HB0850 Engrossed LRB104 04748 BDA 14775 b
1		AN ACT concerning safety.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 3. The Illinois State Police Law of the Civil
5		Administrative Code of Illinois is amended by adding Section
6		2605-625 as follows:
7		(20 ILCS 2605/2605-625 new)
8		Sec. 2605-625. Analysis and report of cumulative data
9		concerning stolen firearms or firearms with obliterated serial
10		numbers that were used or alleged to have been used in the
11		commission of offenses. The Illinois State Police shall
12		conduct an analysis of the cumulative data regarding the
13		disposition of cases involving a stolen firearm or a firearm
14		with an obliterated serial number that was used or alleged to
15		have been used in the commission of an offense and make that
16		information available on the Illinois State Police publicly
17		accessible databases. The Illinois State Police shall publish
18		the results of its analysis in a report to the General
19		Assembly, Governor, and Attorney General and shall make the
20		report available on its website.
21		Section 4. The Criminal Identification Act is amended by
22		changing Section 2.1 as follows:

HB0850 Engrossed - 2 - LRB104 04748 BDA 14775 b
1		(20 ILCS 2630/2.1)    (from Ch. 38, par. 206-2.1)
2		Sec. 2.1. For the purpose of maintaining complete and
3		accurate criminal records of the Illinois State Police, it is
4		necessary for all policing bodies of this State, the clerk of
5		the circuit court, the Illinois Department of Corrections, the
6		sheriff of each county, and State's Attorney of each county to
7		submit certain criminal arrest, charge, and disposition
8		information to the Illinois State Police for filing at the
9		earliest time possible. Unless otherwise noted herein, it
10		shall be the duty of all policing bodies of this State, the
11		clerk of the circuit court, the Illinois Department of
12		Corrections, the sheriff of each county, and the State's
13		Attorney of each county to report such information as provided
14		in this Section, both in the form and manner required by the
15		Illinois State Police and within 30 days of the criminal
16		history event. Specifically:
17		(a) Arrest Information. All agencies making arrests
18		for offenses which are required by statute to be
19		collected, maintained or disseminated by the Illinois
20		State Police shall be responsible for furnishing daily to
21		the Illinois State Police fingerprints, charges and
22		descriptions of all persons who are arrested for such
23		offenses. All such agencies shall also notify the Illinois
24		State Police of all decisions by the arresting agency not
25		to refer such arrests for prosecution. With approval of

HB0850 Engrossed - 3 - LRB104 04748 BDA 14775 b
1		the Illinois State Police, an agency making such arrests
2		may enter into arrangements with other agencies for the
3		purpose of furnishing daily such fingerprints, charges and
4		descriptions to the Illinois State Police upon its behalf.
5		(b) Charge Information. The State's Attorney of each
6		county shall notify the Illinois State Police of all
7		charges filed and all petitions filed alleging that a
8		minor is delinquent, including all those added subsequent
9		to the filing of a case, and whether charges were not filed
10		in cases for which the Illinois State Police has received
11		information required to be reported pursuant to paragraph
12		(a) of this Section. With approval of the Illinois State
13		Police, the State's Attorney may enter into arrangements
14		with other agencies for the purpose of furnishing the
15		information required by this subsection (b) to the
16		Illinois State Police upon the State's Attorney's behalf.
17		(c) Disposition Information. The clerk of the circuit
18		court of each county shall furnish the Illinois State
19		Police, in the form and manner required by the Supreme
20		Court, with all final dispositions of cases for which the
21		Illinois State Police has received information required to
22		be reported pursuant to paragraph (a) or (d) of this
23		Section. Such information shall include, for each charge,
24		all (1) judgments of not guilty, judgments of guilty
25		including the sentence pronounced by the court with
26		statutory citations to the relevant sentencing provision,

HB0850 Engrossed - 4 - LRB104 04748 BDA 14775 b
1		findings that a minor is delinquent and any sentence made
2		based on those findings, discharges and dismissals in the
3		court; (2) reviewing court orders filed with the clerk of
4		the circuit court which reverse or remand a reported
5		conviction or findings that a minor is delinquent or that
6		vacate or modify a sentence or sentence made following a
7		trial that a minor is delinquent; (3) continuances to a
8		date certain in furtherance of an order of supervision
9		granted under Section 5-6-1 of the Unified Code of
10		Corrections or an order of probation granted under Section
11		10 of the Cannabis Control Act, Section 410 of the
12		Illinois Controlled Substances Act, Section 70 of the
13		Methamphetamine Control and Community Protection Act,
14		Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
15		the Criminal Code of 1961 or the Criminal Code of 2012,
16		Section 10-102 of the Illinois Alcoholism and Other Drug
17		Dependency Act, Section 40-10 of the Substance Use
18		Disorder Act, Section 10 of the Steroid Control Act, or
19		Section 5-615 of the Juvenile Court Act of 1987; and (4)
20		judgments or court orders terminating or revoking a
21		sentence to or juvenile disposition of probation,
22		supervision or conditional discharge and any resentencing
23		or new court orders entered by a juvenile court relating
24		to the disposition of a minor's case involving delinquency
25		after such revocation; and (5) in any case in which a
26		firearm is alleged to have been used in the commission of

HB0850 Engrossed - 5 - LRB104 04748 BDA 14775 b
1		an offense, the serial number of any firearm involved in
2		the case, or if the serial number was obliterated, as
3		provided by the State's Attorney to the clerk of the
4		circuit court at the time of disposition.
5		(d) Fingerprints After Sentencing.
6		(1) After the court pronounces sentence, sentences
7		a minor following a trial in which a minor was found to
8		be delinquent or issues an order of supervision or an
9		order of probation granted under Section 10 of the
10		Cannabis Control Act, Section 410 of the Illinois
11		Controlled Substances Act, Section 70 of the
12		Methamphetamine Control and Community Protection Act,
13		Section 12-4.3 or subdivision (b)(1) of Section
14		12-3.05 of the Criminal Code of 1961 or the Criminal
15		Code of 2012, Section 10-102 of the Illinois
16		Alcoholism and Other Drug Dependency Act, Section
17		40-10 of the Substance Use Disorder Act, Section 10 of
18		the Steroid Control Act, or Section 5-615 of the
19		Juvenile Court Act of 1987 for any offense which is
20		required by statute to be collected, maintained, or
21		disseminated by the Illinois State Police, the State's
22		Attorney of each county shall ask the court to order a
23		law enforcement agency to fingerprint immediately all
24		persons appearing before the court who have not
25		previously been fingerprinted for the same case. The
26		court shall so order the requested fingerprinting, if

HB0850 Engrossed - 6 - LRB104 04748 BDA 14775 b
1		it determines that any such person has not previously
2		been fingerprinted for the same case. The law
3		enforcement agency shall submit such fingerprints to
4		the Illinois State Police daily.
5		(2) After the court pronounces sentence or makes a
6		disposition of a case following a finding of
7		delinquency for any offense which is not required by
8		statute to be collected, maintained, or disseminated
9		by the Illinois State Police, the prosecuting attorney
10		may ask the court to order a law enforcement agency to
11		fingerprint immediately all persons appearing before
12		the court who have not previously been fingerprinted
13		for the same case. The court may so order the requested
14		fingerprinting, if it determines that any so sentenced
15		person has not previously been fingerprinted for the
16		same case. The law enforcement agency may retain such
17		fingerprints in its files.
18		(e) Corrections Information. The Illinois Department
19		of Corrections and the sheriff of each county shall
20		furnish the Illinois State Police with all information
21		concerning the receipt, escape, execution, death, release,
22		pardon, parole, commutation of sentence, granting of
23		executive clemency or discharge of an individual who has
24		been sentenced or committed to the agency's custody for
25		any offenses which are mandated by statute to be
26		collected, maintained or disseminated by the Illinois

HB0850 Engrossed - 7 - LRB104 04748 BDA 14775 b
1		State Police. For an individual who has been charged with
2		any such offense and who escapes from custody or dies
3		while in custody, all information concerning the receipt
4		and escape or death, whichever is appropriate, shall also
5		be so furnished to the Illinois State Police.
6		(Source: P.A. 102-538, eff. 8-20-21.)
7		Section 5. The Firearm Owners Identification Card Act is
8		amended by changing Sections 8.1, 10, and 11 and by adding
9		Section 15c as follows:
10		(430 ILCS 65/8.1)    (from Ch. 38, par. 83-8.1)
11		Sec. 8.1. Notifications to the Illinois State Police.
12		(a) The Circuit Clerk shall, in the form and manner
13		required by the Supreme Court, notify the Illinois State
14		Police of all final dispositions of cases for which the
15		Department has received information reported to it under
16		Sections 2.1 and 2.2 of the Criminal Identification Act.
17		(b) Upon adjudication of any individual as a person with a
18		mental disability as defined in Section 1.1 of this Act or a
19		finding that a person has been involuntarily admitted, the
20		court shall direct the circuit court clerk to immediately
21		notify the Illinois State Police, Firearm Owner's
22		Identification (FOID) department, and shall forward a copy of
23		the court order to the Department.
24		(b-1) Beginning July 1, 2016, and each July 1 and December

HB0850 Engrossed - 8 - LRB104 04748 BDA 14775 b
1		30 of every year thereafter, the circuit court clerk shall, in
2		the form and manner prescribed by the Illinois State Police,
3		notify the Illinois State Police, Firearm Owner's
4		Identification (FOID) department if the court has not directed
5		the circuit court clerk to notify the Illinois State Police,
6		Firearm Owner's Identification (FOID) department under
7		subsection (b) of this Section, within the preceding 6 months,
8		because no person has been adjudicated as a person with a
9		mental disability by the court as defined in Section 1.1 of
10		this Act or if no person has been involuntarily admitted. The
11		Supreme Court may adopt any orders or rules necessary to
12		identify the persons who shall be reported to the Illinois
13		State Police under subsection (b), or any other orders or
14		rules necessary to implement the requirements of this Act.
15		(c) The Department of Human Services shall, in the form
16		and manner prescribed by the Illinois State Police, report all
17		information collected under subsection (b) of Section 12 of
18		the Mental Health and Developmental Disabilities
19		Confidentiality Act for the purpose of determining whether a
20		person who may be or may have been a patient in a mental health
21		facility is disqualified under State or federal law from
22		receiving or retaining a Firearm Owner's Identification Card,
23		or purchasing a weapon.
24		(d) If a person is determined to pose a clear and present
25		danger to himself, herself, or to others:
26		(1) by a physician, clinical psychologist, or

HB0850 Engrossed - 9 - LRB104 04748 BDA 14775 b
1		qualified examiner, or is determined to have a
2		developmental disability by a physician, clinical
3		psychologist, or qualified examiner, whether employed by
4		the State or privately, then the physician, clinical
5		psychologist, or qualified examiner shall, within 24 hours
6		of making the determination, notify the Department of
7		Human Services that the person poses a clear and present
8		danger or has a developmental disability; or
9		(2) by a law enforcement official or school
10		administrator, then the law enforcement official or school
11		administrator shall, within 24 hours of making the
12		determination, notify the Illinois State Police that the
13		person poses a clear and present danger.
14		The Department of Human Services shall immediately update
15		its records and information relating to mental health and
16		developmental disabilities, and if appropriate, shall under
17		paragraph (1) of subsection (d) of this Section notify the
18		Illinois State Police in a form and manner prescribed by the
19		Illinois State Police. The Illinois State Police shall deny
20		the application or suspend or determine whether to revoke the
21		person's Firearm Owner's Identification Card under Section 8
22		of this Act. Any information disclosed under this subsection
23		shall remain privileged and confidential, and shall not be
24		redisclosed, except as required under subsection (e) of
25		Section 3.1 and subsection (c-5) or (f) of Section 10 of this
26		Act, nor used for any other purpose. The method of providing

HB0850 Engrossed - 10 - LRB104 04748 BDA 14775 b
1		this information shall guarantee that the information is not
2		released beyond what is necessary for the purpose of these
3		Sections. Reports from the Department of Human Services this
4		Section and shall be provided by rule by the Department of
5		Human Services. The identity of the person reporting under
6		paragraph (1) of subsection (d) of this Section shall only not
7		be disclosed to the subject of the report if required by the
8		Board or a court with jurisdiction consistent with proceedings
9		under subsections (c-5) or (f) of Section 10 of this Act.
10		The law enforcement official or school administrator under
11		paragraph (2) of subsection (d) of this Section shall notify
12		the Illinois State Police in the form and manner prescribed by
13		the Illinois State Police. The Illinois State Police shall
14		determine whether to deny the application or suspend or revoke
15		the person's Firearm Owner's Identification Card under Section
16		8 of this Act. Any information disclosed under this subsection
17		shall remain confidential and shall not be redisclosed or used
18		for any other purpose except as required under subsection (e)
19		of Section 3.1 and subsection (c-5) or (f) of Section 10 of
20		this Act. The method of providing this information shall
21		guarantee that the information is not released beyond what is
22		necessary for the purpose of these Sections. The identity of
23		the person reporting under paragraph (2) of subsection (d) of
24		this Section shall be disclosed only to the subject of the
25		report if required by the Board or a court with jurisdiction
26		consistent with proceedings under subsection (c-5) or (f) of

HB0850 Engrossed - 11 - LRB104 04748 BDA 14775 b
1		Section 10 this Act.
2		The physician, clinical psychologist, qualified examiner,
3		law enforcement official, or school administrator making the
4		determination and his or her employer shall not be held
5		criminally, civilly, or professionally liable for making or
6		not making the notification required under this subsection,
7		except for willful or wanton misconduct.
8		(e) The Illinois State Police shall adopt rules to
9		implement this Section.
10		(Source: P.A. 102-538, eff. 8-20-21.)
11		(430 ILCS 65/10)    (from Ch. 38, par. 83-10)
12		Sec. 10. Appeals; hearing; relief from firearm
13		prohibitions.
14		(a) Whenever an application for a Firearm Owner's
15		Identification Card is denied or whenever such a Card is
16		suspended or revoked or seized as provided for in Section 8,
17		8.2, or 8.3 of this Act, upon complying with the requirements
18		of Section 9.5 of the Act, the aggrieved party may (1) file a
19		record challenge with the Director regarding the record upon
20		which the decision to deny or revoke the Firearm Owner's
21		Identification Card was based under subsection (a-5); or (2)
22		appeal to the Director of the Illinois State Police through
23		December 31, 2022, or beginning January 1, 2023, the Firearm
24		Owner's Identification Card Review Board for a hearing seeking
25		relief from such denial, suspension, or revocation unless the

HB0850 Engrossed - 12 - LRB104 04748 BDA 14775 b
1		denial, suspension, or revocation was based upon a forcible
2		felony, stalking, aggravated stalking, domestic battery, any
3		violation of the Illinois Controlled Substances Act, the
4		Methamphetamine Control and Community Protection Act, or the
5		Cannabis Control Act that is classified as a Class 2 or greater
6		felony, any felony violation of Article 24 of the Criminal
7		Code of 1961 or the Criminal Code of 2012, or any adjudication
8		as a delinquent minor for the commission of an offense that if
9		committed by an adult would be a felony, in which case the
10		aggrieved party may petition the circuit court in writing in
11		the county of his or her residence for a hearing seeking relief
12		from such denial or revocation.
13		(a-5) There is created a Firearm Owner's Identification
14		Card Review Board to consider any appeal under subsection (a)
15		beginning January 1, 2023, other than an appeal directed to
16		the circuit court and except when the applicant is challenging
17		the record upon which the decision to deny or revoke was based
18		as provided in subsection (a-10).
19		(0.05) In furtherance of the policy of this Act that
20		the Board shall exercise its powers and duties in an
21		independent manner, subject to the provisions of this Act
22		but free from the direction, control, or influence of any
23		other agency or department of State government. All
24		expenses and liabilities incurred by the Board in the
25		performance of its responsibilities hereunder shall be
26		paid from funds which shall be appropriated to the Board

HB0850 Engrossed - 13 - LRB104 04748 BDA 14775 b
1		by the General Assembly for the ordinary and contingent
2		expenses of the Board.
3		(1) The Board shall consist of 7 members appointed by
4		the Governor, with the advice and consent of the Senate,
5		with 3 members residing within the First Judicial District
6		and one member residing within each of the 4 remaining
7		Judicial Districts. No more than 4 members shall be
8		members of the same political party. The Governor shall
9		designate one member as the chairperson. The members shall
10		have actual experience in law, education, social work,
11		behavioral sciences, law enforcement, or community affairs
12		or in a combination of those areas.
13		(2) The terms of the members initially appointed after
14		January 1, 2022 (the effective date of Public Act 102-237)
15		shall be as follows: one of the initial members shall be
16		appointed for a term of one year, 3 shall be appointed for
17		terms of 2 years, and 3 shall be appointed for terms of 4
18		years. Thereafter, members shall hold office for 4 years,
19		with terms expiring on the second Monday in January
20		immediately following the expiration of their terms and
21		every 4 years thereafter. Members may be reappointed.
22		Vacancies in the office of member shall be filled in the
23		same manner as the original appointment, for the remainder
24		of the unexpired term. The Governor may remove a member
25		for incompetence, neglect of duty, malfeasance, or
26		inability to serve. Members shall receive compensation in

HB0850 Engrossed - 14 - LRB104 04748 BDA 14775 b
1		an amount equal to the compensation of members of the
2		Executive Ethics Commission and, beginning July 1, 2023,
3		shall be compensated from appropriations provided to the
4		Comptroller for this purpose. Members may be reimbursed,
5		from funds appropriated for such a purpose, for reasonable
6		expenses actually incurred in the performance of their
7		Board duties. The Illinois State Police shall designate an
8		employee to serve as Executive Director of the Board and
9		provide logistical and administrative assistance to the
10		Board.
11		(3) The Board shall meet at least quarterly each year
12		and at the call of the chairperson as often as necessary to
13		consider appeals of decisions made with respect to
14		applications for a Firearm Owner's Identification Card
15		under this Act. If necessary to ensure the participation
16		of a member, the Board shall allow a member to participate
17		in a Board meeting by electronic communication. Any member
18		participating electronically shall be deemed present for
19		purposes of establishing a quorum and voting.
20		(4) The Board shall adopt rules for the review of
21		appeals and the conduct of hearings. The Board shall
22		maintain a record of its decisions and all materials
23		considered in making its decisions. All Board decisions
24		and voting records shall be kept confidential and all
25		materials considered by the Board shall be exempt from
26		inspection except upon order of a court.

HB0850 Engrossed - 15 - LRB104 04748 BDA 14775 b
1		(5) In considering an appeal, the Board shall review
2		the materials received concerning the denial or revocation
3		by the Illinois State Police. By a vote of at least 4
4		members, the Board may request additional information from
5		the Illinois State Police or the applicant or the
6		testimony of the Illinois State Police or the applicant.
7		The Board may require that the applicant submit electronic
8		fingerprints to the Illinois State Police for an updated
9		background check if the Board determines it lacks
10		sufficient information to determine eligibility. The Board
11		may consider information submitted by the Illinois State
12		Police, a law enforcement agency, or the applicant. The
13		Board shall review each denial or revocation and determine
14		by a majority of members whether an applicant should be
15		granted relief under subsection (c).
16		(6) The Board shall by order issue summary decisions.
17		The Board shall issue a decision within 45 days of
18		receiving all completed appeal documents from the Illinois
19		State Police and the applicant. However, the Board need
20		not issue a decision within 45 days if:
21		(A) the Board requests information from the
22		applicant, including, but not limited to, electronic
23		fingerprints to be submitted to the Illinois State
24		Police, in accordance with paragraph (5) of this
25		subsection, in which case the Board shall make a
26		decision within 30 days of receipt of the required

HB0850 Engrossed - 16 - LRB104 04748 BDA 14775 b
1		information from the applicant;
2		(B) the applicant agrees, in writing, to allow the
3		Board additional time to consider an appeal; or
4		(C) the Board notifies the applicant and the
5		Illinois State Police that the Board needs an
6		additional 30 days to issue a decision. The Board may
7		only issue 2 extensions under this subparagraph (C).
8		The Board's notification to the applicant and the
9		Illinois State Police shall include an explanation for
10		the extension.
11		(7) If the Board determines that the applicant is
12		eligible for relief under subsection (c), the Board shall
13		notify the applicant and the Illinois State Police that
14		relief has been granted and the Illinois State Police
15		shall issue the Card.
16		(8) Meetings of the Board shall not be subject to the
17		Open Meetings Act and records of the Board shall not be
18		subject to the Freedom of Information Act.
19		(9) The Board shall report monthly to the Governor and
20		the General Assembly on the number of appeals received and
21		provide details of the circumstances in which the Board
22		has determined to deny Firearm Owner's Identification
23		Cards under this subsection (a-5). The report shall not
24		contain any identifying information about the applicants.
25		(a-10) Whenever an applicant or cardholder is not seeking
26		relief from a firearms prohibition under subsection (c) but

HB0850 Engrossed - 17 - LRB104 04748 BDA 14775 b
1		rather does not believe the applicant is appropriately denied
2		or revoked and is challenging the record upon which the
3		decision to deny or revoke the Firearm Owner's Identification
4		Card was based, or whenever the Illinois State Police fails to
5		act on an application within 30 days of its receipt, the
6		applicant shall file such challenge with the Director. The
7		Director shall render a decision within 60 business days of
8		receipt of all information supporting the challenge. The
9		Illinois State Police shall adopt rules for the review of a
10		record challenge.
11		(b) At least 30 days before any hearing in the circuit
12		court, the petitioner shall serve the relevant State's
13		Attorney with a copy of the petition. The State's Attorney may
14		object to the petition and present evidence. At the hearing,
15		the court shall determine whether substantial justice has been
16		done. Should the court determine that substantial justice has
17		not been done, the court shall issue an order directing the
18		Illinois State Police to issue a Card. However, the court
19		shall not issue the order if the petitioner is otherwise
20		prohibited from obtaining, possessing, or using a firearm
21		under federal law.
22		(c) Any person prohibited from possessing a firearm under
23		Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
24		acquiring a Firearm Owner's Identification Card under Section
25		8 of this Act may apply to the Firearm Owner's Identification
26		Card Review Board or petition the circuit court in the county

HB0850 Engrossed - 18 - LRB104 04748 BDA 14775 b
1		where the petitioner resides, whichever is applicable in
2		accordance with subsection (a) of this Section, requesting
3		relief from such prohibition and the Board or court may grant
4		such relief if it is established by the applicant to the
5		court's or the Board's satisfaction that:
6		(0.05) when in the circuit court, the State's Attorney
7		has been served with a written copy of the petition at
8		least 30 days before any such hearing in the circuit court
9		and at the hearing the State's Attorney was afforded an
10		opportunity to present evidence and object to the
11		petition;
12		(1) the applicant has not been convicted of a forcible
13		felony under the laws of this State or any other
14		jurisdiction within 20 years of the applicant's
15		application for a Firearm Owner's Identification Card, or
16		at least 20 years have passed since the end of any period
17		of imprisonment imposed in relation to that conviction;
18		(2) the circumstances regarding a criminal conviction,
19		where applicable, the applicant's criminal history and his
20		reputation are such that the applicant will not be likely
21		to act in a manner dangerous to public safety;
22		(3) granting relief would not be contrary to the
23		public interest; and
24		(4) granting relief would not be contrary to federal
25		law.
26		(c-5) (1) An active law enforcement officer employed by a

HB0850 Engrossed - 19 - LRB104 04748 BDA 14775 b
1		unit of government or a Department of Corrections employee
2		authorized to possess firearms who is denied, revoked, or has
3		his or her Firearm Owner's Identification Card seized under
4		subsection (e) of Section 8 of this Act may apply to the
5		Firearm Owner's Identification Card Review Board requesting
6		relief if the officer or employee did not act in a manner
7		threatening to the officer or employee, another person, or the
8		public as determined by the treating clinical psychologist or
9		physician, and as a result of his or her work is referred by
10		the employer for or voluntarily seeks mental health evaluation
11		or treatment by a licensed clinical psychologist,
12		psychiatrist, or qualified examiner, and:
13		(A) the officer or employee has not received treatment
14		involuntarily at a mental health facility, regardless of
15		the length of admission; or has not been voluntarily
16		admitted to a mental health facility for more than 30 days
17		and not for more than one incident within the past 5 years;
18		and
19		(B) the officer or employee has not left the mental
20		institution against medical advice.
21		(2) The Firearm Owner's Identification Card Review Board
22		shall grant expedited relief to active law enforcement
23		officers and employees described in paragraph (1) of this
24		subsection (c-5) upon a determination by the Board that the
25		officer's or employee's possession of a firearm does not
26		present a threat to themselves, others, or public safety. The

HB0850 Engrossed - 20 - LRB104 04748 BDA 14775 b
1		Board shall act on the request for relief within 30 business
2		days of receipt of:
3		(A) a notarized statement from the officer or employee
4		in the form prescribed by the Board detailing the
5		circumstances that led to the hospitalization;
6		(B) all documentation regarding the admission,
7		evaluation, treatment and discharge from the treating
8		licensed clinical psychologist or psychiatrist of the
9		officer;
10		(C) a psychological fitness for duty evaluation of the
11		person completed after the time of discharge; and
12		(D) written confirmation in the form prescribed by the
13		Board from the treating licensed clinical psychologist or
14		psychiatrist that the provisions set forth in paragraph
15		(1) of this subsection (c-5) have been met, the person
16		successfully completed treatment, and their professional
17		opinion regarding the person's ability to possess
18		firearms.
19		(3) Officers and employees eligible for the expedited
20		relief in paragraph (2) of this subsection (c-5) have the
21		burden of proof on eligibility and must provide all
22		information required. The Board may not consider granting
23		expedited relief until the proof and information is received.
24		(4) "Clinical psychologist", "psychiatrist", and
25		"qualified examiner" shall have the same meaning as provided
26		in Chapter I of the Mental Health and Developmental

HB0850 Engrossed - 21 - LRB104 04748 BDA 14775 b
1		Disabilities Code.
2		(5) No later than January 1, 2026, the Firearm Owner's
3		Identification Card Review Board shall establish a process by
4		which any person who is subject to the provisions of
5		subsection (f) of Section 8 of this Act may request expedited
6		review from the Firearm Owner's Identification Card Review
7		Board.
8		(A) The Board shall disclose to an individual
9		requesting an expedited review any information relating to
10		the individual that was provided by the Department under
11		subsection (d) of Section 8.1, subject to redactions.
12		(B) The individual requesting expedited review may
13		submit to the Firearm Owner's Identification Card Review
14		Board an objection to any redaction made pursuant to
15		subparagraph (A) of paragraph (5) of subsection (c-5) of
16		this Section. The objection must specify the basis for the
17		individual's belief that the redacted information is
18		necessary for a full and fair review.
19		(C) In determining whether information should be
20		unredacted, the Board may consider any relevant factor,
21		including, but not limited to, (i) the extent to which the
22		disclosure of such information is necessary to provide the
23		individual with a meaningful opportunity to understand,
24		respond to, or rebut evidence for the basis for the denial
25		or revocation and (ii) the safety and well-being of any
26		person who, directly or indirectly, is the source or

HB0850 Engrossed - 22 - LRB104 04748 BDA 14775 b
1		reporter of such information.
2		(D) The Board, Illinois State Police, or the employees
3		and agents of the Board and Illinois State Police
4		participating in this process under this Act shall not be
5		held liable for damages in any civil action arising from
6		the disclosure or non-disclosure of the information
7		released to an individual as part of this process.
8		(c-10) (1) An applicant, who is denied, revoked, or has
9		his or her Firearm Owner's Identification Card seized under
10		subsection (e) of Section 8 of this Act based upon a
11		determination of a developmental disability or an intellectual
12		disability may apply to the Firearm Owner's Identification
13		Card Review Board requesting relief.
14		(2) The Board shall act on the request for relief within 60
15		business days of receipt of written certification, in the form
16		prescribed by the Board, from a physician or clinical
17		psychologist, or qualified examiner, that the aggrieved
18		party's developmental disability or intellectual disability
19		condition is determined by a physician, clinical psychologist,
20		or qualified to be mild. If a fact-finding conference is
21		scheduled to obtain additional information concerning the
22		circumstances of the denial or revocation, the 60 business
23		days the Director has to act shall be tolled until the
24		completion of the fact-finding conference.
25		(3) The Board may grant relief if the aggrieved party's
26		developmental disability or intellectual disability is mild as

HB0850 Engrossed - 23 - LRB104 04748 BDA 14775 b
1		determined by a physician, clinical psychologist, or qualified
2		examiner and it is established by the applicant to the Board's
3		satisfaction that:
4		(A) granting relief would not be contrary to the
5		public interest; and
6		(B) granting relief would not be contrary to federal
7		law.
8		(4) The Board may not grant relief if the condition is
9		determined by a physician, clinical psychologist, or qualified
10		examiner to be moderate, severe, or profound.
11		(5) The changes made to this Section by Public Act 99-29
12		apply to requests for relief pending on or before July 10, 2015
13		(the effective date of Public Act 99-29), except that the
14		60-day period for the Director to act on requests pending
15		before the effective date shall begin on July 10, 2015 (the
16		effective date of Public Act 99-29). All appeals as provided
17		in subsection (a-5) pending on January 1, 2023 shall be
18		considered by the Board.
19		(d) When a minor is adjudicated delinquent for an offense
20		which if committed by an adult would be a felony, the court
21		shall notify the Illinois State Police.
22		(e) The court shall review the denial of an application or
23		the revocation of a Firearm Owner's Identification Card of a
24		person who has been adjudicated delinquent for an offense that
25		if committed by an adult would be a felony if an application
26		for relief has been filed at least 10 years after the

HB0850 Engrossed - 24 - LRB104 04748 BDA 14775 b
1		adjudication of delinquency and the court determines that the
2		applicant should be granted relief from disability to obtain a
3		Firearm Owner's Identification Card. If the court grants
4		relief, the court shall notify the Illinois State Police that
5		the disability has been removed and that the applicant is
6		eligible to obtain a Firearm Owner's Identification Card.
7		(f) Any person who is subject to the disabilities of 18
8		U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
9		of 1968 because of an adjudication or commitment that occurred
10		under the laws of this State or who was determined to be
11		subject to the provisions of subsections (e), (f), or (g) of
12		Section 8 of this Act may apply to the Board Illinois State
13		Police requesting relief from that prohibition. The Board
14		shall grant the relief if it is established by a preponderance
15		of the evidence that the person will not be likely to act in a
16		manner dangerous to public safety and that granting relief
17		would not be contrary to the public interest. In making this
18		determination, the Board shall receive evidence concerning (i)
19		the circumstances regarding the firearms disabilities from
20		which relief is sought; (ii) the petitioner's mental health
21		and criminal history records, if any; (iii) the petitioner's
22		reputation, developed at a minimum through character witness
23		statements, testimony, or other character evidence; and (iv)
24		changes in the petitioner's condition or circumstances since
25		the disqualifying events relevant to the relief sought.
26		Notwithstanding any other provision of this Act or any other

HB0850 Engrossed - 25 - LRB104 04748 BDA 14775 b
1		law to the contrary, the Illinois State Police shall provide
2		the Board or any court with jurisdiction with all records
3		relevant to the request for relief under Section 8.1. If
4		relief is granted under this subsection or by order of a court
5		under this Section, the Director shall as soon as practicable
6		but in no case later than 15 business days, update, correct,
7		modify, or remove the person's record in any database that the
8		Illinois State Police makes available to the National Instant
9		Criminal Background Check System and notify the United States
10		Attorney General that the basis for the record being made
11		available no longer applies. The Illinois State Police shall
12		adopt rules for the administration of this Section.
13		(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
14		102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1115, eff.
15		1-9-23; 102-1129, eff. 2-10-23; 103-605, eff. 7-1-24.)
16		(430 ILCS 65/11)    (from Ch. 38, par. 83-11)
17		Sec. 11. Judicial review of final administrative
18		decisions.
19		(a) All final administrative decisions of the Firearm
20		Owner's Identification Card Review Board under this Act,
21		including final administrative decisions of the Firearm
22		Owner's Identification Card Review Board made under the
23		expedited review process established under paragraph (5) of
24		subsection (c-5) of Section 10 of this Act, except final
25		administrative decisions of the Firearm Owner's Identification

HB0850 Engrossed - 26 - LRB104 04748 BDA 14775 b
1		Card Review Board to deny a person's application for relief
2		under subsection (f) of Section 10 of this Act, shall be
3		subject to judicial review under the provisions of the
4		Administrative Review Law, and all amendments and
5		modifications thereof, and the rules adopted pursuant thereto.
6		The term "administrative decision" is defined as in Section
7		3-101 of the Code of Civil Procedure. The Illinois State
8		Police or the individual seeking expedited relief may seek
9		judicial review upon receipt of a final administrative
10		decision under paragraph (5) of subsection (c-5) of Section 10
11		of this Act.
12		(b) Any final administrative decision by the Firearm
13		Owner's Identification Card Review Board to deny a person's
14		application for relief under subsection (f) of Section 10 of
15		this Act is subject to de novo judicial review by the circuit
16		court, and any party may offer evidence that is otherwise
17		proper and admissible without regard to whether that evidence
18		is part of the administrative record.
19		(c) The Firearm Owner's Identification Card Review Board
20		shall submit a report to the General Assembly on March 1 of
21		each year, beginning March 1, 1991, listing all final
22		decisions by a court of this State upholding, reversing, or
23		reversing in part any administrative decision made by the
24		Firearm Owner's Identification Card Review Board Illinois
25		State Police.
26		(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

HB0850 Engrossed - 27 - LRB104 04748 BDA 14775 b
1		102-813, eff. 5-13-22.)
2		(430 ILCS 65/15c new)
3		Sec. 15c. Civil immunity; Board, employees, and agents.
4		The Board and its employees and agents who participate in the
5		process established under this Act and the Illinois State
6		Police and its employees and agents who participate in the
7		process established under this Act shall not be held liable
8		for damages in any civil action arising from the alleged
9		wrongful or improper granting, denying, renewing, revoking,
10		suspending, or failing to grant, deny, renew, revoke, or
11		suspend a Firearm Owner's Identification Card.
12		Section 6. If and only if Senate Bill 8 of the 104th
13		General Assembly becomes law in the form in which it passed the
14		Senate on April 10, 2025, then the Unified Code of Corrections
15		is amended by changing Section 5-4-1 as follows:
16		(730 ILCS 5/5-4-1)    (from Ch. 38, par. 1005-4-1)
17		Sec. 5-4-1. Sentencing hearing.
18		(a) After a determination of guilt, a hearing shall be
19		held to impose the sentence. However, prior to the imposition
20		of sentence on an individual being sentenced for an offense
21		based upon a charge for a violation of Section 11-501 of the
22		Illinois Vehicle Code or a similar provision of a local
23		ordinance, the individual must undergo a professional

HB0850 Engrossed - 28 - LRB104 04748 BDA 14775 b
1		evaluation to determine if an alcohol or other drug abuse
2		problem exists and the extent of such a problem. Programs
3		conducting these evaluations shall be licensed by the
4		Department of Human Services. However, if the individual is
5		not a resident of Illinois, the court may, in its discretion,
6		accept an evaluation from a program in the state of such
7		individual's residence. The court shall make a specific
8		finding about whether the defendant is eligible for
9		participation in a Department impact incarceration program as
10		provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an
11		explanation as to why a sentence to impact incarceration is
12		not an appropriate sentence. The court may in its sentencing
13		order recommend a defendant for placement in a Department of
14		Corrections substance abuse treatment program as provided in
15		paragraph (a) of subsection (1) of Section 3-2-2 conditioned
16		upon the defendant being accepted in a program by the
17		Department of Corrections. At the hearing the court shall:
18		(1) consider the evidence, if any, received upon the
19		trial;
20		(2) consider any presentence reports;
21		(3) consider the financial impact of incarceration
22		based on the financial impact statement filed with the
23		clerk of the court by the Department of Corrections;
24		(4) consider evidence and information offered by the
25		parties in aggravation and mitigation;
26		(4.5) consider substance abuse treatment, eligibility

HB0850 Engrossed - 29 - LRB104 04748 BDA 14775 b
1		screening, and an assessment, if any, of the defendant by
2		an agent designated by the State of Illinois to provide
3		assessment services for the Illinois courts;
4		(5) hear arguments as to sentencing alternatives;
5		(6) afford the defendant the opportunity to make a
6		statement in his own behalf;
7		(7) afford the victim of a violent crime or a
8		violation of Section 11-501 of the Illinois Vehicle Code,
9		or a similar provision of a local ordinance, the
10		opportunity to present an oral or written statement, as
11		guaranteed by Article I, Section 8.1 of the Illinois
12		Constitution and provided in Section 6 of the Rights of
13		Crime Victims and Witnesses Act. The court shall allow a
14		victim to make an oral statement if the victim is present
15		in the courtroom and requests to make an oral or written
16		statement. An oral or written statement includes the
17		victim or a representative of the victim reading the
18		written statement. The court may allow persons impacted by
19		the crime who are not victims under subsection (a) of
20		Section 3 of the Rights of Crime Victims and Witnesses Act
21		to present an oral or written statement. A victim and any
22		person making an oral statement shall not be put under
23		oath or subject to cross-examination. All statements
24		offered under this paragraph (7) shall become part of the
25		record of the court. In this paragraph (7), "victim of a
26		violent crime" means a person who is a victim of a violent

HB0850 Engrossed - 30 - LRB104 04748 BDA 14775 b
1		crime for which the defendant has been convicted after a
2		bench or jury trial or a person who is the victim of a
3		violent crime with which the defendant was charged and the
4		defendant has been convicted under a plea agreement of a
5		crime that is not a violent crime as defined in subsection
6		(c) of 3 of the Rights of Crime Victims and Witnesses Act;
7		(7.5) afford a qualified person affected by: (i) a
8		violation of Section 405, 405.1, 405.2, or 407 of the
9		Illinois Controlled Substances Act or a violation of
10		Section 55 or Section 65 of the Methamphetamine Control
11		and Community Protection Act; or (ii) a Class 4 felony
12		violation of Section 11-14, 11-14.3 except as described in
13		subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,
14		11-18.1, or 11-19 of the Criminal Code of 1961 or the
15		Criminal Code of 2012, committed by the defendant the
16		opportunity to make a statement concerning the impact on
17		the qualified person and to offer evidence in aggravation
18		or mitigation; provided that the statement and evidence
19		offered in aggravation or mitigation shall first be
20		prepared in writing in conjunction with the State's
21		Attorney before it may be presented orally at the hearing.
22		Sworn testimony offered by the qualified person is subject
23		to the defendant's right to cross-examine. All statements
24		and evidence offered under this paragraph (7.5) shall
25		become part of the record of the court. In this paragraph
26		(7.5), "qualified person" means any person who: (i) lived

HB0850 Engrossed - 31 - LRB104 04748 BDA 14775 b
1		or worked within the territorial jurisdiction where the
2		offense took place when the offense took place; or (ii) is
3		familiar with various public places within the territorial
4		jurisdiction where the offense took place when the offense
5		took place. "Qualified person" includes any peace officer
6		or any member of any duly organized State, county, or
7		municipal peace officer unit assigned to the territorial
8		jurisdiction where the offense took place when the offense
9		took place;
10		(8) in cases of reckless homicide afford the victim's
11		spouse, guardians, parents or other immediate family
12		members an opportunity to make oral statements;
13		(9) in cases involving a felony sex offense as defined
14		under the Sex Offender Management Board Act, consider the
15		results of the sex offender evaluation conducted pursuant
16		to Section 5-3-2 of this Act; and
17		(10) make a finding of whether a motor vehicle was
18		used in the commission of the offense for which the
19		defendant is being sentenced. ; and
20		(11) make a finding of whether a firearm with a serial
21		number reported as stolen on the Illinois State Police
22		publicly accessible stolen firearms database was used in
23		the commission of the offense for which the defendant is
24		being sentenced.
25		(b) All sentences shall be imposed by the judge based upon
26		his independent assessment of the elements specified above and

HB0850 Engrossed - 32 - LRB104 04748 BDA 14775 b
1		any agreement as to sentence reached by the parties. The judge
2		who presided at the trial or the judge who accepted the plea of
3		guilty shall impose the sentence unless he is no longer
4		sitting as a judge in that court. Where the judge does not
5		impose sentence at the same time on all defendants who are
6		convicted as a result of being involved in the same offense,
7		the defendant or the State's Attorney may advise the
8		sentencing court of the disposition of any other defendants
9		who have been sentenced.
10		(b-1) In imposing a sentence of imprisonment or periodic
11		imprisonment for a Class 3 or Class 4 felony for which a
12		sentence of probation or conditional discharge is an available
13		sentence, if the defendant has no prior sentence of probation
14		or conditional discharge and no prior conviction for a violent
15		crime, the defendant shall not be sentenced to imprisonment
16		before review and consideration of a presentence report and
17		determination and explanation of why the particular evidence,
18		information, factor in aggravation, factual finding, or other
19		reasons support a sentencing determination that one or more of
20		the factors under subsection (a) of Section 5-6-1 of this Code
21		apply and that probation or conditional discharge is not an
22		appropriate sentence.
23		(c) In imposing a sentence for a violent crime or for an
24		offense of operating or being in physical control of a vehicle
25		while under the influence of alcohol, any other drug or any
26		combination thereof, or a similar provision of a local

HB0850 Engrossed - 33 - LRB104 04748 BDA 14775 b
1		ordinance, when such offense resulted in the personal injury
2		to someone other than the defendant, the trial judge shall
3		specify on the record the particular evidence, information,
4		factors in mitigation and aggravation or other reasons that
5		led to his sentencing determination. The full verbatim record
6		of the sentencing hearing shall be filed with the clerk of the
7		court and shall be a public record.
8		(c-1) In imposing a sentence for the offense of aggravated
9		kidnapping for ransom, home invasion, armed robbery,
10		aggravated vehicular hijacking, aggravated discharge of a
11		firearm, or armed violence with a category I weapon or
12		category II weapon, the trial judge shall make a finding as to
13		whether the conduct leading to conviction for the offense
14		resulted in great bodily harm to a victim, and shall enter that
15		finding and the basis for that finding in the record.
16		(c-1.5) Notwithstanding any other provision of law to the
17		contrary, in imposing a sentence for an offense that requires
18		a mandatory minimum sentence of imprisonment, the court may
19		instead sentence the offender to probation, conditional
20		discharge, or a lesser term of imprisonment it deems
21		appropriate if: (1) the offense involves the use or possession
22		of drugs, retail theft, or driving on a revoked license due to
23		unpaid financial obligations; (2) the court finds that the
24		defendant does not pose a risk to public safety; and (3) the
25		interest of justice requires imposing a term of probation,
26		conditional discharge, or a lesser term of imprisonment. The

HB0850 Engrossed - 34 - LRB104 04748 BDA 14775 b
1		court must state on the record its reasons for imposing
2		probation, conditional discharge, or a lesser term of
3		imprisonment.
4		(c-2) If the defendant is sentenced to prison, other than
5		when a sentence of natural life imprisonment is imposed, at
6		the time the sentence is imposed the judge shall state on the
7		record in open court the approximate period of time the
8		defendant will serve in custody according to the then current
9		statutory rules and regulations for sentence credit found in
10		Section 3-6-3 and other related provisions of this Code. This
11		statement is intended solely to inform the public, has no
12		legal effect on the defendant's actual release, and may not be
13		relied on by the defendant on appeal.
14		The judge's statement, to be given after pronouncing the
15		sentence, other than when the sentence is imposed for one of
16		the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
17		shall include the following:
18		"The purpose of this statement is to inform the public of
19		the actual period of time this defendant is likely to spend in
20		prison as a result of this sentence. The actual period of
21		prison time served is determined by the statutes of Illinois
22		as applied to this sentence by the Illinois Department of
23		Corrections and the Illinois Prisoner Review Board. In this
24		case, assuming the defendant receives all of his or her
25		sentence credit, the period of estimated actual custody is ...
26		years and ... months, less up to 180 days additional earned

HB0850 Engrossed - 35 - LRB104 04748 BDA 14775 b
1		sentence credit. If the defendant, because of his or her own
2		misconduct or failure to comply with the institutional
3		regulations, does not receive those credits, the actual time
4		served in prison will be longer. The defendant may also
5		receive an additional one-half day sentence credit for each
6		day of participation in vocational, industry, substance abuse,
7		and educational programs as provided for by Illinois statute."
8		When the sentence is imposed for one of the offenses
9		enumerated in paragraph (a)(2) of Section 3-6-3, other than
10		first degree murder, and the offense was committed on or after
11		June 19, 1998, and when the sentence is imposed for reckless
12		homicide as defined in subsection (e) of Section 9-3 of the
13		Criminal Code of 1961 or the Criminal Code of 2012 if the
14		offense was committed on or after January 1, 1999, and when the
15		sentence is imposed for aggravated driving under the influence
16		of alcohol, other drug or drugs, or intoxicating compound or
17		compounds, or any combination thereof as defined in
18		subparagraph (F) of paragraph (1) of subsection (d) of Section
19		11-501 of the Illinois Vehicle Code, and when the sentence is
20		imposed for aggravated arson if the offense was committed on
21		or after July 27, 2001 (the effective date of Public Act
22		92-176), and when the sentence is imposed for aggravated
23		driving under the influence of alcohol, other drug or drugs,
24		or intoxicating compound or compounds, or any combination
25		thereof as defined in subparagraph (C) of paragraph (1) of
26		subsection (d) of Section 11-501 of the Illinois Vehicle Code

HB0850 Engrossed - 36 - LRB104 04748 BDA 14775 b
1		committed on or after January 1, 2011 (the effective date of
2		Public Act 96-1230), the judge's statement, to be given after
3		pronouncing the sentence, shall include the following:
4		"The purpose of this statement is to inform the public of
5		the actual period of time this defendant is likely to spend in
6		prison as a result of this sentence. The actual period of
7		prison time served is determined by the statutes of Illinois
8		as applied to this sentence by the Illinois Department of
9		Corrections and the Illinois Prisoner Review Board. In this
10		case, the defendant is entitled to no more than 4 1/2 days of
11		sentence credit for each month of his or her sentence of
12		imprisonment. Therefore, this defendant will serve at least
13		85% of his or her sentence. Assuming the defendant receives 4
14		1/2 days credit for each month of his or her sentence, the
15		period of estimated actual custody is ... years and ...
16		months. If the defendant, because of his or her own misconduct
17		or failure to comply with the institutional regulations
18		receives lesser credit, the actual time served in prison will
19		be longer."
20		When a sentence of imprisonment is imposed for first
21		degree murder and the offense was committed on or after June
22		19, 1998, the judge's statement, to be given after pronouncing
23		the sentence, shall include the following:
24		"The purpose of this statement is to inform the public of
25		the actual period of time this defendant is likely to spend in
26		prison as a result of this sentence. The actual period of

HB0850 Engrossed - 37 - LRB104 04748 BDA 14775 b
1		prison time served is determined by the statutes of Illinois
2		as applied to this sentence by the Illinois Department of
3		Corrections and the Illinois Prisoner Review Board. In this
4		case, the defendant is not entitled to sentence credit.
5		Therefore, this defendant will serve 100% of his or her
6		sentence."
7		When the sentencing order recommends placement in a
8		substance abuse program for any offense that results in
9		incarceration in a Department of Corrections facility and the
10		crime was committed on or after September 1, 2003 (the
11		effective date of Public Act 93-354), the judge's statement,
12		in addition to any other judge's statement required under this
13		Section, to be given after pronouncing the sentence, shall
14		include the following:
15		"The purpose of this statement is to inform the public of
16		the actual period of time this defendant is likely to spend in
17		prison as a result of this sentence. The actual period of
18		prison time served is determined by the statutes of Illinois
19		as applied to this sentence by the Illinois Department of
20		Corrections and the Illinois Prisoner Review Board. In this
21		case, the defendant shall receive no earned sentence credit
22		under clause (3) of subsection (a) of Section 3-6-3 until he or
23		she participates in and completes a substance abuse treatment
24		program or receives a waiver from the Director of Corrections
25		pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
26		(c-4) Before the sentencing hearing and as part of the

HB0850 Engrossed - 38 - LRB104 04748 BDA 14775 b
1		presentence investigation under Section 5-3-1, the court shall
2		inquire of the defendant whether the defendant is currently
3		serving in or is a veteran of the Armed Forces of the United
4		States. If the defendant is currently serving in the Armed
5		Forces of the United States or is a veteran of the Armed Forces
6		of the United States and has been diagnosed as having a mental
7		illness by a qualified psychiatrist or clinical psychologist
8		or physician, the court may:
9		(1) order that the officer preparing the presentence
10		report consult with the United States Department of
11		Veterans Affairs, Illinois Department of Veterans'
12		Affairs, or another agency or person with suitable
13		knowledge or experience for the purpose of providing the
14		court with information regarding treatment options
15		available to the defendant, including federal, State, and
16		local programming; and
17		(2) consider the treatment recommendations of any
18		diagnosing or treating mental health professionals
19		together with the treatment options available to the
20		defendant in imposing sentence.
21		For the purposes of this subsection (c-4), "qualified
22		psychiatrist" means a reputable physician licensed in Illinois
23		to practice medicine in all its branches, who has specialized
24		in the diagnosis and treatment of mental and nervous disorders
25		for a period of not less than 5 years.
26		(c-6) In imposing a sentence, the trial judge shall

HB0850 Engrossed - 39 - LRB104 04748 BDA 14775 b
1		specify, on the record, the particular evidence and other
2		reasons which led to his or her determination that a motor
3		vehicle was used in the commission of the offense.
4		(c-7) In imposing a sentence for a Class 3 or 4 felony,
5		other than a violent crime as defined in Section 3 of the
6		Rights of Crime Victims and Witnesses Act, the court shall
7		determine and indicate in the sentencing order whether the
8		defendant has 4 or more or fewer than 4 months remaining on his
9		or her sentence accounting for time served.
10		(d) When the defendant is committed to the Department of
11		Corrections, the State's Attorney shall and counsel for the
12		defendant may file a statement with the clerk of the court to
13		be transmitted to the department, agency or institution to
14		which the defendant is committed to furnish such department,
15		agency or institution with the facts and circumstances of the
16		offense for which the person was committed together with all
17		other factual information accessible to them in regard to the
18		person prior to his commitment relative to his habits,
19		associates, disposition and reputation and any other facts and
20		circumstances which may aid such department, agency or
21		institution during its custody of such person. The clerk shall
22		within 10 days after receiving any such statements transmit a
23		copy to such department, agency or institution and a copy to
24		the other party, provided, however, that this shall not be
25		cause for delay in conveying the person to the department,
26		agency or institution to which he has been committed.

HB0850 Engrossed - 40 - LRB104 04748 BDA 14775 b
1		(e) The clerk of the court shall transmit to the
2		department, agency or institution, if any, to which the
3		defendant is committed, the following:
4		(1) the sentence imposed;
5		(2) any statement by the court of the basis for
6		imposing the sentence;
7		(3) any presentence reports;
8		(3.3) the person's last known complete street address
9		prior to incarceration or legal residence, the person's
10		race, whether the person is of Hispanic or Latino origin,
11		and whether the person is 18 years of age or older;
12		(3.5) any sex offender evaluations;
13		(3.6) any substance abuse treatment eligibility
14		screening and assessment of the defendant by an agent
15		designated by the State of Illinois to provide assessment
16		services for the Illinois courts;
17		(4) the number of days, if any, which the defendant
18		has been in custody and for which he is entitled to credit
19		against the sentence, which information shall be provided
20		to the clerk by the sheriff;
21		(4.1) any finding of great bodily harm made by the
22		court with respect to an offense enumerated in subsection
23		(c-1);
24		(5) all statements filed under subsection (d) of this
25		Section;
26		(6) any medical or mental health records or summaries

HB0850 Engrossed - 41 - LRB104 04748 BDA 14775 b
1		of the defendant;
2		(7) the municipality where the arrest of the offender
3		or the commission of the offense has occurred, where such
4		municipality has a population of more than 25,000 persons;
5		(8) all statements made and evidence offered under
6		paragraph (7) of subsection (a) of this Section; and
7		(9) all additional matters which the court directs the
8		clerk to transmit.
9		(f) In cases in which the court finds that a motor vehicle
10		was used in the commission of the offense for which the
11		defendant is being sentenced, the clerk of the court shall,
12		within 5 days thereafter, forward a report of such conviction
13		to the Secretary of State.
14		(g) In cases in which the court finds that a firearm with a
15		serial number reported as stolen on the Illinois State Police
16		publicly accessible database was used in the commission of the
17		offense for which the defendant is being sentenced, the clerk
18		of the court shall, within 5 days thereafter, forward a report
19		of such conviction to the Illinois State Police Division of
20		Justice Services.
21		(Source: P.A. 102-813, eff. 5-13-22; 103-18, eff. 1-1-24;
22		103-51, eff. 1-1-24; 103-605, eff. 7-1-24; 10400SB0008eng.)
23		Section 99. Effective date. This Act takes effect upon
24		becoming law, except that Sections 3 and 4 take effect on
25		January 1, 2026 and Section 6 takes effect upon becoming law or
26		on the date Senate Bill 8 of the 104th General Assembly takes

HB0850 Engrossed - 42 - LRB104 04748 BDA 14775 b
1		effect, whichever is later.