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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3274 Introduced , by Rep. Dennis Tipsword, Jr. SYNOPSIS AS INTRODUCED:
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| 430 ILCS 65/5 | from Ch. 38, par. 83-5 | 430 ILCS 66/10 | | 430 ILCS 66/30 | | 430 ILCS 66/40 | | 430 ILCS 66/50 | | 430 ILCS 66/55 | |
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Amends the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act. Eliminates fees under the Acts for applying for and renewing a Firearm Owners Identification Card or a concealed carry license.
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Firearm Owners Identification Card Act is |
| 5 | | amended by changing Section 5 as follows:
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| 6 | | (430 ILCS 65/5) (from Ch. 38, par. 83-5)
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| 7 | | Sec. 5. Application and renewal. |
| 8 | | (a) The Illinois State Police shall either approve or
deny |
| 9 | | all applications within 30 days from the date they are |
| 10 | | received,
except as provided in subsections (b) and (c), and |
| 11 | | every applicant found qualified under Section 8 of this Act by
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| 12 | | the Illinois State Police shall be entitled to a Firearm |
| 13 | | Owner's Identification
Card without charge upon the payment of |
| 14 | | a $10 fee and applicable processing fees. The processing fees |
| 15 | | shall be limited to charges by the State Treasurer for using |
| 16 | | the electronic online payment system. Any applicant who is an |
| 17 | | active duty member of the Armed Forces of the United States, a |
| 18 | | member of the Illinois National Guard, or a member of the |
| 19 | | Reserve Forces of the United States is exempt from the |
| 20 | | application fee. $5 of each fee derived from the issuance of a |
| 21 | | Firearm Owner's Identification Card or renewals thereof shall |
| 22 | | be deposited in the State Police Firearm Services Fund and $5 |
| 23 | | into the State Police Revocation Enforcement Fund. |
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| 1 | | (b) Renewal applications shall be approved or denied |
| 2 | | within 60 business days, provided the applicant submitted his |
| 3 | | or her renewal application prior to the expiration of his or |
| 4 | | her Firearm Owner's Identification Card. If a renewal |
| 5 | | application has been submitted prior to the expiration date of |
| 6 | | the applicant's Firearm Owner's Identification Card, the |
| 7 | | Firearm Owner's Identification Card shall remain valid while |
| 8 | | the Illinois State Police processes the application, unless |
| 9 | | the person is subject to or becomes subject to revocation |
| 10 | | under this Act. The cost for a renewal application shall be $10 |
| 11 | | and may include applicable processing fees, which shall be |
| 12 | | limited to charges by the State Treasurer for using the |
| 13 | | electronic online payment system, which shall be deposited |
| 14 | | into the State Police Firearm Services Fund. |
| 15 | | (c) If the Firearm Owner's Identification Card of a |
| 16 | | licensee under the Firearm Concealed Carry Act expires during |
| 17 | | the term of the licensee's concealed carry license, the |
| 18 | | Firearm Owner's Identification Card and the license remain |
| 19 | | valid and the licensee does not have to renew his or her |
| 20 | | Firearm Owner's Identification Card during the duration of the |
| 21 | | concealed carry license. Unless the Illinois State Police has |
| 22 | | reason to believe the licensee is no longer eligible for the |
| 23 | | card, the Illinois State Police may automatically renew the |
| 24 | | licensee's Firearm Owner's Identification Card and send a |
| 25 | | renewed Firearm Owner's Identification Card to the licensee. |
| 26 | | (d) The Illinois State Police may adopt rules concerning |
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| 1 | | the use of voluntarily submitted fingerprints, as allowed by |
| 2 | | State and federal law.
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| 3 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
| 4 | | 102-813, eff. 5-13-22.)
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| 5 | | Section 10. The Firearm Concealed Carry Act is amended by |
| 6 | | changing Sections 10, 30, 40, 50, and 55 as follows:
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| 7 | | (430 ILCS 66/10)
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| 8 | | Sec. 10. Issuance of licenses to carry a concealed |
| 9 | | firearm. |
| 10 | | (a) The Illinois State Police shall issue a license to |
| 11 | | carry a concealed firearm under this Act without charge to an |
| 12 | | applicant who: |
| 13 | | (1) meets the qualifications of Section 25 of this |
| 14 | | Act; |
| 15 | | (2) has provided the application and documentation |
| 16 | | required in Section 30 of this Act; |
| 17 | | (3) (blank) has submitted the requisite fees; and |
| 18 | | (4) does not pose a danger to himself, herself, or |
| 19 | | others, or a threat to public safety as determined by the |
| 20 | | Concealed Carry Licensing Review Board in accordance with |
| 21 | | Section 20. |
| 22 | | (b) The Illinois State Police shall issue a renewal, |
| 23 | | corrected, or duplicate license as provided in this Act. |
| 24 | | (c) A license shall be valid throughout the State for a |
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| 1 | | period of 5 years from the date of issuance. A license shall |
| 2 | | permit the licensee to: |
| 3 | | (1) carry a loaded or unloaded concealed firearm, |
| 4 | | fully concealed or partially concealed, on or about his or |
| 5 | | her person; and
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| 6 | | (2) keep or carry a loaded or unloaded concealed |
| 7 | | firearm on or about his or her person within a vehicle. |
| 8 | | (d) The Illinois State Police shall make applications for |
| 9 | | a license available no later than 180 days after July 9, 2013 |
| 10 | | (the effective date of this Act). The Illinois State Police |
| 11 | | shall establish rules for the availability and submission of |
| 12 | | applications in accordance with this Act. |
| 13 | | (e) An application for a license submitted to the Illinois |
| 14 | | State Police that contains all the information and materials |
| 15 | | required by this Act, including the requisite fee, shall be |
| 16 | | deemed completed. Except as otherwise provided in this Act, no |
| 17 | | later than 90 days after receipt of a completed application, |
| 18 | | the Illinois State Police shall issue or deny the applicant a |
| 19 | | license. The Illinois State Police shall notify the applicant |
| 20 | | for a concealed carry license electronically to confirm if all |
| 21 | | the required information and materials have been received. If |
| 22 | | an applicant for a concealed carry license submits his or her |
| 23 | | application electronically, the Illinois State Police shall |
| 24 | | notify the applicant electronically if his or her application |
| 25 | | is missing information or materials. |
| 26 | | (f) The Illinois State Police shall deny the applicant a |
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| 1 | | license if the applicant fails to meet the requirements under |
| 2 | | this Act or the Illinois State Police receives a determination |
| 3 | | from the Board that the applicant is ineligible for a license. |
| 4 | | The Illinois State Police must notify the applicant stating |
| 5 | | the grounds for the denial. The notice of denial must inform |
| 6 | | the applicant of his or her right to an appeal through |
| 7 | | administrative and judicial review. |
| 8 | | (g) A licensee shall possess a license at all times the |
| 9 | | licensee carries a concealed firearm except: |
| 10 | | (1) when the licensee is carrying or possessing a |
| 11 | | concealed firearm on his or her land or in his or her |
| 12 | | abode, legal dwelling, or fixed place of business, or on |
| 13 | | the land or in the legal dwelling of another person as an |
| 14 | | invitee with that person's permission; |
| 15 | | (2) when the person is authorized to carry a firearm |
| 16 | | under Section 24-2 of the Criminal Code of 2012, except |
| 17 | | subsection (a-5) of that Section; or |
| 18 | | (3) when the handgun is broken down in a |
| 19 | | non-functioning state, is not immediately accessible, or |
| 20 | | is unloaded and enclosed in a case. |
| 21 | | (h) If an officer of a law enforcement agency initiates an |
| 22 | | investigative stop, including, but not limited to, a traffic |
| 23 | | stop, of a licensee or a non-resident carrying a concealed |
| 24 | | firearm under subsection (e) of
Section 40 of this Act, upon |
| 25 | | the request of the officer the licensee or non-resident shall |
| 26 | | disclose to the officer that he or she is in possession of a |
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| 1 | | concealed firearm under this Act, or present the license upon |
| 2 | | the request of the officer if he or she is a licensee or |
| 3 | | present upon the request of the officer evidence
under |
| 4 | | paragraph (2) of subsection (e) of Section 40 of this Act that |
| 5 | | he or she is a non-resident qualified to carry
under that |
| 6 | | subsection. The disclosure requirement under this subsection |
| 7 | | (h) is satisfied if the licensee presents his or her license to |
| 8 | | the officer or the non-resident presents to the officer |
| 9 | | evidence under paragraph (2) of subsection (e) of Section 40 |
| 10 | | of this Act that he or she is qualified to carry under that |
| 11 | | subsection. Upon the request of the officer, the licensee or |
| 12 | | non-resident shall also identify the location of the concealed |
| 13 | | firearm and permit the officer to safely secure the firearm |
| 14 | | for the duration of the investigative stop. During a traffic |
| 15 | | stop, any
passenger within the vehicle who is a licensee or a |
| 16 | | non-resident carrying under subsection (e) of
Section 40 of |
| 17 | | this Act must comply with the requirements of this subsection |
| 18 | | (h). |
| 19 | | (h-1) If a licensee carrying a firearm or a non-resident |
| 20 | | carrying a firearm in a vehicle under subsection (e) of |
| 21 | | Section 40 of this Act is contacted by a law enforcement |
| 22 | | officer or emergency
services personnel, the law enforcement |
| 23 | | officer or emergency services personnel may secure the firearm
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| 24 | | or direct that it be secured during the duration of the contact |
| 25 | | if the law enforcement officer or emergency
services personnel |
| 26 | | determines that it is necessary for the safety of any person
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| 1 | | present, including the law enforcement officer or emergency |
| 2 | | services personnel. The licensee or nonresident
shall submit |
| 3 | | to the order to secure the firearm. When the law enforcement |
| 4 | | officer or emergency services
personnel have determined that |
| 5 | | the licensee or non-resident is not a threat to
the safety of |
| 6 | | any person present, including the law enforcement officer or |
| 7 | | emergency services personnel, and
if the licensee or |
| 8 | | non-resident is physically and mentally capable of
possessing |
| 9 | | the firearm, the law enforcement officer or emergency services |
| 10 | | personnel shall return the
firearm to the licensee or |
| 11 | | non-resident before releasing him or her from the
scene and |
| 12 | | breaking contact. If the licensee or non-resident is |
| 13 | | transported for
treatment to another location, the firearm |
| 14 | | shall be turned over to any peace
officer. The peace officer |
| 15 | | shall provide a receipt which includes the make,
model, |
| 16 | | caliber, and serial number of the firearm. |
| 17 | | (i) The Illinois State Police shall maintain a database of |
| 18 | | license applicants and licensees. The database shall be |
| 19 | | available to all federal, State, and local law enforcement |
| 20 | | agencies, State's Attorneys, the Attorney General, and |
| 21 | | authorized court personnel. Within 180 days after July 9, 2013 |
| 22 | | (the effective date of this Act), the database shall be |
| 23 | | searchable and provide all information included in the |
| 24 | | application, including the applicant's previous addresses |
| 25 | | within the 10 years prior to the license application and any |
| 26 | | information related to violations of this Act. No law |
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| 1 | | enforcement agency, State's Attorney, Attorney General, or |
| 2 | | member or staff of the judiciary shall provide any information |
| 3 | | to a requester who is not entitled to it by law. |
| 4 | | (j) No later than 10 days after receipt of a completed |
| 5 | | application, the Illinois State Police shall enter the |
| 6 | | relevant information about the applicant into the database |
| 7 | | under subsection (i) of this Section which is accessible by |
| 8 | | law enforcement agencies.
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| 9 | | (k) The Illinois State Police shall continuously monitor |
| 10 | | relevant State and federal databases for firearms prohibitors |
| 11 | | and correlate those records with concealed carry license |
| 12 | | holders to ensure compliance with this Act, or State and |
| 13 | | federal law. The Illinois State Police may adopt rules to |
| 14 | | implement this subsection. |
| 15 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
| 16 | | 102-813, eff. 5-13-22.)
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| 17 | | (430 ILCS 66/30)
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| 18 | | Sec. 30. Contents of license application. |
| 19 | | (a) The license application shall be in writing, under |
| 20 | | penalty of perjury, on a standard form adopted by the Illinois |
| 21 | | State Police and shall be accompanied by the documentation |
| 22 | | required in this Section and the applicable fee. Each |
| 23 | | application form shall include the following statement printed |
| 24 | | in bold type: "Warning: Entering false information on this |
| 25 | | form is punishable as perjury under Section 32-2 of the |
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| 1 | | Criminal Code of 2012." |
| 2 | | (b) The application shall contain the following: |
| 3 | | (1) the applicant's name, current address, date and |
| 4 | | year of birth, place of birth, height, weight, hair color, |
| 5 | | eye color, maiden name or any other name the applicant has |
| 6 | | used or identified with, and any address where the |
| 7 | | applicant resided for more than 30 days within the 10 |
| 8 | | years preceding the date of the license application; |
| 9 | | (2) the applicant's valid driver's license number or |
| 10 | | valid state identification card number; |
| 11 | | (3) a waiver of the applicant's privacy and |
| 12 | | confidentiality rights and privileges under all federal |
| 13 | | and state laws, including those limiting access to |
| 14 | | juvenile court, criminal justice, psychological, or |
| 15 | | psychiatric records or records relating to any |
| 16 | | institutionalization of the applicant, and an affirmative |
| 17 | | request that a person having custody of any of these |
| 18 | | records provide it or information concerning it to the |
| 19 | | Illinois State Police. The waiver only applies to records |
| 20 | | sought in connection with determining whether the |
| 21 | | applicant qualifies for a license to carry a concealed |
| 22 | | firearm under this Act, or whether the applicant remains |
| 23 | | in compliance with the Firearm Owners Identification Card |
| 24 | | Act; |
| 25 | | (4) an affirmation that the applicant possesses a |
| 26 | | currently valid Firearm Owner's Identification Card and |
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| 1 | | card number if possessed or notice the applicant is |
| 2 | | applying for a Firearm Owner's Identification Card in |
| 3 | | conjunction with the license application; |
| 4 | | (5) an affirmation that the applicant has not been |
| 5 | | convicted or found guilty of: |
| 6 | | (A) a felony; |
| 7 | | (B) a misdemeanor involving the use or threat of |
| 8 | | physical force or violence to any person within the 5 |
| 9 | | years preceding the date of the application; or |
| 10 | | (C) 2 or more violations related to driving while |
| 11 | | under the influence of alcohol, other drug or drugs, |
| 12 | | intoxicating compound or compounds, or any combination |
| 13 | | thereof, within the 5 years preceding the date of the |
| 14 | | license application; |
| 15 | | (6) whether the applicant has failed a drug test for a |
| 16 | | drug for which the applicant did not have a prescription, |
| 17 | | within the previous year, and if so, the provider of the |
| 18 | | test, the specific substance involved, and the date of the |
| 19 | | test; |
| 20 | | (7) written consent for the Illinois State Police to |
| 21 | | review and use the applicant's Illinois digital driver's |
| 22 | | license or Illinois identification card photograph and |
| 23 | | signature; |
| 24 | | (8) unless submitted under subsection (a-25) of |
| 25 | | Section 4 of the Firearm Owners Identification Card Act, a |
| 26 | | full set of fingerprints submitted to the Illinois State |
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| 1 | | Police in electronic format, provided the Illinois State |
| 2 | | Police may accept an application submitted without a set |
| 3 | | of fingerprints, in which case the Illinois State Police |
| 4 | | shall be granted 30 days in addition to the 90 days |
| 5 | | provided under subsection (e) of Section 10 of this Act to |
| 6 | | issue or deny a license; |
| 7 | | (9) a head and shoulder color photograph in a size |
| 8 | | specified by the Illinois State Police taken within the 30 |
| 9 | | days preceding the date of the license application; and |
| 10 | | (10) a photocopy of any certificates or other evidence |
| 11 | | of compliance with the training requirements under this |
| 12 | | Act.
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| 13 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
| 14 | | 102-813, eff. 5-13-22.)
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| 15 | | (430 ILCS 66/40)
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| 16 | | Sec. 40. Non-resident license applications. |
| 17 | | (a) For the purposes of this Section, "non-resident" means |
| 18 | | a person who has not resided within this State for more than 30 |
| 19 | | days and resides in another state or territory. |
| 20 | | (b) The Illinois State Police shall by rule allow for |
| 21 | | non-resident license applications from any state or territory |
| 22 | | of the United States with laws related to firearm ownership, |
| 23 | | possession, and carrying, that are substantially similar to |
| 24 | | the requirements to obtain a license under this Act. |
| 25 | | (c) A resident of a state or territory approved by the |
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| 1 | | Illinois State Police under subsection (b) of this Section may |
| 2 | | apply for a non-resident license. The applicant shall apply to |
| 3 | | the Illinois State Police and must meet all of the |
| 4 | | qualifications established in Section 25 of this Act, except |
| 5 | | for the Illinois residency requirement in item (xiv) of |
| 6 | | paragraph (2) of subsection (a) of Section 4 of the Firearm |
| 7 | | Owners Identification Card Act. The applicant shall submit: |
| 8 | | (1) the application and documentation required under |
| 9 | | Section 30 of this Act and the applicable fee; |
| 10 | | (2) a notarized document stating that the applicant: |
| 11 | | (A) is eligible under federal law and the laws of |
| 12 | | his or her state or territory of residence to own or |
| 13 | | possess a firearm; |
| 14 | | (B) if applicable, has a license or permit to |
| 15 | | carry a firearm or concealed firearm issued by his or |
| 16 | | her state or territory of residence and attach a copy |
| 17 | | of the license or permit to the application; |
| 18 | | (C) understands Illinois laws pertaining to the |
| 19 | | possession and transport of firearms; and |
| 20 | | (D) acknowledges that the applicant is subject to |
| 21 | | the jurisdiction of the Illinois State Police and |
| 22 | | Illinois courts for any violation of this Act; |
| 23 | | (3) a photocopy of any certificates or other evidence |
| 24 | | of compliance with the training requirements under Section |
| 25 | | 75 of this Act; and |
| 26 | | (4) a head and shoulder color photograph in a size |
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| 1 | | specified by the Illinois State Police taken within the 30 |
| 2 | | days preceding the date of the application. |
| 3 | | (d) In lieu of an Illinois driver's license or Illinois |
| 4 | | identification card, a non-resident applicant shall provide |
| 5 | | similar documentation from his or her state or territory of |
| 6 | | residence. In lieu of a valid Firearm Owner's Identification |
| 7 | | Card, the applicant shall submit documentation and information |
| 8 | | required by the Illinois State Police to obtain a Firearm |
| 9 | | Owner's Identification Card, including an affidavit that the |
| 10 | | non-resident meets the mental health standards to obtain a |
| 11 | | firearm under Illinois law, and the Illinois State Police |
| 12 | | shall ensure that the applicant would meet the eligibility |
| 13 | | criteria to obtain a Firearm Owner's Identification card if he |
| 14 | | or she was a resident of this State. |
| 15 | | (e) Nothing in this Act shall prohibit a non-resident from |
| 16 | | transporting a concealed firearm within his or her vehicle in |
| 17 | | Illinois, if the concealed firearm remains within his or her |
| 18 | | vehicle and the non-resident: |
| 19 | | (1) is not prohibited from owning or possessing a |
| 20 | | firearm under federal law; |
| 21 | | (2) is eligible to carry a firearm in public under the |
| 22 | | laws of his or her state or territory of residence, as
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| 23 | | evidenced by the possession of a concealed carry license |
| 24 | | or permit issued by his or her state of residence, if
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| 25 | | applicable; and |
| 26 | | (3) is not in possession of a license under this Act. |
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| 1 | | If the non-resident leaves his or her vehicle unattended, |
| 2 | | he or she shall store the firearm within a locked vehicle or |
| 3 | | locked container within the vehicle in accordance with |
| 4 | | subsection (b) of Section 65 of this Act.
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| 5 | | (Source: P.A. 102-538, eff. 8-20-21.)
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| 6 | | (430 ILCS 66/50)
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| 7 | | Sec. 50. License renewal. |
| 8 | | (a) This subsection (a) applies through the 180th day |
| 9 | | following July 12, 2019 (the effective date of Public Act |
| 10 | | 101-80). The Illinois State Police shall, 180 days prior to |
| 11 | | the expiration of a concealed carry license, notify each |
| 12 | | person whose license is to expire a notification of the |
| 13 | | expiration of the license and instructions for renewal. |
| 14 | | Applications for renewal of a license shall be made to the |
| 15 | | Illinois State Police. A license shall be renewed for a period |
| 16 | | of 5 years upon receipt of a completed renewal application, |
| 17 | | completion of 3 hours of training required under Section 75 of |
| 18 | | this Act, payment of the applicable renewal fee, and |
| 19 | | completion of an investigation under Section 35 of this Act. |
| 20 | | The renewal application shall contain the information required |
| 21 | | in Section 30 of this Act, except that the applicant need not |
| 22 | | resubmit a full set of fingerprints. |
| 23 | | (b) This subsection (b) applies on and after the 181st day |
| 24 | | following July 12, 2019 (the effective date of Public Act |
| 25 | | 101-80). Applications for renewal of a license shall be made |
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| 1 | | to the Illinois State Police. A license shall be renewed for a |
| 2 | | period of 5 years from the date of expiration on the |
| 3 | | applicant's current license upon the receipt of a completed |
| 4 | | renewal application, completion of 3 hours of training |
| 5 | | required under Section 75 of this Act, payment of the |
| 6 | | applicable renewal fee, and completion of an investigation |
| 7 | | under Section 35 of this Act. The renewal application shall |
| 8 | | contain the information required in Section 30 of this Act, |
| 9 | | except that the applicant need not resubmit a full set of |
| 10 | | fingerprints.
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| 11 | | (Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22; |
| 12 | | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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| 13 | | (430 ILCS 66/55)
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| 14 | | Sec. 55. Change of address or name; lost, destroyed, or |
| 15 | | stolen licenses. |
| 16 | | (a) A licensee shall notify the Illinois State Police |
| 17 | | within 30 days of moving or changing residence or any change of |
| 18 | | name. The licensee shall submit the requisite fee and the |
| 19 | | Illinois State Police may require a notarized statement that |
| 20 | | the licensee has
changed his or her residence or his or her |
| 21 | | name, including the prior and current address or name and the |
| 22 | | date the applicant moved or changed his or her name. |
| 23 | | (b) A licensee shall notify the Illinois State Police |
| 24 | | within 10 days of discovering that a license has been lost, |
| 25 | | destroyed, or stolen. A lost, destroyed, or stolen license is |
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| 1 | | invalid. To request a replacement license, the licensee shall |
| 2 | | submit: |
| 3 | | (1) a written or electronic acknowledgment that the |
| 4 | | licensee no longer possesses the license, and that it was |
| 5 | | lost, destroyed, or stolen; |
| 6 | | (2) if applicable, a copy of a police report stating |
| 7 | | that the license was stolen; and |
| 8 | | (3) (blank). the requisite fee. |
| 9 | | (c) A violation of this Section is a petty offense with a |
| 10 | | fine of $150 which shall be deposited into the Mental Health |
| 11 | | Reporting Fund.
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| 12 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
| 13 | | 102-813, eff. 5-13-22.)
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