, from each
6		participating unit of local government to oversee the
7		operations of the MEG and make such reports to the
8		Department of State Police as the Department may require.
9		(3) Designate a single appropriate elected official of
10		a participating unit of local government to act as the
11		financial officer of the MEG for all participating units
12		of local government and to receive funds for the operation
13		of the MEG.
14		(4) Limit its operations to enforcement of drug laws;
15		enforcement of Sections 10-9, 24-1, 24-1.1, 24-1.2,
16		24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1, 24-2.2, 24-3,
17		24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8,
18		24-3.9,24-3A, 24-3B, 24-4, and 24-5 and subsections
19		24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9),
20		24-1(a)(10), and 24-1(c) of the Criminal Code of 2012;
21		Sections 2, 3, 6.1, 14 of the Firearm Owners
22		Identification Card Act; and the investigation of
23		streetgang related offenses.
24		(5) Cooperate with the Department of State Police in
25		order to assure compliance with this Act and to enable the
26		Department to fulfill its duties under this Act, and

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1		supply the Department with all information the Department
2		deems necessary therefor.
3		(6) Receive funding of at least 50% of the total
4		operating budget of the MEG from the participating units
5		of local government.
6		(Source: P.A. 97-1150, eff. 1-25-13.)
7		Section 20. The Firearm Owners Identification Card Act is
8		amended by changing Sections 1.1, 3, 3.1, 4, 5, 6, 7, 8.2, 8.3,
9		9.5, 10, 11, and 13.2 and by adding Sections 6.2, 7.5, 8.4,
10		8.5, and 13.4 as follows:
11		(430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
12		Sec. 1.1. For purposes of this Act:
13		"Addicted to narcotics" means a person who has been:
14		(1) convicted of an offense involving the use or
15		possession of cannabis, a controlled substance, or
16		methamphetamine within the past year; or
17		(2) determined by the Department of State Police to be
18		addicted to narcotics based upon federal law or federal
19		guidelines.
20		"Addicted to narcotics" does not include possession or use
21		of a prescribed controlled substance under the direction and
22		authority of a physician or other person authorized to
23		prescribe the controlled substance when the controlled
24		substance is used in the prescribed manner.

HB0562 Enrolled - 49 - LRB102 02734 SPS 12886 b
1		"Adjudicated as a person with a mental disability" means
2		the person is the subject of a determination by a court, board,
3		commission or other lawful authority that the person, as a
4		result of marked subnormal intelligence, or mental illness,
5		mental impairment, incompetency, condition, or disease:
6		(1) presents a clear and present danger to himself,
7		herself, or to others;
8		(2) lacks the mental capacity to manage his or her own
9		affairs or is adjudicated a person with a disability as
10		defined in Section 11a-2 of the Probate Act of 1975;
11		(3) is not guilty in a criminal case by reason of
12		insanity, mental disease or defect;
13		(3.5) is guilty but mentally ill, as provided in
14		Section 5-2-6 of the Unified Code of Corrections;
15		(4) is incompetent to stand trial in a criminal case;
16		(5) is not guilty by reason of lack of mental
17		responsibility under Articles 50a and 72b of the Uniform
18		Code of Military Justice, 10 U.S.C. 850a, 876b;
19		(6) is a sexually violent person under subsection (f)
20		of Section 5 of the Sexually Violent Persons Commitment
21		Act;
22		(7) is a sexually dangerous person under the Sexually
23		Dangerous Persons Act;
24		(8) is unfit to stand trial under the Juvenile Court
25		Act of 1987;
26		(9) is not guilty by reason of insanity under the

HB0562 Enrolled - 50 - LRB102 02734 SPS 12886 b
1		Juvenile Court Act of 1987;
2		(10) is subject to involuntary admission as an
3		inpatient as defined in Section 1-119 of the Mental Health
4		and Developmental Disabilities Code;
5		(11) is subject to involuntary admission as an
6		outpatient as defined in Section 1-119.1 of the Mental
7		Health and Developmental Disabilities Code;
8		(12) is subject to judicial admission as set forth in
9		Section 4-500 of the Mental Health and Developmental
10		Disabilities Code; or
11		(13) is subject to the provisions of the Interstate
12		Agreements on Sexually Dangerous Persons Act.
13		"Clear and present danger" means a person who:
14		(1) communicates a serious threat of physical violence
15		against a reasonably identifiable victim or poses a clear
16		and imminent risk of serious physical injury to himself,
17		herself, or another person as determined by a physician,
18		clinical psychologist, or qualified examiner; or
19		(2) demonstrates threatening physical or verbal
20		behavior, such as violent, suicidal, or assaultive
21		threats, actions, or other behavior, as determined by a
22		physician, clinical psychologist, qualified examiner,
23		school administrator, or law enforcement official.
24		"Clinical psychologist" has the meaning provided in
25		Section 1-103 of the Mental Health and Developmental
26		Disabilities Code.

HB0562 Enrolled - 51 - LRB102 02734 SPS 12886 b
1		"Controlled substance" means a controlled substance or
2		controlled substance analog as defined in the Illinois
3		Controlled Substances Act.
4		"Counterfeit" means to copy or imitate, without legal
5		authority, with intent to deceive.
6		"Federally licensed firearm dealer" means a person who is
7		licensed as a federal firearms dealer under Section 923 of the
8		federal Gun Control Act of 1968 (18 U.S.C. 923).
9		"Firearm" means any device, by whatever name known, which
10		is designed to expel a projectile or projectiles by the action
11		of an explosion, expansion of gas or escape of gas; excluding,
12		however:
13		(1) any pneumatic gun, spring gun, paint ball gun, or
14		B-B gun which expels a single globular projectile not
15		exceeding .18 inch in diameter or which has a maximum
16		muzzle velocity of less than 700 feet per second;
17		(1.1) any pneumatic gun, spring gun, paint ball gun,
18		or B-B gun which expels breakable paint balls containing
19		washable marking colors;
20		(2) any device used exclusively for signalling or
21		safety and required or recommended by the United States
22		Coast Guard or the Interstate Commerce Commission;
23		(3) any device used exclusively for the firing of stud
24		cartridges, explosive rivets or similar industrial
25		ammunition; and
26		(4) an antique firearm (other than a machine-gun)

HB0562 Enrolled - 52 - LRB102 02734 SPS 12886 b
1		which, although designed as a weapon, the Department of
2		State Police finds by reason of the date of its
3		manufacture, value, design, and other characteristics is
4		primarily a collector's item and is not likely to be used
5		as a weapon.
6		"Firearm ammunition" means any self-contained cartridge or
7		shotgun shell, by whatever name known, which is designed to be
8		used or adaptable to use in a firearm; excluding, however:
9		(1) any ammunition exclusively designed for use with a
10		device used exclusively for signalling or safety and
11		required or recommended by the United States Coast Guard
12		or the Interstate Commerce Commission; and
13		(2) any ammunition designed exclusively for use with a
14		stud or rivet driver or other similar industrial
15		ammunition.
16		"Gun show" means an event or function:
17		(1) at which the sale and transfer of firearms is the
18		regular and normal course of business and where 50 or more
19		firearms are displayed, offered, or exhibited for sale,
20		transfer, or exchange; or
21		(2) at which not less than 10 gun show vendors
22		display, offer, or exhibit for sale, sell, transfer, or
23		exchange firearms.
24		"Gun show" includes the entire premises provided for an
25		event or function, including parking areas for the event or
26		function, that is sponsored to facilitate the purchase, sale,

HB0562 Enrolled - 53 - LRB102 02734 SPS 12886 b
1		transfer, or exchange of firearms as described in this
2		Section. Nothing in this definition shall be construed to
3		exclude a gun show held in conjunction with competitive
4		shooting events at the World Shooting Complex sanctioned by a
5		national governing body in which the sale or transfer of
6		firearms is authorized under subparagraph (5) of paragraph (g)
7		of subsection (A) of Section 24-3 of the Criminal Code of 2012.
8		Unless otherwise expressly stated, "gun show" does not
9		include training or safety classes, competitive shooting
10		events, such as rifle, shotgun, or handgun matches, trap,
11		skeet, or sporting clays shoots, dinners, banquets, raffles,
12		or any other event where the sale or transfer of firearms is
13		not the primary course of business.
14		"Gun show promoter" means a person who organizes or
15		operates a gun show.
16		"Gun show vendor" means a person who exhibits, sells,
17		offers for sale, transfers, or exchanges any firearms at a gun
18		show, regardless of whether the person arranges with a gun
19		show promoter for a fixed location from which to exhibit,
20		sell, offer for sale, transfer, or exchange any firearm.
21		"Involuntarily admitted" has the meaning as prescribed in
22		Sections 1-119 and 1-119.1 of the Mental Health and
23		Developmental Disabilities Code.
24		"Mental health facility" means any licensed private
25		hospital or hospital affiliate, institution, or facility, or
26		part thereof, and any facility, or part thereof, operated by

HB0562 Enrolled - 54 - LRB102 02734 SPS 12886 b
1		the State or a political subdivision thereof which provide
2		treatment of persons with mental illness and includes all
3		hospitals, institutions, clinics, evaluation facilities,
4		mental health centers, colleges, universities, long-term care
5		facilities, and nursing homes, or parts thereof, which provide
6		treatment of persons with mental illness whether or not the
7		primary purpose is to provide treatment of persons with mental
8		illness.
9		"National governing body" means a group of persons who
10		adopt rules and formulate policy on behalf of a national
11		firearm sporting organization.
12		"Patient" means:
13		(1) a person who is admitted as an inpatient or
14		resident of a public or private mental health facility for
15		mental health treatment under Chapter III of the Mental
16		Health and Developmental Disabilities Code as an informal
17		admission, a voluntary admission, a minor admission, an
18		emergency admission, or an involuntary admission, unless
19		the treatment was solely for an alcohol abuse disorder; or
20		(2) a person who voluntarily or involuntarily receives
21		mental health treatment as an out-patient or is otherwise
22		provided services by a public or private mental health
23		facility, and who poses a clear and present danger to
24		himself, herself, or to others.
25		"Person with a developmental disability" means a person
26		with a disability which is attributable to any other condition

HB0562 Enrolled - 55 - LRB102 02734 SPS 12886 b
1		which results in impairment similar to that caused by an
2		intellectual disability and which requires services similar to
3		those required by persons with intellectual disabilities. The
4		disability must originate before the age of 18 years, be
5		expected to continue indefinitely, and constitute a
6		substantial disability. This disability results, in the
7		professional opinion of a physician, clinical psychologist, or
8		qualified examiner, in significant functional limitations in 3
9		or more of the following areas of major life activity:
10		(i) self-care;
11		(ii) receptive and expressive language;
12		(iii) learning;
13		(iv) mobility; or
14		(v) self-direction.
15		"Person with an intellectual disability" means a person
16		with a significantly subaverage general intellectual
17		functioning which exists concurrently with impairment in
18		adaptive behavior and which originates before the age of 18
19		years.
20		"Physician" has the meaning as defined in Section 1-120 of
21		the Mental Health and Developmental Disabilities Code.
22		"Protective order" means any orders of protection issued
23		under the Illinois Domestic Violence Act of 1986, stalking no
24		contact orders issued under the Stalking No Contact Order Act,
25		civil no contact orders issued under the Civil No Contact
26		Order Act, and firearms restraining orders issued under the

HB0562 Enrolled - 56 - LRB102 02734 SPS 12886 b
1		Firearms Restraining Order Act.
2		"Qualified examiner" has the meaning provided in Section
3		1-122 of the Mental Health and Developmental Disabilities
4		Code.
5		"Sanctioned competitive shooting event" means a shooting
6		contest officially recognized by a national or state shooting
7		sport association, and includes any sight-in or practice
8		conducted in conjunction with the event.
9		"School administrator" means the person required to report
10		under the School Administrator Reporting of Mental Health
11		Clear and Present Danger Determinations Law.
12		"Stun gun or taser" has the meaning ascribed to it in
13		Section 24-1 of the Criminal Code of 2012.
14		(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;
15		99-642, eff. 7-28-16; 100-906, eff. 1-1-19.)
16		(430 ILCS 65/3) (from Ch. 38, par. 83-3)
17		Sec. 3. (a) Except as provided in Section 3a, no person may
18		knowingly transfer, or cause to be transferred, any firearm,
19		firearm ammunition, stun gun, or taser to any person within
20		this State unless the transferee with whom he deals displays
21		either: (1) a currently valid Firearm Owner's Identification
22		Card which has previously been issued in his or her name by the
23		Department of State Police under the provisions of this Act;
24		or (2) a currently valid license to carry a concealed firearm
25		which has previously been issued in his or her name by the

HB0562 Enrolled - 57 - LRB102 02734 SPS 12886 b
1		Department of State Police under the Firearm Concealed Carry
2		Act. In addition, all firearm, stun gun, and taser transfers
3		by federally licensed firearm dealers are subject to Section
4		3.1.
5		(a-5) Any person who is not a federally licensed firearm
6		dealer and who desires to transfer or sell a firearm while that
7		person is on the grounds of a gun show must, before selling or
8		transferring the firearm, request the Department of State
9		Police to conduct a background check on the prospective
10		recipient of the firearm in accordance with Section 3.1.
11		(a-10) Notwithstanding item (2) of subsection (a) of this
12		Section, any person who is not a federally licensed firearm
13		dealer and who desires to transfer or sell a firearm or
14		firearms to any person who is not a federally licensed firearm
15		dealer shall, before selling or transferring the firearms,
16		contact a federal firearm license dealer under paragraph (1)
17		of subsection (a-15) of this Section to conduct the transfer
18		or the Illinois Department of State Police with the
19		transferee's or purchaser's Firearm Owner's Identification
20		Card number to determine the validity of the transferee's or
21		purchaser's Firearm Owner's Identification Card under State
22		and federal law including the National Instant Criminal
23		Background Check System. This subsection shall not be
24		effective until January 1, 2024. Until that date the
25		transferor shall contact the Illinois State Police with the
26		transferee's or purchaser's Firearm Owner's Identification

HB0562 Enrolled - 58 - LRB102 02734 SPS 12886 b
1		Card number to determine the validity of the card 2014. The
2		Department of State Police may adopt rules concerning the
3		implementation of this subsection. The Department of State
4		Police shall provide the seller or transferor an approval
5		number if the purchaser's Firearm Owner's Identification Card
6		is valid. Approvals issued by the Department for the purchase
7		of a firearm pursuant to this subsection are valid for 30 days
8		from the date of issue.
9		(a-15) The provisions of subsection (a-10) of this Section
10		do not apply to:
11		(1) transfers that occur at the place of business of a
12		federally licensed firearm dealer, if the federally
13		licensed firearm dealer conducts a background check on the
14		prospective recipient of the firearm in accordance with
15		Section 3.1 of this Act and follows all other applicable
16		federal, State, and local laws as if he or she were the
17		seller or transferor of the firearm, although the dealer
18		is not required to accept the firearm into his or her
19		inventory. The purchaser or transferee may be required by
20		the federally licensed firearm dealer to pay a fee not to
21		exceed $25 $10 per firearm, which the dealer may retain as
22		compensation for performing the functions required under
23		this paragraph, plus the applicable fees authorized by
24		Section 3.1;
25		(2) transfers as a bona fide gift to the transferor's
26		husband, wife, son, daughter, stepson, stepdaughter,

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1		father, mother, stepfather, stepmother, brother, sister,
2		nephew, niece, uncle, aunt, grandfather, grandmother,
3		grandson, granddaughter, father-in-law, mother-in-law,
4		son-in-law, or daughter-in-law;
5		(3) transfers by persons acting pursuant to operation
6		of law or a court order;
7		(4) transfers on the grounds of a gun show under
8		subsection (a-5) of this Section;
9		(5) the delivery of a firearm by its owner to a
10		gunsmith for service or repair, the return of the firearm
11		to its owner by the gunsmith, or the delivery of a firearm
12		by a gunsmith to a federally licensed firearms dealer for
13		service or repair and the return of the firearm to the
14		gunsmith;
15		(6) temporary transfers that occur while in the home
16		of the unlicensed transferee, if the unlicensed transferee
17		is not otherwise prohibited from possessing firearms and
18		the unlicensed transferee reasonably believes that
19		possession of the firearm is necessary to prevent imminent
20		death or great bodily harm to the unlicensed transferee;
21		(7) transfers to a law enforcement or corrections
22		agency or a law enforcement or corrections officer acting
23		within the course and scope of his or her official duties;
24		(8) transfers of firearms that have been rendered
25		permanently inoperable to a nonprofit historical society,
26		museum, or institutional collection; and

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1		(9) transfers to a person who is exempt from the
2		requirement of possessing a Firearm Owner's Identification
3		Card under Section 2 of this Act.
4		(a-20) The Illinois Department of State Police shall
5		develop an Internet-based system for individuals to determine
6		the validity of a Firearm Owner's Identification Card prior to
7		the sale or transfer of a firearm. The Department shall have
8		the Internet-based system updated completed and available for
9		use by January 1, 2024 July 1, 2015. The Illinois State Police
10		Department shall adopt rules not inconsistent with this
11		Section to implement this system; but no rule shall allow the
12		Illinois State Police to retain records in contravention of
13		State and federal law.
14		(a-25) On or before January 1, 2022, the Illinois State
15		Police shall develop an Internet-based system upon which the
16		serial numbers of firearms that have been reported stolen are
17		available for public access for individuals to ensure any
18		firearms are not reported stolen prior to the sale or transfer
19		of a firearm under this Section. The Illinois State Police
20		shall have the Internet-based system completed and available
21		for use by July 1, 2022. The Department shall adopt rules not
22		inconsistent with this Section to implement this system.
23		(b) Any person within this State who transfers or causes
24		to be transferred any firearm, stun gun, or taser shall keep a
25		record of such transfer for a period of 10 years from the date
26		of transfer. Any person within this State who receives any

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1		firearm, stun gun, or taser pursuant to subsection (a-10)
2		shall provide a record of the transfer within 10 days of the
3		transfer to a federally licensed firearm dealer and shall not
4		be required to maintain a transfer record. The federally
5		licensed firearm dealer shall maintain the transfer record for
6		20 years from date of receipt. A federally licensed firearm
7		dealer may charge a fee not to exceed $25 to retain the record.
8		The record shall be provided and maintained in either an
9		electronic or paper format. The federally licensed firearm
10		dealer shall not be liable for the accuracy of any information
11		in the transfer record submitted pursuant to this Section.
12		Such records record shall contain the date of the transfer;
13		the description, serial number or other information
14		identifying the firearm, stun gun, or taser if no serial
15		number is available; and, if the transfer was completed within
16		this State, the transferee's Firearm Owner's Identification
17		Card number and any approval number or documentation provided
18		by the Department of State Police pursuant to subsection
19		(a-10) of this Section; if the transfer was not completed
20		within this State, the record shall contain the name and
21		address of the transferee. On or after January 1, 2006, the
22		record shall contain the date of application for transfer of
23		the firearm. On demand of a peace officer such transferor
24		shall produce for inspection such record of transfer. For any
25		transfer pursuant to subsection (a-10) of this Section, on the
26		demand of a peace officer, such transferee shall identify the

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1		federally licensed firearm dealer maintaining the transfer
2		record. If the transfer or sale took place at a gun show, the
3		record shall include the unique identification number. Failure
4		to record the unique identification number or approval number
5		is a petty offense. For transfers of a firearm, stun gun, or
6		taser made on or after the effective date of this amendatory
7		Act of the 100th General Assembly, failure by the private
8		seller to maintain the transfer records in accordance with
9		this Section, or failure by a transferee pursuant to
10		subsection a-10 of this Section to identify the federally
11		licensed firearm dealer maintaining the transfer record, is a
12		Class A misdemeanor for the first offense and a Class 4 felony
13		for a second or subsequent offense occurring within 10 years
14		of the first offense and the second offense was committed
15		after conviction of the first offense. Whenever any person who
16		has not previously been convicted of any violation of
17		subsection (a-5), the court may grant supervision pursuant to
18		and consistent with the limitations of Section 5-6-1 of the
19		Unified Code of Corrections. A transferee or transferor shall
20		not be criminally liable under this Section provided that he
21		or she provides the Department of State Police with the
22		transfer records in accordance with procedures established by
23		the Department. The Department shall establish, by rule, a
24		standard form on its website.
25		(b-5) Any resident may purchase ammunition from a person
26		within or outside of Illinois if shipment is by United States

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1		mail or by a private express carrier authorized by federal law
2		to ship ammunition. Any resident purchasing ammunition within
3		or outside the State of Illinois must provide the seller with a
4		copy of his or her valid Firearm Owner's Identification Card
5		or valid concealed carry license and either his or her
6		Illinois driver's license or Illinois State Identification
7		Card prior to the shipment of the ammunition. The ammunition
8		may be shipped only to an address on either of those 2
9		documents.
10		(c) The provisions of this Section regarding the transfer
11		of firearm ammunition shall not apply to those persons
12		specified in paragraph (b) of Section 2 of this Act.
13		(Source: P.A. 99-29, eff. 7-10-15; 100-1178, eff. 1-18-19.)
14		(430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
15		Sec. 3.1. Firearm Transfer Inquiry Program Dial up system.
16		(a) The Department of State Police shall provide a dial up
17		telephone system or utilize other existing technology which
18		shall be used by any federally licensed firearm dealer, gun
19		show promoter, or gun show vendor who is to transfer a firearm,
20		stun gun, or taser under the provisions of this Act. The
21		Department of State Police may utilize existing technology
22		which allows the caller to be charged a fee not to exceed $2.
23		Fees collected by the Department of State Police shall be
24		deposited in the State Police Firearm Services Fund and used
25		to provide the service.

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1		(b) Upon receiving a request from a federally licensed
2		firearm dealer, gun show promoter, or gun show vendor, the
3		Department of State Police shall immediately approve, or
4		within the time period established by Section 24-3 of the
5		Criminal Code of 2012 regarding the delivery of firearms, stun
6		guns, and tasers notify the inquiring dealer, gun show
7		promoter, or gun show vendor of any objection that would
8		disqualify the transferee from acquiring or possessing a
9		firearm, stun gun, or taser. In conducting the inquiry, the
10		Department of State Police shall initiate and complete an
11		automated search of its criminal history record information
12		files and those of the Federal Bureau of Investigation,
13		including the National Instant Criminal Background Check
14		System, and of the files of the Department of Human Services
15		relating to mental health and developmental disabilities to
16		obtain any felony conviction or patient hospitalization
17		information which would disqualify a person from obtaining or
18		require revocation of a currently valid Firearm Owner's
19		Identification Card.
20		(b-5) By January 1, 2023, the Illinois State Police shall
21		by rule provide a process for the automatic renewal of the
22		Firearm Owner's Identification Card of a person at the time of
23		an inquiry in subsection (b). Persons eligible for this
24		process must have a set of fingerprints on file with their
25		application under either subsection (a-25) of Section 4 or the
26		Firearm Concealed Carry Act.

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1		(c) If receipt of a firearm would not violate Section 24-3
2		of the Criminal Code of 2012, federal law, or this Act the
3		Department of State Police shall:
4		(1) assign a unique identification number to the
5		transfer; and
6		(2) provide the licensee, gun show promoter, or gun
7		show vendor with the number.
8		(d) Approvals issued by the Department of State Police for
9		the purchase of a firearm are valid for 30 days from the date
10		of issue.
11		(e) (1) The Department of State Police must act as the
12		Illinois Point of Contact for the National Instant Criminal
13		Background Check System.
14		(2) The Department of State Police and the Department of
15		Human Services shall, in accordance with State and federal law
16		regarding confidentiality, enter into a memorandum of
17		understanding with the Federal Bureau of Investigation for the
18		purpose of implementing the National Instant Criminal
19		Background Check System in the State. The Department of State
20		Police shall report the name, date of birth, and physical
21		description of any person prohibited from possessing a firearm
22		pursuant to the Firearm Owners Identification Card Act or 18
23		U.S.C. 922(g) and (n) to the National Instant Criminal
24		Background Check System Index, Denied Persons Files.
25		(3) The Department of State Police shall provide notice of
26		the disqualification of a person under subsection (b) of this

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1		Section or the revocation of a person's Firearm Owner's
2		Identification Card under Section 8 or Section 8.2 of this
3		Act, and the reason for the disqualification or revocation, to
4		all law enforcement agencies with jurisdiction to assist with
5		the seizure of the person's Firearm Owner's Identification
6		Card.
7		(f) The Department of State Police shall adopt rules not
8		inconsistent with this Section to implement this system.
9		(Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17.)
10		(430 ILCS 65/4) (from Ch. 38, par. 83-4)
11		Sec. 4. Application for Firearm Owner's Identification
12		Cards.
13		(a) Each applicant for a Firearm Owner's Identification
14		Card must:
15		(1) Submit an Make application as on blank forms
16		prepared and furnished at convenient locations throughout
17		the State by the Department of State Police, or by
18		electronic means, if and when made available by the
19		Illinois Department of State Police; and
20		(2) Submit evidence to the Department of State Police
21		that:
22		(i) This subparagraph (i) applies through the
23		180th day following the effective date of this
24		amendatory Act of the 101st General Assembly. He or
25		she is 21 years of age or over, or if he or she is

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1		under 21 years of age that he or she has the written
2		consent of his or her parent or legal guardian to
3		possess and acquire firearms and firearm ammunition
4		and that he or she has never been convicted of a
5		misdemeanor other than a traffic offense or adjudged
6		delinquent, provided, however, that such parent or
7		legal guardian is not an individual prohibited from
8		having a Firearm Owner's Identification Card and files
9		an affidavit with the Department as prescribed by the
10		Department stating that he or she is not an individual
11		prohibited from having a Card;
12		(i-5) This subparagraph (i-5) applies on and after
13		the 181st day following the effective date of this
14		amendatory Act of the 101st General Assembly. He or
15		she is 21 years of age or over, or if he or she is
16		under 21 years of age that he or she has never been
17		convicted of a misdemeanor other than a traffic
18		offense or adjudged delinquent and is an active duty
19		member of the United States Armed Forces or has the
20		written consent of his or her parent or legal guardian
21		to possess and acquire firearms and firearm
22		ammunition, provided, however, that such parent or
23		legal guardian is not an individual prohibited from
24		having a Firearm Owner's Identification Card and files
25		an affidavit with the Department as prescribed by the
26		Department stating that he or she is not an individual

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1		prohibited from having a Card or the active duty
2		member of the United States Armed Forces under 21
3		years of age annually submits proof to the Department
4		of State Police, in a manner prescribed by the
5		Department;
6		(ii) He or she has not been convicted of a felony
7		under the laws of this or any other jurisdiction;
8		(iii) He or she is not addicted to narcotics;
9		(iv) He or she has not been a patient in a mental
10		health facility within the past 5 years or, if he or
11		she has been a patient in a mental health facility more
12		than 5 years ago submit the certification required
13		under subsection (u) of Section 8 of this Act;
14		(v) He or she is not a person with an intellectual
15		disability;
16		(vi) He or she is not an alien who is unlawfully
17		present in the United States under the laws of the
18		United States;
19		(vii) He or she is not subject to an existing order
20		of protection prohibiting him or her from possessing a
21		firearm;
22		(viii) He or she has not been convicted within the
23		past 5 years of battery, assault, aggravated assault,
24		violation of an order of protection, or a
25		substantially similar offense in another jurisdiction,
26		in which a firearm was used or possessed;

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1		(ix) He or she has not been convicted of domestic
2		battery, aggravated domestic battery, or a
3		substantially similar offense in another jurisdiction
4		committed before, on or after January 1, 2012 (the
5		effective date of Public Act 97-158). If the applicant
6		knowingly and intelligently waives the right to have
7		an offense described in this clause (ix) tried by a
8		jury, and by guilty plea or otherwise, results in a
9		conviction for an offense in which a domestic
10		relationship is not a required element of the offense
11		but in which a determination of the applicability of
12		18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of
13		the Code of Criminal Procedure of 1963, an entry by the
14		court of a judgment of conviction for that offense
15		shall be grounds for denying the issuance of a Firearm
16		Owner's Identification Card under this Section;
17		(x) (Blank);
18		(xi) He or she is not an alien who has been
19		admitted to the United States under a non-immigrant
20		visa (as that term is defined in Section 101(a)(26) of
21		the Immigration and Nationality Act (8 U.S.C.
22		1101(a)(26))), or that he or she is an alien who has
23		been lawfully admitted to the United States under a
24		non-immigrant visa if that alien is:
25		(1) admitted to the United States for lawful
26		hunting or sporting purposes;

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1		(2) an official representative of a foreign
2		government who is:
3		(A) accredited to the United States
4		Government or the Government's mission to an
5		international organization having its
6		headquarters in the United States; or
7		(B) en route to or from another country to
8		which that alien is accredited;
9		(3) an official of a foreign government or
10		distinguished foreign visitor who has been so
11		designated by the Department of State;
12		(4) a foreign law enforcement officer of a
13		friendly foreign government entering the United
14		States on official business; or
15		(5) one who has received a waiver from the
16		Attorney General of the United States pursuant to
17		18 U.S.C. 922(y)(3);
18		(xii) He or she is not a minor subject to a
19		petition filed under Section 5-520 of the Juvenile
20		Court Act of 1987 alleging that the minor is a
21		delinquent minor for the commission of an offense that
22		if committed by an adult would be a felony;
23		(xiii) He or she is not an adult who had been
24		adjudicated a delinquent minor under the Juvenile
25		Court Act of 1987 for the commission of an offense that
26		if committed by an adult would be a felony;

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1		(xiv) He or she is a resident of the State of
2		Illinois;
3		(xv) He or she has not been adjudicated as a person
4		with a mental disability;
5		(xvi) He or she has not been involuntarily
6		admitted into a mental health facility; and
7		(xvii) He or she is not a person with a
8		developmental disability; and
9		(3) Upon request by the Department of State Police,
10		sign a release on a form prescribed by the Department of
11		State Police waiving any right to confidentiality and
12		requesting the disclosure to the Department of State
13		Police of limited mental health institution admission
14		information from another state, the District of Columbia,
15		any other territory of the United States, or a foreign
16		nation concerning the applicant for the sole purpose of
17		determining whether the applicant is or was a patient in a
18		mental health institution and disqualified because of that
19		status from receiving a Firearm Owner's Identification
20		Card. No mental health care or treatment records may be
21		requested. The information received shall be destroyed
22		within one year of receipt.
23		(a-5) Each applicant for a Firearm Owner's Identification
24		Card who is over the age of 18 shall furnish to the Department
25		of State Police either his or her Illinois driver's license
26		number or Illinois Identification Card number, except as

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1		provided in subsection (a-10).
2		(a-10) Each applicant for a Firearm Owner's Identification
3		Card, who is employed as a law enforcement officer, an armed
4		security officer in Illinois, or by the United States Military
5		permanently assigned in Illinois and who is not an Illinois
6		resident, shall furnish to the Department of State Police his
7		or her driver's license number or state identification card
8		number from his or her state of residence. The Department of
9		State Police may adopt rules to enforce the provisions of this
10		subsection (a-10).
11		(a-15) If an applicant applying for a Firearm Owner's
12		Identification Card moves from the residence address named in
13		the application, he or she shall immediately notify in a form
14		and manner prescribed by the Department of State Police of
15		that change of address.
16		(a-20) Each applicant for a Firearm Owner's Identification
17		Card shall furnish to the Department of State Police his or her
18		photograph. An applicant who is 21 years of age or older
19		seeking a religious exemption to the photograph requirement
20		must furnish with the application an approved copy of United
21		States Department of the Treasury Internal Revenue Service
22		Form 4029. In lieu of a photograph, an applicant regardless of
23		age seeking a religious exemption to the photograph
24		requirement shall submit fingerprints on a form and manner
25		prescribed by the Department with his or her application.
26		(a-25) Beginning January 1, 2023, each applicant for the

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1		issuance of a Firearm Owner's Identification Card may include
2		a full set of his or her fingerprints in electronic format to
3		the Illinois State Police, unless the applicant has previously
4		provided a full set of his or her fingerprints to the Illinois
5		State Police under this Act or the Firearm Concealed Carry
6		Act.
7		The fingerprints must be transmitted through a live scan
8		fingerprint vendor licensed by the Department of Financial and
9		Professional Regulation. The fingerprints shall be checked
10		against the fingerprint records now and hereafter filed in the
11		Illinois State Police and Federal Bureau of Investigation
12		criminal history records databases, including all available
13		State and local criminal history record information files.
14		The Illinois State Police shall charge applicants a
15		one-time fee for conducting the criminal history record check,
16		which shall be deposited into the State Police Services Fund
17		and shall not exceed the actual cost of the State and national
18		criminal history record check.
19		(a-26) The Illinois State Police shall research, explore,
20		and report to the General Assembly by January 1, 2022 on the
21		feasibility of permitting voluntarily submitted fingerprints
22		obtained for purposes other than Firearm Owner's
23		Identification Card enforcement that are contained in the
24		Illinois State Police database for purposes of this Act.
25		(b) Each application form shall include the following
26		statement printed in bold type: "Warning: Entering false

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1		information on an application for a Firearm Owner's
2		Identification Card is punishable as a Class 2 felony in
3		accordance with subsection (d-5) of Section 14 of the Firearm
4		Owners Identification Card Act.".
5		(c) Upon such written consent, pursuant to Section 4,
6		paragraph (a)(2)(i), the parent or legal guardian giving the
7		consent shall be liable for any damages resulting from the
8		applicant's use of firearms or firearm ammunition.
9		(Source: P.A. 101-80, eff. 7-12-19.)
10		(430 ILCS 65/5) (from Ch. 38, par. 83-5)
11		Sec. 5. Application and renewal.
12		(a) The Department of State Police shall either approve or
13		deny all applications within 30 days from the date they are
14		received, except as provided in subsections (b) and (c)
15		subsection (b) of this Section, and every applicant found
16		qualified under Section 8 of this Act by the Department shall
17		be entitled to a Firearm Owner's Identification Card upon the
18		payment of a $10 fee and applicable processing fees. The
19		processing fees shall be limited to charges by the State
20		Treasurer for using the electronic online payment system. Any
21		applicant who is an active duty member of the Armed Forces of
22		the United States, a member of the Illinois National Guard, or
23		a member of the Reserve Forces of the United States is exempt
24		from the application fee. $5 of each fee derived from the
25		issuance of a Firearm Owner's Identification Card or renewals,

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1		thereof, shall be deposited in the State Police Firearm
2		Services Fund and $5 into the State Police Revocation
3		Enforcement Fund $6 of each fee derived from the issuance of
4		Firearm Owner's Identification Cards, or renewals thereof,
5		shall be deposited in the Wildlife and Fish Fund in the State
6		Treasury; $1 of the fee shall be deposited in the State Police
7		Services Fund and $3 of the fee shall be deposited in the State
8		Police Firearm Services Fund.
9		(b) Renewal applications shall be approved or denied
10		within 60 business days, provided the applicant submitted his
11		or her renewal application prior to the expiration of his or
12		her Firearm Owner's Identification Card. If a renewal
13		application has been submitted prior to the expiration date of
14		the applicant's Firearm Owner's Identification Card, the
15		Firearm Owner's Identification Card shall remain valid while
16		the Department processes the application, unless the person is
17		subject to or becomes subject to revocation under this Act.
18		The cost for a renewal application shall be $10, and may
19		include applicable processing fees, which shall be limited to
20		charges by the State Treasurer for using the electronic online
21		payment system, which shall be deposited into the State Police
22		Firearm Services Fund.
23		(c) If the Firearm Owner's Identification Card of a
24		licensee under the Firearm Concealed Carry Act expires during
25		the term of the licensee's concealed carry license, the
26		Firearm Owner's Identification Card and the license remain

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1		valid and the licensee does not have to renew his or her
2		Firearm Owner's Identification Card during the duration of the
3		concealed carry license. Unless the Illinois State Police has
4		reason to believe the licensee is no longer eligible for the
5		card, the Illinois State Police may automatically renew the
6		licensee's Firearm Owner's Identification Card and send a
7		renewed Firearm Owner's Identification Card to the licensee.
8		(d) The Illinois State Police may adopt rules concerning
9		the use of voluntarily submitted fingerprints, as allowed by
10		State and federal law.
11		(Source: P.A. 100-906, eff. 1-1-19.)
12		(430 ILCS 65/6) (from Ch. 38, par. 83-6)
13		Sec. 6. Contents of Firearm Owner's Identification Card.
14		(a) A Firearm Owner's Identification Card, issued by the
15		Department of State Police at such places as the Director of
16		the Department shall specify, shall contain the applicant's
17		name, residence, date of birth, sex, physical description,
18		recent photograph, except as provided in subsection (c-5), and
19		signature. Each Firearm Owner's Identification Card must have
20		the Firearm Owner's Identification Card number expiration date
21		boldly and conspicuously displayed on the face of the card.
22		Each Firearm Owner's Identification Card must have printed on
23		it the following: "CAUTION - This card does not permit bearer
24		to UNLAWFULLY carry or use firearms." Before December 1, 2002,
25		the Department may use a person's digital photograph and

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1		signature from his or her Illinois driver's license or
2		Illinois Identification Card, if available. On and after
3		December 1, 2002, the Department shall use a person's digital
4		photograph and signature from his or her Illinois driver's
5		license or Illinois Identification Card, if available. The
6		Department shall decline to use a person's digital photograph
7		or signature if the digital photograph or signature is the
8		result of or associated with fraudulent or erroneous data,
9		unless otherwise provided by law.
10		(b) A person applying for a Firearm Owner's Identification
11		Card shall consent to the Department of State Police using the
12		applicant's digital driver's license or Illinois
13		Identification Card photograph, if available, and signature on
14		the applicant's Firearm Owner's Identification Card. The
15		Secretary of State shall allow the Department of State Police
16		access to the photograph and signature for the purpose of
17		identifying the applicant and issuing to the applicant a
18		Firearm Owner's Identification Card.
19		(c) The Secretary of State shall conduct a study to
20		determine the cost and feasibility of creating a method of
21		adding an identifiable code, background, or other means on the
22		driver's license or Illinois Identification Card to show that
23		an individual is not disqualified from owning or possessing a
24		firearm under State or federal law. The Secretary shall report
25		the findings of this study 12 months after the effective date
26		of this amendatory Act of the 92nd General Assembly.

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1		(c-5) If a person qualifies for a photograph exemption, in
2		lieu of a photograph, the Firearm Owner's Identification Card
3		shall contain a copy of the card holder's fingerprints. Each
4		Firearm Owner's Identification Card described in this
5		subsection (c-5) must have printed on it the following: "This
6		card is only valid for firearm purchases through a federally
7		licensed firearms dealer when presented with photographic
8		identification, as prescribed by 18 U.S.C. 922(t)(1)(C)."
9		(Source: P.A. 97-1131, eff. 1-1-13.)
10		(430 ILCS 65/6.2 new)
11		Sec. 6.2. Electronic Firearm Owner's Identification Cards.
12		Beginning January 1, 2022, the Illinois State Police may
13		develop a system under which the holder of a Firearm Owner's
14		Identification Card may display an electronic version of his
15		or her Firearm Owner's Identification Card on a mobile
16		telephone or other portable electronic device. An electronic
17		version of a Firearm Owner's Identification Card shall contain
18		security features the Illinois State Police determines to be
19		necessary to ensure that the electronic version is accurate
20		and current and shall satisfy other requirements the Illinois
21		State Police determines to be necessary regarding form and
22		content. The display or possession of an electronic version of
23		a valid Firearm Owner's Identification Card in accordance with
24		the requirements of the Illinois State Police satisfies all
25		requirements for the display or possession of a valid Firearm

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1		Owner's Identification Card under the laws of this State. The
2		possession or display of an electronic Firearm Owner's
3		Identification Card on a mobile telephone or other portable
4		electronic device does not constitute consent for a law
5		enforcement officer, court, or other officer of the court to
6		access other contents of the mobile telephone or other
7		portable electronic device. The Illinois State Police may
8		adopt rules to implement this Section.
9		(430 ILCS 65/7) (from Ch. 38, par. 83-7)
10		Sec. 7. Validity of Firearm Owner's Identification Card.
11		(a) Except as provided in Section 8 of this Act or
12		elsewhere in subsection (b) of this Section, a Firearm Owner's
13		Identification Card issued under the provisions of this Act
14		shall be valid for the person to whom it is issued for a period
15		of 10 years from the date of issuance. Unless the person no
16		longer meets the requirements or becomes subject to suspension
17		or revocation under this Act, a card issued under an
18		application made as provided in subsection (a-25) of Section 4
19		shall remain valid if the person meets the requirements of
20		subsection (b-5) of Section 3.1.
21		(b) If a renewal application is submitted to the
22		Department before the expiration date of the applicant's
23		current Firearm Owner's Identification Card, the Firearm
24		Owner's Identification Card shall remain valid for a period of
25		60 business days, unless the person is subject to or becomes

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1		subject to revocation under this Act. Unless the person no
2		longer meets the requirements or becomes subject to suspension
3		or revocation under this Act, a card issued under a renewal
4		application made as provided in subsection (a-25) of Section 4
5		shall remain valid if the person meets the implementation
6		requirements of Section 3.1.
7		(c) Beginning January 1, 2022, if the Firearm Owner's
8		Identification Card of a licensee under the Firearm Concealed
9		Carry Act expires during the term of the licensee's concealed
10		carry license, the Firearm Owner's Identification Card and the
11		license remain valid during the validity of the concealed
12		carry license and the licensee does not have to renew his or
13		her Firearm Owner's Identification Card, if the Firearm
14		Owner's Identification Card has not been otherwise renewed as
15		provided in this Act. Unless the Illinois State Police has
16		reason to believe the licensee is no longer eligible for the
17		card, the Illinois State Police may automatically renew the
18		licensee's Firearm Owner's Identification Card.
19		(Source: P.A. 100-906, eff. 1-1-19.)
20		(430 ILCS 65/7.5 new)
21		Sec. 7.5. Email and text message notifications. A person
22		subject to this Act may notify the Illinois State Police upon
23		application or at any time thereafter that he or she would like
24		to receive correspondence from the Illinois State Police via
25		email or text message and may opt out of first-class mail. Such

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1		correspondence may include notification of the status of a
2		person's application, suspension, revocation, appeal, and
3		other notifications concerning his or her Firearm Owner's
4		Identification Card. A person may request email or text
5		message, or both. Any person selecting email or text message
6		alerts must have either or both the person's email or cellular
7		phone number on file with the Illinois State Police.
8		(430 ILCS 65/8.2)
9		Sec. 8.2. Firearm Owner's Identification Card denial,
10		suspension, or revocation. The Illinois Department of State
11		Police shall deny an application or shall suspend or revoke
12		and seize a Firearm Owner's Identification Card previously
13		issued under this Act if the Department finds that the
14		applicant or person to whom such card was issued is or was at
15		the time of issuance subject to a protective order issued
16		under the laws of this or any other jurisdiction an existing
17		order of protection or firearms restraining order. When the
18		duration of the protective order is expected to be less than
19		one year, the Illinois State Police may suspend the Firearm
20		Owner's Identification Card under Section 8.3 of the Act and
21		shall reinstate it upon conclusion of the suspension if no
22		other grounds for denial or revocation are found under Section
23		8 of the Act.
24		(Source: P.A. 100-607, eff. 1-1-19.)

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1		(430 ILCS 65/8.3)
2		Sec. 8.3. Suspension of Firearm Owner's Identification
3		Card. The Department of State Police may suspend , by rule in a
4		manner consistent with the Department's rules concerning
5		revocation, provide for the suspension of the Firearm Owner's
6		Identification Card of a person whose Firearm Owner's
7		Identification Card is subject to revocation and seizure under
8		this Act for the duration of the disqualification if the
9		disqualification is not a permanent grounds for revocation of
10		a Firearm Owner's Identification Card under this Act. The
11		Illinois State Police may adopt rules necessary to implement
12		this Section.
13		(Source: P.A. 100-607, eff. 1-1-19; 100-906, eff. 1-1-19.)
14		(430 ILCS 65/8.4 new)
15		Sec. 8.4. Cancellation of Firearm Owner's Identification
16		Card. The Illinois State Police may cancel a Firearm Owner's
17		Identification Card if a person is not prohibited by State or
18		federal law from acquiring or possessing a firearm or firearm
19		ammunition and the sole purpose is for an administrative
20		reason. This includes, at the request of the Firearm Owner's
21		Identification Card holder, a person who surrenders his or her
22		Illinois driver's license or Illinois identification card to
23		another jurisdiction, or a person's Firearm Owner's
24		Identification Card is reported as lost, stolen, or destroyed.
25		The Illinois State Police may adopt rules necessary to

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1		implement this Section.
2		(430 ILCS 65/8.5 new)
3		Sec. 8.5. Illinois State Police to monitor databases for
4		firearms prohibitors. The Illinois State Police shall
5		continuously monitor relevant State and federal databases, as
6		allowed by State and federal law, for firearms prohibitors and
7		correlate those records with Firearm Owner's Identification
8		Card holders to ensure compliance with this Act and any other
9		State and federal laws. As used in this Section, "firearms
10		prohibitor" means any factor listed in Section 8 or Section
11		8.2 of this Act or Section 24-3 or 24-3.1 of the Criminal Code
12		of 2012 that prohibits a person from transferring or
13		possessing a firearm, firearm ammunition, Firearm Owner's
14		Identification Card, or concealed carry license.
15		(430 ILCS 65/9.5)
16		Sec. 9.5. Revocation of Firearm Owner's Identification
17		Card.
18		(a) A person who receives a revocation notice under
19		Section 9 of this Act shall, within 48 hours of receiving
20		notice of the revocation:
21		(1) surrender his or her Firearm Owner's
22		Identification Card to the local law enforcement agency
23		where the person resides or . The local law enforcement
24		agency shall provide the person a receipt and transmit the

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1		Firearm Owner's Identification Card to the Department of
2		State Police; and
3		(2) complete a Firearm Disposition Record on a form
4		prescribed by the Department of State Police and place his
5		or her firearms in the location or with the person
6		reported in the Firearm Disposition Record. The form shall
7		require the person to disclose:
8		(A) the make, model, and serial number of each
9		firearm owned by or under the custody and control of
10		the revoked person;
11		(B) the location where each firearm will be
12		maintained during the prohibited term; and
13		(C) if any firearm will be transferred to the
14		custody of another person, the name, address and
15		Firearm Owner's Identification Card number of the
16		transferee; and .
17		(D) to whom his or her Firearm Owner's
18		Identification Card was surrendered.
19		Once completed, the person shall retain a copy and
20		provide a copy of the Firearm Disposition Record to the
21		Illinois State Police.
22		(b) Upon confirming through the portal created under
23		Section 2605-304 of the Department of State Police Law of the
24		Civil Administrative Code of Illinois that the Firearm Owner's
25		Identification Card has been revoked by the Illinois State
26		Police, surrendered cards shall be destroyed by the law

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1		enforcement agency receiving the cards. If a card has not been
2		revoked, the card shall be returned to the cardholder. The
3		local law enforcement agency shall provide a copy of the
4		Firearm Disposition Record to the person whose Firearm Owner's
5		Identification Card has been revoked and to the Department of
6		State Police.
7		(b-5) If a court orders the surrender of a Firearms
8		Owner's Identification Card and accepts receipt of the Card,
9		the court shall destroy the Card and direct the person whose
10		Firearm Owner's Identification Card has been surrendered to
11		comply with paragraph (2) of subsection (a).
12		(b-10) If the person whose Firearm Owner's Identification
13		Card has been revoked has either lost or destroyed the Card,
14		the person must still comply with paragraph (2) of subsection
15		(a).
16		(b-15) A notation shall be made in the portal created
17		under Section 2605-304 of the Department of State Police Law
18		of the Civil Administrative Code of Illinois that the revoked
19		Firearm Owner's Identification Card has been destroyed.
20		(c) If the person whose Firearm Owner's Identification
21		Card has been revoked fails to comply with the requirements of
22		this Section, the sheriff or law enforcement agency where the
23		person resides may petition the circuit court to issue a
24		warrant to search for and seize the Firearm Owner's
25		Identification Card and firearms in the possession or under
26		the custody or control of the person whose Firearm Owner's

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1		Identification Card has been revoked.
2		(d) A violation of subsection (a) of this Section is a
3		Class A misdemeanor.
4		(e) The observation of a Firearm Owner's Identification
5		Card in the possession of a person whose Firearm Owner's
6		Identification Card has been revoked constitutes a sufficient
7		basis for the arrest of that person for violation of this
8		Section.
9		(f) Within 30 days after the effective date of this
10		amendatory Act of the 98th General Assembly, the Department of
11		State Police shall provide written notice of the requirements
12		of this Section to persons whose Firearm Owner's
13		Identification Cards have been revoked, suspended, or expired
14		and who have failed to surrender their cards to the
15		Department.
16		(g) A person whose Firearm Owner's Identification Card has
17		been revoked and who received notice under subsection (f)
18		shall comply with the requirements of this Section within 48
19		hours of receiving notice.
20		(Source: P.A. 98-63, eff. 7-9-13.)
21		(430 ILCS 65/10) (from Ch. 38, par. 83-10)
22		Sec. 10. Appeals Appeal to director; hearing; relief from
23		firearm prohibitions.
24		(a) Whenever an application for a Firearm Owner's
25		Identification Card is denied, whenever the Department fails

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1		to act on an application within 30 days of its receipt, or
2		whenever such a Card is revoked or seized as provided for in
3		Section 8 of this Act, the aggrieved party may (1) file a
4		record challenge with the Director regarding the record upon
5		which the decision to deny or revoke the Firearm Owner's
6		Identification Card was based under subsection (a-5); or (2)
7		appeal to the Director of the Illinois State Police through
8		December 31, 2022, or beginning January 1, 2023, the Firearm
9		Owner's Identification Card Review Board for a hearing seeking
10		relief from upon such denial or , revocation or seizure,
11		unless the denial or , revocation, or seizure was based upon a
12		forcible felony, stalking, aggravated stalking, domestic
13		battery, any violation of the Illinois Controlled Substances
14		Act, the Methamphetamine Control and Community Protection Act,
15		or the Cannabis Control Act that is classified as a Class 2 or
16		greater felony, any felony violation of Article 24 of the
17		Criminal Code of 1961 or the Criminal Code of 2012, or any
18		adjudication as a delinquent minor for the commission of an
19		offense that if committed by an adult would be a felony, in
20		which case the aggrieved party may petition the circuit court
21		in writing in the county of his or her residence for a hearing
22		seeking relief from upon such denial or , revocation, or
23		seizure.
24		(a-5) There is created a Firearm Owner's Identification
25		Card Review Board to consider any appeal under subsection (a)
26		beginning January 1, 2023, other than an appeal directed to

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1		the circuit court and except when the applicant is challenging
2		the record upon which the decision to deny or revoke was based
3		as provided in subsection (a-10).
4		(0.05) In furtherance of the policy of this Act that
5		the Board shall exercise its powers and duties in an
6		independent manner, subject to the provisions of this Act
7		but free from the direction, control, or influence of any
8		other agency or department of State government. All
9		expenses and liabilities incurred by the Board in the
10		performance of its responsibilities hereunder shall be
11		paid from funds which shall be appropriated to the Board
12		by the General Assembly for the ordinary and contingent
13		expenses of the Board.
14		(1) The Board shall consist of 7 members appointed by
15		the Governor, with the advice and consent of the Senate,
16		with 3 members residing within the First Judicial District
17		and one member residing within each of the 4 remaining
18		Judicial Districts. No more than 4 members shall be
19		members of the same political party. The Governor shall
20		designate one member as the chairperson. The Board shall
21		consist of:
22		(A) one member with at least 5 years of service as
23		a federal or State judge;
24		(B) one member with at least 5 years of experience
25		serving as an attorney with the United States
26		Department of Justice, or as a State's Attorney or

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1		Assistant State's Attorney;
2		(C) one member with at least 5 years of experience
3		serving as a State or federal public defender or
4		assistant public defender;
5		(D) three members with at least 5 years of
6		experience as a federal, State, or local law
7		enforcement agent or as an employee with investigative
8		experience or duties related to criminal justice under
9		the United States Department of Justice, Drug
10		Enforcement Administration, Department of Homeland
11		Security, Federal Bureau of Investigation, or a State
12		or local law enforcement agency; and
13		(E) one member with at least 5 years of experience
14		as a licensed physician or clinical psychologist with
15		expertise in the diagnosis and treatment of mental
16		illness.
17		(2) The terms of the members initially appointed after
18		the effective date of this amendatory Act of the 102nd
19		General Assembly shall be as follows: one of the initial
20		members shall be appointed for a term of one year, 3 shall
21		be appointed for terms of 2 years, and 3 shall be appointed
22		for terms of 4 years. Thereafter, members shall hold
23		office for 4 years, with terms expiring on the second
24		Monday in January immediately following the expiration of
25		their terms and every 4 years thereafter. Members may be
26		reappointed. Vacancies in the office of member shall be

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1		filled in the same manner as the original appointment, for
2		the remainder of the unexpired term. The Governor may
3		remove a member for incompetence, neglect of duty,
4		malfeasance, or inability to serve. Members shall receive
5		compensation in an amount equal to the compensation of
6		members of the Executive Ethics Commission and may be
7		reimbursed, from funds appropriated for such a purpose,
8		for reasonable expenses actually incurred in the
9		performance of their Board duties. The Illinois State
10		Police shall designate an employee to serve as Executive
11		Director of the Board and provide logistical and
12		administrative assistance to the Board.
13		(3) The Board shall meet at least quarterly each year
14		and at the call of the chairperson as often as necessary to
15		consider appeals of decisions made with respect to
16		applications for a Firearm Owner's Identification Card
17		under this Act. If necessary to ensure the participation
18		of a member, the Board shall allow a member to participate
19		in a Board meeting by electronic communication. Any member
20		participating electronically shall be deemed present for
21		purposes of establishing a quorum and voting.
22		(4) The Board shall adopt rules for the review of
23		appeals and the conduct of hearings. The Board shall
24		maintain a record of its decisions and all materials
25		considered in making its decisions. All Board decisions
26		and voting records shall be kept confidential and all

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1		materials considered by the Board shall be exempt from
2		inspection except upon order of a court.
3		(5) In considering an appeal, the Board shall review
4		the materials received concerning the denial or revocation
5		by the Illinois State Police. By a vote of at least 4
6		members, the Board may request additional information from
7		the Illinois State Police or the applicant or the
8		testimony of the Illinois State Police or the applicant.
9		The Board may require that the applicant submit electronic
10		fingerprints to the Illinois State Police for an updated
11		background check if the Board determines it lacks
12		sufficient information to determine eligibility. The Board
13		may consider information submitted by the Illinois State
14		Police, a law enforcement agency, or the applicant. The
15		Board shall review each denial or revocation and determine
16		by a majority of members whether an applicant should be
17		granted relief under subsection (c).
18		(6) The Board shall by order issue summary decisions.
19		The Board shall issue a decision within 45 days of
20		receiving all completed appeal documents from the Illinois
21		State Police and the applicant. However, the Board need
22		not issue a decision within 45 days if:
23		(A) the Board requests information from the
24		applicant, including, but not limited to, electronic
25		fingerprints to be submitted to the Illinois State
26		Police, in accordance with paragraph (5) of this

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1		subsection, in which case the Board shall make a
2		decision within 30 days of receipt of the required
3		information from the applicant;
4		(B) the applicant agrees, in writing, to allow the
5		Board additional time to consider an appeal; or
6		(C) the Board notifies the applicant and the
7		Illinois State Police that the Board needs an
8		additional 30 days to issue a decision. The Board may
9		only issue 2 extensions under this subparagraph (C).
10		The Board's notification to the applicant and the
11		Illinois State Police shall include an explanation for
12		the extension.
13		(7) If the Board determines that the applicant is
14		eligible for relief under subsection (c), the Board shall
15		notify the applicant and the Illinois State Police that
16		relief has been granted and the Illinois State Police
17		shall issue the Card.
18		(8) Meetings of the Board shall not be subject to the
19		Open Meetings Act and records of the Board shall not be
20		subject to the Freedom of Information Act.
21		(9) The Board shall report monthly to the Governor and
22		the General Assembly on the number of appeals received and
23		provide details of the circumstances in which the Board
24		has determined to deny Firearm Owner's Identification
25		Cards under this subsection (a-5). The report shall not
26		contain any identifying information about the applicants.

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1		(a-10) Whenever an applicant or cardholder is not seeking
2		relief from a firearms prohibition under subsection (c) but
3		rather does not believe the applicant is appropriately denied
4		or revoked and is challenging the record upon which the
5		decision to deny or revoke the Firearm Owner's Identification
6		Card was based, or whenever the Illinois State Police fails to
7		act on an application within 30 days of its receipt, the
8		applicant shall file such challenge with the Director. The
9		Director shall render a decision within 60 business days of
10		receipt of all information supporting the challenge. The
11		Illinois State Police shall adopt rules for the review of a
12		record challenge.
13		(b) At least 30 days before any hearing in the circuit
14		court, the petitioner shall serve the relevant State's
15		Attorney with a copy of the petition. The State's Attorney may
16		object to the petition and present evidence. At the hearing,
17		the court shall determine whether substantial justice has been
18		done. Should the court determine that substantial justice has
19		not been done, the court shall issue an order directing the
20		Illinois Department of State Police to issue a Card. However,
21		the court shall not issue the order if the petitioner is
22		otherwise prohibited from obtaining, possessing, or using a
23		firearm under federal law.
24		(c) Any person prohibited from possessing a firearm under
25		Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
26		acquiring a Firearm Owner's Identification Card under Section

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1		8 of this Act may apply to the Firearm Owner's Identification
2		Card Review Board Director of State Police or petition the
3		circuit court in the county where the petitioner resides,
4		whichever is applicable in accordance with subsection (a) of
5		this Section, requesting relief from such prohibition and the
6		Board Director or court may grant such relief if it is
7		established by the applicant to the court's or the Board's
8		Director's satisfaction that:
9		(0.05) when in the circuit court, the State's Attorney
10		has been served with a written copy of the petition at
11		least 30 days before any such hearing in the circuit court
12		and at the hearing the State's Attorney was afforded an
13		opportunity to present evidence and object to the
14		petition;
15		(1) the applicant has not been convicted of a forcible
16		felony under the laws of this State or any other
17		jurisdiction within 20 years of the applicant's
18		application for a Firearm Owner's Identification Card, or
19		at least 20 years have passed since the end of any period
20		of imprisonment imposed in relation to that conviction;
21		(2) the circumstances regarding a criminal conviction,
22		where applicable, the applicant's criminal history and his
23		reputation are such that the applicant will not be likely
24		to act in a manner dangerous to public safety;
25		(3) granting relief would not be contrary to the
26		public interest; and

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1		(4) granting relief would not be contrary to federal
2		law.
3		(c-5) (1) An active law enforcement officer employed by a
4		unit of government, who is denied, revoked, or has his or her
5		Firearm Owner's Identification Card seized under subsection
6		(e) of Section 8 of this Act may apply to the Firearm Owner's
7		Identification Card Review Board Director of State Police
8		requesting relief if the officer did not act in a manner
9		threatening to the officer, another person, or the public as
10		determined by the treating clinical psychologist or physician,
11		and as a result of his or her work is referred by the employer
12		for or voluntarily seeks mental health evaluation or treatment
13		by a licensed clinical psychologist, psychiatrist, or
14		qualified examiner, and:
15		(A) the officer has not received treatment
16		involuntarily at a mental health facility, regardless of
17		the length of admission; or has not been voluntarily
18		admitted to a mental health facility for more than 30 days
19		and not for more than one incident within the past 5 years;
20		and
21		(B) the officer has not left the mental institution
22		against medical advice.
23		(2) The Firearm Owner's Identification Card Review Board
24		Director of State Police shall grant expedited relief to
25		active law enforcement officers described in paragraph (1) of
26		this subsection (c-5) upon a determination by the Board

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1		Director that the officer's possession of a firearm does not
2		present a threat to themselves, others, or public safety. The
3		Board Director shall act on the request for relief within 30
4		business days of receipt of:
5		(A) a notarized statement from the officer in the form
6		prescribed by the Board Director detailing the
7		circumstances that led to the hospitalization;
8		(B) all documentation regarding the admission,
9		evaluation, treatment and discharge from the treating
10		licensed clinical psychologist or psychiatrist of the
11		officer;
12		(C) a psychological fitness for duty evaluation of the
13		person completed after the time of discharge; and
14		(D) written confirmation in the form prescribed by the
15		Board Director from the treating licensed clinical
16		psychologist or psychiatrist that the provisions set forth
17		in paragraph (1) of this subsection (c-5) have been met,
18		the person successfully completed treatment, and their
19		professional opinion regarding the person's ability to
20		possess firearms.
21		(3) Officers eligible for the expedited relief in
22		paragraph (2) of this subsection (c-5) have the burden of
23		proof on eligibility and must provide all information
24		required. The Board Director may not consider granting
25		expedited relief until the proof and information is received.
26		(4) "Clinical psychologist", "psychiatrist", and

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1		"qualified examiner" shall have the same meaning as provided
2		in Chapter I of the Mental Health and Developmental
3		Disabilities Code.
4		(c-10) (1) An applicant, who is denied, revoked, or has
5		his or her Firearm Owner's Identification Card seized under
6		subsection (e) of Section 8 of this Act based upon a
7		determination of a developmental disability or an intellectual
8		disability may apply to the Firearm Owner's Identification
9		Card Review Board Director of State Police requesting relief.
10		(2) The Board Director shall act on the request for relief
11		within 60 business days of receipt of written certification,
12		in the form prescribed by the Board Director, from a physician
13		or clinical psychologist, or qualified examiner, that the
14		aggrieved party's developmental disability or intellectual
15		disability condition is determined by a physician, clinical
16		psychologist, or qualified to be mild. If a fact-finding
17		conference is scheduled to obtain additional information
18		concerning the circumstances of the denial or revocation, the
19		60 business days the Director has to act shall be tolled until
20		the completion of the fact-finding conference.
21		(3) The Board Director may grant relief if the aggrieved
22		party's developmental disability or intellectual disability is
23		mild as determined by a physician, clinical psychologist, or
24		qualified examiner and it is established by the applicant to
25		the Board's Director's satisfaction that:
26		(A) granting relief would not be contrary to the

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1		public interest; and
2		(B) granting relief would not be contrary to federal
3		law.
4		(4) The Board Director may not grant relief if the
5		condition is determined by a physician, clinical psychologist,
6		or qualified examiner to be moderate, severe, or profound.
7		(5) The changes made to this Section by Public Act 99-29
8		this amendatory Act of the 99th General Assembly apply to
9		requests for relief pending on or before July 10, 2015 (the
10		effective date of Public Act 99-29) this amendatory Act,
11		except that the 60-day period for the Director to act on
12		requests pending before the effective date shall begin on July
13		10, 2015 (the effective date of Public Act 99-29) this
14		amendatory Act. All appeals as provided in subsection (a-5),
15		pending on January 1, 2023, shall be considered by the Board.
16		(d) When a minor is adjudicated delinquent for an offense
17		which if committed by an adult would be a felony, the court
18		shall notify the Illinois Department of State Police.
19		(e) The court shall review the denial of an application or
20		the revocation of a Firearm Owner's Identification Card of a
21		person who has been adjudicated delinquent for an offense that
22		if committed by an adult would be a felony if an application
23		for relief has been filed at least 10 years after the
24		adjudication of delinquency and the court determines that the
25		applicant should be granted relief from disability to obtain a
26		Firearm Owner's Identification Card. If the court grants

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1		relief, the court shall notify the Illinois Department of
2		State Police that the disability has been removed and that the
3		applicant is eligible to obtain a Firearm Owner's
4		Identification Card.
5		(f) Any person who is subject to the disabilities of 18
6		U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
7		of 1968 because of an adjudication or commitment that occurred
8		under the laws of this State or who was determined to be
9		subject to the provisions of subsections (e), (f), or (g) of
10		Section 8 of this Act may apply to the Illinois Department of
11		State Police requesting relief from that prohibition. The
12		Board Director shall grant the relief if it is established by a
13		preponderance of the evidence that the person will not be
14		likely to act in a manner dangerous to public safety and that
15		granting relief would not be contrary to the public interest.
16		In making this determination, the Board Director shall receive
17		evidence concerning (i) the circumstances regarding the
18		firearms disabilities from which relief is sought; (ii) the
19		petitioner's mental health and criminal history records, if
20		any; (iii) the petitioner's reputation, developed at a minimum
21		through character witness statements, testimony, or other
22		character evidence; and (iv) changes in the petitioner's
23		condition or circumstances since the disqualifying events
24		relevant to the relief sought. If relief is granted under this
25		subsection or by order of a court under this Section, the
26		Director shall as soon as practicable but in no case later than

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1		15 business days, update, correct, modify, or remove the
2		person's record in any database that the Illinois Department
3		of State Police makes available to the National Instant
4		Criminal Background Check System and notify the United States
5		Attorney General that the basis for the record being made
6		available no longer applies. The Illinois Department of State
7		Police shall adopt rules for the administration of this
8		Section.
9		(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78,
10		eff. 7-20-15.)
11		(430 ILCS 65/11) (from Ch. 38, par. 83-11)
12		Sec. 11. Judicial review of final administrative
13		decisions.
14		(a) All final administrative decisions of the Firearm
15		Owner's Identification Card Review Board Department under this
16		Act, except final administrative decisions of the Firearm
17		Owner's Identification Card Review Board Director of State
18		Police to deny a person's application for relief under
19		subsection (f) of Section 10 of this Act, shall be subject to
20		judicial review under the provisions of the Administrative
21		Review Law, and all amendments and modifications thereof, and
22		the rules adopted pursuant thereto. The term "administrative
23		decision" is defined as in Section 3-101 of the Code of Civil
24		Procedure.
25		(b) Any final administrative decision by the Firearm

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1		Owner's Identification Card Review Board Director of State
2		Police to deny a person's application for relief under
3		subsection (f) of Section 10 of this Act is subject to de novo
4		judicial review by the circuit court, and any party may offer
5		evidence that is otherwise proper and admissible without
6		regard to whether that evidence is part of the administrative
7		record.
8		(c) The Firearm Owner's Identification Card Review Board
9		Director of State Police shall submit a report to the General
10		Assembly on March 1 of each year, beginning March 1, 1991,
11		listing all final decisions by a court of this State
12		upholding, reversing, or reversing in part any administrative
13		decision made by the Department of State Police.
14		(Source: P.A. 97-1131, eff. 1-1-13.)
15		(430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)
16		Sec. 13.2. Renewal; name, photograph, or address change;
17		replacement card. The Department of State Police shall, 180 60
18		days prior to the expiration of a Firearm Owner's
19		Identification Card, forward by first class mail or by other
20		means provided in Section 7.5 to each person whose card is to
21		expire a notification of the expiration of the card and
22		instructions for renewal. It is the obligation of the holder
23		of a Firearm Owner's Identification Card to notify the
24		Department of State Police of any address change since the
25		issuance of the Firearm Owner's Identification Card. The

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1		Illinois State Police may update the applicant and card
2		holders address based upon records in the Secretary of State
3		Driver's License or Illinois identification card records of
4		applicants who do not have driver's licenses. Whenever any
5		person moves from the residence address named on his or her
6		card, the person shall within 21 calendar days thereafter
7		notify in a form and manner prescribed by the Department of his
8		or her old and new residence addresses and the card number held
9		by him or her. Any person whose legal name has changed from the
10		name on the card that he or she has been previously issued must
11		apply for a corrected card within 30 calendar days after the
12		change. The cost for an updated or a corrected card shall be
13		$5. The cost for replacement of a card which has been lost,
14		destroyed, or stolen shall be $5 if the loss, destruction, or
15		theft of the card is reported to the Department of State
16		Police. The fees collected under this Section shall be
17		deposited into the State Police Firearm Services Fund.
18		(Source: P.A. 100-906, eff. 1-1-19.)
19		(430 ILCS 65/13.4 new)
20		Sec. 13.4. Illinois State Police; rule making authority.
21		The Illinois State Police shall by rule adopt the following
22		procedures:
23		(1) When a person who possesses a valid Firearm Owner's
24		Identification Card applies for and is approved for a
25		concealed carry license, the valid Firearm Owner's

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1		Identification Card is renewed for 10 years from the time of
2		approval instead of 10 years from the date of the original
3		card.
4		(2) If a person is eligible for both a Firearm Owner's
5		Identification Card and a concealed carry license, the
6		Illinois State Police shall by rule create one card that may be
7		used as both a Firearm Owner's Identification Card and a
8		concealed carry license. A combined Firearm Owner's
9		Identification Card and concealed carry license shall be
10		considered a valid card for the purposes of this Act. If a
11		person who possesses a combined Firearm Owner's Identification
12		Card and a concealed carry license becomes subject to
13		suspension or revocation under the Firearm Concealed Carry
14		Act, but is otherwise eligible for a valid Firearm Owner's
15		Identification Card, the Illinois State Police shall ensure
16		the person's Firearm Owner's Identification Card status is not
17		interrupted. The Illinois State Police shall adopt rules to
18		implement this Section.
19		Section 25. The Firearm Concealed Carry Act is amended by
20		changing Sections 10, 20, 30, 50, 55, and 70 and by adding
21		Sections 10.5, 10.6, and 66 as follows:
22		(430 ILCS 66/10)
23		Sec. 10. Issuance of licenses to carry a concealed
24		firearm.

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1		(a) The Department shall issue a license to carry a
2		concealed firearm under this Act to an applicant who:
3		(1) meets the qualifications of Section 25 of this
4		Act;
5		(2) has provided the application and documentation
6		required in Section 30 of this Act;
7		(3) has submitted the requisite fees; and
8		(4) does not pose a danger to himself, herself, or
9		others, or a threat to public safety as determined by the
10		Concealed Carry Licensing Review Board in accordance with
11		Section 20.
12		(b) The Department shall issue a renewal, corrected, or
13		duplicate license as provided in this Act.
14		(c) A license shall be valid throughout the State for a
15		period of 5 years from the date of issuance. A license shall
16		permit the licensee to:
17		(1) carry a loaded or unloaded concealed firearm,
18		fully concealed or partially concealed, on or about his or
19		her person; and
20		(2) keep or carry a loaded or unloaded concealed
21		firearm on or about his or her person within a vehicle.
22		(d) The Department shall make applications for a license
23		available no later than 180 days after the effective date of
24		this Act. The Department shall establish rules for the
25		availability and submission of applications in accordance with
26		this Act.

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1		(e) An application for a license submitted to the
2		Department that contains all the information and materials
3		required by this Act, including the requisite fee, shall be
4		deemed completed. Except as otherwise provided in this Act, no
5		later than 90 days after receipt of a completed application,
6		the Department shall issue or deny the applicant a license.
7		The Illinois State Police shall notify the applicant for a
8		concealed carry license, electronically, to confirm if all the
9		required information and materials have been received. If an
10		applicant for a concealed carry license submits his or her
11		application electronically, the Illinois State Police shall
12		notify the applicant electronically if his or her application
13		is missing information or materials.
14		(f) The Department shall deny the applicant a license if
15		the applicant fails to meet the requirements under this Act or
16		the Department receives a determination from the Board that
17		the applicant is ineligible for a license. The Department must
18		notify the applicant stating the grounds for the denial. The
19		notice of denial must inform the applicant of his or her right
20		to an appeal through administrative and judicial review.
21		(g) A licensee shall possess a license at all times the
22		licensee carries a concealed firearm except:
23		(1) when the licensee is carrying or possessing a
24		concealed firearm on his or her land or in his or her
25		abode, legal dwelling, or fixed place of business, or on
26		the land or in the legal dwelling of another person as an

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1		invitee with that person's permission;
2		(2) when the person is authorized to carry a firearm
3		under Section 24-2 of the Criminal Code of 2012, except
4		subsection (a-5) of that Section; or
5		(3) when the handgun is broken down in a
6		non-functioning state, is not immediately accessible, or
7		is unloaded and enclosed in a case.
8		(h) If an officer of a law enforcement agency initiates an
9		investigative stop, including but not limited to a traffic
10		stop, of a licensee or a non-resident carrying a concealed
11		firearm under subsection (e) of Section 40 of this Act, upon
12		the request of the officer the licensee or non-resident shall
13		disclose to the officer that he or she is in possession of a
14		concealed firearm under this Act, or present the license upon
15		the request of the officer if he or she is a licensee or
16		present upon the request of the officer evidence under
17		paragraph (2) of subsection (e) of Section 40 of this Act that
18		he or she is a non-resident qualified to carry under that
19		subsection. The disclosure requirement under this subsection
20		(h) is satisfied if the licensee presents his or her license to
21		the officer or the non-resident presents to the officer
22		evidence under paragraph (2) of subsection (e) of Section 40
23		of this Act that he or she is qualified to carry under that
24		subsection. Upon the request of the officer, the licensee or
25		non-resident shall also identify the location of the concealed
26		firearm and permit the officer to safely secure the firearm

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1		for the duration of the investigative stop. During a traffic
2		stop, any passenger within the vehicle who is a licensee or a
3		non-resident carrying under subsection (e) of Section 40 of
4		this Act must comply with the requirements of this subsection
5		(h).
6		(h-1) If a licensee carrying a firearm or a non-resident
7		carrying a firearm in a vehicle under subsection (e) of
8		Section 40 of this Act is contacted by a law enforcement
9		officer or emergency services personnel, the law enforcement
10		officer or emergency services personnel may secure the firearm
11		or direct that it be secured during the duration of the contact
12		if the law enforcement officer or emergency services personnel
13		determines that it is necessary for the safety of any person
14		present, including the law enforcement officer or emergency
15		services personnel. The licensee or nonresident shall submit
16		to the order to secure the firearm. When the law enforcement
17		officer or emergency services personnel have determined that
18		the licensee or non-resident is not a threat to the safety of
19		any person present, including the law enforcement officer or
20		emergency services personnel, and if the licensee or
21		non-resident is physically and mentally capable of possessing
22		the firearm, the law enforcement officer or emergency services
23		personnel shall return the firearm to the licensee or
24		non-resident before releasing him or her from the scene and
25		breaking contact. If the licensee or non-resident is
26		transported for treatment to another location, the firearm

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1		shall be turned over to any peace officer. The peace officer
2		shall provide a receipt which includes the make, model,
3		caliber, and serial number of the firearm.
4		(i) The Department shall maintain a database of license
5		applicants and licensees. The database shall be available to
6		all federal, State, and local law enforcement agencies,
7		State's Attorneys, the Attorney General, and authorized court
8		personnel. Within 180 days after the effective date of this
9		Act, the database shall be searchable and provide all
10		information included in the application, including the
11		applicant's previous addresses within the 10 years prior to
12		the license application and any information related to
13		violations of this Act. No law enforcement agency, State's
14		Attorney, Attorney General, or member or staff of the
15		judiciary shall provide any information to a requester who is
16		not entitled to it by law.
17		(j) No later than 10 days after receipt of a completed
18		application, the Department shall enter the relevant
19		information about the applicant into the database under
20		subsection (i) of this Section which is accessible by law
21		enforcement agencies.
22		(k) The Illinois State Police shall continuously monitor
23		relevant State and federal databases for firearms prohibitors
24		and correlate those records with concealed carry license
25		holders to ensure compliance with this Act, or State and
26		federal law. The Illinois State Police may adopt rules to

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1		implement this subsection.
2		(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29,
3		eff. 7-10-15.)
4		(430 ILCS 66/10.5 new)
5		Sec. 10.5. Electronic concealed carry licenses. The
6		Illinois State Police may develop a system under which the
7		holder of a concealed carry license may display an electronic
8		version of his or her license on a mobile telephone or other
9		portable electronic device. An electronic version of a
10		concealed carry license shall contain security features the
11		Illinois State Police determines to be necessary to ensure
12		that the electronic version is accurate and current and shall
13		satisfy other requirements the Illinois State Police
14		determines to be necessary regarding form and content. The
15		display or possession of an electronic version of a valid
16		concealed carry license in accordance with the requirements of
17		the Illinois State Police satisfies all requirements for the
18		display or possession of a valid concealed carry license under
19		the laws of this State. The possession or display of an
20		electronic concealed carry license on a mobile telephone or
21		other portable electronic device does not constitute consent
22		for a law enforcement officer, court, or other officer of the
23		court to access other contents of the mobile telephone or
24		other portable electronic device. The Illinois State Police
25		may adopt rules to implement this Section.

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1		(430 ILCS 66/10.6 new)
2		Sec. 10.6. Email and text messages notifications. A person
3		subject to this Act may notify the Department upon application
4		or at any time thereafter that he or she would like to receive
5		correspondence from the Illinois State Police via email or
6		text message and may opt out of first-class mail. Such
7		correspondence may include notification of the status of a
8		person's application, suspension, revocation, appeal, and
9		other notifications concerning his or her concealed carry
10		license. A person may request email or text message, or both.
11		Any person selecting email or text message alerts must have
12		either or both the person's email or cellular phone number on
13		file with the Illinois State Police.
14		(430 ILCS 66/20)
15		Sec. 20. Concealed Carry Licensing Review Board.
16		(a) There is hereby created within the Department of State
17		Police a Concealed Carry Licensing Review Board to consider
18		any objection to an applicant's eligibility to obtain a
19		license under this Act submitted by a law enforcement agency
20		or the Department under Section 15 of this Act. The Board shall
21		consist of 7 commissioners to be appointed by the Governor,
22		with the advice and consent of the Senate, with 3
23		commissioners residing within the First Judicial District and
24		one commissioner residing within each of the 4 remaining

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1		Judicial Districts. No more than 4 commissioners shall be
2		members of the same political party. The Governor shall
3		designate one commissioner as the Chairperson. The Board shall
4		consist of:
5		(1) one commissioner with at least 5 years of service
6		as a federal judge;
7		(2) 2 commissioners with at least 5 years of
8		experience serving as an attorney with the United States
9		Department of Justice;
10		(3) 3 commissioners with at least 5 years of
11		experience as a federal agent or employee with
12		investigative experience or duties related to criminal
13		justice under the United States Department of Justice,
14		Drug Enforcement Administration, Department of Homeland
15		Security, or Federal Bureau of Investigation; and
16		(4) one member with at least 5 years of experience as a
17		licensed physician or clinical psychologist with expertise
18		in the diagnosis and treatment of mental illness.
19		(b) The initial terms of the commissioners shall end on
20		January 12, 2015. Notwithstanding any provision in this
21		Section to the contrary, the term of office of each
22		commissioner of the Concealed Carry Licensing Review Board is
23		abolished on the effective date of this amendatory Act of the
24		102nd General Assembly. The terms of the commissioners
25		appointed on or after the effective date of this amendatory
26		Act of the 102nd General Assembly shall be as follows: one of

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

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

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

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1		(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
2		(430 ILCS 66/30)
3		Sec. 30. Contents of license application.
4		(a) The license application shall be in writing, under
5		penalty of perjury, on a standard form adopted by the
6		Department and shall be accompanied by the documentation
7		required in this Section and the applicable fee. Each
8		application form shall include the following statement printed
9		in bold type: "Warning: Entering false information on this
10		form is punishable as perjury under Section 32-2 of the
11		Criminal Code of 2012."
12		(b) The application shall contain the following:
13		(1) the applicant's name, current address, date and
14		year of birth, place of birth, height, weight, hair color,
15		eye color, maiden name or any other name the applicant has
16		used or identified with, and any address where the
17		applicant resided for more than 30 days within the 10
18		years preceding the date of the license application;
19		(2) the applicant's valid driver's license number or
20		valid state identification card number;
21		(3) a waiver of the applicant's privacy and
22		confidentiality rights and privileges under all federal
23		and state laws, including those limiting access to
24		juvenile court, criminal justice, psychological, or
25		psychiatric records or records relating to any

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1		institutionalization of the applicant, and an affirmative
2		request that a person having custody of any of these
3		records provide it or information concerning it to the
4		Department. The waiver only applies to records sought in
5		connection with determining whether the applicant
6		qualifies for a license to carry a concealed firearm under
7		this Act, or whether the applicant remains in compliance
8		with the Firearm Owners Identification Card Act;
9		(4) an affirmation that the applicant possesses a
10		currently valid Firearm Owner's Identification Card and
11		card number if possessed or notice the applicant is
12		applying for a Firearm Owner's Identification Card in
13		conjunction with the license application;
14		(5) an affirmation that the applicant has not been
15		convicted or found guilty of:
16		(A) a felony;
17		(B) a misdemeanor involving the use or threat of
18		physical force or violence to any person within the 5
19		years preceding the date of the application; or
20		(C) 2 or more violations related to driving while
21		under the influence of alcohol, other drug or drugs,
22		intoxicating compound or compounds, or any combination
23		thereof, within the 5 years preceding the date of the
24		license application; and
25		(6) whether the applicant has failed a drug test for a
26		drug for which the applicant did not have a prescription,

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1		within the previous year, and if so, the provider of the
2		test, the specific substance involved, and the date of the
3		test;
4		(7) written consent for the Department to review and
5		use the applicant's Illinois digital driver's license or
6		Illinois identification card photograph and signature;
7		(8) unless submitted under subsection (a-25) of
8		Section 4 of the Firearm Owners Identification Card Act, a
9		full set of fingerprints submitted to the Department in
10		electronic format, provided the Department may accept an
11		application submitted without a set of fingerprints in
12		which case the Department shall be granted 30 days in
13		addition to the 90 days provided under subsection (e) of
14		Section 10 of this Act to issue or deny a license;
15		(9) a head and shoulder color photograph in a size
16		specified by the Department taken within the 30 days
17		preceding the date of the license application; and
18		(10) a photocopy of any certificates or other evidence
19		of compliance with the training requirements under this
20		Act.
21		(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
22		(430 ILCS 66/50)
23		Sec. 50. License renewal.
24		(a) This subsection (a) applies through the 180th day
25		following the effective date of this amendatory Act of the

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1		101st General Assembly. The Illinois State Police shall, 180
2		days prior to the expiration of a concealed carry license
3		notify each person whose license is to expire a notification
4		of the expiration of the license and instructions for renewal.
5		Applications for renewal of a license shall be made to the
6		Department. A license shall be renewed for a period of 5 years
7		upon receipt of a completed renewal application, completion of
8		3 hours of training required under Section 75 of this Act,
9		payment of the applicable renewal fee, and completion of an
10		investigation under Section 35 of this Act. The renewal
11		application shall contain the information required in Section
12		30 of this Act, except that the applicant need not resubmit a
13		full set of fingerprints.
14		(b) This subsection (b) applies on and after the 181st day
15		following the effective date of this amendatory Act of the
16		101st General Assembly. Applications for renewal of a license
17		shall be made to the Department. A license shall be renewed for
18		a period of 5 years from the date of expiration on the
19		applicant's current license upon the receipt of a completed
20		renewal application, completion of 3 hours of training
21		required under Section 75 of this Act, payment of the
22		applicable renewal fee, and completion of an investigation
23		under Section 35 of this Act. The renewal application shall
24		contain the information required in Section 30 of this Act,
25		except that the applicant need not resubmit a full set of
26		fingerprints.

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1		(Source: P.A. 101-80, eff. 7-12-19.)
2		(430 ILCS 66/55)
3		Sec. 55. Change of address or name; lost, destroyed, or
4		stolen licenses.
5		(a) A licensee shall notify the Department within 30 days
6		of moving or changing residence or any change of name. The
7		licensee shall submit the requisite fee and the Department may
8		require a notarized statement that the licensee has changed
9		his or her residence or his or her name, including the prior
10		and current address or name and the date the applicant moved or
11		changed his or her name.
12		(b) A licensee shall notify the Department within 10 days
13		of discovering that a license has been lost, destroyed, or
14		stolen. A lost, destroyed, or stolen license is invalid. To
15		request a replacement license, the licensee shall submit:
16		(1) a written or electronic acknowledgment notarized
17		statement that the licensee no longer possesses the
18		license, and that it was lost, destroyed, or stolen;
19		(2) if applicable, a copy of a police report stating
20		that the license was stolen; and
21		(3) the requisite fee.
22		(c) A violation of this Section is a petty offense with a
23		fine of $150 which shall be deposited into the Mental Health
24		Reporting Fund.
25		(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)

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1		(430 ILCS 66/66 new)
2		Sec. 66. Illinois State Police to monitor databases for
3		firearms prohibitors. The Illinois State Police shall
4		continuously monitor relevant State and federal databases for
5		firearms prohibitors and correlate those records with
6		concealed carry license holders to ensure compliance with this
7		Act and any other State and federal laws. As used in this
8		Section, "firearms prohibitor" means any factor listed in
9		Section 8 or Section 8.2 of the Firearm Owners Identification
10		Card Act or Section 24-3 or 24-3.1 of the Criminal Code of 2012
11		that prohibits a person from transferring or possessing a
12		firearm, firearm ammunition, Firearm Owner's Identification
13		Card, or concealed carry license.
14		(430 ILCS 66/70)
15		Sec. 70. Violations.
16		(a) A license issued or renewed under this Act shall be
17		revoked if, at any time, the licensee is found to be ineligible
18		for a license under this Act or the licensee no longer meets
19		the eligibility requirements of the Firearm Owners
20		Identification Card Act.
21		(b) A license shall be suspended if an order of
22		protection, including an emergency order of protection,
23		plenary order of protection, or interim order of protection
24		under Article 112A of the Code of Criminal Procedure of 1963 or

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1		under the Illinois Domestic Violence Act of 1986, or if a
2		firearms restraining order, including an emergency firearms
3		restraining order, under the Firearms Restraining Order Act,
4		is issued against a licensee for the duration of the order, or
5		if the Department is made aware of a similar order issued
6		against the licensee in any other jurisdiction. If an order of
7		protection is issued against a licensee, the licensee shall
8		surrender the license, as applicable, to the court at the time
9		the order is entered or to the law enforcement agency or entity
10		serving process at the time the licensee is served the order.
11		The court, law enforcement agency, or entity responsible for
12		serving the order of protection shall notify the Department
13		within 7 days and transmit the license to the Department.
14		(c) A license is invalid upon expiration of the license,
15		unless the licensee has submitted an application to renew the
16		license, and the applicant is otherwise eligible to possess a
17		license under this Act.
18		(d) A licensee shall not carry a concealed firearm while
19		under the influence of alcohol, other drug or drugs,
20		intoxicating compound or combination of compounds, or any
21		combination thereof, under the standards set forth in
22		subsection (a) of Section 11-501 of the Illinois Vehicle Code.
23		A licensee in violation of this subsection (d) shall be
24		guilty of a Class A misdemeanor for a first or second violation
25		and a Class 4 felony for a third violation. The Department may
26		suspend a license for up to 6 months for a second violation and

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

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1		shall provide the licensee a receipt and transmit the
2		concealed carry license to the Department of State Police. If
3		the licensee whose concealed carry license has been revoked,
4		suspended, or denied fails to comply with the requirements of
5		this subsection, the law enforcement agency where the person
6		resides may petition the circuit court to issue a warrant to
7		search for and seize the concealed carry license in the
8		possession and under the custody or control of the licensee
9		whose concealed carry license has been revoked, suspended, or
10		denied. The observation of a concealed carry license in the
11		possession of a person whose license has been revoked,
12		suspended, or denied constitutes a sufficient basis for the
13		arrest of that person for violation of this subsection. A
14		violation of this subsection is a Class A misdemeanor.
15		(h) Except as otherwise provided in subsection (h-5), a A
16		license issued or renewed under this Act shall be revoked if,
17		at any time, the licensee is found ineligible for a Firearm
18		Owner's Identification Card, or the licensee no longer
19		possesses a valid Firearm Owner's Identification Card. If the
20		Firearm Owner's Identification Card is expired or suspended
21		rather than denied or revoked, the license may be suspended
22		for a period of up to one year to allow the licensee to
23		reinstate his or her Firearm Owner's Identification Card. The
24		Illinois State Police shall adopt rules to enforce this
25		subsection. A licensee whose license is revoked under this
26		subsection (h) shall surrender his or her concealed carry

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1		license as provided for in subsection (g) of this Section.
2		This subsection shall not apply to a person who has filed
3		an application with the State Police for renewal of a Firearm
4		Owner's Identification Card and who is not otherwise
5		ineligible to obtain a Firearm Owner's Identification Card.
6		(h-5) If the Firearm Owner's Identification Card of a
7		licensee under this Act expires during the term of the license
8		issued under this Act, the license and the Firearm Owner's
9		Identification Card remain valid, and the Illinois State
10		Police may automatically renew the licensee's Firearm Owner's
11		Identification Card as provided in subsection (c) of Section 5
12		of the Firearm Owners Identification Card Act.
13		(i) A certified firearms instructor who knowingly provides
14		or offers to provide a false certification that an applicant
15		has completed firearms training as required under this Act is
16		guilty of a Class A misdemeanor. A person guilty of a violation
17		of this subsection (i) is not eligible for court supervision.
18		The Department shall permanently revoke the firearms
19		instructor certification of a person convicted under this
20		subsection (i).
21		(Source: P.A. 100-607, eff. 1-1-19.)
22		Section 26. The Firearms Restraining Order Act is amended
23		by changing Sections 35 and 40 as follows:
24		(430 ILCS 67/35)

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

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1		(c) Every person who files a petition for an emergency
2		firearms restraining order, knowing the information provided
3		to the court at any hearing or in the affidavit or verified
4		pleading to be false, is guilty of perjury under Section 32-2
5		of the Criminal Code of 2012.
6		(d) An emergency firearms restraining order shall be
7		issued on an ex parte basis, that is, without notice to the
8		respondent.
9		(e) An emergency hearing held on an ex parte basis shall be
10		held the same day that the petition is filed or the next day
11		that the court is in session.
12		(f) If a circuit or associate judge finds probable cause
13		to believe that the respondent poses an immediate and present
14		danger of causing personal injury to himself, herself, or
15		another by having in his or her custody or control,
16		purchasing, possessing, or receiving a firearm, the circuit or
17		associate judge shall issue an emergency order.
18		(f-5) If the court issues an emergency firearms
19		restraining order, it shall, upon a finding of probable cause
20		that the respondent possesses firearms, issue a search warrant
21		directing a law enforcement agency to seize the respondent's
22		firearms. The court may, as part of that warrant, direct the
23		law enforcement agency to search the respondent's residence
24		and other places where the court finds there is probable cause
25		to believe he or she is likely to possess the firearms.
26		(g) An emergency firearms restraining order shall require:

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1		(1) the respondent to refrain from having in his or
2		her custody or control, purchasing, possessing, or
3		receiving additional firearms for the duration of the
4		order under Section 8.2 of the Firearm Owners
5		Identification Card Act; and
6		(2) the respondent to comply with Section 9.5 of the
7		Firearm Owners Identification Card Act turn over to the
8		local law enforcement agency any Firearm Owner's
9		Identification Card and subsection (g) of Section 70 of
10		the Firearm Concealed Carry Act concealed carry license in
11		his or her possession. The local law enforcement agency
12		shall immediately mail the card and concealed carry
13		license to the Department of State Police Firearm Services
14		Bureau for safekeeping. The firearm or firearms and
15		Firearm Owner's Identification Card and concealed carry
16		license, if unexpired, shall be returned to the respondent
17		after the firearms restraining order is terminated or
18		expired.
19		(h) Except as otherwise provided in subsection (h-5) of
20		this Section, upon expiration of the period of safekeeping, if
21		the firearms or Firearm Owner's Identification Card and
22		concealed carry license cannot be returned to the respondent
23		because the respondent cannot be located, fails to respond to
24		requests to retrieve the firearms, or is not lawfully eligible
25		to possess a firearm, upon petition from the local law
26		enforcement agency, the court may order the local law

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1		enforcement agency to destroy the firearms, use the firearms
2		for training purposes, or use the firearms for any other
3		application as deemed appropriate by the local law enforcement
4		agency.
5		(h-5) On or before January 1, 2022, a A respondent whose
6		Firearm Owner's Identification Card has been revoked or
7		suspended may petition the court, if the petitioner is present
8		in court or has notice of the respondent's petition, to
9		transfer the respondent's firearm to a person who is lawfully
10		able to possess the firearm if the person does not reside at
11		the same address as the respondent. Notice of the petition
12		shall be served upon the person protected by the emergency
13		firearms restraining order. While the order is in effect, the
14		transferee who receives the respondent's firearms must swear
15		or affirm by affidavit that he or she shall not transfer the
16		firearm to the respondent or to anyone residing in the same
17		residence as the respondent.
18		(h-6) If a person other than the respondent claims title
19		to any firearms surrendered under this Section, he or she may
20		petition the court, if the petitioner is present in court or
21		has notice of the petition, to have the firearm returned to him
22		or her. If the court determines that person to be the lawful
23		owner of the firearm, the firearm shall be returned to him or
24		her, provided that:
25		(1) the firearm is removed from the respondent's
26		custody, control, or possession and the lawful owner

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1		agrees to store the firearm in a manner such that the
2		respondent does not have access to or control of the
3		firearm; and
4		(2) the firearm is not otherwise unlawfully possessed
5		by the owner.
6		The person petitioning for the return of his or her
7		firearm must swear or affirm by affidavit that he or she: (i)
8		is the lawful owner of the firearm; (ii) shall not transfer the
9		firearm to the respondent; and (iii) will store the firearm in
10		a manner that the respondent does not have access to or control
11		of the firearm.
12		(i) In accordance with subsection (e) of this Section, the
13		court shall schedule a full hearing as soon as possible, but no
14		longer than 14 days from the issuance of an ex parte firearms
15		restraining order, to determine if a 6-month firearms
16		restraining order shall be issued. The court may extend an ex
17		parte order as needed, but not to exceed 14 days, to effectuate
18		service of the order or if necessary to continue protection.
19		The court may extend the order for a greater length of time by
20		mutual agreement of the parties.
21		(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
22		(430 ILCS 67/40)
23		Sec. 40. Six-month orders.
24		(a) A petitioner may request a 6-month firearms
25		restraining order by filing an affidavit or verified pleading

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1		alleging that the respondent poses a significant danger of
2		causing personal injury to himself, herself, or another in the
3		near future by having in his or her custody or control,
4		purchasing, possessing, or receiving a firearm. The petition
5		shall also describe the number, types, and locations of any
6		firearms presently believed by the petitioner to be possessed
7		or controlled by the respondent.
8		(b) If the respondent is alleged to pose a significant
9		danger of causing personal injury to an intimate partner, or
10		an intimate partner is alleged to have been the target of a
11		threat or act of violence by the respondent, the petitioner
12		shall make a good faith effort to provide notice to any and all
13		intimate partners of the respondent. The notice must include
14		that the petitioner intends to petition the court for a
15		6-month firearms restraining order, and, if the petitioner is
16		a law enforcement officer, referral to relevant domestic
17		violence or stalking advocacy or counseling resources, if
18		appropriate. The petitioner shall attest to having provided
19		the notice in the filed affidavit or verified pleading. If,
20		after making a good faith effort, the petitioner is unable to
21		provide notice to any or all intimate partners, the affidavit
22		or verified pleading should describe what efforts were made.
23		(c) Every person who files a petition for a 6-month
24		firearms restraining order, knowing the information provided
25		to the court at any hearing or in the affidavit or verified
26		pleading to be false, is guilty of perjury under Section 32-2

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1		of the Criminal Code of 2012.
2		(d) Upon receipt of a petition for a 6-month firearms
3		restraining order, the court shall order a hearing within 30
4		days.
5		(e) In determining whether to issue a firearms restraining
6		order under this Section, the court shall consider evidence
7		including, but not limited to, the following:
8		(1) The unlawful and reckless use, display, or
9		brandishing of a firearm by the respondent.
10		(2) The history of use, attempted use, or threatened
11		use of physical force by the respondent against another
12		person.
13		(3) Any prior arrest of the respondent for a felony
14		offense.
15		(4) Evidence of the abuse of controlled substances or
16		alcohol by the respondent.
17		(5) A recent threat of violence or act of violence by
18		the respondent directed toward himself, herself, or
19		another.
20		(6) A violation of an emergency order of protection
21		issued under Section 217 of the Illinois Domestic Violence
22		Act of 1986 or Section 112A-17 of the Code of Criminal
23		Procedure of 1963 or of an order of protection issued
24		under Section 214 of the Illinois Domestic Violence Act of
25		1986 or Section 112A-14 of the Code of Criminal Procedure
26		of 1963.

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1		(7) A pattern of violent acts or violent threats,
2		including, but not limited to, threats of violence or acts
3		of violence by the respondent directed toward himself,
4		herself, or another.
5		(f) At the hearing, the petitioner shall have the burden
6		of proving, by clear and convincing evidence, that the
7		respondent poses a significant danger of personal injury to
8		himself, herself, or another by having in his or her custody or
9		control, purchasing, possessing, or receiving a firearm.
10		(g) If the court finds that there is clear and convincing
11		evidence to issue a firearms restraining order, the court
12		shall issue a firearms restraining order that shall be in
13		effect for 6 months subject to renewal under Section 45 of this
14		Act or termination under that Section.
15		(g-5) If the court issues a 6-month firearms restraining
16		order, it shall, upon a finding of probable cause that the
17		respondent possesses firearms, issue a search warrant
18		directing a law enforcement agency to seize the respondent's
19		firearms. The court may, as part of that warrant, direct the
20		law enforcement agency to search the respondent's residence
21		and other places where the court finds there is probable cause
22		to believe he or she is likely to possess the firearms.
23		(h) A 6-month firearms restraining order shall require:
24		(1) the respondent to refrain from having in his or
25		her custody or control, purchasing, possessing, or
26		receiving additional firearms for the duration of the

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1		order under Section 8.2 of the Firearm Owners
2		Identification Card Act; and
3		(2) the respondent to comply with Section 9.5 of the
4		Firearm Owners Identification Card Act and subsection (g)
5		of Section 70 of the Firearm Concealed Carry Act turn over
6		to the local law enforcement agency any firearm or Firearm
7		Owner's Identification Card and concealed carry license in
8		his or her possession. The local law enforcement agency
9		shall immediately mail the card and concealed carry
10		license to the Department of State Police Firearm Services
11		Bureau for safekeeping. The firearm or firearms and
12		Firearm Owner's Identification Card and concealed carry
13		license, if unexpired, shall be returned to the respondent
14		after the firearms restraining order is terminated or
15		expired.
16		(i) Except as otherwise provided in subsection (i-5) of
17		this Section, upon expiration of the period of safekeeping, if
18		the firearms or Firearm Owner's Identification Card cannot be
19		returned to the respondent because the respondent cannot be
20		located, fails to respond to requests to retrieve the
21		firearms, or is not lawfully eligible to possess a firearm,
22		upon petition from the local law enforcement agency, the court
23		may order the local law enforcement agency to destroy the
24		firearms, use the firearms for training purposes, or use the
25		firearms for any other application as deemed appropriate by
26		the local law enforcement agency.

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1		(i-5) A respondent whose Firearm Owner's Identification
2		Card has been revoked or suspended may petition the court, if
3		the petitioner is present in court or has notice of the
4		respondent's petition, to transfer the respondent's firearm to
5		a person who is lawfully able to possess the firearm if the
6		person does not reside at the same address as the respondent.
7		Notice of the petition shall be served upon the person
8		protected by the emergency firearms restraining order. While
9		the order is in effect, the transferee who receives the
10		respondent's firearms must swear or affirm by affidavit that
11		he or she shall not transfer the firearm to the respondent or
12		to anyone residing in the same residence as the respondent.
13		(i-6) If a person other than the respondent claims title
14		to any firearms surrendered under this Section, he or she may
15		petition the court, if the petitioner is present in court or
16		has notice of the petition, to have the firearm returned to him
17		or her. If the court determines that person to be the lawful
18		owner of the firearm, the firearm shall be returned to him or
19		her, provided that:
20		(1) the firearm is removed from the respondent's
21		custody, control, or possession and the lawful owner
22		agrees to store the firearm in a manner such that the
23		respondent does not have access to or control of the
24		firearm; and
25		(2) the firearm is not otherwise unlawfully possessed
26		by the owner.

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1		The person petitioning for the return of his or her
2		firearm must swear or affirm by affidavit that he or she: (i)
3		is the lawful owner of the firearm; (ii) shall not transfer the
4		firearm to the respondent; and (iii) will store the firearm in
5		a manner that the respondent does not have access to or control
6		of the firearm.
7		(j) If the court does not issue a firearms restraining
8		order at the hearing, the court shall dissolve any emergency
9		firearms restraining order then in effect.
10		(k) When the court issues a firearms restraining order
11		under this Section, the court shall inform the respondent that
12		he or she is entitled to one hearing during the period of the
13		order to request a termination of the order, under Section 45
14		of this Act, and shall provide the respondent with a form to
15		request a hearing.
16		(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
17		Section 27. The Wildlife Code is amended by changing
18		Sections 2.11, 2.26, 2.33, and 2.34 as follows:
19		(520 ILCS 5/2.11) (from Ch. 61, par. 2.11)
20		Sec. 2.11. Before any person may lawfully hunt wild
21		turkey, he shall first obtain a "Wild Turkey Hunting Permit"
22		in accordance with the prescribed regulations set forth in an
23		administrative rule of the Department. The fee for a Resident
24		Wild Turkey Hunting Permit shall not exceed $15.

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1		Upon submitting suitable evidence of legal residence in
2		any other state, non-residents shall be charged a fee not to
3		exceed $125 for wild turkey hunting permits.
4		The Department may by administrative rule allocate and
5		issue non-resident Wild Turkey Permits and establish fees for
6		such permits.
7		It shall be unlawful to take wild turkey except by use of a
8		bow and arrow or a shotgun of not larger than 10 nor smaller
9		than 20 gauge with shot size not larger than No. 4, and no
10		person while attempting to so take wild turkey may have in his
11		possession any other gun unless in accordance with the Firearm
12		Concealed Carry Act.
13		It shall be unlawful to take, or attempt to take wild
14		turkey except during the time from 1/2 hour before sunrise to
15		1/2 hour after sunset or during such lesser period of time as
16		may be specified by administrative rule, during those days for
17		which an open season is established.
18		It shall be unlawful for any person to take, or attempt to
19		take, wild turkey by use of dogs, horses, automobiles,
20		aircraft or other vehicles, or conveyances, or by the use or
21		aid of bait or baiting of any kind. For the purposes of this
22		Section, "bait" means any material, whether liquid or solid,
23		including food, salt, minerals, and other products, except
24		pure water, that can be ingested, placed, or scattered in such
25		a manner as to attract or lure wild turkeys. "Baiting" means
26		the placement or scattering of bait to attract wild turkeys.

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1		An area is considered as baited during the presence of and for
2		10 consecutive days following the removal of the bait.
3		It is unlawful for any person to take in Illinois or have
4		in his possession more than one wild turkey per valid permit.
5		For the purposes of calculating acreage under this
6		Section, the Department shall, after determining the total
7		acreage of the applicable tract or tracts of land, round
8		remaining fractional portions of an acre greater than or equal
9		to half of an acre up to the next whole acre.
10		For the purposes of taking wild turkey, nothing in this
11		Section shall be construed to prevent the manipulation,
12		including mowing or cutting, of standing crops as a normal
13		agricultural or soil stabilization practice, food plots, or
14		normal agricultural practices, including planting, harvesting,
15		and maintenance such as cultivating. Such manipulation for the
16		purpose of taking wild turkey may be further modified by
17		administrative rule.
18		(Source: P.A. 98-180, eff. 8-5-13; 99-869, eff. 1-1-17.)
19		(520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
20		Sec. 2.26. Deer hunting permits. Any person attempting to
21		take deer shall first obtain a "Deer Hunting Permit" issued by
22		the Department in accordance with its administrative rules.
23		Those rules must provide for the issuance of the following
24		types of resident deer archery permits: (i) a combination
25		permit, consisting of one either-sex permit and one

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1		antlerless-only permit, (ii) a single antlerless-only permit,
2		and (iii) a single either-sex permit. The fee for a Deer
3		Hunting Permit to take deer with either bow and arrow or gun
4		shall not exceed $25.00 for residents of the State. The
5		Department may by administrative rule provide for non-resident
6		deer hunting permits for which the fee will not exceed $300 in
7		2005, $350 in 2006, and $400 in 2007 and thereafter except as
8		provided below for non-resident landowners and non-resident
9		archery hunters. The Department may by administrative rule
10		provide for a non-resident archery deer permit consisting of
11		not more than 2 harvest tags at a total cost not to exceed $325
12		in 2005, $375 in 2006, and $425 in 2007 and thereafter. The
13		fees for a youth resident and non-resident archery deer permit
14		shall be the same.
15		The Department shall create a pilot program during the
16		special 3-day, youth-only deer hunting season to allow for
17		youth deer hunting permits that are valid statewide, excluding
18		those counties or portions of counties closed to firearm deer
19		hunting. The Department shall adopt rules to implement the
20		pilot program. Nothing in this paragraph shall be construed to
21		prohibit the Department from issuing Special Hunt Area Permits
22		for the youth-only deer hunting season or establishing,
23		through administrative rule, additional requirements
24		pertaining to the youth-only deer hunting season on
25		Department-owned or Department-managed sites, including
26		site-specific quotas or drawings. The provisions of this

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1		paragraph are inoperative on and after January 1, 2023.
2		The standards and specifications for use of guns and bow
3		and arrow for deer hunting shall be established by
4		administrative rule.
5		No person may have in his or her possession any firearm not
6		authorized by administrative rule for a specific hunting
7		season when taking deer unless in accordance with the Firearm
8		Concealed Carry Act.
9		Persons having a firearm deer hunting permit shall be
10		permitted to take deer only during the period from 1/2 hour
11		before sunrise to 1/2 hour after sunset, and only during those
12		days for which an open season is established for the taking of
13		deer by use of shotgun, handgun, or muzzle loading rifle.
14		Persons having an archery deer hunting permit shall be
15		permitted to take deer only during the period from 1/2 hour
16		before sunrise to 1/2 hour after sunset, and only during those
17		days for which an open season is established for the taking of
18		deer by use of bow and arrow.
19		It shall be unlawful for any person to take deer by use of
20		dogs, horses, automobiles, aircraft or other vehicles, or by
21		the use or aid of bait or baiting of any kind. For the purposes
22		of this Section, "bait" means any material, whether liquid or
23		solid, including food, salt, minerals, and other products,
24		except pure water, that can be ingested, placed, or scattered
25		in such a manner as to attract or lure white-tailed deer.
26		"Baiting" means the placement or scattering of bait to attract

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1		deer. An area is considered as baited during the presence of
2		and for 10 consecutive days following the removal of bait.
3		Nothing in this Section shall prohibit the use of a dog to
4		track wounded deer. Any person using a dog for tracking
5		wounded deer must maintain physical control of the dog at all
6		times by means of a maximum 50 foot lead attached to the dog's
7		collar or harness. Tracking wounded deer is permissible at
8		night, but at no time outside of legal deer hunting hours or
9		seasons shall any person handling or accompanying a dog being
10		used for tracking wounded deer be in possession of any firearm
11		or archery device. Persons tracking wounded deer with a dog
12		during the firearm deer seasons shall wear blaze orange or
13		solid blaze pink color as required. Dog handlers tracking
14		wounded deer with a dog are exempt from hunting license and
15		deer permit requirements so long as they are accompanied by
16		the licensed deer hunter who wounded the deer.
17		It shall be unlawful to possess or transport any wild deer
18		which has been injured or killed in any manner upon a public
19		highway or public right-of-way of this State unless exempted
20		by administrative rule.
21		Persons hunting deer must have gun unloaded and no bow and
22		arrow device shall be carried with the arrow in the nocked
23		position during hours when deer hunting is unlawful.
24		It shall be unlawful for any person, having taken the
25		legal limit of deer by gun, to further participate with gun in
26		any deer hunting party.

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1		It shall be unlawful for any person, having taken the
2		legal limit of deer by bow and arrow, to further participate
3		with bow and arrow in any deer hunting party.
4		The Department may prohibit upland game hunting during the
5		gun deer season by administrative rule.
6		The Department shall not limit the number of non-resident,
7		either-sex archery deer hunting permits to less than 20,000.
8		Any person who violates any of the provisions of this
9		Section, including administrative rules, shall be guilty of a
10		Class B misdemeanor.
11		For the purposes of calculating acreage under this
12		Section, the Department shall, after determining the total
13		acreage of the applicable tract or tracts of land, round
14		remaining fractional portions of an acre greater than or equal
15		to half of an acre up to the next whole acre.
16		For the purposes of taking white-tailed deer, nothing in
17		this Section shall be construed to prevent the manipulation,
18		including mowing or cutting, of standing crops as a normal
19		agricultural or soil stabilization practice, food plots, or
20		normal agricultural practices, including planting, harvesting,
21		and maintenance such as cultivating or the use of products
22		designed for scent only and not capable of ingestion, solid or
23		liquid, placed or scattered, in such a manner as to attract or
24		lure deer. Such manipulation for the purpose of taking
25		white-tailed deer may be further modified by administrative
26		rule.

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1		(Source: P.A. 100-691, eff. 1-1-19; 100-949, eff. 1-1-19;
2		101-81, eff. 7-12-19; 101-444, eff. 6-1-20.)
3		(520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
4		Sec. 2.33. Prohibitions.
5		(a) It is unlawful to carry or possess any gun in any State
6		refuge unless otherwise permitted by administrative rule.
7		(b) It is unlawful to use or possess any snare or
8		snare-like device, deadfall, net, or pit trap to take any
9		species, except that snares not powered by springs or other
10		mechanical devices may be used to trap fur-bearing mammals, in
11		water sets only, if at least one-half of the snare noose is
12		located underwater at all times.
13		(c) It is unlawful for any person at any time to take a
14		wild mammal protected by this Act from its den by means of any
15		mechanical device, spade, or digging device or to use smoke or
16		other gases to dislodge or remove such mammal except as
17		provided in Section 2.37.
18		(d) It is unlawful to use a ferret or any other small
19		mammal which is used in the same or similar manner for which
20		ferrets are used for the purpose of frightening or driving any
21		mammals from their dens or hiding places.
22		(e) (Blank).
23		(f) It is unlawful to use spears, gigs, hooks or any like
24		device to take any species protected by this Act.
25		(g) It is unlawful to use poisons, chemicals or explosives

HB0562 Enrolled - 143 - LRB102 02734 SPS 12886 b
1		for the purpose of taking any species protected by this Act.
2		(h) It is unlawful to hunt adjacent to or near any peat,
3		grass, brush or other inflammable substance when it is
4		burning.
5		(i) It is unlawful to take, pursue or intentionally harass
6		or disturb in any manner any wild birds or mammals by use or
7		aid of any vehicle or conveyance, except as permitted by the
8		Code of Federal Regulations for the taking of waterfowl. It is
9		also unlawful to use the lights of any vehicle or conveyance or
10		any light from or any light connected to the vehicle or
11		conveyance in any area where wildlife may be found except in
12		accordance with Section 2.37 of this Act; however, nothing in
13		this Section shall prohibit the normal use of headlamps for
14		the purpose of driving upon a roadway. Striped skunk, opossum,
15		red fox, gray fox, raccoon, bobcat, and coyote may be taken
16		during the open season by use of a small light which is worn on
17		the body or hand-held by a person on foot and not in any
18		vehicle.
19		(j) It is unlawful to use any shotgun larger than 10 gauge
20		while taking or attempting to take any of the species
21		protected by this Act.
22		(k) It is unlawful to use or possess in the field any
23		shotgun shell loaded with a shot size larger than lead BB or
24		steel T (.20 diameter) when taking or attempting to take any
25		species of wild game mammals (excluding white-tailed deer),
26		wild game birds, migratory waterfowl or migratory game birds

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1		protected by this Act, except white-tailed deer as provided
2		for in Section 2.26 and other species as provided for by
3		subsection (l) or administrative rule.
4		(l) It is unlawful to take any species of wild game, except
5		white-tailed deer and fur-bearing mammals, with a shotgun
6		loaded with slugs unless otherwise provided for by
7		administrative rule.
8		(m) It is unlawful to use any shotgun capable of holding
9		more than 3 shells in the magazine or chamber combined, except
10		on game breeding and hunting preserve areas licensed under
11		Section 3.27 and except as permitted by the Code of Federal
12		Regulations for the taking of waterfowl. If the shotgun is
13		capable of holding more than 3 shells, it shall, while being
14		used on an area other than a game breeding and shooting
15		preserve area licensed pursuant to Section 3.27, be fitted
16		with a one piece plug that is irremovable without dismantling
17		the shotgun or otherwise altered to render it incapable of
18		holding more than 3 shells in the magazine and chamber,
19		combined.
20		(n) It is unlawful for any person, except persons who
21		possess a permit to hunt from a vehicle as provided in this
22		Section and persons otherwise permitted by law, to have or
23		carry any gun in or on any vehicle, conveyance or aircraft,
24		unless such gun is unloaded and enclosed in a case, except that
25		at field trials authorized by Section 2.34 of this Act,
26		unloaded guns or guns loaded with blank cartridges only, may

HB0562 Enrolled - 145 - LRB102 02734 SPS 12886 b
1		be carried on horseback while not contained in a case, or to
2		have or carry any bow or arrow device in or on any vehicle
3		unless such bow or arrow device is unstrung or enclosed in a
4		case, or otherwise made inoperable unless in accordance with
5		the Firearm Concealed Carry Act.
6		(o) (Blank).
7		(p) It is unlawful to take game birds, migratory game
8		birds or migratory waterfowl with a rifle, pistol, revolver or
9		airgun.
10		(q) It is unlawful to fire a rifle, pistol, revolver or
11		airgun on, over or into any waters of this State, including
12		frozen waters.
13		(r) It is unlawful to discharge any gun or bow and arrow
14		device along, upon, across, or from any public right-of-way or
15		highway in this State.
16		(s) It is unlawful to use a silencer or other device to
17		muffle or mute the sound of the explosion or report resulting
18		from the firing of any gun.
19		(t) It is unlawful for any person to take or attempt to
20		take any species of wildlife or parts thereof, intentionally
21		or wantonly allow a dog to hunt, within or upon the land of
22		another, or upon waters flowing over or standing on the land of
23		another, or to knowingly shoot a gun or bow and arrow device at
24		any wildlife physically on or flying over the property of
25		another without first obtaining permission from the owner or
26		the owner's designee. For the purposes of this Section, the

HB0562 Enrolled - 146 - LRB102 02734 SPS 12886 b
1		owner's designee means anyone who the owner designates in a
2		written authorization and the authorization must contain (i)
3		the legal or common description of property for such authority
4		is given, (ii) the extent that the owner's designee is
5		authorized to make decisions regarding who is allowed to take
6		or attempt to take any species of wildlife or parts thereof,
7		and (iii) the owner's notarized signature. Before enforcing
8		this Section the law enforcement officer must have received
9		notice from the owner or the owner's designee of a violation of
10		this Section. Statements made to the law enforcement officer
11		regarding this notice shall not be rendered inadmissible by
12		the hearsay rule when offered for the purpose of showing the
13		required notice.
14		(u) It is unlawful for any person to discharge any firearm
15		for the purpose of taking any of the species protected by this
16		Act, or hunt with gun or dog, or intentionally or wantonly
17		allow a dog to hunt, within 300 yards of an inhabited dwelling
18		without first obtaining permission from the owner or tenant,
19		except that while trapping, hunting with bow and arrow,
20		hunting with dog and shotgun using shot shells only, or
21		hunting with shotgun using shot shells only, or providing
22		outfitting services under a waterfowl outfitter permit, or on
23		licensed game breeding and hunting preserve areas, as defined
24		in Section 3.27, on federally owned and managed lands and on
25		Department owned, managed, leased, or controlled lands, a 100
26		yard restriction shall apply.

HB0562 Enrolled - 147 - LRB102 02734 SPS 12886 b
1		(v) It is unlawful for any person to remove fur-bearing
2		mammals from, or to move or disturb in any manner, the traps
3		owned by another person without written authorization of the
4		owner to do so.
5		(w) It is unlawful for any owner of a dog to knowingly or
6		wantonly allow his or her dog to pursue, harass or kill deer,
7		except that nothing in this Section shall prohibit the
8		tracking of wounded deer with a dog in accordance with the
9		provisions of Section 2.26 of this Code.
10		(x) It is unlawful for any person to wantonly or
11		carelessly injure or destroy, in any manner whatsoever, any
12		real or personal property on the land of another while engaged
13		in hunting or trapping thereon.
14		(y) It is unlawful to hunt wild game protected by this Act
15		between one half hour after sunset and one half hour before
16		sunrise, except that hunting hours between one half hour after
17		sunset and one half hour before sunrise may be established by
18		administrative rule for fur-bearing mammals.
19		(z) It is unlawful to take any game bird (excluding wild
20		turkeys and crippled pheasants not capable of normal flight
21		and otherwise irretrievable) protected by this Act when not
22		flying. Nothing in this Section shall prohibit a person from
23		carrying an uncased, unloaded shotgun in a boat, while in
24		pursuit of a crippled migratory waterfowl that is incapable of
25		normal flight, for the purpose of attempting to reduce the
26		migratory waterfowl to possession, provided that the attempt

HB0562 Enrolled - 148 - LRB102 02734 SPS 12886 b
1		is made immediately upon downing the migratory waterfowl and
2		is done within 400 yards of the blind from which the migratory
3		waterfowl was downed. This exception shall apply only to
4		migratory game birds that are not capable of normal flight.
5		Migratory waterfowl that are crippled may be taken only with a
6		shotgun as regulated by subsection (j) of this Section using
7		shotgun shells as regulated in subsection (k) of this Section.
8		(aa) It is unlawful to use or possess any device that may
9		be used for tree climbing or cutting, while hunting
10		fur-bearing mammals, excluding coyotes.
11		(bb) It is unlawful for any person, except licensed game
12		breeders, pursuant to Section 2.29 to import, carry into, or
13		possess alive in this State any species of wildlife taken
14		outside of this State, without obtaining permission to do so
15		from the Director.
16		(cc) It is unlawful for any person to have in his or her
17		possession any freshly killed species protected by this Act
18		during the season closed for taking.
19		(dd) It is unlawful to take any species protected by this
20		Act and retain it alive except as provided by administrative
21		rule.
22		(ee) It is unlawful to possess any rifle while in the field
23		during gun deer season except as provided in Section 2.26 and
24		administrative rules.
25		(ff) It is unlawful for any person to take any species
26		protected by this Act, except migratory waterfowl, during the

HB0562 Enrolled - 149 - LRB102 02734 SPS 12886 b
1		gun deer hunting season in those counties open to gun deer
2		hunting, unless he or she wears, when in the field, a cap and
3		upper outer garment of a solid blaze orange color or solid
4		blaze pink color, with such articles of clothing displaying a
5		minimum of 400 square inches of blaze orange or solid blaze
6		pink color material.
7		(gg) It is unlawful during the upland game season for any
8		person to take upland game with a firearm unless he or she
9		wears, while in the field, a cap of solid blaze orange color or
10		solid blaze pink color. For purposes of this Act, upland game
11		is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked
12		Pheasant, Eastern Cottontail and Swamp Rabbit.
13		(hh) It shall be unlawful to kill or cripple any species
14		protected by this Act for which there is a bag limit without
15		making a reasonable effort to retrieve such species and
16		include such in the bag limit. It shall be unlawful for any
17		person having control over harvested game mammals, game birds,
18		or migratory game birds for which there is a bag limit to
19		wantonly waste or destroy the usable meat of the game, except
20		this shall not apply to wildlife taken under Sections 2.37 or
21		3.22 of this Code. For purposes of this subsection, "usable
22		meat" means the breast meat of a game bird or migratory game
23		bird and the hind ham and front shoulders of a game mammal. It
24		shall be unlawful for any person to place, leave, dump, or
25		abandon a wildlife carcass or parts of it along or upon a
26		public right-of-way or highway or on public or private

HB0562 Enrolled - 150 - LRB102 02734 SPS 12886 b
1		property, including a waterway or stream, without the
2		permission of the owner or tenant. It shall not be unlawful to
3		discard game meat that is determined to be unfit for human
4		consumption.
5		(ii) This Section shall apply only to those species
6		protected by this Act taken within the State. Any species or
7		any parts thereof, legally taken in and transported from other
8		states or countries, may be possessed within the State, except
9		as provided in this Section and Sections 2.35, 2.36 and 3.21.
10		(jj) (Blank).
11		(kk) Nothing contained in this Section shall prohibit the
12		Director from issuing permits to paraplegics or to other
13		persons with disabilities who meet the requirements set forth
14		in administrative rule to shoot or hunt from a vehicle as
15		provided by that rule, provided that such is otherwise in
16		accord with this Act.
17		(ll) Nothing contained in this Act shall prohibit the
18		taking of aquatic life protected by the Fish and Aquatic Life
19		Code or birds and mammals protected by this Act, except deer
20		and fur-bearing mammals, from a boat not camouflaged or
21		disguised to alter its identity or to further provide a place
22		of concealment and not propelled by sail or mechanical power.
23		However, only shotguns not larger than 10 gauge nor smaller
24		than .410 bore loaded with not more than 3 shells of a shot
25		size no larger than lead BB or steel T (.20 diameter) may be
26		used to take species protected by this Act.

HB0562 Enrolled - 151 - LRB102 02734 SPS 12886 b
1		(mm) Nothing contained in this Act shall prohibit the use
2		of a shotgun, not larger than 10 gauge nor smaller than a 20
3		gauge, with a rifled barrel.
4		(nn) It shall be unlawful to possess any species of
5		wildlife or wildlife parts taken unlawfully in Illinois, any
6		other state, or any other country, whether or not the wildlife
7		or wildlife parts is indigenous to Illinois. For the purposes
8		of this subsection, the statute of limitations for unlawful
9		possession of wildlife or wildlife parts shall not cease until
10		2 years after the possession has permanently ended.
11		(Source: P.A. 99-33, eff. 1-1-16; 99-143, eff. 7-27-15;
12		99-642, eff. 7-28-16; 100-489, eff. 9-8-17; 100-949, eff.
13		1-1-19.)
14		(520 ILCS 5/2.34) (from Ch. 61, par. 2.34)
15		Sec. 2.34. Dog Trials.
16		(a) Dogs of any breed may be trained the year round in
17		accordance with the provisions of this Act.
18		(b) During the periods of time when it is unlawful to take
19		species protected by this Act, the only firearms which shall
20		be used in the training of dogs from sunrise to sunset shall be
21		pistols with blank cartridges. No other gun or ammunition may
22		be in immediate possession during this time. No person or
23		persons in, along with, or accompanying the dog training
24		party, shall be in possession of any firearm or live
25		ammunition, except pistols capable of firing only blank

HB0562 Enrolled - 152 - LRB102 02734 SPS 12886 b
1		cartridges during the hours from sunset to sunrise. All
2		organized field trials or training grounds approved by the
3		Department shall be exempt from this provision unless in
4		accordance with the Firearm Concealed Carry Act.
5		(c) No field trial shall be held without a permit from the
6		Department.
7		The following Department areas shall be designated as
8		horseback field trial sites; Lee County Conservation Area, Des
9		Plaines Conservation Area, Moraine View State Park, Middle
10		Fork Fish and Wildlife Area, Hamilton County Conservation
11		Area, and Wayne Fitzgerrell State Park. The Department shall
12		provide and maintain quality wildlife habitat on these sites.
13		Field trials shall be scheduled only from September 1
14		through April 30 in the Northern Zone and September 1 through
15		April 15 in the Southern Zone. The Department maintains the
16		authority to schedule and administer field trials. The
17		boundary between the Northern Zone and the Southern Zone shall
18		be U.S. Route 36. However, (i) if the opening date of the field
19		trial season falls on Sunday, the season will begin on
20		Saturday of that weekend; and (ii) if the closing date of the
21		field trial season falls on Saturday, the season will conclude
22		on Sunday of that weekend; and (iii) if during the final days
23		of the field trial season a field trial organization begins a
24		field trial which is subsequently interrupted due to inclement
25		weather, the field trial organization may complete the trial,
26		subject to the Department's approval, even though the field

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1		trial season has ended. The field trial organization must
2		complete the trial on the first possible day or days. Field
3		trials for the retrieving breeds are exempt from these field
4		trials season provisions and shall have no closed season.
5		The fee for field trials shall be established by the
6		Department by rule.
7		(d) The Department is authorized to designate dog training
8		areas and to grant permits for all field trials including
9		those field trials where game birds reared under Section 3.23
10		are released and taken in accordance with the rules and
11		regulations set forth by the Department. Applications for
12		permits for such trials and training areas shall be
13		accompanied by detailed information as to the date and the
14		location of the grounds where such trial area or training
15		grounds is located. Applicants for field trial or dog training
16		permits must have the consent of the landowner prior to
17		applying for such permit. Fees and other regulations will be
18		set by administrative rule.
19		(e) All permits for designated dog training areas shall
20		expire March 31st of each year.
21		(f) Permit holders for designated dog training areas must
22		possess a wild game breeder's permit or a game breeding and
23		hunting preserve area permit and may utilize live bird recall
24		devices on such areas.
25		(g) Nothing shall prevent an individual from using a dog
26		in the taking of squirrel during the open season.

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1		(h) All hand reared game released and shot at field trials
2		shall be properly identified with tags as provided for by this
3		Act and such birds shall be banded before they are removed from
4		the field trial area.
5		(Source: P.A. 86-920; 87-1051.)
6		Section 30. The Criminal Code of 2012 is amended by
7		changing Sections 24-3 and 24-8 as follows:
8		(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
9		Sec. 24-3. Unlawful sale or delivery of firearms.
10		(A) A person commits the offense of unlawful sale or
11		delivery of firearms when he or she knowingly does any of the
12		following:
13		(a) Sells or gives any firearm of a size which may be
14		concealed upon the person to any person under 18 years of
15		age.
16		(b) Sells or gives any firearm to a person under 21
17		years of age who has been convicted of a misdemeanor other
18		than a traffic offense or adjudged delinquent.
19		(c) Sells or gives any firearm to any narcotic addict.
20		(d) Sells or gives any firearm to any person who has
21		been convicted of a felony under the laws of this or any
22		other jurisdiction.
23		(e) Sells or gives any firearm to any person who has
24		been a patient in a mental institution within the past 5

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1		years. In this subsection (e):
2		"Mental institution" means any hospital,
3		institution, clinic, evaluation facility, mental
4		health center, or part thereof, which is used
5		primarily for the care or treatment of persons with
6		mental illness.
7		"Patient in a mental institution" means the person
8		was admitted, either voluntarily or involuntarily, to
9		a mental institution for mental health treatment,
10		unless the treatment was voluntary and solely for an
11		alcohol abuse disorder and no other secondary
12		substance abuse disorder or mental illness.
13		(f) Sells or gives any firearms to any person who is a
14		person with an intellectual disability.
15		(g) Delivers any firearm, incidental to a sale,
16		without withholding delivery of the firearm for at least
17		72 hours after application for its purchase has been made,
18		or delivers a stun gun or taser, incidental to a sale,
19		without withholding delivery of the stun gun or taser for
20		at least 24 hours after application for its purchase has
21		been made. However, this paragraph (g) does not apply to:
22		(1) the sale of a firearm to a law enforcement officer if
23		the seller of the firearm knows that the person to whom he
24		or she is selling the firearm is a law enforcement officer
25		or the sale of a firearm to a person who desires to
26		purchase a firearm for use in promoting the public

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1		interest incident to his or her employment as a bank
2		guard, armed truck guard, or other similar employment; (2)
3		a mail order sale of a firearm from a federally licensed
4		firearms dealer to a nonresident of Illinois under which
5		the firearm is mailed to a federally licensed firearms
6		dealer outside the boundaries of Illinois; (3) (blank);
7		(4) the sale of a firearm to a dealer licensed as a federal
8		firearms dealer under Section 923 of the federal Gun
9		Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
10		sale of any rifle, shotgun, or other long gun to a resident
11		registered competitor or attendee or non-resident
12		registered competitor or attendee by any dealer licensed
13		as a federal firearms dealer under Section 923 of the
14		federal Gun Control Act of 1968 at competitive shooting
15		events held at the World Shooting Complex sanctioned by a
16		national governing body. For purposes of transfers or
17		sales under subparagraph (5) of this paragraph (g), the
18		Department of Natural Resources shall give notice to the
19		Department of State Police at least 30 calendar days prior
20		to any competitive shooting events at the World Shooting
21		Complex sanctioned by a national governing body. The
22		notification shall be made on a form prescribed by the
23		Department of State Police. The sanctioning body shall
24		provide a list of all registered competitors and attendees
25		at least 24 hours before the events to the Department of
26		State Police. Any changes to the list of registered

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1		competitors and attendees shall be forwarded to the
2		Department of State Police as soon as practicable. The
3		Department of State Police must destroy the list of
4		registered competitors and attendees no later than 30 days
5		after the date of the event. Nothing in this paragraph (g)
6		relieves a federally licensed firearm dealer from the
7		requirements of conducting a NICS background check through
8		the Illinois Point of Contact under 18 U.S.C. 922(t). For
9		purposes of this paragraph (g), "application" means when
10		the buyer and seller reach an agreement to purchase a
11		firearm. For purposes of this paragraph (g), "national
12		governing body" means a group of persons who adopt rules
13		and formulate policy on behalf of a national firearm
14		sporting organization.
15		(h) While holding any license as a dealer, importer,
16		manufacturer or pawnbroker under the federal Gun Control
17		Act of 1968, manufactures, sells or delivers to any
18		unlicensed person a handgun having a barrel, slide, frame
19		or receiver which is a die casting of zinc alloy or any
20		other nonhomogeneous metal which will melt or deform at a
21		temperature of less than 800 degrees Fahrenheit. For
22		purposes of this paragraph, (1) "firearm" is defined as in
23		the Firearm Owners Identification Card Act; and (2)
24		"handgun" is defined as a firearm designed to be held and
25		fired by the use of a single hand, and includes a
26		combination of parts from which such a firearm can be

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1		assembled.
2		(i) Sells or gives a firearm of any size to any person
3		under 18 years of age who does not possess a valid Firearm
4		Owner's Identification Card.
5		(j) Sells or gives a firearm while engaged in the
6		business of selling firearms at wholesale or retail
7		without being licensed as a federal firearms dealer under
8		Section 923 of the federal Gun Control Act of 1968 (18
9		U.S.C. 923). In this paragraph (j):
10		A person "engaged in the business" means a person who
11		devotes time, attention, and labor to engaging in the
12		activity as a regular course of trade or business with the
13		principal objective of livelihood and profit, but does not
14		include a person who makes occasional repairs of firearms
15		or who occasionally fits special barrels, stocks, or
16		trigger mechanisms to firearms.
17		"With the principal objective of livelihood and
18		profit" means that the intent underlying the sale or
19		disposition of firearms is predominantly one of obtaining
20		livelihood and pecuniary gain, as opposed to other
21		intents, such as improving or liquidating a personal
22		firearms collection; however, proof of profit shall not be
23		required as to a person who engages in the regular and
24		repetitive purchase and disposition of firearms for
25		criminal purposes or terrorism.
26		(k) Sells or transfers ownership of a firearm to a

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1		person who does not display to the seller or transferor of
2		the firearm either: (1) a currently valid Firearm Owner's
3		Identification Card that has previously been issued in the
4		transferee's name by the Department of State Police under
5		the provisions of the Firearm Owners Identification Card
6		Act; or (2) a currently valid license to carry a concealed
7		firearm that has previously been issued in the
8		transferee's name by the Department of State Police under
9		the Firearm Concealed Carry Act. This paragraph (k) does
10		not apply to the transfer of a firearm to a person who is
11		exempt from the requirement of possessing a Firearm
12		Owner's Identification Card under Section 2 of the Firearm
13		Owners Identification Card Act. For the purposes of this
14		Section, a currently valid Firearm Owner's Identification
15		Card or license to carry a concealed firearm means receipt
16		of (i) a Firearm Owner's Identification Card that has not
17		expired or (ii) an approval number issued in accordance
18		with subsection (a-10) of subsection 3 or Section 3.1 of
19		the Firearm Owners Identification Card Act shall be proof
20		that the Firearm Owner's Identification Card was valid.
21		(1) In addition to the other requirements of this
22		paragraph (k), all persons who are not federally
23		licensed firearms dealers must also have complied with
24		subsection (a-10) of Section 3 of the Firearm Owners
25		Identification Card Act by determining the validity of
26		a purchaser's Firearm Owner's Identification Card.

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1		(2) All sellers or transferors who have complied
2		with the requirements of subparagraph (1) of this
3		paragraph (k) shall not be liable for damages in any
4		civil action arising from the use or misuse by the
5		transferee of the firearm transferred, except for
6		willful or wanton misconduct on the part of the seller
7		or transferor.
8		(l) Not being entitled to the possession of a firearm,
9		delivers the firearm, knowing it to have been stolen or
10		converted. It may be inferred that a person who possesses
11		a firearm with knowledge that its serial number has been
12		removed or altered has knowledge that the firearm is
13		stolen or converted.
14		(B) Paragraph (h) of subsection (A) does not include
15		firearms sold within 6 months after enactment of Public Act
16		78-355 (approved August 21, 1973, effective October 1, 1973),
17		nor is any firearm legally owned or possessed by any citizen or
18		purchased by any citizen within 6 months after the enactment
19		of Public Act 78-355 subject to confiscation or seizure under
20		the provisions of that Public Act. Nothing in Public Act
21		78-355 shall be construed to prohibit the gift or trade of any
22		firearm if that firearm was legally held or acquired within 6
23		months after the enactment of that Public Act.
24		(C) Sentence.
25		(1) Any person convicted of unlawful sale or delivery
26		of firearms in violation of paragraph (c), (e), (f), (g),

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1		or (h) of subsection (A) commits a Class 4 felony.
2		(2) Any person convicted of unlawful sale or delivery
3		of firearms in violation of paragraph (b) or (i) of
4		subsection (A) commits a Class 3 felony.
5		(3) Any person convicted of unlawful sale or delivery
6		of firearms in violation of paragraph (a) of subsection
7		(A) commits a Class 2 felony.
8		(4) Any person convicted of unlawful sale or delivery
9		of firearms in violation of paragraph (a), (b), or (i) of
10		subsection (A) in any school, on the real property
11		comprising a school, within 1,000 feet of the real
12		property comprising a school, at a school related
13		activity, or on or within 1,000 feet of any conveyance
14		owned, leased, or contracted by a school or school
15		district to transport students to or from school or a
16		school related activity, regardless of the time of day or
17		time of year at which the offense was committed, commits a
18		Class 1 felony. Any person convicted of a second or
19		subsequent violation of unlawful sale or delivery of
20		firearms in violation of paragraph (a), (b), or (i) of
21		subsection (A) in any school, on the real property
22		comprising a school, within 1,000 feet of the real
23		property comprising a school, at a school related
24		activity, or on or within 1,000 feet of any conveyance
25		owned, leased, or contracted by a school or school
26		district to transport students to or from school or a

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1		school related activity, regardless of the time of day or
2		time of year at which the offense was committed, commits a
3		Class 1 felony for which the sentence shall be a term of
4		imprisonment of no less than 5 years and no more than 15
5		years.
6		(5) Any person convicted of unlawful sale or delivery
7		of firearms in violation of paragraph (a) or (i) of
8		subsection (A) in residential property owned, operated, or
9		managed by a public housing agency or leased by a public
10		housing agency as part of a scattered site or mixed-income
11		development, in a public park, in a courthouse, on
12		residential property owned, operated, or managed by a
13		public housing agency or leased by a public housing agency
14		as part of a scattered site or mixed-income development,
15		on the real property comprising any public park, on the
16		real property comprising any courthouse, or on any public
17		way within 1,000 feet of the real property comprising any
18		public park, courthouse, or residential property owned,
19		operated, or managed by a public housing agency or leased
20		by a public housing agency as part of a scattered site or
21		mixed-income development commits a Class 2 felony.
22		(6) Any person convicted of unlawful sale or delivery
23		of firearms in violation of paragraph (j) of subsection
24		(A) commits a Class A misdemeanor. A second or subsequent
25		violation is a Class 4 felony.
26		(7) Any person convicted of unlawful sale or delivery

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1		of firearms in violation of paragraph (k) of subsection
2		(A) commits a Class 4 felony, except that a violation of
3		subparagraph (1) of paragraph (k) of subsection (A) shall
4		not be punishable as a crime or petty offense. A third or
5		subsequent conviction for a violation of paragraph (k) of
6		subsection (A) is a Class 1 felony.
7		(8) A person 18 years of age or older convicted of
8		unlawful sale or delivery of firearms in violation of
9		paragraph (a) or (i) of subsection (A), when the firearm
10		that was sold or given to another person under 18 years of
11		age was used in the commission of or attempt to commit a
12		forcible felony, shall be fined or imprisoned, or both,
13		not to exceed the maximum provided for the most serious
14		forcible felony so committed or attempted by the person
15		under 18 years of age who was sold or given the firearm.
16		(9) Any person convicted of unlawful sale or delivery
17		of firearms in violation of paragraph (d) of subsection
18		(A) commits a Class 3 felony.
19		(10) Any person convicted of unlawful sale or delivery
20		of firearms in violation of paragraph (l) of subsection
21		(A) commits a Class 2 felony if the delivery is of one
22		firearm. Any person convicted of unlawful sale or delivery
23		of firearms in violation of paragraph (l) of subsection
24		(A) commits a Class 1 felony if the delivery is of not less
25		than 2 and not more than 5 firearms at the same time or
26		within a one year period. Any person convicted of unlawful

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1		sale or delivery of firearms in violation of paragraph (l)
2		of subsection (A) commits a Class X felony for which he or
3		she shall be sentenced to a term of imprisonment of not
4		less than 6 years and not more than 30 years if the
5		delivery is of not less than 6 and not more than 10
6		firearms at the same time or within a 2 year period. Any
7		person convicted of unlawful sale or delivery of firearms
8		in violation of paragraph (l) of subsection (A) commits a
9		Class X felony for which he or she shall be sentenced to a
10		term of imprisonment of not less than 6 years and not more
11		than 40 years if the delivery is of not less than 11 and
12		not more than 20 firearms at the same time or within a 3
13		year period. Any person convicted of unlawful sale or
14		delivery of firearms in violation of paragraph (l) of
15		subsection (A) commits a Class X felony for which he or she
16		shall be sentenced to a term of imprisonment of not less
17		than 6 years and not more than 50 years if the delivery is
18		of not less than 21 and not more than 30 firearms at the
19		same time or within a 4 year period. Any person convicted
20		of unlawful sale or delivery of firearms in violation of
21		paragraph (l) of subsection (A) commits a Class X felony
22		for which he or she shall be sentenced to a term of
23		imprisonment of not less than 6 years and not more than 60
24		years if the delivery is of 31 or more firearms at the same
25		time or within a 5 year period.
26		(D) For purposes of this Section:

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1		"School" means a public or private elementary or secondary
2		school, community college, college, or university.
3		"School related activity" means any sporting, social,
4		academic, or other activity for which students' attendance or
5		participation is sponsored, organized, or funded in whole or
6		in part by a school or school district.
7		(E) A prosecution for a violation of paragraph (k) of
8		subsection (A) of this Section may be commenced within 6 years
9		after the commission of the offense. A prosecution for a
10		violation of this Section other than paragraph (g) of
11		subsection (A) of this Section may be commenced within 5 years
12		after the commission of the offense defined in the particular
13		paragraph.
14		(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;
15		99-642, eff. 7-28-16; 100-606, eff. 1-1-19.)
16		(720 ILCS 5/24-8)
17		Sec. 24-8. Firearm evidence tracing.
18		(a) Upon recovering a firearm from the possession of
19		anyone who is not permitted by federal or State law to possess
20		a firearm, a local law enforcement agency shall use the best
21		available information, including a firearms trace when
22		necessary, to determine how and from whom the person gained
23		possession of the firearm. Upon recovering a firearm that was
24		used in the commission of any offense classified as a felony or
25		upon recovering a firearm that appears to have been lost,

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1		mislaid, stolen, or otherwise unclaimed, a local law
2		enforcement agency shall use the best available information,
3		including a firearms trace when necessary, to determine prior
4		ownership of the firearm.
5		(b) Law Local law enforcement shall, when appropriate, use
6		the National Tracing Center of the Federal Bureau of Alcohol,
7		Tobacco and Firearms and the National Crime Information Center
8		of the Federal Bureau of Investigation in complying with
9		subsection (a) of this Section.
10		(c) Law Local law enforcement agencies shall use the
11		Illinois Department of State Police Law Enforcement Agencies
12		Data System (LEADS) Gun File to enter all stolen, seized, or
13		recovered firearms as prescribed by LEADS regulations and
14		policies.
15		(d) Whenever a law enforcement agency recovers a fired
16		cartridge case at a crime scene or has reason to believe that
17		the recovered fired cartridge case is related to or associated
18		with the commission of a crime, the law enforcement agency
19		shall submit the evidence to the National Integrated
20		Ballistics Information Network (NIBIN) or an Illinois State
21		Police laboratory for NIBIN processing. Whenever a law
22		enforcement agency seizes or recovers a semiautomatic firearm
23		that is deemed suitable to be entered into the NIBIN that was:
24		(i) unlawfully possessed, (ii) used for any unlawful purpose,
25		(iii) recovered from the scene of a crime, (iv) is reasonably
26		believed to have been used or associated with the commission

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1		of a crime, or (v) is acquired by the law enforcement agency as
2		an abandoned or discarded firearm, the law enforcement agency
3		shall submit the evidence to the NIBIN or an Illinois State
4		Police laboratory for NIBIN processing. When practicable, all
5		NIBIN-suitable evidence and NIBIN-suitable test fires from
6		recovered firearms shall be entered into the NIBIN within 2
7		business days of submission to Illinois State Police
8		laboratories that have NIBIN access or another NIBIN site.
9		Exceptions to this may occur if the evidence in question
10		requires analysis by other forensic disciplines. The Illinois
11		State Police laboratory, submitting agency, and relevant court
12		representatives shall determine whether the request for
13		additional analysis outweighs the 2 business-day requirement.
14		Illinois State Police laboratories that do not have NIBIN
15		access shall submit NIBIN-suitable evidence and test fires to
16		an Illinois State Police laboratory with NIBIN access. Upon
17		receipt at the laboratory with NIBIN access, when practicable,
18		the evidence and test fires shall be entered into the NIBIN
19		within 2 business days. Exceptions to this 2 business-day
20		requirement may occur if the evidence in question requires
21		analysis by other forensic disciplines. The Illinois State
22		Police laboratory, submitting agency, and relevant court
23		representatives shall determine whether the request for
24		additional analysis outweighs the 2 business-day requirement.
25		Nothing in this Section shall be interpreted to conflict with
26		standards and policies for NIBIN sites as promulgated by the

HB0562 Enrolled - 168 - LRB102 02734 SPS 12886 b
1		federal Bureau of Alcohol, Tobacco, Firearms and Explosives or
2		successor agencies.
3		(Source: P.A. 91-364, eff. 1-1-00; 92-300, eff. 1-1-02.)
4		Section 35. The Code of Criminal Procedure of 1963 is
5		amended by changing Section 112A-14 as follows:
6		(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
7		Sec. 112A-14. Domestic violence order of protection;
8		remedies.
9		(a) (Blank).
10		(b) The court may order any of the remedies listed in this
11		subsection (b). The remedies listed in this subsection (b)
12		shall be in addition to other civil or criminal remedies
13		available to petitioner.
14		(1) Prohibition of abuse. Prohibit respondent's
15		harassment, interference with personal liberty,
16		intimidation of a dependent, physical abuse, or willful
17		deprivation, as defined in this Article, if such abuse has
18		occurred or otherwise appears likely to occur if not
19		prohibited.
20		(2) Grant of exclusive possession of residence.
21		Prohibit respondent from entering or remaining in any
22		residence, household, or premises of the petitioner,
23		including one owned or leased by respondent, if petitioner
24		has a right to occupancy thereof. The grant of exclusive

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1		possession of the residence, household, or premises shall
2		not affect title to real property, nor shall the court be
3		limited by the standard set forth in subsection (c-2) of
4		Section 501 of the Illinois Marriage and Dissolution of
5		Marriage Act.
6		(A) Right to occupancy. A party has a right to
7		occupancy of a residence or household if it is solely
8		or jointly owned or leased by that party, that party's
9		spouse, a person with a legal duty to support that
10		party or a minor child in that party's care, or by any
11		person or entity other than the opposing party that
12		authorizes that party's occupancy (e.g., a domestic
13		violence shelter). Standards set forth in subparagraph
14		(B) shall not preclude equitable relief.
15		(B) Presumption of hardships. If petitioner and
16		respondent each has the right to occupancy of a
17		residence or household, the court shall balance (i)
18		the hardships to respondent and any minor child or
19		dependent adult in respondent's care resulting from
20		entry of this remedy with (ii) the hardships to
21		petitioner and any minor child or dependent adult in
22		petitioner's care resulting from continued exposure to
23		the risk of abuse (should petitioner remain at the
24		residence or household) or from loss of possession of
25		the residence or household (should petitioner leave to
26		avoid the risk of abuse). When determining the balance

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1		of hardships, the court shall also take into account
2		the accessibility of the residence or household.
3		Hardships need not be balanced if respondent does not
4		have a right to occupancy.
5		The balance of hardships is presumed to favor
6		possession by petitioner unless the presumption is
7		rebutted by a preponderance of the evidence, showing
8		that the hardships to respondent substantially
9		outweigh the hardships to petitioner and any minor
10		child or dependent adult in petitioner's care. The
11		court, on the request of petitioner or on its own
12		motion, may order respondent to provide suitable,
13		accessible, alternate housing for petitioner instead
14		of excluding respondent from a mutual residence or
15		household.
16		(3) Stay away order and additional prohibitions. Order
17		respondent to stay away from petitioner or any other
18		person protected by the domestic violence order of
19		protection, or prohibit respondent from entering or
20		remaining present at petitioner's school, place of
21		employment, or other specified places at times when
22		petitioner is present, or both, if reasonable, given the
23		balance of hardships. Hardships need not be balanced for
24		the court to enter a stay away order or prohibit entry if
25		respondent has no right to enter the premises.
26		(A) If a domestic violence order of protection

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1		grants petitioner exclusive possession of the
2		residence, prohibits respondent from entering the
3		residence, or orders respondent to stay away from
4		petitioner or other protected persons, then the court
5		may allow respondent access to the residence to remove
6		items of clothing and personal adornment used
7		exclusively by respondent, medications, and other
8		items as the court directs. The right to access shall
9		be exercised on only one occasion as the court directs
10		and in the presence of an agreed-upon adult third
11		party or law enforcement officer.
12		(B) When the petitioner and the respondent attend
13		the same public, private, or non-public elementary,
14		middle, or high school, the court when issuing a
15		domestic violence order of protection and providing
16		relief shall consider the severity of the act, any
17		continuing physical danger or emotional distress to
18		the petitioner, the educational rights guaranteed to
19		the petitioner and respondent under federal and State
20		law, the availability of a transfer of the respondent
21		to another school, a change of placement or a change of
22		program of the respondent, the expense, difficulty,
23		and educational disruption that would be caused by a
24		transfer of the respondent to another school, and any
25		other relevant facts of the case. The court may order
26		that the respondent not attend the public, private, or

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1		non-public elementary, middle, or high school attended
2		by the petitioner, order that the respondent accept a
3		change of placement or change of program, as
4		determined by the school district or private or
5		non-public school, or place restrictions on the
6		respondent's movements within the school attended by
7		the petitioner. The respondent bears the burden of
8		proving by a preponderance of the evidence that a
9		transfer, change of placement, or change of program of
10		the respondent is not available. The respondent also
11		bears the burden of production with respect to the
12		expense, difficulty, and educational disruption that
13		would be caused by a transfer of the respondent to
14		another school. A transfer, change of placement, or
15		change of program is not unavailable to the respondent
16		solely on the ground that the respondent does not
17		agree with the school district's or private or
18		non-public school's transfer, change of placement, or
19		change of program or solely on the ground that the
20		respondent fails or refuses to consent or otherwise
21		does not take an action required to effectuate a
22		transfer, change of placement, or change of program.
23		When a court orders a respondent to stay away from the
24		public, private, or non-public school attended by the
25		petitioner and the respondent requests a transfer to
26		another attendance center within the respondent's

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1		school district or private or non-public school, the
2		school district or private or non-public school shall
3		have sole discretion to determine the attendance
4		center to which the respondent is transferred. If the
5		court order results in a transfer of the minor
6		respondent to another attendance center, a change in
7		the respondent's placement, or a change of the
8		respondent's program, the parents, guardian, or legal
9		custodian of the respondent is responsible for
10		transportation and other costs associated with the
11		transfer or change.
12		(C) The court may order the parents, guardian, or
13		legal custodian of a minor respondent to take certain
14		actions or to refrain from taking certain actions to
15		ensure that the respondent complies with the order. If
16		the court orders a transfer of the respondent to
17		another school, the parents, guardian, or legal
18		custodian of the respondent is responsible for
19		transportation and other costs associated with the
20		change of school by the respondent.
21		(4) Counseling. Require or recommend the respondent to
22		undergo counseling for a specified duration with a social
23		worker, psychologist, clinical psychologist,
24		psychiatrist, family service agency, alcohol or substance
25		abuse program, mental health center guidance counselor,
26		agency providing services to elders, program designed for

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1		domestic violence abusers, or any other guidance service
2		the court deems appropriate. The court may order the
3		respondent in any intimate partner relationship to report
4		to an Illinois Department of Human Services protocol
5		approved partner abuse intervention program for an
6		assessment and to follow all recommended treatment.
7		(5) Physical care and possession of the minor child.
8		In order to protect the minor child from abuse, neglect,
9		or unwarranted separation from the person who has been the
10		minor child's primary caretaker, or to otherwise protect
11		the well-being of the minor child, the court may do either
12		or both of the following: (i) grant petitioner physical
13		care or possession of the minor child, or both, or (ii)
14		order respondent to return a minor child to, or not remove
15		a minor child from, the physical care of a parent or person
16		in loco parentis.
17		If the respondent is charged with abuse (as defined in
18		Section 112A-3 of this Code) of a minor child, there shall
19		be a rebuttable presumption that awarding physical care to
20		respondent would not be in the minor child's best
21		interest.
22		(6) Temporary allocation of parental responsibilities
23		and significant decision-making responsibilities. Award
24		temporary significant decision-making responsibility to
25		petitioner in accordance with this Section, the Illinois
26		Marriage and Dissolution of Marriage Act, the Illinois

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1		Parentage Act of 2015, and this State's Uniform
2		Child-Custody Jurisdiction and Enforcement Act.
3		If the respondent is charged with abuse (as defined in
4		Section 112A-3 of this Code) of a minor child, there shall
5		be a rebuttable presumption that awarding temporary
6		significant decision-making responsibility to respondent
7		would not be in the child's best interest.
8		(7) Parenting time. Determine the parenting time, if
9		any, of respondent in any case in which the court awards
10		physical care or temporary significant decision-making
11		responsibility of a minor child to petitioner. The court
12		shall restrict or deny respondent's parenting time with a
13		minor child if the court finds that respondent has done or
14		is likely to do any of the following:
15		(i) abuse or endanger the minor child during
16		parenting time;
17		(ii) use the parenting time as an opportunity to
18		abuse or harass petitioner or petitioner's family or
19		household members;
20		(iii) improperly conceal or detain the minor
21		child; or
22		(iv) otherwise act in a manner that is not in the
23		best interests of the minor child.
24		The court shall not be limited by the standards set
25		forth in Section 603.10 of the Illinois Marriage and
26		Dissolution of Marriage Act. If the court grants parenting

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1		time, the order shall specify dates and times for the
2		parenting time to take place or other specific parameters
3		or conditions that are appropriate. No order for parenting
4		time shall refer merely to the term "reasonable parenting
5		time". Petitioner may deny respondent access to the minor
6		child if, when respondent arrives for parenting time,
7		respondent is under the influence of drugs or alcohol and
8		constitutes a threat to the safety and well-being of
9		petitioner or petitioner's minor children or is behaving
10		in a violent or abusive manner. If necessary to protect
11		any member of petitioner's family or household from future
12		abuse, respondent shall be prohibited from coming to
13		petitioner's residence to meet the minor child for
14		parenting time, and the petitioner and respondent shall
15		submit to the court their recommendations for reasonable
16		alternative arrangements for parenting time. A person may
17		be approved to supervise parenting time only after filing
18		an affidavit accepting that responsibility and
19		acknowledging accountability to the court.
20		(8) Removal or concealment of minor child. Prohibit
21		respondent from removing a minor child from the State or
22		concealing the child within the State.
23		(9) Order to appear. Order the respondent to appear in
24		court, alone or with a minor child, to prevent abuse,
25		neglect, removal or concealment of the child, to return
26		the child to the custody or care of the petitioner, or to

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1		permit any court-ordered interview or examination of the
2		child or the respondent.
3		(10) Possession of personal property. Grant petitioner
4		exclusive possession of personal property and, if
5		respondent has possession or control, direct respondent to
6		promptly make it available to petitioner, if:
7		(i) petitioner, but not respondent, owns the
8		property; or
9		(ii) the petitioner and respondent own the
10		property jointly; sharing it would risk abuse of
11		petitioner by respondent or is impracticable; and the
12		balance of hardships favors temporary possession by
13		petitioner.
14		If petitioner's sole claim to ownership of the
15		property is that it is marital property, the court may
16		award petitioner temporary possession thereof under the
17		standards of subparagraph (ii) of this paragraph only if a
18		proper proceeding has been filed under the Illinois
19		Marriage and Dissolution of Marriage Act, as now or
20		hereafter amended.
21		No order under this provision shall affect title to
22		property.
23		(11) Protection of property. Forbid the respondent
24		from taking, transferring, encumbering, concealing,
25		damaging, or otherwise disposing of any real or personal
26		property, except as explicitly authorized by the court,

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1		if:
2		(i) petitioner, but not respondent, owns the
3		property; or
4		(ii) the petitioner and respondent own the
5		property jointly, and the balance of hardships favors
6		granting this remedy.
7		If petitioner's sole claim to ownership of the
8		property is that it is marital property, the court may
9		grant petitioner relief under subparagraph (ii) of this
10		paragraph only if a proper proceeding has been filed under
11		the Illinois Marriage and Dissolution of Marriage Act, as
12		now or hereafter amended.
13		The court may further prohibit respondent from
14		improperly using the financial or other resources of an
15		aged member of the family or household for the profit or
16		advantage of respondent or of any other person.
17		(11.5) Protection of animals. Grant the petitioner the
18		exclusive care, custody, or control of any animal owned,
19		possessed, leased, kept, or held by either the petitioner
20		or the respondent or a minor child residing in the
21		residence or household of either the petitioner or the
22		respondent and order the respondent to stay away from the
23		animal and forbid the respondent from taking,
24		transferring, encumbering, concealing, harming, or
25		otherwise disposing of the animal.
26		(12) Order for payment of support. Order respondent to

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1		pay temporary support for the petitioner or any child in
2		the petitioner's care or over whom the petitioner has been
3		allocated parental responsibility, when the respondent has
4		a legal obligation to support that person, in accordance
5		with the Illinois Marriage and Dissolution of Marriage
6		Act, which shall govern, among other matters, the amount
7		of support, payment through the clerk and withholding of
8		income to secure payment. An order for child support may
9		be granted to a petitioner with lawful physical care of a
10		child, or an order or agreement for physical care of a
11		child, prior to entry of an order allocating significant
12		decision-making responsibility. Such a support order shall
13		expire upon entry of a valid order allocating parental
14		responsibility differently and vacating petitioner's
15		significant decision-making responsibility unless
16		otherwise provided in the order.
17		(13) Order for payment of losses. Order respondent to
18		pay petitioner for losses suffered as a direct result of
19		the abuse. Such losses shall include, but not be limited
20		to, medical expenses, lost earnings or other support,
21		repair or replacement of property damaged or taken,
22		reasonable attorney's fees, court costs, and moving or
23		other travel expenses, including additional reasonable
24		expenses for temporary shelter and restaurant meals.
25		(i) Losses affecting family needs. If a party is
26		entitled to seek maintenance, child support, or

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1		property distribution from the other party under the
2		Illinois Marriage and Dissolution of Marriage Act, as
3		now or hereafter amended, the court may order
4		respondent to reimburse petitioner's actual losses, to
5		the extent that such reimbursement would be
6		"appropriate temporary relief", as authorized by
7		subsection (a)(3) of Section 501 of that Act.
8		(ii) Recovery of expenses. In the case of an
9		improper concealment or removal of a minor child, the
10		court may order respondent to pay the reasonable
11		expenses incurred or to be incurred in the search for
12		and recovery of the minor child, including, but not
13		limited to, legal fees, court costs, private
14		investigator fees, and travel costs.
15		(14) Prohibition of entry. Prohibit the respondent
16		from entering or remaining in the residence or household
17		while the respondent is under the influence of alcohol or
18		drugs and constitutes a threat to the safety and
19		well-being of the petitioner or the petitioner's children.
20		(14.5) Prohibition of firearm possession.
21		(A) A person who is subject to an existing
22		domestic violence order of protection issued under
23		this Code may not lawfully possess weapons or a
24		Firearm Owner's Identification Card under Section 8.2
25		of the Firearm Owners Identification Card Act.
26		(B) Any firearms in the possession of the

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1		respondent, except as provided in subparagraph (C) of
2		this paragraph (14.5), shall be ordered by the court
3		to be turned over to a person with a valid Firearm
4		Owner's Identification Card for safekeeping. The court
5		shall issue an order that the respondent comply with
6		Section 9.5 of the Firearm Owners Identification Card
7		Act. the respondent's Firearm Owner's Identification
8		Card be turned over to the local law enforcement
9		agency, which in turn shall immediately mail the card
10		to the Department of State Police Firearm Owner's
11		Identification Card Office for safekeeping. The period
12		of safekeeping shall be for the duration of the
13		domestic violence order of protection. The firearm or
14		firearms and Firearm Owner's Identification Card, if
15		unexpired, shall at the respondent's request be
16		returned to the respondent at expiration of the
17		domestic violence order of protection.
18		(C) If the respondent is a peace officer as
19		defined in Section 2-13 of the Criminal Code of 2012,
20		the court shall order that any firearms used by the
21		respondent in the performance of his or her duties as a
22		peace officer be surrendered to the chief law
23		enforcement executive of the agency in which the
24		respondent is employed, who shall retain the firearms
25		for safekeeping for the duration of the domestic
26		violence order of protection.

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1		(D) Upon expiration of the period of safekeeping,
2		if the firearms or Firearm Owner's Identification Card
3		cannot be returned to respondent because respondent
4		cannot be located, fails to respond to requests to
5		retrieve the firearms, or is not lawfully eligible to
6		possess a firearm, upon petition from the local law
7		enforcement agency, the court may order the local law
8		enforcement agency to destroy the firearms, use the
9		firearms for training purposes, or for any other
10		application as deemed appropriate by the local law
11		enforcement agency; or that the firearms be turned
12		over to a third party who is lawfully eligible to
13		possess firearms, and who does not reside with
14		respondent.
15		(15) Prohibition of access to records. If a domestic
16		violence order of protection prohibits respondent from
17		having contact with the minor child, or if petitioner's
18		address is omitted under subsection (b) of Section 112A-5
19		of this Code, or if necessary to prevent abuse or wrongful
20		removal or concealment of a minor child, the order shall
21		deny respondent access to, and prohibit respondent from
22		inspecting, obtaining, or attempting to inspect or obtain,
23		school or any other records of the minor child who is in
24		the care of petitioner.
25		(16) Order for payment of shelter services. Order
26		respondent to reimburse a shelter providing temporary

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1		housing and counseling services to the petitioner for the
2		cost of the services, as certified by the shelter and
3		deemed reasonable by the court.
4		(17) Order for injunctive relief. Enter injunctive
5		relief necessary or appropriate to prevent further abuse
6		of a family or household member or to effectuate one of the
7		granted remedies, if supported by the balance of
8		hardships. If the harm to be prevented by the injunction
9		is abuse or any other harm that one of the remedies listed
10		in paragraphs (1) through (16) of this subsection is
11		designed to prevent, no further evidence is necessary to
12		establish that the harm is an irreparable injury.
13		(18) Telephone services.
14		(A) Unless a condition described in subparagraph
15		(B) of this paragraph exists, the court may, upon
16		request by the petitioner, order a wireless telephone
17		service provider to transfer to the petitioner the
18		right to continue to use a telephone number or numbers
19		indicated by the petitioner and the financial
20		responsibility associated with the number or numbers,
21		as set forth in subparagraph (C) of this paragraph. In
22		this paragraph (18), the term "wireless telephone
23		service provider" means a provider of commercial
24		mobile service as defined in 47 U.S.C. 332. The
25		petitioner may request the transfer of each telephone
26		number that the petitioner, or a minor child in his or

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1		her custody, uses. The clerk of the court shall serve
2		the order on the wireless telephone service provider's
3		agent for service of process provided to the Illinois
4		Commerce Commission. The order shall contain all of
5		the following:
6		(i) The name and billing telephone number of
7		the account holder including the name of the
8		wireless telephone service provider that serves
9		the account.
10		(ii) Each telephone number that will be
11		transferred.
12		(iii) A statement that the provider transfers
13		to the petitioner all financial responsibility for
14		and right to the use of any telephone number
15		transferred under this paragraph.
16		(B) A wireless telephone service provider shall
17		terminate the respondent's use of, and shall transfer
18		to the petitioner use of, the telephone number or
19		numbers indicated in subparagraph (A) of this
20		paragraph unless it notifies the petitioner, within 72
21		hours after it receives the order, that one of the
22		following applies:
23		(i) The account holder named in the order has
24		terminated the account.
25		(ii) A difference in network technology would
26		prevent or impair the functionality of a device on

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1		a network if the transfer occurs.
2		(iii) The transfer would cause a geographic or
3		other limitation on network or service provision
4		to the petitioner.
5		(iv) Another technological or operational
6		issue would prevent or impair the use of the
7		telephone number if the transfer occurs.
8		(C) The petitioner assumes all financial
9		responsibility for and right to the use of any
10		telephone number transferred under this paragraph. In
11		this paragraph, "financial responsibility" includes
12		monthly service costs and costs associated with any
13		mobile device associated with the number.
14		(D) A wireless telephone service provider may
15		apply to the petitioner its routine and customary
16		requirements for establishing an account or
17		transferring a number, including requiring the
18		petitioner to provide proof of identification,
19		financial information, and customer preferences.
20		(E) Except for willful or wanton misconduct, a
21		wireless telephone service provider is immune from
22		civil liability for its actions taken in compliance
23		with a court order issued under this paragraph.
24		(F) All wireless service providers that provide
25		services to residential customers shall provide to the
26		Illinois Commerce Commission the name and address of

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1		an agent for service of orders entered under this
2		paragraph (18). Any change in status of the registered
3		agent must be reported to the Illinois Commerce
4		Commission within 30 days of such change.
5		(G) The Illinois Commerce Commission shall
6		maintain the list of registered agents for service for
7		each wireless telephone service provider on the
8		Commission's website. The Commission may consult with
9		wireless telephone service providers and the Circuit
10		Court Clerks on the manner in which this information
11		is provided and displayed.
12		(c) Relevant factors; findings.
13		(1) In determining whether to grant a specific remedy,
14		other than payment of support, the court shall consider
15		relevant factors, including, but not limited to, the
16		following:
17		(i) the nature, frequency, severity, pattern, and
18		consequences of the respondent's past abuse of the
19		petitioner or any family or household member,
20		including the concealment of his or her location in
21		order to evade service of process or notice, and the
22		likelihood of danger of future abuse to petitioner or
23		any member of petitioner's or respondent's family or
24		household; and
25		(ii) the danger that any minor child will be
26		abused or neglected or improperly relocated from the

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1		jurisdiction, improperly concealed within the State,
2		or improperly separated from the child's primary
3		caretaker.
4		(2) In comparing relative hardships resulting to the
5		parties from loss of possession of the family home, the
6		court shall consider relevant factors, including, but not
7		limited to, the following:
8		(i) availability, accessibility, cost, safety,
9		adequacy, location, and other characteristics of
10		alternate housing for each party and any minor child
11		or dependent adult in the party's care;
12		(ii) the effect on the party's employment; and
13		(iii) the effect on the relationship of the party,
14		and any minor child or dependent adult in the party's
15		care, to family, school, church, and community.
16		(3) Subject to the exceptions set forth in paragraph
17		(4) of this subsection (c), the court shall make its
18		findings in an official record or in writing, and shall at
19		a minimum set forth the following:
20		(i) That the court has considered the applicable
21		relevant factors described in paragraphs (1) and (2)
22		of this subsection (c).
23		(ii) Whether the conduct or actions of respondent,
24		unless prohibited, will likely cause irreparable harm
25		or continued abuse.
26		(iii) Whether it is necessary to grant the

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1		requested relief in order to protect petitioner or
2		other alleged abused persons.
3		(4) (Blank).
4		(5) Never married parties. No rights or
5		responsibilities for a minor child born outside of
6		marriage attach to a putative father until a father and
7		child relationship has been established under the Illinois
8		Parentage Act of 1984, the Illinois Parentage Act of 2015,
9		the Illinois Public Aid Code, Section 12 of the Vital
10		Records Act, the Juvenile Court Act of 1987, the Probate
11		Act of 1975, the Uniform Interstate Family Support Act,
12		the Expedited Child Support Act of 1990, any judicial,
13		administrative, or other act of another state or
14		territory, any other statute of this State, or by any
15		foreign nation establishing the father and child
16		relationship, any other proceeding substantially in
17		conformity with the federal Personal Responsibility and
18		Work Opportunity Reconciliation Act of 1996, or when both
19		parties appeared in open court or at an administrative
20		hearing acknowledging under oath or admitting by
21		affirmation the existence of a father and child
22		relationship. Absent such an adjudication, no putative
23		father shall be granted temporary allocation of parental
24		responsibilities, including parenting time with the minor
25		child, or physical care and possession of the minor child,
26		nor shall an order of payment for support of the minor

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1		child be entered.
2		(d) Balance of hardships; findings. If the court finds
3		that the balance of hardships does not support the granting of
4		a remedy governed by paragraph (2), (3), (10), (11), or (16) of
5		subsection (b) of this Section, which may require such
6		balancing, the court's findings shall so indicate and shall
7		include a finding as to whether granting the remedy will
8		result in hardship to respondent that would substantially
9		outweigh the hardship to petitioner from denial of the remedy.
10		The findings shall be an official record or in writing.
11		(e) Denial of remedies. Denial of any remedy shall not be
12		based, in whole or in part, on evidence that:
13		(1) respondent has cause for any use of force, unless
14		that cause satisfies the standards for justifiable use of
15		force provided by Article 7 of the Criminal Code of 2012;
16		(2) respondent was voluntarily intoxicated;
17		(3) petitioner acted in self-defense or defense of
18		another, provided that, if petitioner utilized force, such
19		force was justifiable under Article 7 of the Criminal Code
20		of 2012;
21		(4) petitioner did not act in self-defense or defense
22		of another;
23		(5) petitioner left the residence or household to
24		avoid further abuse by respondent;
25		(6) petitioner did not leave the residence or
26		household to avoid further abuse by respondent; or

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1		(7) conduct by any family or household member excused
2		the abuse by respondent, unless that same conduct would
3		have excused such abuse if the parties had not been family
4		or household members.
5		(Source: P.A. 100-199, eff. 1-1-18; 100-388, eff. 1-1-18;
6		100-597, eff. 6-29-18; 100-863, eff. 8-14-18; 100-923, eff.
7		1-1-19; 101-81, eff. 7-12-19.)
8		Section 40. The Unified Code of Corrections is amended by
9		changing Section 5-4-3a as follows:
10		(730 ILCS 5/5-4-3a)
11		Sec. 5-4-3a. DNA testing backlog accountability.
12		(a) On or before August 1 of each year, the Department of
13		State Police shall report to the Governor and both houses of
14		the General Assembly the following information:
15		(1) the extent of the backlog of cases awaiting
16		testing or awaiting DNA analysis by that Department,
17		including but not limited to those tests conducted under
18		Section 5-4-3, as of June 30 of the previous fiscal year,
19		with the backlog being defined as all cases awaiting
20		forensic testing whether in the physical custody of the
21		State Police or in the physical custody of local law
22		enforcement, provided that the State Police have written
23		notice of any evidence in the physical custody of local
24		law enforcement prior to June 1 of that year; and

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1		(2) what measures have been and are being taken to
2		reduce that backlog and the estimated costs or
3		expenditures in doing so.
4		(b) The information reported under this Section shall be
5		made available to the public, at the time it is reported, on
6		the official web site of the Department of State Police.
7		(c) Beginning January 1, 2016, the Department of State
8		Police shall quarterly report on the status of the processing
9		of forensic biology and DNA evidence submitted to the
10		Department of State Police Laboratory for analysis. The report
11		shall be submitted to the Governor and the General Assembly,
12		and shall be posted on the Department of State Police website.
13		The report shall include the following for each State Police
14		Laboratory location and any laboratory to which the Department
15		of State Police has outsourced evidence for testing:
16		(1) For forensic biology submissions, report both
17		total case and sexual assault or abuse case (as defined by
18		the Sexual Assault Evidence Submission Act) figures for:
19		(A) The number of cases received in the preceding
20		quarter.
21		(B) The number of cases completed in the preceding
22		quarter.
23		(C) The number of cases waiting analysis.
24		(D) The number of cases sent for outsourcing.
25		(E) The number of cases waiting analysis that were
26		received within the past 30 days.

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1		(F) The number of cases waiting analysis that were
2		received 31 to 90 days prior.
3		(G) The number of cases waiting analysis that were
4		received 91 to 180 days prior.
5		(H) The number of cases waiting analysis that were
6		received 181 to 365 days prior.
7		(I) The number of cases waiting analysis that were
8		received more than 365 days prior.
9		(J) The number of cases forwarded for DNA
10		analyses.
11		(2) For DNA submissions, report both total case and
12		sexual assault or abuse case (as defined by the Sexual
13		Assault Evidence Submission Act) figures for:
14		(A) The number of cases received in the preceding
15		quarter.
16		(B) The number of cases completed in the preceding
17		quarter.
18		(C) The number of cases waiting analysis.
19		(D) The number of cases sent for outsourcing.
20		(E) The number of cases waiting analysis that were
21		received within the past 30 days.
22		(F) The number of cases waiting analysis that were
23		received 31 to 90 days prior.
24		(G) The number of cases waiting analysis that were
25		received 91 to 180 days prior.
26		(H) The number of cases waiting analysis that were

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1		received 181 to 365 days prior.
2		(I) The number of cases waiting analysis that were
3		received more than 365 days prior.
4		(3) For all other categories of testing (e.g., drug
5		chemistry, firearms/toolmark, footwear/tire track, latent
6		prints, toxicology, and trace chemistry analysis):
7		(A) The number of cases received in the preceding
8		quarter.
9		(B) The number of cases completed in the preceding
10		quarter.
11		(C) The number of cases waiting analysis.
12		(D) The number of cases entered in the National
13		Integrated Ballistic Information Network (NIBIN).
14		(E) The number of investigative leads developed
15		from National Integrated Ballistic Information Network
16		(NIBIN) analysis.
17		(4) For the Combined DNA Index System (CODIS), report
18		both total case and sexual assault or abuse case (as
19		defined by the Sexual Assault Evidence Submission Act)
20		figures for subparagraphs (D), (E), and (F) of this
21		paragraph (4):
22		(A) The number of new offender samples received in
23		the preceding quarter.
24		(B) The number of offender samples uploaded to
25		CODIS in the preceding quarter.
26		(C) The number of offender samples awaiting

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1		analysis.
2		(D) The number of unknown DNA case profiles
3		uploaded to CODIS in the preceding quarter.
4		(E) The number of CODIS hits in the preceding
5		quarter.
6		(F) The number of forensic evidence submissions
7		submitted to confirm a previously reported CODIS hit.
8		(5) For each category of testing, report the number of
9		trained forensic scientists and the number of forensic
10		scientists in training.
11		As used in this subsection (c), "completed" means
12		completion of both the analysis of the evidence and the
13		provision of the results to the submitting law enforcement
14		agency.
15		(d) The provisions of this subsection (d), other than this
16		sentence, are inoperative on and after January 1, 2019 or 2
17		years after the effective date of this amendatory Act of the
18		99th General Assembly, whichever is later. In consultation
19		with and subject to the approval of the Chief Procurement
20		Officer, the Department of State Police may obtain contracts
21		for services, commodities, and equipment to assist in the
22		timely completion of forensic biology, DNA, drug chemistry,
23		firearms/toolmark, footwear/tire track, latent prints,
24		toxicology, microscopy, trace chemistry, and Combined DNA
25		Index System (CODIS) analysis. Contracts to support the
26		delivery of timely forensic science services are not subject

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1		to the provisions of the Illinois Procurement Code, except for
2		Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of
3		that Code, provided that the Chief Procurement Officer may, in
4		writing with justification, waive any certification required
5		under Article 50 of the Illinois Procurement Code. For any
6		contracts for services which are currently provided by members
7		of a collective bargaining agreement, the applicable terms of
8		the collective bargaining agreement concerning subcontracting
9		shall be followed.
10		(Source: P.A. 99-352, eff. 1-1-16; 99-801, eff. 1-1-17.)
11		Section 90. Illinois State Police; adoption of rules. The
12		Illinois State Police shall adopt rules to implement this Act.
13		Section 95. No acceleration or delay. Where this Act makes
14		changes in a statute that is represented in this Act by text
15		that is not yet or no longer in effect (for example, a Section
16		represented by multiple versions), the use of that text does
17		not accelerate or delay the taking effect of (i) the changes
18		made by this Act or (ii) provisions derived from any other
19		Public Act.