Sen. Gary Forby

Filed: 5/31/2013

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1 AMENDMENT TO HOUSE BILL 183

2 AMENDMENT NO. ______. Amend House Bill 183 by replacing

3 everything after the enacting clause with the following:

4 "Section 1. Short title. This Act may be cited as the

5 Firearm Concealed Carry Act.

6 Section 5. Definitions. As used in this Act:

7 "Applicant" means a person who is applying for a license to

8 carry a concealed firearm under this Act.

9 "Board" means the Concealed Carry Licensing Review Board.

10 "Concealed firearm" means a loaded or unloaded handgun

11 carried on or about a person completely or mostly concealed

12 from view of the public or on or about a person within a

13 vehicle.

14 "Department" means the Department of State Police.

15 "Director" means the Director of State Police.

16 "Handgun" means any device which is designed to expel a

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1 projectile or projectiles by the action of an explosion,

2 expansion of gas, or escape of gas that is designed to be held

3 and fired by the use of a single hand. "Handgun" does not

4 include:

5 (1) a stun gun or taser;

6 (2) a machine gun as defined in item (i) of paragraph

7 (7) of subsection (a) of Section 24-1 of the Criminal Code

8 of 2012;

9 (3) a short-barreled rifle or shotgun as defined in

10 item (ii) of paragraph (7) of subsection (a) of Section

11 24-1 of the Criminal Code of 2012; or

12 (4) any pneumatic gun, spring gun, paint ball gun, or

13 B-B gun which expels a single globular projectile not

14 exceeding .18 inch in diameter, or which has a maximum

15 muzzle velocity of less than 700 feet per second, or which

16 expels breakable paint balls containing washable marking

17 colors.

18 "Law enforcement agency" means any federal, State, or local

19 law enforcement agency, including offices of State's Attorneys

20 and the Office of the Attorney General.

21 "License" means a license issued by the Department of State

22 Police to carry a concealed handgun.

23 "Licensee" means a person issued a license to carry a

24 concealed handgun.

25 "Municipality" has the meaning ascribed to it in Section 1

26 of Article VII of the Illinois Constitution.

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1 "Unit of local government" has the meaning ascribed to it

2 in Section 1 of Article VII of the Illinois Constitution.

3 Section 10. Issuance of licenses to carry a concealed

4 firearm.

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

6 concealed firearm under this Act to an applicant who:

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

8 (2) has provided the application and documentation

9 required in Section 30 of this Act;

10 (3) has submitted the requisite fees; and

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

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

13 Concealed Carry Licensing Review Board in accordance with

14 Section 20.

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

16 duplicate license as provided in this Act.

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

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

19 permit the licensee to:

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

21 concealed or partially concealed, on or about his or her

22 person; and

23 (2) keep or carry a loaded or unloaded concealed

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

25 (d) The Department shall make applications for a license

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1 available no later than 180 days after the effective date of

2 this Act. The Department shall establish rules for the

3 availability and submission of applications in accordance with

4 this Act.

5 (e) An application for a license submitted to the

6 Department that contains all the information and materials

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

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

9 later than 90 days after receipt of a completed application,

10 the Department shall issue or deny the applicant a license.

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

12 the applicant fails to meet the requirements under this Act or

13 the Department receives a determination from the Board that the

14 applicant is ineligible for a license. The Department must

15 notify the applicant stating the grounds for the denial. The

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

17 to an appeal through administrative and judicial review.

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

19 licensee carries a concealed firearm except:

20 (1) when the licensee is carrying or possessing a

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

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

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

24 invitee with that person's permission;

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

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

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1 subsection (a-5) of that Section; or

2 (3) when the handgun is broken down in a

3 non-functioning state, is not immediately accessible, or

4 is unloaded and enclosed in a case.

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

6 investigative stop, including but not limited to a traffic

7 stop, of a licensee who is carrying a concealed firearm, upon

8 the request of the officer the licensee shall disclose to the

9 officer that he or she is in possession of a concealed firearm

10 under this Act, present the license upon the request of the

11 officer, and identify the location of the concealed firearm.

12 (i) The Department shall maintain a database of license

13 applicants and licensees. The database shall be available to

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

15 Attorneys, the Attorney General, and authorized court

16 personnel. Within 180 days after the effective date of this

17 Act, the database shall be searchable and provide all

18 information included in the application, including the

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

20 license application and any information related to violations

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

22 Attorney General, or member or staff of the judiciary shall

23 provide any information to a requester who is not entitled to

24 it by law.

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

26 application, the Department shall enter the relevant

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1 information about the applicant into the database under

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

3 enforcement agencies.

4 Section 15. Objections by law enforcement agencies.

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

6 license applicant based upon a reasonable suspicion that the

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

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

9 chief law enforcement officer of the law enforcement agency, or

10 his or her designee, and must include any information relevant

11 to the objection. If a law enforcement agency submits an

12 objection within 30 days after the entry of an applicant into

13 the database, the Department shall submit the objection and all

14 information related to the application to the Board within 10

15 days of completing all necessary background checks.

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

17 that have been entered into the Criminal History Records

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

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

20 within the 7 years preceding the date of application for a

21 license for any combination of gang-related offenses, the

22 Department shall object and submit the applicant's arrest

23 record, the application materials, and any additional

24 information submitted by a law enforcement agency to the Board.

25 For purposes of this subsection, "gang-related offense" is an

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1 offense described in Section 12-6.4, Section 24-1.8, Section

2 25-5, Section 33-4, or Section 33G-4, or in paragraph (1) of

3 subsection (a) of Section 12-6.2, paragraph (2) of subsection

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

5 Section 31-4, or item (iii) of paragraph (1.5) of subsection

6 (i) of Section 48-1 of the Criminal Code of 2012.

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

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

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

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

11 issues its decision.

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

13 the Department under this Section, the Department shall process

14 the application in accordance with this Act.

15 Section 20. Concealed Carry Licensing Review Board.

16 (a) There is hereby created a Concealed Carry Licensing

17 Review Board to consider any objection to an applicant's

18 eligibility to obtain a license under this Act submitted by a

19 law enforcement agency or the Department under Section 15 of

20 this Act. The Board shall consist of 7 commissioners to be

21 appointed by the Governor, with the advice and consent of the

22 Senate, with 3 commissioners residing within the First Judicial

23 District and one commissioner residing within each of the 4

24 remaining Judicial Districts. No more than 4 commissioners

25 shall be members of the same political party. The Governor

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1 shall designate one commissioner as the Chairperson. The Board

2 shall consist of:

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

4 as a federal judge;

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

6 serving as an attorney with the United States Department of

7 Justice;

8 (3) 3 commissioners with at least 5 years of experience

9 as a federal agent or employee with investigative

10 experience or duties related to criminal justice under the

11 United States Department of Justice, Drug Enforcement

12 Administration, Department of Homeland Security, or

13 Federal Bureau of Investigation; and

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

15 licensed physician or clinical psychologist with expertise

16 in the diagnosis and treatment of mental illness.

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

18 January 12, 2015. Thereafter, the commissioners shall hold

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

20 January of the fourth year. Commissioners may be reappointed.

21 Vacancies in the office of commissioner shall be filled in the

22 same manner as the original appointment, for the remainder of

23 the unexpired term. The Governor may remove a commissioner for

24 incompetence, neglect of duty, malfeasance, or inability to

25 serve. Commissioners shall receive compensation in an amount

26 equal to the compensation of members of the Executive Ethics

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1 Commission and may be reimbursed for reasonable expenses

2 actually incurred in the performance of their Board duties,

3 from funds appropriated for that purpose.

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

5 often as necessary to consider objections to applications for a

6 license under this Act. If necessary to ensure the

7 participation of a commissioner, the Board shall allow a

8 commissioner to participate in a Board meeting by electronic

9 communication. Any commissioner participating electronically

10 shall be deemed present for purposes of establishing a quorum

11 and voting.

12 (d) The Board shall adopt rules for the conduct of

13 hearings. The Board shall maintain a record of its decisions

14 and all materials considered in making its decisions. All Board

15 decisions and voting records shall be kept confidential and all

16 materials considered by the Board shall be exempt from

17 inspection except upon order of a court.

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

19 or the Department, the Board shall review the materials

20 received with the objection from the law enforcement agency or

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

22 Board may request additional information from the law

23 enforcement agency, Department, or the applicant, or the

24 testimony of the law enforcement agency, Department, or the

25 applicant. The Board may only consider information submitted by

26 the Department, a law enforcement agency, or the applicant. The

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1 Board shall review each objection and determine by a majority

2 of commissioners whether an applicant is eligible for a

3 license.

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

5 receipt of the objection from the Department. However, the

6 Board need not issue a decision within 30 days if:

7 (1) the Board requests information from the applicant

8 in accordance with subsection (e) of this Section, in which

9 case the Board shall make a decision within 30 days of

10 receipt of the required information from the applicant;

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

12 Board additional time to consider an objection; or

13 (3) the Board notifies the applicant and the Department

14 that the Board needs an additional 30 days to issue a

15 decision.

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

17 evidence that the applicant poses a danger to himself or

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

19 Board shall affirm the objection of the law enforcement agency

20 or the Department and shall notify the Department that the

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

22 determine by a preponderance of the evidence that the applicant

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

24 to public safety, then the Board shall notify the Department

25 that the applicant is eligible for a license.

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

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

2 the Freedom of Information Act.

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

4 General Assembly on the number of objections received and

5 provide details of the circumstances in which the Board has

6 determined to deny licensure based on law enforcement or

7 Department objections under Section 15 of this Act. The report

8 shall not contain any identifying information about the

9 applicants.

10 Section 25. Qualifications for a license.

11 The Department shall issue a license to an applicant

12 completing an application in accordance with Section 30 of this

13 Act if the person:

14 (1) is at least 21 years of age;

15 (2) has a currently valid Firearm Owner's

16 Identification Card and at the time of application meets

17 the requirements for the issuance of a Firearm Owner's

18 Identification Card and is not prohibited under the Firearm

19 Owners Identification Card Act or federal law from

20 possessing or receiving a firearm;

21 (3) has not been convicted or found guilty in this

22 State or in any other state of:

23 (A) a misdemeanor involving the use or threat of

24 physical force or violence to any person within the 5

25 years preceding the date of the license application; or

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1 (B) 2 or more violations related to driving while

2 under the influence of alcohol, other drug or drugs,

3 intoxicating compound or compounds, or any combination

4 thereof, within the 5 years preceding the date of the

5 license application; and

6 (4) is not the subject of a pending arrest warrant,

7 prosecution, or proceeding for an offense or action that

8 could lead to disqualification to own or possess a firearm;

9 (5) has not been in residential or court-ordered

10 treatment for alcoholism, alcohol detoxification, or drug

11 treatment within the 5 years immediately preceding the date

12 of the license application; and

13 (6) has completed firearms training and any education

14 component required under Section 75 of this Act.

15 Section 30. Contents of license application.

16 (a) The license application shall be in writing, under

17 penalty of perjury, on a standard form adopted by the

18 Department and shall be accompanied by the documentation

19 required in this Section and the applicable fee. Each

20 application form shall include the following statement printed

21 in bold type: "Warning: Entering false information on this form

22 is punishable as perjury under Section 32-2 of the Criminal

23 Code of 2012."

24 (b) The application shall contain the following:

25 (1) the applicant's name, current address, date and

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1 year of birth, place of birth, height, weight, hair color,

2 eye color, maiden name or any other name the applicant has

3 used or identified with, and any address where the

4 applicant resided for more than 30 days within the 10 years

5 preceding the date of the license application;

6 (2) the applicant's valid driver's license number or

7 valid state identification card number;

8 (3) a waiver of the applicant's privacy and

9 confidentiality rights and privileges under all federal

10 and state laws, including those limiting access to juvenile

11 court, criminal justice, psychological, or psychiatric

12 records or records relating to any institutionalization of

13 the applicant, and an affirmative request that a person

14 having custody of any of these records provide it or

15 information concerning it to the Department;

16 (4) an affirmation that the applicant possesses a

17 currently valid Firearm Owner's Identification Card and

18 card number if possessed or notice the applicant is

19 applying for a Firearm Owner's Identification Card in

20 conjunction with the license application;

21 (5) an affirmation that the applicant has not been

22 convicted or found guilty of:

23 (A) a felony;

24 (B) a misdemeanor involving the use or threat of

25 physical force or violence to any person within the 5

26 years preceding the date of the application; or

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1 (C) 2 or more violations related to driving while

2 under the influence of alcohol, other drug or drugs,

3 intoxicating compound or compounds, or any combination

4 thereof, within the 5 years preceding the date of the

5 license application; and

6 (6) whether the applicant has failed a drug test for a

7 drug for which the applicant did not have a prescription,

8 within the previous year, and if so, the provider of the

9 test, the specific substance involved, and the date of the

10 test;

11 (7) written consent for the Department to review and

12 use the applicant's Illinois digital driver's license or

13 Illinois identification card photograph and signature;

14 (8) a full set of fingerprints submitted to the

15 Department in electronic format, provided the Department

16 may accept an application submitted without a set of

17 fingerprints in which case the Department shall be granted

18 30 days in addition to the 90 days provided under

19 subsection (e) of Section 10 of this Act to issue or deny a

20 license;

21 (9) a head and shoulder color photograph in a size

22 specified by the Department taken within the 30 days

23 preceding the date of the license application; and

24 (10) a photocopy of any certificates or other evidence

25 of compliance with the training requirements under this

26 Act.

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1 Section 35. Investigation of the applicant.

2 The Department shall conduct a background check of the

3 applicant to ensure compliance with the requirements of this

4 Act and all federal, State, and local laws. The background

5 check shall include a search of the following:

6 (1) the National Instant Criminal Background Check

7 System of the Federal Bureau of Investigation;

8 (2) all available state and local criminal history

9 record information files, including records of juvenile

10 adjudications;

11 (3) all available federal, state, and local records

12 regarding wanted persons;

13 (4) all available federal, state, and local records of

14 domestic violence restraining and protective orders;

15 (5) the files of the Department of Human Services

16 relating to mental health and developmental disabilities;

17 and

18 (6) all other available records of a federal, state, or

19 local agency or other public entity in any jurisdiction

20 likely to contain information relevant to whether the

21 applicant is prohibited from purchasing, possessing, or

22 carrying a firearm under federal, state, or local law.

23 (7) Fingerprints collected under Section 30 shall be

24 checked against the Department of State Police and Federal

25 Bureau of Investigation criminal history record databases

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1 now and hereafter filed. The Department shall charge

2 applicants a fee for conducting the criminal history

3 records check, which shall be deposited in the State Police

4 Services Fund and shall not exceed the actual cost of the

5 records check.

6 Section 40. Non-resident license applications.

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

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

9 days and resides in another state or territory.

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

11 license applications from any state or territory of the United

12 States with laws related to firearm ownership, possession, and

13 carrying, that are substantially similar to the requirements to

14 obtain a license under this Act.

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

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

17 non-resident license. The applicant shall apply to the

18 Department and must meet all of the qualifications established

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

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

21 Section 4 of the Firearm Owners Identification Card Act. The

22 applicant shall submit:

23 (1) the application and documentation required under

24 Section 30 of this Act and the applicable fee;

25 (2) a notarized document stating that the applicant:

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

2 his or her state or territory of residence to own or

3 possess a firearm;

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

5 a firearm or concealed firearm issued by his or her

6 state or territory of residence and attach a copy of

7 the license or permit to the application;

8 (C) understands Illinois laws pertaining to the

9 possession and transport of firearms, and

10 (D) acknowledges that the applicant is subject to

11 the jurisdiction of the Department and Illinois courts

12 for any violation of this Act; and

13 (3) a photocopy of any certificates or other evidence

14 of compliance with the training requirements under Section

15 75 of this Act; and

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

17 specified by the Department taken within the 30 days

18 preceding the date of the application.

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

20 identification card, a non-resident applicant shall provide

21 similar documentation from his or her state or territory of

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

23 Card, the applicant shall submit documentation and information

24 required by the Department to obtain a Firearm Owner's

25 Identification Card, including an affidavit that the

26 non-resident meets the mental health standards to obtain a

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1 firearm under Illinois law, and the Department shall ensure

2 that the applicant would meet the eligibility criteria to

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

4 resident of this State.

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

6 transporting a concealed firearm within his or her vehicle in

7 Illinois, if the concealed firearm remains within his or her

8 vehicle and the non-resident:

9 (1) is not prohibited from owning or possessing a

10 firearm under federal law;

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

12 laws of his or her state or territory of residence; and

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

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

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

16 locked container within the vehicle in accordance with

17 subsection (b) of Section 65 of this Act.

18 Section 45. Civil immunity; Board, employees, and agents.

19 The Board, Department, local law enforcement agency, or the

20 employees and agents of the Board, Department, or local law

21 enforcement agency participating in the licensing process

22 under this Act shall not be held liable for damages in any

23 civil action arising from alleged wrongful or improper

24 granting, denying, renewing, revoking, suspending, or failing

25 to grant, deny, renew, revoke, or suspend a license under this

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1 Act, except for willful or wanton misconduct.

2 Section 50. License renewal.

3 Applications for renewal of a license shall be made to the

4 Department. A license shall be renewed for a period of 5 years

5 upon receipt of a completed renewal application, completion of

6 3 hours of training required under Section 75 of this Section,

7 payment of the applicable renewal fee, and completion of an

8 investigation under Section 35 of this Act. The renewal

9 application shall contain the information required in Section

10 30 of this Act, except that the applicant need not resubmit a

11 full set of fingerprints.

12 Section 55. Change of address or name; lost, destroyed, or

13 stolen licenses.

14 (a) A licensee shall notify the Department within 30 days

15 of moving or changing residence or any change of name. The

16 licensee shall submit:

17 (1) a notarized statement that the licensee has changed

18 his or her residence or his or her name, including the

19 prior and current address or name and the date the

20 applicant moved or changed his or her name; and

21 (2) the requisite fee.

22 (b) A licensee shall notify the Department within 10 days

23 of discovering that a license has been lost, destroyed, or

24 stolen. A lost, destroyed, or stolen license is invalid. To

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1 request a replacement license, the licensee shall submit:

2 (1) a notarized statement that the licensee no longer

3 possesses the license, and that it was lost, destroyed, or

4 stolen;

5 (2) if applicable, a copy of a police report stating

6 that the license was stolen; and

7 (3) the requisite fee.

8 (c) A violation of this Section is a petty offense with a

9 fine of $150 which shall be deposited into the Mental Health

10 Reporting Fund.

11 Section 60. Fees.

12 (a) All fees collected under this Act shall be deposited as

13 provided in this Section. Application, renewal, and

14 replacement fees shall be non-refundable.

15 (b) An applicant for a new license or a renewal shall

16 submit $150 with the application, of which $120 shall be

17 apportioned to the State Police Firearm Services Fund, $20

18 shall be apportioned to the Mental Health Reporting Fund, and

19 $10 shall be apportioned to the State Crime Laboratory Fund.

20 (c) A non-resident applicant for a new license or renewal

21 shall submit $300 with the application, of which $250 shall be

22 apportioned to the State Police Firearm Services Fund, $40

23 shall be apportioned to the Mental Health Reporting Fund, and

24 $10 shall be apportioned to the State Crime Laboratory Fund.

25 (d) A licensee requesting a new license in accordance with

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1 Section 55 shall submit $75, of which $60 shall be apportioned

2 to the State Police Firearm Services Fund, $5 shall be

3 apportioned to the Mental Health Reporting Fund, and $10 shall

4 be apportioned to the State Crime Laboratory Fund.

5 Section 65. Prohibited areas.

6 (a) A licensee under this Act shall not knowingly carry a

7 firearm on or into:

8 (1) Any building, real property, and parking area under

9 the control of a public or private elementary or secondary

10 school.

11 (2) Any building, real property, and parking area under

12 the control of a pre-school or child care facility,

13 including any room or portion of a building under the

14 control of a pre-school or child care facility. Nothing in

15 this paragraph shall prevent the operator of a child care

16 facility in a family home from owning or possessing a

17 firearm in the home or license under this Act, if no child

18 under child care at the home is present in the home or the

19 firearm in the home is stored in a locked container when a

20 child under child care at the home is present in the home.

21 (3) Any building, parking area, or portion of a

22 building under the control of an officer of the executive

23 or legislative branch of government, provided that nothing

24 in this paragraph shall prohibit a licensee from carrying a

25 concealed firearm onto the real property, bikeway, or trail

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1 in a park regulated by the Department of Natural Resources

2 or any other designated public hunting area or building

3 where firearm possession is permitted as established by the

4 Department of Natural Resources under Section 1.8 of the

5 Wildlife Code.

6 (4) Any building designated for matters before a

7 circuit court, appellate court, or the Supreme Court, or

8 any building or portion of a building under the control of

9 the Supreme Court.

10 (5) Any building or portion of a building under the

11 control of a unit of local government.

12 (6) Any building, real property, and parking area under

13 the control of an adult or juvenile detention or

14 correctional institution, prison, or jail.

15 (7) Any building, real property, and parking area under

16 the control of a public or private hospital or hospital

17 affiliate, mental health facility, or nursing home.

18 (8) Any bus, train, or form of transportation paid for

19 in whole or in part with public funds, and any building,

20 real property, and parking area under the control of a

21 public transportation facility paid for in whole or in part

22 with public funds.

23 (9) Any building, real property, and parking area under

24 the control of an establishment that serves alcohol on its

25 premises, if more than 50% of the establishment's gross

26 receipts within the prior 3 months is from the sale of

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1 alcohol. The owner of an establishment who knowingly fails

2 to prohibit concealed firearms on its premises as provided

3 in this paragraph or who knowingly makes a false statement

4 or record to avoid the prohibition on concealed firearms

5 under this paragraph is subject to the penalty under

6 subsection (c-5) of Section 10-1 of the Liquor Control Act

7 of 1934.

8 (10) Any public gathering or special event conducted on

9 property open to the public that requires the issuance of a

10 permit from the unit of local government, provided this

11 prohibition shall not apply to a licensee who must walk

12 through a public gathering in order to access his or her

13 residence, place of business, or vehicle.

14 (11) Any building or real property that has been issued

15 a Special Event Retailer's license as defined in Section

16 1-3.17.1 of the Liquor Control Act during the time

17 designated for the sale of alcohol by the Special Event

18 Retailer's license, or a Special use permit license as

19 defined in subsection (q) of Section 5-1 of the Liquor

20 Control Act during the time designated for the sale of

21 alcohol by the Special use permit license.

22 (12) Any public playground.

23 (13) Any public park, athletic area, or athletic

24 facility under the control of a municipality or park

25 district, provided nothing in this Section shall prohibit a

26 licensee from carrying a concealed firearm while on a trail

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1 or bikeway if only a portion of the trail or bikeway

2 includes a public park.

3 (14) Any real property under the control of the Cook

4 County Forest Preserve District.

5 (15) Any building, classroom, laboratory, medical

6 clinic, hospital, artistic venue, athletic venue,

7 entertainment venue, officially recognized

8 university-related organization property, whether owned or

9 leased, and any real property, including parking areas,

10 sidewalks, and common areas under the control of a public

11 or private community college, college, or university.

12 (16) Any building, real property, or parking area under

13 the control of a gaming facility licensed under the

14 Riverboat Gambling Act or the Illinois Horse Racing Act of

15 1975, including an inter-track wagering location licensee.

16 (17) Any stadium, arena, or the real property or

17 parking area under the control of a stadium, arena, or any

18 collegiate or professional sporting event.

19 (18) Any building, real property, or parking area under

20 the control of a public library.

21 (19) Any building, real property, or parking area under

22 the control of an airport.

23 (20) Any building, real property, or parking area under

24 the control of an amusement park.

25 (21) Any building, real property, or parking area under

26 the control of a zoo or museum.

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1 (22) Any street, driveway, parking area, property,

2 building, or facility, owned, leased, controlled, or used

3 by a nuclear energy, storage, weapons, or development site

4 or facility regulated by the federal Nuclear Regulatory

5 Commission. The licensee shall not under any circumstance

6 store a firearm or ammunition in his or her vehicle or in a

7 compartment or container within a vehicle located anywhere

8 in or on the street, driveway, parking area, property,

9 building, or facility described in this paragraph.

10 (23) Any area where firearms are prohibited under

11 federal law.

12 (a-5) Nothing in this Act shall prohibit a public or

13 private community college, college, or university from:

14 (1) prohibiting persons from carrying a firearm within

15 a vehicle owned, leased, or controlled by the college or

16 university;

17 (2) developing resolutions, regulations, or policies

18 regarding student, employee, or visitor misconduct and

19 discipline, including suspension and expulsion;

20 (3) developing resolutions, regulations, or policies

21 regarding the storage or maintenance of firearms, which

22 must include designated areas where persons can park

23 vehicles that carry firearms; and

24 (4) permitting the carrying or use of firearms for the

25 purpose of instruction and curriculum of officially

26 recognized programs, including but not limited to military

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1 science and law enforcement training programs, or in any

2 designated area used for hunting purposes or target

3 shooting.

4 (a-10) The owner of private real property of any type may

5 prohibit the carrying of concealed firearms on the property

6 under his or her control. The owner must post a sign in

7 accordance with subsection (d) of this Section indicating that

8 firearms are prohibited on the property, unless the property is

9 a private residence.

10 (b) Notwithstanding subsections (a), (a-5), and (a-10) of

11 this Section except under paragraph (22) or (23) of subsection

12 (a), any licensee prohibited from carrying a concealed firearm

13 into the parking area of a prohibited location specified in

14 subsection (a), (a-5), or (a-10) of this Section shall be

15 permitted to carry a concealed firearm on or about his or her

16 person within a vehicle into the parking area and may store a

17 firearm or ammunition concealed in a case within a locked

18 vehicle or locked container out of plain view within the

19 vehicle in the parking area. A licensee may carry a concealed

20 firearm in the immediate area surrounding his or her vehicle

21 within a prohibited parking lot area only for the limited

22 purpose of storing or retrieving a firearm within the vehicle's

23 trunk, provided the licensee ensures the concealed firearm is

24 unloaded prior to exiting the vehicle. For purposes of this

25 subsection, "case" includes a glove compartment or console that

26 completely encloses the concealed firearm or ammunition, the

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1 trunk of the vehicle, or a firearm carrying box, shipping box,

2 or other container.

3 (c) A licensee shall not be in violation of this Section

4 while he or she is traveling along a public right of way that

5 touches or crosses any of the premises under subsection (a),

6 (a-5), or (a-10) of this Section if the concealed firearm is

7 carried on his or her person in accordance with the provisions

8 of this Act or is being transported in a vehicle by the

9 licensee in accordance with all other applicable provisions of

10 law.

11 (d) Signs stating that the carrying of firearms is

12 prohibited shall be clearly and conspicuously posted at the

13 entrance of a building, premises, or real property specified in

14 this Section as a prohibited area, unless the building or

15 premises is a private residence. Signs shall be of a uniform

16 design as established by the Department and shall be 4 inches

17 by 6 inches in size. The Department shall adopt rules for

18 standardized signs to be used under this subsection.

19 Section 70. Violations.

20 (a) A license issued or renewed under this Act shall be

21 revoked if, at any time, the licensee is found to be ineligible

22 for a license under this Act or the licensee no longer meets

23 the eligibility requirements of the Firearm Owners

24 Identification Card Act.

25 (b) A license shall be suspended if an order of protection,

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1 including an emergency order of protection, plenary order of

2 protection, or interim order of protection under Article 112A

3 of the Code of Criminal Procedure of 1963 or under the Illinois

4 Domestic Violence Act of 1986, is issued against a licensee for

5 the duration of the order, or if the Department is made aware

6 of a similar order issued against the licensee in any other

7 jurisdiction. If an order of protection is issued against a

8 licensee, the licensee shall surrender the license, as

9 applicable, to the court at the time the order is entered or to

10 the law enforcement agency or entity serving process at the

11 time the licensee is served the order. The court, law

12 enforcement agency, or entity responsible for serving the order

13 of protection shall notify the Department within 7 days and

14 transmit the license to the Department.

15 (c) A license is invalid upon expiration of the license,

16 unless the licensee has submitted an application to renew the

17 license, and the applicant is otherwise eligible to possess a

18 license under this Act.

19 (d) A licensee shall not carry a concealed firearm while

20 under the influence of alcohol, other drug or drugs,

21 intoxicating compound or combination of compounds, or any

22 combination thereof, under the standards set forth in

23 subsection (a) of Section 11-501 of the Illinois Vehicle Code.

24 A licensee in violation of this subsection (d) shall be

25 guilty of a Class A misdemeanor for a first or second violation

26 and a Class 4 felony for a third violation. The Department may

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1 suspend a license for up to 6 months for a second violation and

2 shall permanently revoke a license for a third violation.

3 (e) Except as otherwise provided, a licensee in violation

4 of this Act shall be guilty of a Class B misdemeanor. A second

5 or subsequent violation is a Class A misdemeanor. The

6 Department may suspend a license for up to 6 months for a

7 second violation and shall permanently revoke a license for 3

8 or more violations of Section 65 of this Act. Any person

9 convicted of a violation under this Section shall pay a $150

10 fee to be deposited into the Mental Health Reporting Fund, plus

11 any applicable court costs or fees.

12 (f) A licensee convicted or found guilty of a violation of

13 this Act who has a valid license and is otherwise eligible to

14 carry a concealed firearm shall only be subject to the

15 penalties under this Section and shall not be subject to the

16 penalties under Section 21-6, paragraph (4), (8), or (10) of

17 subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)

18 of paragraph (3) of subsection (a) of Section 24-1.6 of the

19 Criminal Code of 2012. Except as otherwise provided in this

20 subsection, nothing in this subsection prohibits the licensee

21 from being subjected to penalties for violations other than

22 those specified in this Act.

23 (g) A licensee whose license is revoked, suspended, or

24 denied shall, within 48 hours of receiving notice of the

25 revocation, suspension, or denial surrender his or her

26 concealed carry license to the local law enforcement agency

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1 where the person resides. The local law enforcement agency

2 shall provide the licensee a receipt and transmit the concealed

3 carry license to the Department of State Police. If the

4 licensee whose concealed carry license has been revoked,

5 suspended, or denied fails to comply with the requirements of

6 this subsection, the law enforcement agency where the person

7 resides may petition the circuit court to issue a warrant to

8 search for and seize the concealed carry license in the

9 possession and under the custody or control of the licensee

10 whose concealed carry license has been revoked, suspended, or

11 denied. The observation of a concealed carry license in the

12 possession of a person whose license has been revoked,

13 suspended, or denied constitutes a sufficient basis for the

14 arrest of that person for violation of this subsection. A

15 violation of this subsection is a Class A misdemeanor.

16 (h) A license issued or renewed under this Act shall be

17 revoked if, at any time, the licensee is found ineligible for a

18 Firearm Owner's Identification Card, or the licensee no longer

19 possesses a valid Firearm Owner's Identification Card. A

20 licensee whose license is revoked under this subsection (h)

21 shall surrender his or her concealed carry license as provided

22 for in subsection (g) of this Section.

23 This subsection shall not apply to a person who has filed

24 an application with the State Police for renewal of a Firearm

25 Owner's Identification Card and who is not otherwise ineligible

26 to obtain a Firearm Owner's Identification Card.

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1 Section 75. Applicant firearm training.

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

3 Department shall begin approval of firearm training courses and

4 shall make a list of approved courses available of the

5 Department's website.

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

7 completion of a firearms training course or combination of

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

9 includes range qualification time under subsection (c) of this

10 Section, that covers the following:

11 (1) firearm safety;

12 (2) the basic principles of marksmanship;

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

14 concealable firearm;

15 (4) all applicable State and federal laws relating to

16 the ownership, storage, carry, and transportation of a

17 firearm; and

18 (5) instruction on the appropriate and lawful

19 interaction with law enforcement while transporting or

20 carrying a concealed firearm.

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

22 certification by a certified instructor that the applicant

23 passed a live fire exercise with a concealable firearm

24 consisting of:

25 (1) a minimum of 30 rounds; and

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1 (2) 10 rounds from a distance of 5 yards; 10 rounds

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

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

4 Department.

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

6 proof of completion of a firearms training course or

7 combination of courses approved by the Department of at least 3

8 hours.

9 (e) A certificate of completion for an applicant firearm

10 training course shall not be issued to a student who:

11 (1) does not follow the orders of the certified

12 firearms instructor;

13 (2) in the judgment of the certified instructor,

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

15 student or to others; or

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

17 hit the target with 70% of the rounds fired.

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

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

20 available upon demand of authorized personnel of the

21 Department.

22 (g) The Department and certified firearms instructor shall

23 recognize up to 8 hours of training already completed toward

24 the 16 hour training requirement under this Section if the

25 training course is approved by the Department and recognized

26 under the laws of another state. Any remaining hours that the

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1 applicant completes must at least cover the classroom subject

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

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

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

5 active law enforcement officer, a person certified as a

6 firearms instructor by this Act or by the Illinois Law

7 Enforcement Training Standards Board, or a person who has

8 completed the required training and has been issued a firearm

9 control card by the Department of Financial and Professional

10 Regulation shall be exempt from the requirements of this

11 Section.

12 (i) The Department shall accept 8 hours of training as

13 completed toward the 16 hour training requirement under this

14 Section, if the applicant is an active, retired, or honorably

15 discharged member of the United States Armed Forces.

16 Section 80. Firearms instructor training.

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

18 Department shall begin approval of certified firearms

19 instructors and enter certified firearms instructors into an

20 online registry on the Department's website.

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

22 shall not teach applicant training courses or advertise or

23 otherwise represent courses they teach as qualifying their

24 students to meet the requirements to receive a license under

25 this Act. Each violation of this subsection is a business

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

2 (c) A person seeking to become a certified firearms

3 instructor shall:

4 (1) be at least 21 years of age;

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

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

7 and any additional uniformly applied requirements

8 established by the Department.

9 (d) A person seeking to become a certified firearms

10 instructor trainer, in addition to the requirements of

11 subsection (c) of this Section, shall:

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

13 and

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

15 instructor certifications:

16 (A) certification from a law enforcement agency;

17 (B) certification from a firearm instructor course

18 offered by a State or federal governmental agency;

19 (C) certification from a firearm instructor

20 qualification course offered by the Illinois Law

21 Enforcement Training Standards Board; or

22 (D) certification from an entity approved by the

23 Department that offers firearm instructor education

24 and training in the use and safety of firearms.

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

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

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1 requirements to obtain a license under this Act, provides false

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

3 instructor certification revoked or denied by the Department.

4 Section 85. Background Checks for Sales.

5 A license to carry a concealed firearm issued by this

6 State shall not exempt the licensee from the requirements of a

7 background check, including a check of the National Instant

8 Criminal Background Check System, upon purchase or transfer of

9 a firearm.

10 Section 87. Administrative and judicial review.

11 (a) Whenever an application for a concealed carry license

12 is denied, whenever the Department fails to act on an

13 application within 90 days of its receipt, or whenever a

14 license is revoked or suspended as provided in this Act, the

15 aggrieved party may appeal to the Director for a hearing upon

16 the denial, revocation, suspension, or failure to act on the

17 application, unless the denial was made by the Concealed Carry

18 Licensing Review Board, in which case the aggrieved party may

19 petition the circuit court in writing in the county of his or

20 her residence for a hearing upon the denial.

21 (b) All final administrative decisions of the Department or

22 the Concealed Carry Licensing Review Board under this Act shall

23 be subject to judicial review under the provisions of the

24 Administrative Review Law. The term "administrative decision"

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1 is defined as in Section 3-101 of the Code of Civil Procedure.

2 Section 90. Preemption.

3 The regulation, licensing, possession, registration, and

4 transportation of concealed handguns and ammunition for

5 concealed handguns by licensees are exclusive powers and

6 functions of the State. Any ordinance or regulation, or portion

7 thereof, enacted on or before the effective date of this Act

8 that purports to impose regulations or restrictions on

9 licensees or concealed handguns and ammunition for concealed

10 handguns in a manner inconsistent with this Act shall be

11 invalid in its application to licensees under this Act on the

12 effective date of this Act. This Section is a denial and

13 limitation of home rule powers and functions under subsection

14 (h) of Section 6 of Article VII of the Illinois Constitution.

15 Section 92. Consolidation of concealed carry license and

16 Firearm Owner's Identification Card.

17 (a) The Director shall create a task force to develop a

18 plan to incorporate and consolidate the concealed carry license

19 under this Act and the Firearm Owner's Identification Card

20 under the Firearm Owners Identification Card Act into a

21 designation on the Illinois driver's license or Illinois

22 identification card of a person with authority to possess a

23 firearm under the Firearm Owners Identification Card Act, or

24 authority to possess a firearm under the Firearm Owners

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1 Identification Card Act and authority to carry a concealed

2 firearm under this Act. The plan must provide for an

3 alternative card for:

4 (1) a non-resident or a resident without an Illinois

5 driver's license or Illinois identification card, who has

6 been granted authority under this Act to carry a concealed

7 firearm in this State; and

8 (2) a resident without an Illinois driver's license or

9 Illinois identification card, who has been granted

10 authority to possess a firearm under the Firearm Owners

11 Identification Card Act.

12 The plan shall include statutory changes necessary to

13 implement it.

14 (b) The task force shall consist of the following members:

15 (1) one member appointed by the Speaker of the House of

16 Representatives;

17 (2) one member appointed by the House of

18 Representatives Minority Leader;

19 (3) one member appointed by the President of the

20 Senate;

21 (4) one member appointed by the Senate Minority Leader;

22 (5) one member appointed by the Secretary of State;

23 (6) one member appointed by the Director of State

24 Police;

25 (7) one member appointed by the Speaker of the House of

26 Representatives representing the National Rifle

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1 Association;

2 (8) one member appointed by the Governor from the

3 Department of Natural Resources; and

4 (9) one member appointed by the Governor representing

5 the Chicago Police Department.

6 The task force shall elect a chairperson from its

7 membership. Members shall serve without compensation.

8 (c) The task force shall file the plan supported by a

9 majority of its members with the General Assembly and the

10 Secretary of State on or before March 1, 2014.

11 (d) This Section is repealed on March 2, 2014.

12 Section 95. Procurement; rulemaking.

13 (a) The Department of State Police, in consultation with

14 and subject to the approval of the Chief Procurement Officer,

15 may procure a single contract or multiple contracts to

16 implement the provisions of this Act. A contract or contracts

17 under this paragraph are not subject to the provisions of the

18 Illinois Procurement Code, except for Sections 20-60, 20-65,

19 20-70, and 20-160 and Article 50 of that Code, provided that

20 the Chief Procurement Officer may, in writing with

21 justification, waive any certification required under Article

22 50. This exemption shall be repealed one year from the

23 effective date of this Act.

24 (b) The Department shall adopt rules to implement the

25 provisions of this Act. The Department may adopt rules

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1 necessary to implement the provisions of this Act through the

2 use of emergency rulemaking in accordance with Section 5-45 of

3 the Illinois Administrative Procedure Act for a period not to

4 exceed 180 days after the effective date of this Act.

5 Section 100. Short title. Sections 100 through 110 may be

6 cited as the School Administrator Reporting of Mental Health

7 Clear and Present Danger Determinations Law.

8 Section 105. Duty of school administrator. It is the duty

9 of the principal of a public elementary or secondary school, or

10 his or her designee, and the chief administrative officer of a

11 private elementary or secondary school or a public or private

12 community college, college, or university, or his or her

13 designee, to report to the Department of State Police when a

14 student is determined to pose a clear and present danger to

15 himself, herself, or to others, within 24 hours of the

16 determination as provided in Section 6-103.3 of the Mental

17 Health and Developmental Disabilities Code. "Clear and present

18 danger" has the meaning as provided in paragraph (2) of the

19 definition of "clear and present danger" in Section 1.1 of the

20 Firearm Owners Identification Card Act.

21 Section 110. Immunity. A principal or chief administrative

22 officer, or the designee of a principal of chief administrative

23 officer, making the determination and reporting under Section

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1 105 of this Law shall not be held criminally, civilly, or

2 professionally liable, except for willful or wanton

3 misconduct.

4 Section 115. The Open Meetings Act is amended by changing

5 Section 2 as follows:

6 (5 ILCS 120/2) (from Ch. 102, par. 42)

7 Sec. 2. Open meetings.

8 (a) Openness required. All meetings of public bodies shall

9 be open to the public unless excepted in subsection (c) and

10 closed in accordance with Section 2a.

11 (b) Construction of exceptions. The exceptions contained

12 in subsection (c) are in derogation of the requirement that

13 public bodies meet in the open, and therefore, the exceptions

14 are to be strictly construed, extending only to subjects

15 clearly within their scope. The exceptions authorize but do not

16 require the holding of a closed meeting to discuss a subject

17 included within an enumerated exception.

18 (c) Exceptions. A public body may hold closed meetings to

19 consider the following subjects:

20 (1) The appointment, employment, compensation,

21 discipline, performance, or dismissal of specific

22 employees of the public body or legal counsel for the

23 public body, including hearing testimony on a complaint

24 lodged against an employee of the public body or against

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1 legal counsel for the public body to determine its

2 validity.

3 (2) Collective negotiating matters between the public

4 body and its employees or their representatives, or

5 deliberations concerning salary schedules for one or more

6 classes of employees.

7 (3) The selection of a person to fill a public office,

8 as defined in this Act, including a vacancy in a public

9 office, when the public body is given power to appoint

10 under law or ordinance, or the discipline, performance or

11 removal of the occupant of a public office, when the public

12 body is given power to remove the occupant under law or

13 ordinance.

14 (4) Evidence or testimony presented in open hearing, or

15 in closed hearing where specifically authorized by law, to

16 a quasi-adjudicative body, as defined in this Act, provided

17 that the body prepares and makes available for public

18 inspection a written decision setting forth its

19 determinative reasoning.

20 (5) The purchase or lease of real property for the use

21 of the public body, including meetings held for the purpose

22 of discussing whether a particular parcel should be

23 acquired.

24 (6) The setting of a price for sale or lease of

25 property owned by the public body.

26 (7) The sale or purchase of securities, investments, or

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1 investment contracts. This exception shall not apply to the

2 investment of assets or income of funds deposited into the

3 Illinois Prepaid Tuition Trust Fund.

4 (8) Security procedures and the use of personnel and

5 equipment to respond to an actual, a threatened, or a

6 reasonably potential danger to the safety of employees,

7 students, staff, the public, or public property.

8 (9) Student disciplinary cases.

9 (10) The placement of individual students in special

10 education programs and other matters relating to

11 individual students.

12 (11) Litigation, when an action against, affecting or

13 on behalf of the particular public body has been filed and

14 is pending before a court or administrative tribunal, or

15 when the public body finds that an action is probable or

16 imminent, in which case the basis for the finding shall be

17 recorded and entered into the minutes of the closed

18 meeting.

19 (12) The establishment of reserves or settlement of

20 claims as provided in the Local Governmental and

21 Governmental Employees Tort Immunity Act, if otherwise the

22 disposition of a claim or potential claim might be

23 prejudiced, or the review or discussion of claims, loss or

24 risk management information, records, data, advice or

25 communications from or with respect to any insurer of the

26 public body or any intergovernmental risk management

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1 association or self insurance pool of which the public body

2 is a member.

3 (13) Conciliation of complaints of discrimination in

4 the sale or rental of housing, when closed meetings are

5 authorized by the law or ordinance prescribing fair housing

6 practices and creating a commission or administrative

7 agency for their enforcement.

8 (14) Informant sources, the hiring or assignment of

9 undercover personnel or equipment, or ongoing, prior or

10 future criminal investigations, when discussed by a public

11 body with criminal investigatory responsibilities.

12 (15) Professional ethics or performance when

13 considered by an advisory body appointed to advise a

14 licensing or regulatory agency on matters germane to the

15 advisory body's field of competence.

16 (16) Self evaluation, practices and procedures or

17 professional ethics, when meeting with a representative of

18 a statewide association of which the public body is a

19 member.

20 (17) The recruitment, credentialing, discipline or

21 formal peer review of physicians or other health care

22 professionals for a hospital, or other institution

23 providing medical care, that is operated by the public

24 body.

25 (18) Deliberations for decisions of the Prisoner

26 Review Board.

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1 (19) Review or discussion of applications received

2 under the Experimental Organ Transplantation Procedures

3 Act.

4 (20) The classification and discussion of matters

5 classified as confidential or continued confidential by

6 the State Government Suggestion Award Board.

7 (21) Discussion of minutes of meetings lawfully closed

8 under this Act, whether for purposes of approval by the

9 body of the minutes or semi-annual review of the minutes as

10 mandated by Section 2.06.

11 (22) Deliberations for decisions of the State

12 Emergency Medical Services Disciplinary Review Board.

13 (23) The operation by a municipality of a municipal

14 utility or the operation of a municipal power agency or

15 municipal natural gas agency when the discussion involves

16 (i) contracts relating to the purchase, sale, or delivery

17 of electricity or natural gas or (ii) the results or

18 conclusions of load forecast studies.

19 (24) Meetings of a residential health care facility

20 resident sexual assault and death review team or the

21 Executive Council under the Abuse Prevention Review Team

22 Act.

23 (25) Meetings of an independent team of experts under

24 Brian's Law.

25 (26) Meetings of a mortality review team appointed

26 under the Department of Juvenile Justice Mortality Review

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1 Team Act.

2 (27) Confidential information, when discussed by one

3 or more members of an elder abuse fatality review team,

4 designated under Section 15 of the Elder Abuse and Neglect

5 Act, while participating in a review conducted by that team

6 of the death of an elderly person in which abuse or neglect

7 is suspected, alleged, or substantiated; provided that

8 before the review team holds a closed meeting, or closes an

9 open meeting, to discuss the confidential information,

10 each participating review team member seeking to disclose

11 the confidential information in the closed meeting or

12 closed portion of the meeting must state on the record

13 during an open meeting or the open portion of a meeting the

14 nature of the information to be disclosed and the legal

15 basis for otherwise holding that information confidential.

16 (28) Correspondence and records (i) that may not be

17 disclosed under Section 11-9 of the Public Aid Code or (ii)

18 that pertain to appeals under Section 11-8 of the Public

19 Aid Code.

20 (29) Meetings between internal or external auditors

21 and governmental audit committees, finance committees, and

22 their equivalents, when the discussion involves internal

23 control weaknesses, identification of potential fraud risk

24 areas, known or suspected frauds, and fraud interviews

25 conducted in accordance with generally accepted auditing

26 standards of the United States of America.

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1 (30) Meetings and deliberations for decisions of the

2 Concealed Carry Licensing Review Board under the Firearm

3 Concealed Carry Act.

4 (d) Definitions. For purposes of this Section:

5 "Employee" means a person employed by a public body whose

6 relationship with the public body constitutes an

7 employer-employee relationship under the usual common law

8 rules, and who is not an independent contractor.

9 "Public office" means a position created by or under the

10 Constitution or laws of this State, the occupant of which is

11 charged with the exercise of some portion of the sovereign

12 power of this State. The term "public office" shall include

13 members of the public body, but it shall not include

14 organizational positions filled by members thereof, whether

15 established by law or by a public body itself, that exist to

16 assist the body in the conduct of its business.

17 "Quasi-adjudicative body" means an administrative body

18 charged by law or ordinance with the responsibility to conduct

19 hearings, receive evidence or testimony and make

20 determinations based thereon, but does not include local

21 electoral boards when such bodies are considering petition

22 challenges.

23 (e) Final action. No final action may be taken at a closed

24 meeting. Final action shall be preceded by a public recital of

25 the nature of the matter being considered and other information

26 that will inform the public of the business being conducted.

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1 (Source: P.A. 96-1235, eff. 1-1-11; 96-1378, eff. 7-29-10;

2 96-1428, eff. 8-11-10; 97-318, eff. 1-1-12; 97-333, eff.

3 8-12-11; 97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876,

4 eff. 8-1-12.)

5 Section 120. The Freedom of Information Act is amended by

6 changing Section 7.5 as follows:

7 (5 ILCS 140/7.5)

8 Sec. 7.5. Statutory Exemptions. To the extent provided for

9 by the statutes referenced below, the following shall be exempt

10 from inspection and copying:

11 (a) All information determined to be confidential under

12 Section 4002 of the Technology Advancement and Development Act.

13 (b) Library circulation and order records identifying

14 library users with specific materials under the Library Records

15 Confidentiality Act.

16 (c) Applications, related documents, and medical records

17 received by the Experimental Organ Transplantation Procedures

18 Board and any and all documents or other records prepared by

19 the Experimental Organ Transplantation Procedures Board or its

20 staff relating to applications it has received.

21 (d) Information and records held by the Department of

22 Public Health and its authorized representatives relating to

23 known or suspected cases of sexually transmissible disease or

24 any information the disclosure of which is restricted under the

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1 Illinois Sexually Transmissible Disease Control Act.

2 (e) Information the disclosure of which is exempted under

3 Section 30 of the Radon Industry Licensing Act.

4 (f) Firm performance evaluations under Section 55 of the

5 Architectural, Engineering, and Land Surveying Qualifications

6 Based Selection Act.

7 (g) Information the disclosure of which is restricted and

8 exempted under Section 50 of the Illinois Prepaid Tuition Act.

9 (h) Information the disclosure of which is exempted under

10 the State Officials and Employees Ethics Act, and records of

11 any lawfully created State or local inspector general's office

12 that would be exempt if created or obtained by an Executive

13 Inspector General's office under that Act.

14 (i) Information contained in a local emergency energy plan

15 submitted to a municipality in accordance with a local

16 emergency energy plan ordinance that is adopted under Section

17 11-21.5-5 of the Illinois Municipal Code.

18 (j) Information and data concerning the distribution of

19 surcharge moneys collected and remitted by wireless carriers

20 under the Wireless Emergency Telephone Safety Act.

21 (k) Law enforcement officer identification information or

22 driver identification information compiled by a law

23 enforcement agency or the Department of Transportation under

24 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 review

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1 team or the Executive Council under the Abuse Prevention Review

2 Team Act.

3 (m) Information provided to the predatory lending database

4 created pursuant to Article 3 of the Residential Real Property

5 Disclosure Act, except to the extent authorized under that

6 Article.

7 (n) Defense budgets and petitions for certification of

8 compensation and expenses for court appointed trial counsel as

9 provided under Sections 10 and 15 of the Capital Crimes

10 Litigation Act. This subsection (n) shall apply until the

11 conclusion of the trial of the case, even if the prosecution

12 chooses not to pursue the death penalty prior to trial or

13 sentencing.

14 (o) Information that is prohibited from being disclosed

15 under Section 4 of the Illinois Health and Hazardous Substances

16 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 the

21 Regional Transportation Authority Act or the St. Clair County

22 Transit District under the Bi-State Transit Safety Act.

23 (q) Information prohibited from being disclosed by the

24 Personnel Records Review Act.

25 (r) Information prohibited from being disclosed by the

26 Illinois School Student Records Act.

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1 (s) Information the disclosure of which is restricted under

2 Section 5-108 of the Public Utilities Act.

3 (t) All identified or deidentified health information in

4 the form of health data or medical records contained in, stored

5 in, submitted to, transferred by, or released from the Illinois

6 Health Information Exchange, and identified or deidentified

7 health information in the form of health data and medical

8 records of the Illinois Health Information Exchange in the

9 possession of the Illinois Health Information Exchange

10 Authority due to its administration of the Illinois Health

11 Information Exchange. The terms "identified" and

12 "deidentified" shall be given the same meaning as in the Health

13 Insurance Accountability and Portability Act of 1996, Public

14 Law 104-191, or any subsequent amendments thereto, and any

15 regulations promulgated thereunder.

16 (u) Records and information provided to an independent team

17 of experts under Brian's Law.

18 (v) Names and information of people who have applied for or

19 received Firearm Owner's Identification Cards under the

20 Firearm Owners Identification Card Act or applied for or

21 received a concealed carry license under the Firearm Concealed

22 Carry Act, unless otherwise authorized by the Firearm Concealed

23 Carry Act; and databases under the Firearm Concealed Carry Act,

24 records of the Concealed Carry Licensing Review Board under the

25 Firearm Concealed Carry Act, and law enforcement agency

26 objections under the Firearm Concealed Carry Act.

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1 (w) Personally identifiable information which is exempted

2 from disclosure under subsection (g) of Section 19.1 of the

3 Toll Highway Act.

4 (x) Information which is exempted from disclosure under

5 Section 5-1014.3 of the Counties Code or Section 8-11-21 of the

6 Illinois Municipal Code.

7 (Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;

8 96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff.

9 8-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976,

10 eff. 1-1-13.)

11 Section 122. The Secretary of State Act is amended by

12 adding Section 13.5 as follows:

13 (15 ILCS 305/13.5 new)

14 Sec. 13.5. Department of State Police access to driver's

15 license and identification card photographs.

16 The Secretary of State shall allow the Department of State

17 Police to access the driver's license or Illinois

18 Identification card photograph, if available, of an applicant

19 for a firearm concealed carry license under the Firearm

20 Concealed Carry Act for the purpose of identifying the firearm

21 concealed carry license applicant and issuing a license to the

22 applicant.

23 Section 125. The Department of State Police Law of the

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1 Civil Administrative Code of Illinois is amended by changing

2 Section 2605-300 and by adding Section 2605-595 as follows:

3 (20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)

4 Sec. 2605-300. Records; crime laboratories; personnel. To

5 do the following:

6 (1) Be a central repository and custodian of criminal

7 statistics for the State.

8 (2) Be a central repository for criminal history record

9 information.

10 (3) Procure and file for record information that is

11 necessary and helpful to plan programs of crime prevention,

12 law enforcement, and criminal justice.

13 (4) Procure and file for record copies of fingerprints

14 that may be required by law.

15 (5) Establish general and field crime laboratories.

16 (6) Register and file for record information that may

17 be required by law for the issuance of firearm owner's

18 identification cardsunder the Firearm Owners

19 Identification Card Act and concealed carry licenses under

20 the Firearm Concealed Carry Act.

21 (7) Employ polygraph operators, laboratory

22 technicians, and other specially qualified persons to aid

23 in the identification of criminal activity.

24 (8) Undertake other identification, information,

25 laboratory, statistical, or registration activities that

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1 may be required by law.

2 (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,

3 eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,

4 eff. 8-14-98; 91-239, eff. 1-1-00.)

5 (20 ILCS 2605/2605-595 new)

6 Sec. 2605-595. State Police Firearm Services Fund.

7 (a) There is created in the State treasury a special fund

8 known as the State Police Firearm Services Fund. The Fund shall

9 receive revenue under the Firearm Concealed Carry Act and

10 Section 5 of the Firearm Owners Identification Card Act. The

11 Fund may also receive revenue from grants, pass-through grants,

12 donations, appropriations, and any other legal source.

13 (b) The Department of State Police may use moneys in the

14 Fund to finance any of its lawful purposes, mandates,

15 functions, and duties under the Firearm Owners Identification

16 Card Act and the Firearm Concealed Carry Act, including the

17 cost of sending notices of expiration of Firearm Owner's

18 Identification Cards, concealed carry licenses, the prompt and

19 efficient processing of applications under the Firearm Owners

20 Identification Card Act and the Firearm Concealed Carry Act,

21 the improved efficiency and reporting of the LEADS and federal

22 NICS law enforcement data systems, and support for

23 investigations required under these Acts and law. Any surplus

24 funds beyond what is needed to comply with the aforementioned

25 purposes shall be used by the Department to improve the Law

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1 Enforcement Agencies Data System (LEADS) and criminal history

2 background check system.

3 (c) Investment income that is attributable to the

4 investment of moneys in the Fund shall be retained in the Fund

5 for the uses specified in this Section.

6 Section 130. The State Finance Act is amended by adding

7 Sections 5.826, 5.827, and 6z-98 as follows:

8 (30 ILCS 105/5.826 new)

9 Sec. 5.826. The Mental Health Reporting Fund.

10 (30 ILCS 105/5.827 new)

11 Sec. 5.827. The State Police Firearm Services Fund.

12 (30 ILCS 105/6z-98 new)

13 Sec. 6z-98. 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 Fund

17 may also receive revenue from grants, pass-through grants,

18 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

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1 possession prohibitors are enforced as set forth under the

2 Firearm Concealed Carry Act and the Firearm Owners

3 Identification Card Act. Any surplus in the Fund beyond what is

4 necessary to ensure compliance with mental health reporting

5 under these Acts shall be used by the Department of Human

6 Services for mental health treatment programs.

7 (c) Investment income that is attributable to the

8 investment of moneys in the Fund shall be retained in the Fund

9 for the uses specified in this Section.

10 (30 ILCS 105/5.206 rep.)

11 Section 135. The State Finance Act is amended by repealing

12 Section 5.206.

13 Section 140. The Illinois Explosives Act is amended by

14 changing Section 2005 as follows:

15 (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)

16 Sec. 2005. Qualifications for licensure.

17 (a) No person shall qualify to hold a license who:

18 (1) is under 21 years of age;

19 (2) has been convicted in any court of a crime

20 punishable by imprisonment for a term exceeding one year;

21 (3) is under indictment for a crime punishable by

22 imprisonment for a term exceeding one year;

23 (4) is a fugitive from justice;

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1 (5) is an unlawful user of or addicted to any

2 controlled substance as defined in Section 102 of the

3 federal Controlled Substances Act (21 U.S.C. Sec. 802 et

4 seq.);

5 (6) has been adjudicated a mentally disabled person as

6 defined in Section 1.1 of the Firearm Owners Identification

7 Card Act ~~mental defective~~; or

8 (7) is not a legal citizen of the United States.

9 (b) A person who has been granted a "relief from

10 disabilities" regarding criminal convictions and indictments,

11 pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.

12 845) may receive a license provided all other qualifications

13 under this Act are met.

14 (Source: P.A. 96-1194, eff. 1-1-11.)

15 Section 142. The Liquor Control Act of 1934 is amended by

16 changing Section 10-1 as follows:

17 (235 ILCS 5/10-1) (from Ch. 43, par. 183)

18 Sec. 10-1. Violations; penalties. Whereas a substantial

19 threat to the sound and careful control, regulation, and

20 taxation of the manufacture, sale, and distribution of

21 alcoholic liquors exists by virtue of individuals who

22 manufacture, import, distribute, or sell alcoholic liquors

23 within the State without having first obtained a valid license

24 to do so, and whereas such threat is especially serious along

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1 the borders of this State, and whereas such threat requires

2 immediate correction by this Act, by active investigation and

3 prosecution by law enforcement officials and prosecutors, and

4 by prompt and strict enforcement through the courts of this

5 State to punish violators and to deter such conduct in the

6 future:

7 (a) Any person who manufactures, imports for distribution

8 or use, or distributes or sells alcoholic liquor at any place

9 within the State without having first obtained a valid license

10 to do so under the provisions of this Act shall be guilty of a

11 business offense and fined not more than $1,000 for the first

12 such offense and shall be guilty of a Class 4 felony for each

13 subsequent offense.

14 (b) (1) Any retailer, licensed in this State, who knowingly

15 causes to furnish, give, sell, or otherwise being within the

16 State, any alcoholic liquor destined to be used, distributed,

17 consumed or sold in another state, unless such alcoholic liquor

18 was received in this State by a duly licensed distributor, or

19 importing distributors shall have his license suspended for 7

20 days for the first offense and for the second offense, shall

21 have his license revoked by the Commission.

22 (2) In the event the Commission receives a certified copy

23 of a final order from a foreign jurisdiction that an Illinois

24 retail licensee has been found to have violated that foreign

25 jurisdiction's laws, rules, or regulations concerning the

26 importation of alcoholic liquor into that foreign

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1 jurisdiction, the violation may be grounds for the Commission

2 to revoke, suspend, or refuse to issue or renew a license, to

3 impose a fine, or to take any additional action provided by

4 this Act with respect to the Illinois retail license or

5 licensee. Any such action on the part of the Commission shall

6 be in accordance with this Act and implementing rules.

7 For the purposes of paragraph (2): (i) "foreign

8 jurisdiction" means a state, territory, or possession of the

9 United States, the District of Columbia, or the Commonwealth of

10 Puerto Rico, and (ii) "final order" means an order or judgment

11 of a court or administrative body that determines the rights of

12 the parties respecting the subject matter of the proceeding,

13 that remains in full force and effect, and from which no appeal

14 can be taken.

15 (c) Any person who shall make any false statement or

16 otherwise violates any of the provisions of this Act in

17 obtaining any license hereunder, or who having obtained a

18 license hereunder shall violate any of the provisions of this

19 Act with respect to the manufacture, possession, distribution

20 or sale of alcoholic liquor, or with respect to the maintenance

21 of the licensed premises, or shall violate any other provision

22 of this Act, shall for a first offense be guilty of a petty

23 offense and fined not more than $500, and for a second or

24 subsequent offense shall be guilty of a Class B misdemeanor.

25 (c-5) Any owner of an establishment that serves alcohol on

26 its premises, if more than 50% of the establishment's gross

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1 receipts within the prior 3 months is from the sale of alcohol,

2 who knowingly fails to prohibit concealed firearms on its

3 premises or who knowingly makes a false statement or record to

4 avoid the prohibition of concealed firearms on its premises

5 under the Firearm Concealed Carry Act shall be guilty of a

6 business offense with a fine up to $5,000.

7 (d) Each day any person engages in business as a

8 manufacturer, foreign importer, importing distributor,

9 distributor or retailer in violation of the provisions of this

10 Act shall constitute a separate offense.

11 (e) Any person, under the age of 21 years who, for the

12 purpose of buying, accepting or receiving alcoholic liquor from

13 a licensee, represents that he is 21 years of age or over shall

14 be guilty of a Class A misdemeanor.

15 (f) In addition to the penalties herein provided, any

16 person licensed as a wine-maker in either class who

17 manufactures more wine than authorized by his license shall be

18 guilty of a business offense and shall be fined $1 for each

19 gallon so manufactured.

20 (g) A person shall be exempt from prosecution for a

21 violation of this Act if he is a peace officer in the

22 enforcement of the criminal laws and such activity is approved

23 in writing by one of the following:

24 (1) In all counties, the respective State's Attorney;

25 (2) The Director of State Police under Section 2605-10,

26 2605-15, 2605-75, 2605-100, 2605-105, 2605-110, 2605-115,

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1 2605-120, 2605-130, 2605-140, 2605-190, 2605-200,

2 2605-205, 2605-210, 2605-215, 2605-250, 2605-275,

3 2605-300, 2605-305, 2605-315, 2605-325, 2605-335,

4 2605-340, 2605-350, 2605-355, 2605-360, 2605-365,

5 2605-375, 2605-390, 2605-400, 2605-405, 2605-420,

6 2605-430, 2605-435, 2605-500, 2605-525, or 2605-550 of the

7 Department of State Police Law (20 ILCS 2605/2605-10,

8 2605/2605-15, 2605/2605-75, 2605/2605-100, 2605/2605-105,

9 2605/2605-110, 2605/2605-115, 2605/2605-120,

10 2605/2605-130, 2605/2605-140, 2605/2605-190,

11 2605/2605-200, 2605/2605-205, 2605/2605-210,

12 2605/2605-215, 2605/2605-250, 2605/2605-275,

13 2605/2605-300, 2605/2605-305, 2605/2605-315,

14 2605/2605-325, 2605/2605-335, 2605/2605-340,

15 2605/2605-350, 2605/2605-355, 2605/2605-360,

16 2605/2605-365, 2605/2605-375, 2605/2605-390,

17 2605/2605-400, 2605/2605-405, 2605/2605-420,

18 2605/2605-430, 2605/2605-435, 2605/2605-500,

19 2605/2605-525, or 2605/2605-550); or

20 (3) In cities over 1,000,000, the Superintendent of

21 Police.

22 (Source: P.A. 90-739, eff. 8-13-98; 91-239, eff. 1-1-00.)

23 Section 145. The Mental Health and Developmental

24 Disabilities Code is amended by changing Section 6-103.1 and by

25 adding Sections 6-103.2 and 6-103.3 as follows:

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1 (405 ILCS 5/6-103.1)

2 Sec. 6-103.1. Adjudication as a mentally disabled person

3 ~~mental defective~~.

4 When a person has been adjudicated as a mentally disabled

5 person ~~mental defective~~ as defined in Section 1.1 of the

6 Firearm Owners Identification Card Act, including, but not

7 limited to, an adjudication as a disabled person as defined in

8 Section 11a-2 of the Probate Act of 1975, the court shall

9 direct the circuit court clerk to~~immediately~~notify the

10 Department of State Police, Firearm Owner's Identification

11 (FOID) Office, in a form and manner prescribed by the

12 Department of State Police, and shall forward a copy of the

13 court order to the Department no later than 7 days after the

14 entry of the order. Upon receipt of the order, the Department

15 of State Police shall provide notification to the National

16 Instant Criminal Background Check System.

17 (Source: P.A. 97-1131, eff. 1-1-13.)

18 (405 ILCS 5/6-103.2 new)

19 Sec. 6-103.2. Developmental disability; notice.

20 For purposes of this Section, if a person is determined to

21 be developmentally disabled as defined in Section 1.1 of the

22 Firearm Owners Identification Card Act by a physician, clinical

23 psychologist, or qualified examiner, whether practicing at a

24 public or by a private mental health facility or developmental

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1 disability facility, the physician, clinical psychologist, or

2 qualified examiner shall notify the Department of Human

3 Services within 24 hours of making the determination that the

4 person has a developmental disability. The Department of Human

5 Services shall immediately update its records and information

6 relating to mental health and developmental disabilities, and

7 if appropriate, shall notify the Department of State Police in

8 a form and manner prescribed by the Department of State Police.

9 Information disclosed under this Section shall remain

10 privileged and confidential, and shall not be redisclosed,

11 except as required under subsection (e) of Section 3.1 of the

12 Firearm Owners Identification Card Act, nor used for any other

13 purpose. The method of providing this information shall

14 guarantee that the information is not released beyond that

15 which is necessary for the purpose of this Section and shall be

16 provided by rule by the Department of Human Services. The

17 identity of the person reporting under this Section shall not

18 be disclosed to the subject of the report.

19 The physician, clinical psychologist, or qualified

20 examiner making the determination and his or her employer may

21 not be held criminally, civilly, or professionally liable for

22 making or not making the notification required under this

23 Section, except for willful or wanton misconduct.

24 (405 ILCS 5/6-103.3 new)

25 Sec. 6-103.3. Clear and present danger; notice.

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1 If a person is determined to pose a clear and present

2 danger to himself, herself, or to others by a physician,

3 clinical psychologist, or qualified examiner, whether employed

4 by the State, by any public or private mental health facility

5 or part thereof, or by a law enforcement official or a school

6 administrator, then the physician, clinical psychologist,

7 qualified examiner shall notify the Department of Human

8 Services and a law enforcement official or school administrator

9 shall notify the Department of State Police, within 24 hours of

10 making the determination that the person poses a clear and

11 present danger. The Department of Human Services shall

12 immediately update its records and information relating to

13 mental health and developmental disabilities, and if

14 appropriate, shall notify the Department of State Police in a

15 form and manner prescribed by the Department of State Police.

16 Information disclosed under this Section shall remain

17 privileged and confidential, and shall not be redisclosed,

18 except as required under subsection (e) of Section 3.1 of the

19 Firearm Owners Identification Card Act, nor used for any other

20 purpose. The method of providing this information shall

21 guarantee that the information is not released beyond that

22 which is necessary for the purpose of this Section and shall be

23 provided by rule by the Department of Human Services. The

24 identity of the person reporting under this Section shall not

25 be disclosed to the subject of the report. The physician,

26 clinical psychologist, qualified examiner, law enforcement

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1 official, or school administrator making the determination and

2 his or her employer shall not be held criminally, civilly, or

3 professionally liable for making or not making the notification

4 required under this Section, except for willful or wanton

5 misconduct. This Section does not apply to a law enforcement

6 official, if making the notification under this Section will

7 interfere with an ongoing or pending criminal investigation.

8 For the purposes of this Section:

9 "Clear and present danger" has the meaning ascribed to

10 it in Section 1.1 of the Firearm Owners Identification Card

11 Act.

12 "School administrator" means the person required to

13 report under the School Administrator Reporting of Mental

14 Health Clear and Present Danger Determinations Law.

15 Section 150. The Firearm Owners Identification Card Act is

16 amended by changing Sections 1.1, 3.1, 4, 5, 8, 8.1, 9, 10,

17 13.1, and 13.2 and by adding Sections 5.1 and 9.5 as follows:

18 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)

19 (Text of Section before amendment by P.A. 97-1167)

20 Sec. 1.1. For purposes of this Act:

21 "Addicted to narcotics" means a person who has been:

22 (1) convicted of an offense involving the use or

23 possession of cannabis, a controlled substance, or

24 methamphetamine within the past year; or

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1 (2) determined by the Department of State Police to be

2 addicted to narcotics based upon federal law or federal

3 guidelines.

4 "Addicted to narcotics" does not include possession or use

5 of a prescribed controlled substance under the direction and

6 authority of a physician or other person authorized to

7 prescribe the controlled substance when the controlled

8 substance is used in the prescribed manner.

9 "Adjudicated ~~Has been adjudicated~~ as a mentally disabled

10 person ~~mental defective~~" means the person is the subject of a

11 determination by a court, board, commission or other lawful

12 authority that the ~~a~~ person, as a result of marked subnormal

13 intelligence, or mental illness, mental impairment,

14 incompetency, condition, or disease:

15 (1) presents a clear and present ~~is a~~ danger to

16 himself, herself, or to others;

17 (2) lacks the mental capacity to manage his or her own

18 affairs or is adjudicated a disabled person as defined in

19 Section 11a-2 of the Probate Act of 1975;

20 (3) is not guilty in a criminal case by reason of

21 insanity, mental disease or defect;

22 (3.5) is guilty but mentally ill, as provided in

23 Section 5-2-6 of the Unified Code of Corrections;

24 (4) is incompetent to stand trial in a criminal case;

25 (5) is not guilty by reason of lack of mental

26 responsibility under ~~pursuant~~ to Articles 50a and 72b of

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1 the Uniform Code of Military Justice, 10 U.S.C. 850a,

2 876b; ~~.~~

3 (6) is a sexually violent person under subsection (f)

4 of Section 5 of the Sexually Violent Persons Commitment

5 Act;

6 (7) has been found to be a sexually dangerous person

7 under the Sexually Dangerous Persons Act;

8 (8) is unfit to stand trial under the Juvenile Court

9 Act of 1987;

10 (9) is not guilty by reason of insanity under the

11 Juvenile Court Act of 1987;

12 (10) is subject to involuntary admission as an

13 inpatient as defined in Section 1-119 of the Mental Health

14 and Development Disabilities Code;

15 (11) is subject to involuntary admission as an

16 outpatient as defined in Section 1-119.1 of the Mental

17 Health and Developmental Disabilities Code;

18 (12) is subject to judicial admission as set forth in

19 Section 4-500 of the Mental Health and Developmental

20 Disabilities Code; or

21 (13) is subject to the provisions of the Interstate

22 Agreements on Sexually Dangerous Persons Act.

23 "Clear and present danger" means a person who:

24 (1) communicates a serious threat of physical violence

25 against a reasonably identifiable victim or poses a clear

26 and imminent risk of serious physical injury to himself,

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1 herself, or another person as determined by a physician,

2 clinical psychologist, or qualified examiner; or

3 (2) demonstrates threatening physical or verbal

4 behavior, such as violent, suicidal, or assaultive

5 threats, actions, or other behavior, as determined by a

6 physician, clinical psychologist, qualified examiner,

7 school administrator, or law enforcement official.

8 "Clinical psychologist" has the meaning provided in

9 Section 1-103 of the Mental Health and Developmental

10 Disabilities Code.

11 "Controlled substance" means a controlled substance or

12 controlled substance analog as defined in the Illinois

13 Controlled Substances Act.

14 "Counterfeit" means to copy or imitate, without legal

15 authority, with intent to deceive.

16 "Developmentally disabled" means a disability which is

17 attributable to any other condition which results in impairment

18 similar to that caused by an intellectual disability and which

19 requires services similar to those required by intellectually

20 disabled persons. The disability must originate before the age

21 of 18 years, be expected to continue indefinitely, and

22 constitute a substantial handicap.

23 "Federally licensed firearm dealer" means a person who is

24 licensed as a federal firearms dealer under Section 923 of the

25 federal Gun Control Act of 1968 (18 U.S.C. 923).

26 "Firearm" means any device, by whatever name known, which

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1 is designed to expel a projectile or projectiles by the action

2 of an explosion, expansion of gas or escape of gas; excluding,

3 however:

4 (1) any pneumatic gun, spring gun, paint ball gun, or

5 B-B gun which expels a single globular projectile not

6 exceeding .18 inch in diameter or which has a maximum

7 muzzle velocity of less than 700 feet per second;

8 (1.1) any pneumatic gun, spring gun, paint ball gun, or

9 B-B gun which expels breakable paint balls containing

10 washable marking colors;

11 (2) any device used exclusively for signalling or

12 safety and required or recommended by the United States

13 Coast Guard or the Interstate Commerce Commission;

14 (3) any device used exclusively for the firing of stud

15 cartridges, explosive rivets or similar industrial

16 ammunition; and

17 (4) an antique firearm (other than a machine-gun)

18 which, although designed as a weapon, the Department of

19 State Police finds by reason of the date of its

20 manufacture, value, design, and other characteristics is

21 primarily a collector's item and is not likely to be used

22 as a weapon.

23 "Firearm ammunition" means any self-contained cartridge or

24 shotgun shell, by whatever name known, which is designed to be

25 used or adaptable to use in a firearm; excluding, however:

26 (1) any ammunition exclusively designed for use with a

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1 device used exclusively for signalling or safety and

2 required or recommended by the United States Coast Guard or

3 the Interstate Commerce Commission; and

4 (2) any ammunition designed exclusively for use with a

5 stud or rivet driver or other similar industrial

6 ammunition.

7 "Gun show" means an event or function:

8 (1) at which the sale and transfer of firearms is the

9 regular and normal course of business and where 50 or more

10 firearms are displayed, offered, or exhibited for sale,

11 transfer, or exchange; or

12 (2) at which not less than 10 gun show vendors display,

13 offer, or exhibit for sale, sell, transfer, or exchange

14 firearms.

15 "Gun show" includes the entire premises provided for an

16 event or function, including parking areas for the event or

17 function, that is sponsored to facilitate the purchase, sale,

18 transfer, or exchange of firearms as described in this Section.

19 "Gun show" does not include training or safety classes,

20 competitive shooting events, such as rifle, shotgun, or handgun

21 matches, trap, skeet, or sporting clays shoots, dinners,

22 banquets, raffles, or any other event where the sale or

23 transfer of firearms is not the primary course of business.

24 "Gun show promoter" means a person who organizes or

25 operates a gun show.

26 "Gun show vendor" means a person who exhibits, sells,

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1 offers for sale, transfers, or exchanges any firearms at a gun

2 show, regardless of whether the person arranges with a gun show

3 promoter for a fixed location from which to exhibit, sell,

4 offer for sale, transfer, or exchange any firearm.

5 "Intellectually disabled" means significantly subaverage

6 general intellectual functioning which exists concurrently

7 with impairment in adaptive behavior and which originates

8 before the age of 18 years.

9 "Involuntarily admitted" has the meaning as prescribed in

10 Sections 1-119 and 1-119.1 of the Mental Health and

11 Developmental Disabilities Code.

12 "Mental health facility" means any licensed private

13 hospital or hospital affiliate, institution, or facility, or

14 part thereof, and any facility, or part thereof, operated by

15 the State or a political subdivision thereof which provide

16 treatment of persons with mental illness and includes all

17 hospitals, institutions, clinics, evaluation facilities,

18 mental health centers, colleges, universities, long-term care

19 facilities, and nursing homes, or parts thereof, which provide

20 treatment of persons with mental illness whether or not the

21 primary purpose is to provide treatment of persons with mental

22 illness.

23 "Patient" means:

24 (1) a person who voluntarily receives mental health

25 treatment as an in-patient or resident of any public or

26 private mental health facility, unless the treatment was

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1 solely for an alcohol abuse disorder and no other secondary

2 substance abuse disorder or mental illness; or

3 (2) a person who voluntarily receives mental health

4 treatment as an out-patient or is provided services by a

5 public or private mental health facility, and who poses a

6 clear and present danger to himself, herself, or to others.

7 "Physician" has the meaning as defined in Section 1-120 of

8 the Mental Health and Developmental Disabilities Code.

9 "Qualified examiner" has the meaning provided in Section

10 1-122 of the Mental Health and Developmental Disabilities Code.

11 "Sanctioned competitive shooting event" means a shooting

12 contest officially recognized by a national or state shooting

13 sport association, and includes any sight-in or practice

14 conducted in conjunction with the event.

15 "School administrator" means the person required to report

16 under the School Administrator Reporting of Mental Health Clear

17 and Present Danger Determinations Law.

18 "Stun gun or taser" has the meaning ascribed to it in

19 Section 24-1 of the Criminal Code of 2012.

20 (Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13.)

21 (Text of Section after amendment by P.A. 97-1167)

22 Sec. 1.1. For purposes of this Act:

23 "Addicted to narcotics" means a person who has been:

24 (1) convicted of an offense involving the use or

25 possession of cannabis, a controlled substance, or

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1 methamphetamine within the past year; or

2 (2) determined by the Department of State Police to be

3 addicted to narcotics based upon federal law or federal

4 guidelines.

5 "Addicted to narcotics" does not include possession or use

6 of a prescribed controlled substance under the direction and

7 authority of a physician or other person authorized to

8 prescribe the controlled substance when the controlled

9 substance is used in the prescribed manner.

10 "Adjudicated ~~Has been adjudicated~~ as a mentally disabled

11 person ~~mental defective~~" means the person is the subject of a

12 determination by a court, board, commission or other lawful

13 authority that the ~~a~~ person, as a result of marked subnormal

14 intelligence, or mental illness, mental impairment,

15 incompetency, condition, or disease:

16 (1) presents a clear and present ~~is a~~ danger to

17 himself, herself, or to others;

18 (2) lacks the mental capacity to manage his or her own

19 affairs or is adjudicated a disabled person as defined in

20 Section 11a-2 of the Probate Act of 1975;

21 (3) is not guilty in a criminal case by reason of

22 insanity, mental disease or defect;

23 (3.5) is guilty but mentally ill, as provided in

24 Section 5-2-6 of the Unified Code of Corrections;

25 (4) is incompetent to stand trial in a criminal case;

26 (5) is not guilty by reason of lack of mental

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1 responsibility under ~~pursuant to~~ Articles 50a and 72b of

2 the Uniform Code of Military Justice, 10 U.S.C. 850a,

3 876b; ~~.~~

4 (6) is a sexually violent person under subsection (f)

5 of Section 5 of the Sexually Violent Persons Commitment

6 Act;

7 (7) is a sexually dangerous person under the Sexually

8 Dangerous Persons Act;

9 (8) is unfit to stand trial under the Juvenile Court

10 Act of 1987;

11 (9) is not guilty by reason of insanity under the

12 Juvenile Court Act of 1987;

13 (10) is subject to involuntary admission as an

14 inpatient as defined in Section 1-119 of the Mental Health

15 and Development Disabilities Code;

16 (11) is subject to involuntary admission as an

17 outpatient as defined in Section 1-119.1 of the Mental

18 Health and Developmental Disabilities Code;

19 (12) is subject to judicial admission as set forth in

20 Section 4-500 of the Mental Health and Developmental

21 Disabilities Code; or

22 (13) is subject to the provisions of the Interstate

23 Agreements on Sexually Dangerous Persons Act.

24 "Clear and present danger" means a person who:

25 (1) communicates a serious threat of physical violence

26 against a reasonably identifiable victim or poses a clear

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1 and imminent risk of serious physical injury to himself,

2 herself, or another person as determined by a physician,

3 clinical psychologist, or qualified examiner; or

4 (2) demonstrates threatening physical or verbal

5 behavior, such as violent, suicidal, or assaultive

6 threats, actions, or other behavior, as determined by a

7 physician, clinical psychologist, qualified examiner,

8 school administrator, or law enforcement official.

9 "Clinical psychologist" has the meaning provided in

10 Section 1-103 of the Mental Health and Developmental

11 Disabilities Code.

12 "Controlled substance" means a controlled substance or

13 controlled substance analog as defined in the Illinois

14 Controlled Substances Act.

15 "Counterfeit" means to copy or imitate, without legal

16 authority, with intent to deceive.

17 "Developmentally disabled" means a disability which is

18 attributable to any other condition which results in impairment

19 similar to that caused by an intellectual disability and which

20 requires services similar to those required by intellectually

21 disabled persons. The disability must originate before the age

22 of 18 years, be expected to continue indefinitely, and

23 constitute a substantial handicap.

24 "Federally licensed firearm dealer" means a person who is

25 licensed as a federal firearms dealer under Section 923 of the

26 federal Gun Control Act of 1968 (18 U.S.C. 923).

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1 "Firearm" means any device, by whatever name known, which

2 is designed to expel a projectile or projectiles by the action

3 of an explosion, expansion of gas or escape of gas; excluding,

4 however:

5 (1) any pneumatic gun, spring gun, paint ball gun, or

6 B-B gun which expels a single globular projectile not

7 exceeding .18 inch in diameter or which has a maximum

8 muzzle velocity of less than 700 feet per second;

9 (1.1) any pneumatic gun, spring gun, paint ball gun, or

10 B-B gun which expels breakable paint balls containing

11 washable marking colors;

12 (2) any device used exclusively for signalling or

13 safety and required or recommended by the United States

14 Coast Guard or the Interstate Commerce Commission;

15 (3) any device used exclusively for the firing of stud

16 cartridges, explosive rivets or similar industrial

17 ammunition; and

18 (4) an antique firearm (other than a machine-gun)

19 which, although designed as a weapon, the Department of

20 State Police finds by reason of the date of its

21 manufacture, value, design, and other characteristics is

22 primarily a collector's item and is not likely to be used

23 as a weapon.

24 "Firearm ammunition" means any self-contained cartridge or

25 shotgun shell, by whatever name known, which is designed to be

26 used or adaptable to use in a firearm; excluding, however:

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1 (1) any ammunition exclusively designed for use with a

2 device used exclusively for signalling or safety and

3 required or recommended by the United States Coast Guard or

4 the Interstate Commerce Commission; and

5 (2) any ammunition designed exclusively for use with a

6 stud or rivet driver or other similar industrial

7 ammunition.

8 "Gun show" means an event or function:

9 (1) at which the sale and transfer of firearms is the

10 regular and normal course of business and where 50 or more

11 firearms are displayed, offered, or exhibited for sale,

12 transfer, or exchange; or

13 (2) at which not less than 10 gun show vendors display,

14 offer, or exhibit for sale, sell, transfer, or exchange

15 firearms.

16 "Gun show" includes the entire premises provided for an

17 event or function, including parking areas for the event or

18 function, that is sponsored to facilitate the purchase, sale,

19 transfer, or exchange of firearms as described in this Section.

20 "Gun show" does not include training or safety classes,

21 competitive shooting events, such as rifle, shotgun, or handgun

22 matches, trap, skeet, or sporting clays shoots, dinners,

23 banquets, raffles, or any other event where the sale or

24 transfer of firearms is not the primary course of business.

25 "Gun show promoter" means a person who organizes or

26 operates a gun show.

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1 "Gun show vendor" means a person who exhibits, sells,

2 offers for sale, transfers, or exchanges any firearms at a gun

3 show, regardless of whether the person arranges with a gun show

4 promoter for a fixed location from which to exhibit, sell,

5 offer for sale, transfer, or exchange any firearm.

6 "Intellectually disabled" means significantly subaverage

7 general intellectual functioning which exists concurrently

8 with impairment in adaptive behavior and which originates

9 before the age of 18 years.

10 "Involuntarily admitted" has the meaning as prescribed in

11 Sections 1-119 and 1-119.1 of the Mental Health and

12 Developmental Disabilities Code.

13 "Mental health facility ~~institution~~" means any licensed

14 private hospital or hospital affiliate, institution, or

15 facility, or part thereof, and any facility, or part thereof,

16 operated by the State or a political subdivision thereof which

17 provide ~~clinic, evaluation facility, mental health center, or~~

18 ~~part thereof, which is used primarily for the care or~~ treatment

19 of persons with mental illness and includes all hospitals,

20 institutions, clinics, evaluation facilities, mental health

21 centers, colleges, universities, long-term care facilities,

22 and nursing homes, or parts thereof, which provide treatment of

23 persons with mental illness whether or not the primary purpose

24 is to provide treatment of persons with mental illness.

25 "Patient" means:

26 (1) a person who voluntarily receives mental health

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1 treatment as an in-patient or resident of any public or

2 private mental health facility, unless the treatment was

3 solely for an alcohol abuse disorder and no other secondary

4 substance abuse disorder or mental illness; or

5 (2) a person who voluntarily receives mental health

6 treatment as an out-patient or is provided services by a

7 public or private mental health facility, and who poses a

8 clear and present danger to himself, herself, or to others.

9 "Physician" has the meaning as defined in Section 1-120 of

10 the Mental Health and Developmental Disabilities Code.

11 "Qualified examiner" has the meaning provided in Section

12 1-122 of the Mental Health and Developmental Disabilities Code.

13 ~~"Patient in a mental institution" means the person was~~

14 ~~admitted, either voluntarily or involuntarily, to a mental~~

15 ~~institution for mental health treatment, unless the treatment~~

16 ~~was voluntary and solely for an alcohol abuse disorder and no~~

17 ~~other secondary substance abuse disorder or mental illness.~~

18 "Sanctioned competitive shooting event" means a shooting

19 contest officially recognized by a national or state shooting

20 sport association, and includes any sight-in or practice

21 conducted in conjunction with the event.

22 "School administrator" means the person required to report

23 under the School Administrator Reporting of Mental Health Clear

24 and Present Danger Determinations Law.

25 "Stun gun or taser" has the meaning ascribed to it in

26 Section 24-1 of the Criminal Code of 2012.

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1 (Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13;

2 97-1167, eff. 6-1-13.)

3 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)

4 Sec. 3.1. Dial up system.

5 (a) The Department of State Police shall provide a dial up

6 telephone system or utilize other existing technology which

7 shall be used by any federally licensed firearm dealer, gun

8 show promoter, or gun show vendor who is to transfer a firearm,

9 stun gun, or taser under the provisions of this Act. The

10 Department of State Police may utilize existing technology

11 which allows the caller to be charged a fee not to exceed $2.

12 Fees collected by the Department of State Police shall be

13 deposited in the State Police Services Fund and used to provide

14 the service.

15 (b) Upon receiving a request from a federally licensed

16 firearm dealer, gun show promoter, or gun show vendor, the

17 Department of State Police shall immediately approve, or within

18 the time period established by Section 24-3 of the Criminal

19 Code of 2012 regarding the delivery of firearms, stun guns, and

20 tasers notify the inquiring dealer, gun show promoter, or gun

21 show vendor of any objection that would disqualify the

22 transferee from acquiring or possessing a firearm, stun gun, or

23 taser. In conducting the inquiry, the Department of State

24 Police shall initiate and complete an automated search of its

25 criminal history record information files and those of the

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1 Federal Bureau of Investigation, including the National

2 Instant Criminal Background Check System, and of the files of

3 the Department of Human Services relating to mental health and

4 developmental disabilities to obtain any felony conviction or

5 patient hospitalization information which would disqualify a

6 person from obtaining or require revocation of a currently

7 valid Firearm Owner's Identification Card.

8 (c) If receipt of a firearm would not violate Section 24-3

9 of the Criminal Code of 2012, federal law, or this Act the

10 Department of State Police shall:

11 (1) assign a unique identification number to the

12 transfer; and

13 (2) provide the licensee, gun show promoter, or gun

14 show vendor with the number.

15 (d) Approvals issued by the Department of State Police for

16 the purchase of a firearm are valid for 30 days from the date

17 of issue.

18 (e) (1) The Department of State Police must act as the

19 Illinois Point of Contact for the National Instant Criminal

20 Background Check System.

21 (2) The Department of State Police and the Department of

22 Human Services shall, in accordance with State and federal law

23 regarding confidentiality, enter into a memorandum of

24 understanding with the Federal Bureau of Investigation for the

25 purpose of implementing the National Instant Criminal

26 Background Check System in the State. The Department of State

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1 Police shall report the name, date of birth, and physical

2 description of any person prohibited from possessing a firearm

3 pursuant to the Firearm Owners Identification Card Act or 18

4 U.S.C. 922(g) and (n) to the National Instant Criminal

5 Background Check System Index, Denied Persons Files.

6 (3) The Department of State Police shall provide notice of

7 the disqualification of a person under subsection (b) of this

8 Section or the revocation of a person's Firearm Owner's

9 Identification Card under Section 8 of this Act, and the reason

10 for the disqualification or revocation, to all law enforcement

11 agencies with jurisdiction to assist with the seizure of the

12 person's Firearm Owner's Identification Card.

13 (f) The Department of State Police shall adopt ~~promulgate~~

14 rules not inconsistent with this Section to implement this

15 system.

16 (Source: P.A. 97-1150, eff. 1-25-13.)

17 (430 ILCS 65/4) (from Ch. 38, par. 83-4)

18 (Text of Section before amendment by P.A. 97-1167)

19 Sec. 4. (a) Each applicant for a Firearm Owner's

20 Identification Card must:

21 (1) Make application on blank forms prepared and

22 furnished at convenient locations throughout the State by

23 the Department of State Police, or by electronic means, if

24 and when made available by the Department of State Police;

25 and

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1 (2) Submit evidence to the Department of State Police

2 that:

3 (i) He or she is 21 years of age or over, or if he

4 or she is under 21 years of age that he or she has the

5 written consent of his or her parent or legal guardian

6 to possess and acquire firearms and firearm ammunition

7 and that he or she has never been convicted of a

8 misdemeanor other than a traffic offense or adjudged

9 delinquent, provided, however, that such parent or

10 legal guardian is not an individual prohibited from

11 having a Firearm Owner's Identification Card and files

12 an affidavit with the Department as prescribed by the

13 Department stating that he or she is not an individual

14 prohibited from having a Card;

15 (ii) He or she has not been convicted of a felony

16 under the laws of this or any other jurisdiction;

17 (iii) He or she is not addicted to narcotics;

18 (iv) He or she has not been a patient in a mental

19 health facility ~~institution~~within the past 5 yearsor,

20 if he or she has been a patient in a mental health

21 facility more than 5 years ago submit the certification

22 required under subsection (u) of Section 8 of this Act

23 ~~and he or she has not been adjudicated as a mental~~

24 ~~defective~~;

25 (v) He or she is not intellectually disabled;

26 (vi) He or she is not an alien who is unlawfully

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1 present in the United States under the laws of the

2 United States;

3 (vii) He or she is not subject to an existing order

4 of protection prohibiting him or her from possessing a

5 firearm;

6 (viii) He or she has not been convicted within the

7 past 5 years of battery, assault, aggravated assault,

8 violation of an order of protection, or a substantially

9 similar offense in another jurisdiction, in which a

10 firearm was used or possessed;

11 (ix) He or she has not been convicted of domestic

12 battery, aggravated domestic battery, or a

13 substantially similar offense in another jurisdiction

14 committed before, on or after January 1, 2012 (the

15 effective date of Public Act 97-158). If the applicant

16 knowingly and intelligently waives the right to have an

17 offense described in this clause (ix) tried by a jury,

18 and by guilty plea or otherwise, results in a

19 conviction for an offense in which a domestic

20 relationship is not a required element of the offense

21 but in which a determination of the applicability of 18

22 U.S.C. 922(g)(9) is made under Section 112A-11.1 of the

23 Code of Criminal Procedure of 1963, an entry by the

24 court of a judgment of conviction for that offense

25 shall be grounds for denying the issuance of a Firearm

26 Owner's Identification Card under this Section;

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1 (x) (Blank);

2 (xi) He or she is not an alien who has been

3 admitted to the United States under a non-immigrant

4 visa (as that term is defined in Section 101(a)(26) of

5 the Immigration and Nationality Act (8 U.S.C.

6 1101(a)(26))), or that he or she is an alien who has

7 been lawfully admitted to the United States under a

8 non-immigrant visa if that alien is:

9 (1) admitted to the United States for lawful

10 hunting or sporting purposes;

11 (2) an official representative of a foreign

12 government who is:

13 (A) accredited to the United States

14 Government or the Government's mission to an

15 international organization having its

16 headquarters in the United States; or

17 (B) en route to or from another country to

18 which that alien is accredited;

19 (3) an official of a foreign government or

20 distinguished foreign visitor who has been so

21 designated by the Department of State;

22 (4) a foreign law enforcement officer of a

23 friendly foreign government entering the United

24 States on official business; or

25 (5) one who has received a waiver from the

26 Attorney General of the United States pursuant to

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1 18 U.S.C. 922(y)(3);

2 (xii) He or she is not a minor subject to a

3 petition filed under Section 5-520 of the Juvenile

4 Court Act of 1987 alleging that the minor is a

5 delinquent minor for the commission of an offense that

6 if committed by an adult would be a felony;

7 (xiii) He or she is not an adult who had been

8 adjudicated a delinquent minor under the Juvenile

9 Court Act of 1987 for the commission of an offense that

10 if committed by an adult would be a felony; and

11 (xiv) He or she is a resident of the State of

12 Illinois; ~~and~~

13 (xv) He or she has not been adjudicated as a

14 mentally disabled person;

15 (xvi) He or she has not been involuntarily admitted

16 into a mental health facility; and

17 (xvii) He or she is not developmentally disabled;

18 and

19 (3) Upon request by the Department of State Police,

20 sign a release on a form prescribed by the Department of

21 State Police waiving any right to confidentiality and

22 requesting the disclosure to the Department of State Police

23 of limited mental health institution admission information

24 from another state, the District of Columbia, any other

25 territory of the United States, or a foreign nation

26 concerning the applicant for the sole purpose of

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1 determining whether the applicant is or was a patient in a

2 mental health institution and disqualified because of that

3 status from receiving a Firearm Owner's Identification

4 Card. No mental health care or treatment records may be

5 requested. The information received shall be destroyed

6 within one year of receipt.

7 (a-5) Each applicant for a Firearm Owner's Identification

8 Card who is over the age of 18 shall furnish to the Department

9 of State Police either his or her Illinois driver's license

10 number or Illinois Identification Card number, except as

11 provided in subsection (a-10).

12 (a-10) Each applicant for a Firearm Owner's Identification

13 Card, who is employed as a law enforcement officer, an armed

14 security officer in Illinois, or by the United States Military

15 permanently assigned in Illinois and who is not an Illinois

16 resident, shall furnish to the Department of State Police his

17 or her driver's license number or state identification card

18 number from his or her state of residence. The Department of

19 State Police may adopt ~~promulgate~~ rules to enforce the

20 provisions of this subsection (a-10).

21 (a-15) If an applicant applying for a Firearm Owner's

22 Identification Card moves from the residence address named in

23 the application, he or she shall immediately notify in a form

24 and manner prescribed by the Department of State Police of that

25 change of address.

26 (a-20) Each applicant for a Firearm Owner's Identification

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1 Card shall furnish to the Department of State Police his or her

2 photograph. An applicant who is 21 years of age or older

3 seeking a religious exemption to the photograph requirement

4 must furnish with the application an approved copy of United

5 States Department of the Treasury Internal Revenue Service Form

6 4029. In lieu of a photograph, an applicant regardless of age

7 seeking a religious exemption to the photograph requirement

8 shall submit fingerprints on a form and manner prescribed by

9 the Department with his or her application.

10 (b) Each application form shall include the following

11 statement printed in bold type: "Warning: Entering false

12 information on an application for a Firearm Owner's

13 Identification Card is punishable as a Class 2 felony in

14 accordance with subsection (d-5) of Section 14 of the Firearm

15 Owners Identification Card Act.".

16 (c) Upon such written consent, pursuant to Section 4,

17 paragraph (a)(2)(i), the parent or legal guardian giving the

18 consent shall be liable for any damages resulting from the

19 applicant's use of firearms or firearm ammunition.

20 (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,

21 eff. 7-13-12; 97-1131, eff. 1-1-13.)

22 (Text of Section after amendment by P.A. 97-1167)

23 Sec. 4. (a) Each applicant for a Firearm Owner's

24 Identification Card must:

25 (1) Make application on blank forms prepared and

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1 furnished at convenient locations throughout the State by

2 the Department of State Police, or by electronic means, if

3 and when made available by the Department of State Police;

4 and

5 (2) Submit evidence to the Department of State Police

6 that:

7 (i) He or she is 21 years of age or over, or if he

8 or she is under 21 years of age that he or she has the

9 written consent of his or her parent or legal guardian

10 to possess and acquire firearms and firearm ammunition

11 and that he or she has never been convicted of a

12 misdemeanor other than a traffic offense or adjudged

13 delinquent, provided, however, that such parent or

14 legal guardian is not an individual prohibited from

15 having a Firearm Owner's Identification Card and files

16 an affidavit with the Department as prescribed by the

17 Department stating that he or she is not an individual

18 prohibited from having a Card;

19 (ii) He or she has not been convicted of a felony

20 under the laws of this or any other jurisdiction;

21 (iii) He or she is not addicted to narcotics;

22 (iv) He or she has not been a patient in a mental

23 health facility ~~institution~~within the past 5 yearsor,

24 if he or she has been a patient in a mental health

25 facility more than 5 years ago submit the certification

26 required under subsection (u) of Section 8 of this Act;

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1 (v) He or she is not intellectually disabled;

2 (vi) He or she is not an alien who is unlawfully

3 present in the United States under the laws of the

4 United States;

5 (vii) He or she is not subject to an existing order

6 of protection prohibiting him or her from possessing a

7 firearm;

8 (viii) He or she has not been convicted within the

9 past 5 years of battery, assault, aggravated assault,

10 violation of an order of protection, or a substantially

11 similar offense in another jurisdiction, in which a

12 firearm was used or possessed;

13 (ix) He or she has not been convicted of domestic

14 battery, aggravated domestic battery, or a

15 substantially similar offense in another jurisdiction

16 committed before, on or after January 1, 2012 (the

17 effective date of Public Act 97-158). If the applicant

18 knowingly and intelligently waives the right to have an

19 offense described in this clause (ix) tried by a jury,

20 and by guilty plea or otherwise, results in a

21 conviction for an offense in which a domestic

22 relationship is not a required element of the offense

23 but in which a determination of the applicability of 18

24 U.S.C. 922(g)(9) is made under Section 112A-11.1 of the

25 Code of Criminal Procedure of 1963, an entry by the

26 court of a judgment of conviction for that offense

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1 shall be grounds for denying the issuance of a Firearm

2 Owner's Identification Card under this Section;

3 (x) (Blank);

4 (xi) He or she is not an alien who has been

5 admitted to the United States under a non-immigrant

6 visa (as that term is defined in Section 101(a)(26) of

7 the Immigration and Nationality Act (8 U.S.C.

8 1101(a)(26))), or that he or she is an alien who has

9 been lawfully admitted to the United States under a

10 non-immigrant visa if that alien is:

11 (1) admitted to the United States for lawful

12 hunting or sporting purposes;

13 (2) an official representative of a foreign

14 government who is:

15 (A) accredited to the United States

16 Government or the Government's mission to an

17 international organization having its

18 headquarters in the United States; or

19 (B) en route to or from another country to

20 which that alien is accredited;

21 (3) an official of a foreign government or

22 distinguished foreign visitor who has been so

23 designated by the Department of State;

24 (4) a foreign law enforcement officer of a

25 friendly foreign government entering the United

26 States on official business; or

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1 (5) one who has received a waiver from the

2 Attorney General of the United States pursuant to

3 18 U.S.C. 922(y)(3);

4 (xii) He or she is not a minor subject to a

5 petition filed under Section 5-520 of the Juvenile

6 Court Act of 1987 alleging that the minor is a

7 delinquent minor for the commission of an offense that

8 if committed by an adult would be a felony;

9 (xiii) He or she is not an adult who had been

10 adjudicated a delinquent minor under the Juvenile

11 Court Act of 1987 for the commission of an offense that

12 if committed by an adult would be a felony;

13 (xiv) He or she is a resident of the State of

14 Illinois; ~~and~~

15 (xv) He or she has not been adjudicated as a

16 mentally disabled person ~~mental defective~~; ~~and~~

17 (xvi) He or she has not been involuntarily admitted

18 into a mental health facility; and

19 (xvii) He or she is not developmentally disabled;

20 and

21 (3) Upon request by the Department of State Police,

22 sign a release on a form prescribed by the Department of

23 State Police waiving any right to confidentiality and

24 requesting the disclosure to the Department of State Police

25 of limited mental health institution admission information

26 from another state, the District of Columbia, any other

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1 territory of the United States, or a foreign nation

2 concerning the applicant for the sole purpose of

3 determining whether the applicant is or was a patient in a

4 mental health institution and disqualified because of that

5 status from receiving a Firearm Owner's Identification

6 Card. No mental health care or treatment records may be

7 requested. The information received shall be destroyed

8 within one year of receipt.

9 (a-5) Each applicant for a Firearm Owner's Identification

10 Card who is over the age of 18 shall furnish to the Department

11 of State Police either his or her Illinois driver's license

12 number or Illinois Identification Card number, except as

13 provided in subsection (a-10).

14 (a-10) Each applicant for a Firearm Owner's Identification

15 Card, who is employed as a law enforcement officer, an armed

16 security officer in Illinois, or by the United States Military

17 permanently assigned in Illinois and who is not an Illinois

18 resident, shall furnish to the Department of State Police his

19 or her driver's license number or state identification card

20 number from his or her state of residence. The Department of

21 State Police may adopt ~~promulgate~~ rules to enforce the

22 provisions of this subsection (a-10).

23 (a-15) If an applicant applying for a Firearm Owner's

24 Identification Card moves from the residence address named in

25 the application, he or she shall immediately notify in a form

26 and manner prescribed by the Department of State Police of that

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1 change of address.

2 (a-20) Each applicant for a Firearm Owner's Identification

3 Card shall furnish to the Department of State Police his or her

4 photograph. An applicant who is 21 years of age or older

5 seeking a religious exemption to the photograph requirement

6 must furnish with the application an approved copy of United

7 States Department of the Treasury Internal Revenue Service Form

8 4029. In lieu of a photograph, an applicant regardless of age

9 seeking a religious exemption to the photograph requirement

10 shall submit fingerprints on a form and manner prescribed by

11 the Department with his or her application.

12 (b) Each application form shall include the following

13 statement printed in bold type: "Warning: Entering false

14 information on an application for a Firearm Owner's

15 Identification Card is punishable as a Class 2 felony in

16 accordance with subsection (d-5) of Section 14 of the Firearm

17 Owners Identification Card Act.".

18 (c) Upon such written consent, pursuant to Section 4,

19 paragraph (a)(2)(i), the parent or legal guardian giving the

20 consent shall be liable for any damages resulting from the

21 applicant's use of firearms or firearm ammunition.

22 (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,

23 eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13.)

24 (430 ILCS 65/5) (from Ch. 38, par. 83-5)

25 Sec. 5. The Department of State Police shall either approve

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1 or deny all applications within 30 days from the date they are

2 received, and every applicant found qualifiedunder ~~pursuant to~~

3 Section 8 of this Act by the Department shall be entitled to a

4 Firearm Owner's Identification Card upon the payment of a $10

5 fee. Any applicant who is an active duty member of the Armed

6 Forces of the United States, a member of the Illinois National

7 Guard, or a member of the Reserve Forces of the United States

8 is exempt from the application fee. $6 of each fee derived from

9 the issuance of Firearm Owner's Identification Cards, or

10 renewals thereof, shall be deposited in the Wildlife and Fish

11 Fund in the State Treasury; $1 ofthe ~~such~~ fee shall be

12 deposited in the State Police Services Fund and $3 of the ~~such~~

13 fee shall be deposited in theState Police Firearm Services

14 Fund. ~~Firearm Owner's Notification Fund. Monies in the Firearm~~

15 ~~Owner's Notification Fund shall be used exclusively to pay for~~

16 ~~the cost of sending notices of expiration of Firearm Owner's~~

17 ~~Identification Cards under Section 13.2 of this Act. Excess~~

18 ~~monies in the Firearm Owner's Notification Fund shall be used~~

19 ~~to ensure the prompt and efficient processing of applications~~

20 ~~received under Section 4 of this Act.~~

21 (Source: P.A. 95-581, eff. 6-1-08; 96-91, eff. 7-27-09.)

22 (430 ILCS 65/5.1 new)

23 Sec. 5.1. State Police Firearm Services Fund. All moneys

24 remaining in the Firearm Owner's Notification Fund on the

25 effective date of this amendatory Act of the 98th General

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1 Assembly shall be transferred into the State Police Firearm

2 Services Fund, a special fund created in the State treasury, to

3 be expended by the Department of State Police, for the purposes

4 specified in this Act and Section 2605-595 of the Department of

5 State Police Law of the Civil Administrative Code of Illinois.

6 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

7 (Text of Section before amendment by P.A. 97-1167)

8 Sec. 8. The Department of State Police has authority to

9 deny an application for or to revoke and seize a Firearm

10 Owner's Identification Card previously issued under this Act

11 only if the Department finds that the applicant or the person

12 to whom such card was issued is or was at the time of issuance:

13 (a) A person under 21 years of age who has been convicted

14 of a misdemeanor other than a traffic offense or adjudged

15 delinquent;

16 (b) A person under 21 years of age who does not have the

17 written consent of his parent or guardian to acquire and

18 possess firearms and firearm ammunition, or whose parent or

19 guardian has revoked such written consent, or where such parent

20 or guardian does not qualify to have a Firearm Owner's

21 Identification Card;

22 (c) A person convicted of a felony under the laws of this

23 or any other jurisdiction;

24 (d) A person addicted to narcotics;

25 (e) A person who has been a patient of a mental health

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1 facility ~~institution~~within the past 5 yearsor a person who

2 has been a patient in a mental health facility more than 5

3 years ago who has not received the certification required under

4 subsection (u) of this Section. An active law enforcement

5 officer employed by a unit of government who is denied,

6 revoked, or has his or her Firearm Owner's Identification Card

7 seized under this subsection (e) may obtain relief as described

8 in subsection (c-5) of Section 10 of this Act if the officer

9 did not act in a manner threatening to the officer, another

10 person, or the public as determined by the treating clinical

11 psychologist or physician, and the officer seeks mental health

12 treatment; ~~or has been adjudicated as a mental defective~~;

13 (f) A person whose mental condition is of such a nature

14 that it poses a clear and present danger to the applicant, any

15 other person or persons or the community;

16 ~~For the purposes of this Section, "mental condition" means~~

17 ~~a state of mind manifested by violent, suicidal, threatening or~~

18 ~~assaultive behavior.~~

19 (g) A person who is intellectually disabled;

20 (h) A person who intentionally makes a false statement in

21 the Firearm Owner's Identification Card application;

22 (i) An alien who is unlawfully present in the United States

23 under the laws of the United States;

24 (i-5) An alien who has been admitted to the United States

25 under a non-immigrant visa (as that term is defined in Section

26 101(a)(26) of the Immigration and Nationality Act (8 U.S.C.

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1 1101(a)(26))), except that this subsection (i-5) does not apply

2 to any alien who has been lawfully admitted to the United

3 States under a non-immigrant visa if that alien is:

4 (1) admitted to the United States for lawful hunting or

5 sporting purposes;

6 (2) an official representative of a foreign government

7 who is:

8 (A) accredited to the United States Government or

9 the Government's mission to an international

10 organization having its headquarters in the United

11 States; or

12 (B) en route to or from another country to which

13 that alien is accredited;

14 (3) an official of a foreign government or

15 distinguished foreign visitor who has been so designated by

16 the Department of State;

17 (4) a foreign law enforcement officer of a friendly

18 foreign government entering the United States on official

19 business; or

20 (5) one who has received a waiver from the Attorney

21 General of the United States pursuant to 18 U.S.C.

22 922(y)(3);

23 (j) (Blank);

24 (k) A person who has been convicted within the past 5 years

25 of battery, assault, aggravated assault, violation of an order

26 of protection, or a substantially similar offense in another

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1 jurisdiction, in which a firearm was used or possessed;

2 (l) A person who has been convicted of domestic battery,

3 aggravated domestic battery, or a substantially similar

4 offense in another jurisdiction committed before, on or after

5 January 1, 2012 (the effective date of Public Act 97-158). If

6 the applicant or person who has been previously issued a

7 Firearm Owner's Identification Card under this Act knowingly

8 and intelligently waives the right to have an offense described

9 in this paragraph (l) tried by a jury, and by guilty plea or

10 otherwise, results in a conviction for an offense in which a

11 domestic relationship is not a required element of the offense

12 but in which a determination of the applicability of 18 U.S.C.

13 922(g)(9) is made under Section 112A-11.1 of the Code of

14 Criminal Procedure of 1963, an entry by the court of a judgment

15 of conviction for that offense shall be grounds for denying an

16 application for and for revoking and seizing a Firearm Owner's

17 Identification Card previously issued to the person under this

18 Act;

19 (m) (Blank);

20 (n) A person who is prohibited from acquiring or possessing

21 firearms or firearm ammunition by any Illinois State statute or

22 by federal law;

23 (o) A minor subject to a petition filed under Section 5-520

24 of the Juvenile Court Act of 1987 alleging that the minor is a

25 delinquent minor for the commission of an offense that if

26 committed by an adult would be a felony;

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1 (p) An adult who had been adjudicated a delinquent minor

2 under the Juvenile Court Act of 1987 for the commission of an

3 offense that if committed by an adult would be a felony;~~or~~

4 (q) A person who is not a resident of the State of

5 Illinois, except as provided in subsection (a-10) of Section

6 4; ~~.~~

7 (r) A person who has been adjudicated as a mentally

8 disabled person;

9 (s) A person who has been found to be developmentally

10 disabled;

11 (t) A person involuntarily admitted into a mental health

12 facility;

13 (u) A person who has had his or her Firearm Owner's

14 Identification Card revoked or denied under subsection (e) of

15 this Section or item (iv) of Section 4 of this Act because he

16 or she was a patient in a mental health facility as provided in

17 item (2) of subsection (e) of this Section, shall not be

18 permitted to obtain a Firearm Owner's Identification Card,

19 after the 5 year period has lapsed, unless he or she has

20 received a mental health evaluation by a physician, clinical

21 psychologist, or qualified examiner as those terms are defined

22 in the Mental Health and Developmental Disabilities Code, and

23 has received a certification that he or she is not a clear and

24 present danger to himself, herself, or others. The physician,

25 clinical psychologist, or qualified examiner making the

26 certification and his or her employer shall not be held

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1 criminally, civilly, or professionally liable for making or not

2 making the certification required under this subsection,

3 except for willful or wanton misconduct. This subsection does

4 not apply to a person whose firearm possession rights have been

5 restored through administrative or judicial action under

6 Section 10 or 11 of this Act; or

7 (v) Upon revocation of a person's Firearm Owner's

8 Identification Card, the Department of State Police shall

9 provide notice to the person and the person shall comply with

10 Section 9.5 of this Act.

11 (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,

12 eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)

13 (Text of Section after amendment by P.A. 97-1167)

14 Sec. 8. The Department of State Police has authority to

15 deny an application for or to revoke and seize a Firearm

16 Owner's Identification Card previously issued under this Act

17 only if the Department finds that the applicant or the person

18 to whom such card was issued is or was at the time of issuance:

19 (a) A person under 21 years of age who has been convicted

20 of a misdemeanor other than a traffic offense or adjudged

21 delinquent;

22 (b) A person under 21 years of age who does not have the

23 written consent of his parent or guardian to acquire and

24 possess firearms and firearm ammunition, or whose parent or

25 guardian has revoked such written consent, or where such parent

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1 or guardian does not qualify to have a Firearm Owner's

2 Identification Card;

3 (c) A person convicted of a felony under the laws of this

4 or any other jurisdiction;

5 (d) A person addicted to narcotics;

6 (e) A person who has been a patient of a mental health

7 facility ~~institution~~within the past 5 yearsor a person who

8 has been a patient in a mental health facility more than 5

9 years ago who has not received the certification required under

10 subsection (u) of this Section. An active law enforcement

11 officer employed by a unit of government who is denied,

12 revoked, or has his or her Firearm Owner's Identification Card

13 seized under this subsection (e) may obtain relief as described

14 in subsection (c-5) of Section 10 of this Act if the officer

15 did not act in a manner threatening to the officer, another

16 person, or the public as determined by the treating clinical

17 psychologist or physician, and the officer seeks mental health

18 treatment;

19 (f) A person whose mental condition is of such a nature

20 that it poses a clear and present danger to the applicant, any

21 other person or persons or the community;

22 ~~For the purposes of this Section, "mental condition" means~~

23 ~~a state of mind manifested by violent, suicidal, threatening or~~

24 ~~assaultive behavior.~~

25 (g) A person who is intellectually disabled;

26 (h) A person who intentionally makes a false statement in

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1 the Firearm Owner's Identification Card application;

2 (i) An alien who is unlawfully present in the United States

3 under the laws of the United States;

4 (i-5) An alien who has been admitted to the United States

5 under a non-immigrant visa (as that term is defined in Section

6 101(a)(26) of the Immigration and Nationality Act (8 U.S.C.

7 1101(a)(26))), except that this subsection (i-5) does not apply

8 to any alien who has been lawfully admitted to the United

9 States under a non-immigrant visa if that alien is:

10 (1) admitted to the United States for lawful hunting or

11 sporting purposes;

12 (2) an official representative of a foreign government

13 who is:

14 (A) accredited to the United States Government or

15 the Government's mission to an international

16 organization having its headquarters in the United

17 States; or

18 (B) en route to or from another country to which

19 that alien is accredited;

20 (3) an official of a foreign government or

21 distinguished foreign visitor who has been so designated by

22 the Department of State;

23 (4) a foreign law enforcement officer of a friendly

24 foreign government entering the United States on official

25 business; or

26 (5) one who has received a waiver from the Attorney

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1 General of the United States pursuant to 18 U.S.C.

2 922(y)(3);

3 (j) (Blank);

4 (k) A person who has been convicted within the past 5 years

5 of battery, assault, aggravated assault, violation of an order

6 of protection, or a substantially similar offense in another

7 jurisdiction, in which a firearm was used or possessed;

8 (l) A person who has been convicted of domestic battery,

9 aggravated domestic battery, or a substantially similar

10 offense in another jurisdiction committed before, on or after

11 January 1, 2012 (the effective date of Public Act 97-158). If

12 the applicant or person who has been previously issued a

13 Firearm Owner's Identification Card under this Act knowingly

14 and intelligently waives the right to have an offense described

15 in this paragraph (l) tried by a jury, and by guilty plea or

16 otherwise, results in a conviction for an offense in which a

17 domestic relationship is not a required element of the offense

18 but in which a determination of the applicability of 18 U.S.C.

19 922(g)(9) is made under Section 112A-11.1 of the Code of

20 Criminal Procedure of 1963, an entry by the court of a judgment

21 of conviction for that offense shall be grounds for denying an

22 application for and for revoking and seizing a Firearm Owner's

23 Identification Card previously issued to the person under this

24 Act;

25 (m) (Blank);

26 (n) A person who is prohibited from acquiring or possessing

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1 firearms or firearm ammunition by any Illinois State statute or

2 by federal law;

3 (o) A minor subject to a petition filed under Section 5-520

4 of the Juvenile Court Act of 1987 alleging that the minor is a

5 delinquent minor for the commission of an offense that if

6 committed by an adult would be a felony;

7 (p) An adult who had been adjudicated a delinquent minor

8 under the Juvenile Court Act of 1987 for the commission of an

9 offense that if committed by an adult would be a felony;

10 (q) A person who is not a resident of the State of

11 Illinois, except as provided in subsection (a-10) of Section 4;

12 ~~or~~

13 (r) A person who has been adjudicated as a mentally

14 disabled person; ~~mental defective.~~

15 (s) A person who has been found to be developmentally

16 disabled;

17 (t) A person involuntarily admitted into a mental health

18 facility;

19 (u) A person who has had his or her Firearm Owner's

20 Identification Card revoked or denied under subsection (e) of

21 this Section or item (iv) of Section 4 of this Act because he

22 or she was a patient in a mental health facility as provided in

23 item (2) of subsection (e) of this Section, shall not be

24 permitted to obtain a Firearm Owner's Identification Card,

25 after the 5 year period has lapsed, unless he or she has

26 received a mental health evaluation by a physician, clinical

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1 psychologist, or qualified examiner as those terms are defined

2 in the Mental Health and Developmental Disabilities Code, and

3 has received a certification that he or she is not a clear and

4 present danger to himself, herself, or others. The physician,

5 clinical psychologist, or qualified examiner making the

6 certification and his or her employer shall not be held

7 criminally, civilly, or professionally liable for making or not

8 making the certification required under this subsection,

9 except for willful or wanton misconduct. This subsection does

10 not apply to a person whose firearm possession rights have been

11 restored through administrative or judicial action under

12 Section 10 or 11 of this Act; or

13 (v) Upon revocation of a person's Firearm Owner's

14 Identification Card, the Department of State Police shall

15 provide notice to the person and the person shall comply with

16 Section 9.5 of this Act.

17 (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,

18 eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13;

19 97-1167, eff. 6-1-13.)

20 (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)

21 Sec. 8.1. Notifications to the ~~Circuit Clerk to notify~~

22 Department of State Police.

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

24 required by the Supreme Court, notify the Department of State

25 Police of all final dispositions of cases for which the

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1 Department has received information reported to it under

2 Sections 2.1 and 2.2 of the Criminal Identification Act.

3 (b) Upon adjudication of any individual as a mentally

4 disabled person ~~mental defective,~~ as defined in Section 1.1 of

5 this Act or a finding that a person has been involuntarily

6 admitted ~~or as provided in paragraph (3.5) of subsection (c) of~~

7 ~~Section 104-26 of the Code of Criminal Procedure of 1963~~, the

8 court shall direct the circuit court clerk to immediately

9 notify the Department of State Police, Firearm Owner's

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

11 the court order to the Department.

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

13 manner prescribed by the Department of State Police, report all

14 information collected under subsection (b) of Section 12 of the

15 Mental Health and Developmental Disabilities Confidentiality

16 Act for the purpose of determining whether a person who may be

17 or may have been a patient in a mental health facility is

18 disqualified under State or federal law from receiving or

19 retaining a Firearm Owner's Identification Card, or purchasing

20 a weapon.

21 (d) If a person is determined to pose a clear and present

22 danger to himself, herself, or to others by a physician,

23 clinical psychologist, qualified examiner, law enforcement

24 official, or school administrator, or is determined to be

25 developmentally disabled by a physician, clinical

26 psychologist, or qualified examiner, whether employed by the

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1 State or by a private mental health facility, then the

2 physician, clinical psychologist, or qualified examiner shall,

3 within 24 hours of making the determination, notify the

4 Department of Human Services that the person poses a clear and

5 present danger. The Department of Human Services shall

6 immediately update its records and information relating to

7 mental health and developmental disabilities, and if

8 appropriate, shall notify the Department of State Police in a

9 form and manner prescribed by the Department of State Police.

10 The Department of State Police shall determine whether to

11 revoke the person's Firearm Owner's Identification Card under

12 Section 8 of this Act. Any information disclosed under this

13 subsection shall remain privileged and confidential, and shall

14 not be redisclosed, except as required under subsection (e) of

15 Section 3.1 of this Act, nor used for any other purpose. The

16 method of providing this information shall guarantee that the

17 information is not released beyond what is necessary for the

18 purpose of this Section and shall be provided by rule by the

19 Department of Human Services. The identity of the person

20 reporting under this Section shall not be disclosed to the

21 subject of the report. The physician, clinical psychologist,

22 qualified examiner, law enforcement official, or school

23 administrator making the determination and his or her employer

24 shall not be held criminally, civilly, or professionally liable

25 for making or not making the notification required under this

26 subsection, except for willful or wanton misconduct.

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1 (e) The Department of State Police shall adopt rules to

2 implement this Section.

3 (Source: P.A. 97-1131, eff. 1-1-13.)

4 (430 ILCS 65/9) (from Ch. 38, par. 83-9)

5 Sec. 9. Every person whose application for a Firearm

6 Owner's Identification Card is denied, and every holder of such

7 a Card whose Card is revoked or seized, shall receive a written

8 notice from the Department of State Police stating specifically

9 the grounds upon which his application has been denied or upon

10 which his Identification Card has been revoked. The written

11 notice shall include the requirements of Section 9.5 of this

12 Act and the persons's right to administrative or judicial

13 review under Section 10 and 11 of this Act. A copy of the

14 written notice shall be provided to the sheriff and law

15 enforcement agency where the person resides.

16 (Source: P.A. 97-1131, eff. 1-1-13.)

17 (430 ILCS 65/9.5 new)

18 Sec. 9.5. Revocation of Firearm Owner's Identification

19 Card.

20 (a) A person who receives a revocation notice under Section

21 9 of this Act shall, within 48 hours of receiving notice of the

22 revocation:

23 (1) surrender his or her Firearm Owner's

24 Identification Card to the local law enforcement agency

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1 where the person resides. The local law enforcement agency

2 shall provide the person a receipt and transmit the Firearm

3 Owner's Identification Card to the Department of State

4 Police; and

5 (2) complete a Firearm Disposition Record on a form

6 prescribed by the Department of State Police and place his

7 or her firearms in the location or with the person reported

8 in the Firearm Disposition Record. The form shall require

9 the person to disclose:

10 (A) the make, model, and serial number of each

11 firearm owned by or under the custody and control of

12 the revoked person;

13 (B) the location where each firearm will be

14 maintained during the prohibited term; and

15 (C) if any firearm will be transferred to the

16 custody of another person, the name, address and

17 Firearm Owner's Identification Card number of the

18 transferee.

19 (b) The local law enforcement agency shall provide a copy

20 of the Firearm Disposition Record to the person whose Firearm

21 Owner's Identification Card has been revoked and to the

22 Department of State Police.

23 (c) If the person whose Firearm Owner's Identification Card

24 has been revoked fails to comply with the requirements of this

25 Section, the sheriff or law enforcement agency where the person

26 resides may petition the circuit court to issue a warrant to

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1 search for and seize the Firearm Owner's Identification Card

2 and firearms in the possession or under the custody or control

3 of the person whose Firearm Owner's Identification Card has

4 been revoked.

5 (d) A violation of subsection (a) of this Section is a

6 Class A misdemeanor.

7 (e) The observation of a Firearm Owner's Identification

8 Card in the possession of a person whose Firearm Owner's

9 Identification Card has been revoked constitutes a sufficient

10 basis for the arrest of that person for violation of this

11 Section.

12 (f) Within 30 days after the effective date of this

13 amendatory Act of the 98th General Assembly, the Department of

14 State Police shall provide written notice of the requirements

15 of this Section to persons whose Firearm Owner's Identification

16 Cards have been revoked, suspended, or expired and who have

17 failed to surrender their cards to the Department.

18 (g) A person whose Firearm Owner's Identification Card has

19 been revoked and who received notice under subsection (f) shall

20 comply with the requirements of this Section within 48 hours of

21 receiving notice.

22 (430 ILCS 65/10) (from Ch. 38, par. 83-10)

23 (Text of Section before amendment by P.A. 97-1167)

24 Sec. 10. Appeal to director; hearing; relief from firearm

25 prohibitions.

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1 (a) Whenever an application for a Firearm Owner's

2 Identification Card is denied, whenever the Department fails to

3 act on an application within 30 days of its receipt, or

4 whenever such a Card is revoked or seized as provided for in

5 Section 8 of this Act, the aggrieved party may appeal to the

6 Director of State Police for a hearing upon such denial,

7 revocation or seizure, unless the denial, revocation, or

8 seizure was based upon a forcible felony, stalking, aggravated

9 stalking, domestic battery, any violation of the Illinois

10 Controlled Substances Act, the Methamphetamine Control and

11 Community Protection Act, or the Cannabis Control Act that is

12 classified as a Class 2 or greater felony, any felony violation

13 of Article 24 of the Criminal Code of 1961 or the Criminal Code

14 of 2012, or any adjudication as a delinquent minor for the

15 commission of an offense that if committed by an adult would be

16 a felony, in which case the aggrieved party may petition the

17 circuit court in writing in the county of his or her residence

18 for a hearing upon such denial, revocation, or seizure.

19 (b) At least 30 days before any hearing in the circuit

20 court, the petitioner shall serve the relevant State's Attorney

21 with a copy of the petition. The State's Attorney may object to

22 the petition and present evidence. At the hearing the court

23 shall determine whether substantial justice has been done.

24 Should the court determine that substantial justice has not

25 been done, the court shall issue an order directing the

26 Department of State Police to issue a Card. However, the court

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1 shall not issue the order if the petitioner is otherwise

2 prohibited from obtaining, possessing, or using a firearm under

3 federal law.

4 (c) Any person prohibited from possessing a firearm under

5 Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or

6 acquiring a Firearm Owner's Identification Card under Section 8

7 of this Act may apply to the Director of State Police or

8 petition the circuit court in the county where the petitioner

9 resides, whichever is applicable in accordance with subsection

10 (a) of this Section, requesting relief from such prohibition

11 and the Director or court may grant such relief if it is

12 established by the applicant to the court's or Director's

13 satisfaction that:

14 (0.05) when in the circuit court, the State's Attorney

15 has been served with a written copy of the petition at

16 least 30 days before any such hearing in the circuit court

17 and at the hearing the State's Attorney was afforded an

18 opportunity to present evidence and object to the petition;

19 (1) the applicant has not been convicted of a forcible

20 felony under the laws of this State or any other

21 jurisdiction within 20 years of the applicant's

22 application for a Firearm Owner's Identification Card, or

23 at least 20 years have passed since the end of any period

24 of imprisonment imposed in relation to that conviction;

25 (2) the circumstances regarding a criminal conviction,

26 where applicable, the applicant's criminal history and his

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1 reputation are such that the applicant will not be likely

2 to act in a manner dangerous to public safety;

3 (3) granting relief would not be contrary to the public

4 interest; and

5 (4) granting relief would not be contrary to federal

6 law.

7 (c-5) (1) An active law enforcement officer employed by

8 a unit of government, who is denied, revoked, or has his or

9 her Firearm Owner's Identification Card seized under

10 subsection (e) of Section 8 of this Act may apply to the

11 Director of State Police requesting relief if the officer

12 did not act in a manner threatening to the officer, another

13 person, or the public as determined by the treating

14 clinical psychologist or physician, and as a result of his

15 or her work is referred by the employer for or voluntarily

16 seeks mental health evaluation or treatment by a licensed

17 clinical psychologist, psychiatrist, or qualified

18 examiner, and:

19 (A) the officer has not received treatment

20 involuntarily at a mental health facility, regardless

21 of the length of admission; or has not been voluntarily

22 admitted to a mental health facility for more than 30

23 days and not for more than one incident within the past

24 5 years; and

25 (B) the officer has not left the mental institution

26 against medical advice.

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1 (2) The Director of State Police shall grant expedited

2 relief to active law enforcement officers described in

3 paragraph (1) of this subsection (c-5) upon a determination

4 by the Director that the officer's possession of a firearm

5 does not present a threat to themselves, others, or public

6 safety. The Director shall act on the request for relief

7 within 30 business days of receipt of:

8 (A) a notarized statement from the officer in the

9 form prescribed by the Director detailing the

10 circumstances that led to the hospitalization;

11 (B) all documentation regarding the admission,

12 evaluation, treatment and discharge from the treating

13 licensed clinical psychologist or psychiatrist of the

14 officer;

15 (C) a psychological fitness for duty evaluation of

16 the person completed after the time of discharge; and

17 (D) written confirmation in the form prescribed by

18 the Director from the treating licensed clinical

19 psychologist or psychiatrist that the provisions set

20 forth in paragraph (1) of this subsection (c-5) have

21 been met, the person successfully completed treatment,

22 and their professional opinion regarding the person's

23 ability to possess firearms.

24 (3) Officers eligible for the expedited relief in

25 paragraph (2) of this subsection (c-5) have the burden of

26 proof on eligibility and must provide all information

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1 required. The Director may not consider granting expedited

2 relief until the proof and information is received.

3 (4) "Clinical psychologist", "psychiatrist", and

4 "qualified examiner" shall have the same meaning as

5 provided in Chapter 1 of the Mental Health and

6 Developmental Disabilities Code.

7 (d) When a minor is adjudicated delinquent for an offense

8 which if committed by an adult would be a felony, the court

9 shall notify the Department of State Police.

10 (e) The court shall review the denial of an application or

11 the revocation of a Firearm Owner's Identification Card of a

12 person who has been adjudicated delinquent for an offense that

13 if committed by an adult would be a felony if an application

14 for relief has been filed at least 10 years after the

15 adjudication of delinquency and the court determines that the

16 applicant should be granted relief from disability to obtain a

17 Firearm Owner's Identification Card. If the court grants

18 relief, the court shall notify the Department of State Police

19 that the disability has been removed and that the applicant is

20 eligible to obtain a Firearm Owner's Identification Card.

21 (f) Any person who is subject to the disabilities of 18

22 U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act

23 of 1968 because of an adjudication or commitment that occurred

24 under the laws of this State or who was determined to be

25 subject to the provisions of subsections (e), (f), or (g) of

26 Section 8 of this Act may apply to the Department of State

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1 Police requesting relief from that prohibition. The Director

2 shall grant the relief if it is established by a preponderance

3 of the evidence that the person will not be likely to act in a

4 manner dangerous to public safety and that granting relief

5 would not be contrary to the public interest. In making this

6 determination, the Director shall receive evidence concerning

7 (i) the circumstances regarding the firearms disabilities from

8 which relief is sought; (ii) the petitioner's mental health and

9 criminal history records, if any; (iii) the petitioner's

10 reputation, developed at a minimum through character witness

11 statements, testimony, or other character evidence; and (iv)

12 changes in the petitioner's condition or circumstances since

13 the disqualifying events relevant to the relief sought. If

14 relief is granted under this subsection or by order of a court

15 under this Section, the Director shall as soon as practicable

16 but in no case later than 15 business days, update, correct,

17 modify, or remove the person's record in any database that the

18 Department of State Police makes available to the National

19 Instant Criminal Background Check System and notify the United

20 States Attorney General that the basis for the record being

21 made available no longer applies. The Department of State

22 Police shall adopt rules for the administration of this Section

23 ~~subsection (f)~~.

24 (Source: P.A. 96-1368, eff. 7-28-10; 97-1131, eff. 1-1-13;

25 97-1150, eff. 1-25-13.)

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1 (Text of Section after amendment by P.A. 97-1167)

2 Sec. 10. Appeal to director; hearing; relief from firearm

3 prohibitions.

4 (a) Whenever an application for a Firearm Owner's

5 Identification Card is denied, whenever the Department fails to

6 act on an application within 30 days of its receipt, or

7 whenever such a Card is revoked or seized as provided for in

8 Section 8 of this Act, the aggrieved party may appeal to the

9 Director of State Police for a hearing upon such denial,

10 revocation or seizure, unless the denial, revocation, or

11 seizure was based upon a forcible felony, stalking, aggravated

12 stalking, domestic battery, any violation of the Illinois

13 Controlled Substances Act, the Methamphetamine Control and

14 Community Protection Act, or the Cannabis Control Act that is

15 classified as a Class 2 or greater felony, any felony violation

16 of Article 24 of the Criminal Code of 1961 or the Criminal Code

17 of 2012, or any adjudication as a delinquent minor for the

18 commission of an offense that if committed by an adult would be

19 a felony, in which case the aggrieved party may petition the

20 circuit court in writing in the county of his or her residence

21 for a hearing upon such denial, revocation, or seizure.

22 (b) At least 30 days before any hearing in the circuit

23 court, the petitioner shall serve the relevant State's Attorney

24 with a copy of the petition. The State's Attorney may object to

25 the petition and present evidence. At the hearing the court

26 shall determine whether substantial justice has been done.

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1 Should the court determine that substantial justice has not

2 been done, the court shall issue an order directing the

3 Department of State Police to issue a Card. However, the court

4 shall not issue the order if the petitioner is otherwise

5 prohibited from obtaining, possessing, or using a firearm under

6 federal law.

7 (c) Any person prohibited from possessing a firearm under

8 Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or

9 acquiring a Firearm Owner's Identification Card under Section 8

10 of this Act may apply to the Director of State Police or

11 petition the circuit court in the county where the petitioner

12 resides, whichever is applicable in accordance with subsection

13 (a) of this Section, requesting relief from such prohibition

14 and the Director or court may grant such relief if it is

15 established by the applicant to the court's or Director's

16 satisfaction that:

17 (0.05) when in the circuit court, the State's Attorney

18 has been served with a written copy of the petition at

19 least 30 days before any such hearing in the circuit court

20 and at the hearing the State's Attorney was afforded an

21 opportunity to present evidence and object to the petition;

22 (1) the applicant has not been convicted of a forcible

23 felony under the laws of this State or any other

24 jurisdiction within 20 years of the applicant's

25 application for a Firearm Owner's Identification Card, or

26 at least 20 years have passed since the end of any period

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1 of imprisonment imposed in relation to that conviction;

2 (2) the circumstances regarding a criminal conviction,

3 where applicable, the applicant's criminal history and his

4 reputation are such that the applicant will not be likely

5 to act in a manner dangerous to public safety;

6 (3) granting relief would not be contrary to the public

7 interest; and

8 (4) granting relief would not be contrary to federal

9 law.

10 (c-5) (1) An active law enforcement officer employed by

11 a unit of government, who is denied, revoked, or has his or

12 her Firearm Owner's Identification Card seized under

13 subsection (e) of Section 8 of this Act may apply to the

14 Director of State Police requesting relief if the officer

15 did not act in a manner threatening to the officer, another

16 person, or the public as determined by the treating

17 clinical psychologist or physician, and as a result of his

18 or her work is referred by the employer for or voluntarily

19 seeks mental health evaluation or treatment by a licensed

20 clinical psychologist, psychiatrist, or qualified

21 examiner, and:

22 (A) the officer has not received treatment

23 involuntarily at a mental health facility ~~institution~~,

24 regardless of the length of admission; or has not been

25 voluntarily admitted to a mental health facility

26 ~~institution~~ for more than 30 days and not for more than

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1 one incident within the past 5 years; and

2 (B) the officer has not left the mental institution

3 against medical advice.

4 (2) The Director of State Police shall grant expedited

5 relief to active law enforcement officers described in

6 paragraph (1) of this subsection (c-5) upon a determination

7 by the Director that the officer's possession of a firearm

8 does not present a threat to themselves, others, or public

9 safety. The Director shall act on the request for relief

10 within 30 business days of receipt of:

11 (A) a notarized statement from the officer in the

12 form prescribed by the Director detailing the

13 circumstances that led to the hospitalization;

14 (B) all documentation regarding the admission,

15 evaluation, treatment and discharge from the treating

16 licensed clinical psychologist or psychiatrist of the

17 officer;

18 (C) a psychological fitness for duty evaluation of

19 the person completed after the time of discharge; and

20 (D) written confirmation in the form prescribed by

21 the Director from the treating licensed clinical

22 psychologist or psychiatrist that the provisions set

23 forth in paragraph (1) of this subsection (c-5) have

24 been met, the person successfully completed treatment,

25 and their professional opinion regarding the person's

26 ability to possess firearms.

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1 (3) Officers eligible for the expedited relief in

2 paragraph (2) of this subsection (c-5) have the burden of

3 proof on eligibility and must provide all information

4 required. The Director may not consider granting expedited

5 relief until the proof and information is received.

6 (4) "Clinical psychologist", "psychiatrist", and

7 "qualified examiner" shall have the same meaning as

8 provided in Chapter 1 of the Mental Health and

9 Developmental Disabilities Code.

10 (d) When a minor is adjudicated delinquent for an offense

11 which if committed by an adult would be a felony, the court

12 shall notify the Department of State Police.

13 (e) The court shall review the denial of an application or

14 the revocation of a Firearm Owner's Identification Card of a

15 person who has been adjudicated delinquent for an offense that

16 if committed by an adult would be a felony if an application

17 for relief has been filed at least 10 years after the

18 adjudication of delinquency and the court determines that the

19 applicant should be granted relief from disability to obtain a

20 Firearm Owner's Identification Card. If the court grants

21 relief, the court shall notify the Department of State Police

22 that the disability has been removed and that the applicant is

23 eligible to obtain a Firearm Owner's Identification Card.

24 (f) Any person who is subject to the disabilities of 18

25 U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act

26 of 1968 because of an adjudication or commitment that occurred

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1 under the laws of this State or who was determined to be

2 subject to the provisions of subsections (e), (f), or (g) of

3 Section 8 of this Act may apply to the Department of State

4 Police requesting relief from that prohibition. The Director

5 shall grant the relief if it is established by a preponderance

6 of the evidence that the person will not be likely to act in a

7 manner dangerous to public safety and that granting relief

8 would not be contrary to the public interest. In making this

9 determination, the Director shall receive evidence concerning

10 (i) the circumstances regarding the firearms disabilities from

11 which relief is sought; (ii) the petitioner's mental health and

12 criminal history records, if any; (iii) the petitioner's

13 reputation, developed at a minimum through character witness

14 statements, testimony, or other character evidence; and (iv)

15 changes in the petitioner's condition or circumstances since

16 the disqualifying events relevant to the relief sought. If

17 relief is granted under this subsection or by order of a court

18 under this Section, the Director shall as soon as practicable

19 but in no case later than 15 business days, update, correct,

20 modify, or remove the person's record in any database that the

21 Department of State Police makes available to the National

22 Instant Criminal Background Check System and notify the United

23 States Attorney General that the basis for the record being

24 made available no longer applies. The Department of State

25 Police shall adopt rules for the administration of this Section

26 ~~subsection (f)~~.

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1 (Source: P.A. 96-1368, eff. 7-28-10; 97-1131, eff. 1-1-13;

2 97-1150, eff. 1-25-13; 97-1167, eff. 6-1-13.)

3 (430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)

4 Sec. 13.1. Preemption.

5 (a) Except as otherwise provided in the Firearm Concealed

6 Carry Act and subsections (b) and (c) of this Section, the ~~The~~

7 provisions of any ordinance enacted by any municipality which

8 requires registration or imposes greater restrictions or

9 limitations on the acquisition, possession and transfer of

10 firearms than are imposed by this Act, are not invalidated or

11 affected by this Act.

12 (b) Notwithstanding subsection (a) of this Section, the

13 regulation, licensing, possession, and registration of

14 handguns and ammunition for a handgun, and the transportation

15 of any firearm and ammunition by a holder of a valid Firearm

16 Owner's Identification Card issued by the Department of State

17 Police under this Act are exclusive powers and functions of

18 this State. Any ordinance or regulation, or portion of that

19 ordinance or regulation, enacted on or before the effective

20 date of this amendatory Act of the 98th General Assembly that

21 purports to impose regulations or restrictions on a holder of a

22 valid Firearm Owner's Identification Card issued by the

23 Department of State Police under this Act in a manner that is

24 inconsistent with this Act, on the effective date of this

25 amendatory Act of the 98th General Assembly, shall be invalid

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1 in its application to a holder of valid Firearm Owner's

2 Identification Card issued by the Department of State Police

3 under this Act.

4 (c) Notwithstanding subsection (a) of this Section, the

5 regulation of the possession or ownership of assault weapons

6 are exclusive powers and functions of this State. Any ordinance

7 or regulation, or portion of that ordinance or regulation, that

8 purports to regulate the possession or ownership of assault

9 weapons in a manner that is inconsistent with this Act, shall

10 be invalid unless the ordinance or regulation is enacted on,

11 before, or within 10 days after the effective date of this

12 amendatory Act of the 98th General Assembly. Any ordinance or

13 regulation described in this subsection (c) enacted more than

14 10 days after the effective date of this amendatory Act of the

15 98th General Assembly is invalid. An ordinance enacted on,

16 before, or within 10 days after the effective date of this

17 amendatory Act of the 98th General Assembly may be amended. The

18 enactment or amendment of ordinances under this subsection (c)

19 are subject to the submission requirements of Section 13.3. For

20 the purposes of this subsection, "assault weapons" means

21 firearms designated by either make or model or by a test or

22 list of cosmetic features that cumulatively would place the

23 firearm into a definition of "assault weapon" under the

24 ordinance.

25 (d) For the purposes of this Section, "handgun" has the

26 meaning ascribed to it in Section 5 of the Firearm Concealed

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1 Carry Act.

2 (e) This Section is a denial and limitation of home rule

3 powers and functions under subsection (h) of Section 6 of

4 Article VII of the Illinois Constitution.

5 (Source: P.A. 76-1939.)

6 (430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)

7 Sec. 13.2. The Department of State Police shall, 60 days

8 prior to the expiration of a Firearm Owner's Identification

9 Card, forward by first class mail to each person whose card is

10 to expire a notification of the expiration of the card and an

11 application which may be used to apply for renewal of the card.

12 It is the obligation of the holder of a Firearm Owner's

13 Identification Card to notify the Department of State Police of

14 any address change since the issuance of the Firearm Owner's

15 Identification Card. Whenever any person moves from the

16 residence address named on his or her card, the person shall

17 within 21 calendar days thereafter notify in a form and manner

18 prescribed by the Department of his or her old and new

19 residence addresses and the card number held by him or her. Any

20 person whose legal name has changed from the name on the card

21 that he or she has been previously issued must apply for a

22 corrected card within 30 calendar days after the change. The

23 cost for a corrected card shall be $5 which shall be deposited

24 into the State Police Firearm Services Fund ~~Firearm Owner's~~

25 ~~Notification Fund~~.

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1 (Source: P.A. 97-1131, eff. 1-1-13.)

2 Section 155. The Criminal Code of 2012 is amended by

3 changing Sections 24-1.6 and 24-2 as follows:

4 (720 ILCS 5/24-1.6)

5 Sec. 24-1.6. Aggravated unlawful use of a weapon.

6 (a) A person commits the offense of aggravated unlawful use

7 of a weapon when he or she knowingly:

8 (1) Carries on or about his or her person or in any

9 vehicle or concealed on or about his or her person except

10 when on his or her land or in his or her abode, legal

11 dwelling, or fixed place of business, or on the land or in

12 the legal dwelling of another person as an invitee with

13 that person's permission, any pistol, revolver, stun gun or

14 taser or other firearm; or

15 (2) Carries or possesses on or about his or her person,

16 upon any public street, alley, or other public lands within

17 the corporate limits of a city, village or incorporated

18 town, except when an invitee thereon or therein, for the

19 purpose of the display of such weapon or the lawful

20 commerce in weapons, or except when on his or her own land

21 or in his or her own abode, legal dwelling, or fixed place

22 of business, or on the land or in the legal dwelling of

23 another person as an invitee with that person's permission,

24 any pistol, revolver, stun gun or taser or other firearm;

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1 and

2 (3) One of the following factors is present:

3 (A) the firearm, other than a pistol, revolver, or

4 handgun, possessed was uncased, loaded, and

5 immediately accessible at the time of the offense; or

6 (A-5) the pistol, revolver, or handgun possessed

7 was uncased, loaded, and immediately accessible at the

8 time of the offense and the person possessing the

9 pistol, revolver, or handgun has not been issued a

10 currently valid license under the Firearm Concealed

11 Carry Act; or

12 (B) the firearm, other than a pistol, revolver, or

13 handgun, possessed was uncased, unloaded, and the

14 ammunition for the weapon was immediately accessible

15 at the time of the offense; or

16 (B-5) the pistol, revolver, or handgun possessed

17 was uncased, unloaded, and the ammunition for the

18 weapon was immediately accessible at the time of the

19 offense and the person possessing the pistol,

20 revolver, or handgun has not been issued a currently

21 valid license under the Firearm Concealed Carry Act; or

22 (C) the person possessing the firearm has not been

23 issued a currently valid Firearm Owner's

24 Identification Card; or

25 (D) the person possessing the weapon was

26 previously adjudicated a delinquent minor under the

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1 Juvenile Court Act of 1987 for an act that if committed

2 by an adult would be a felony; or

3 (E) the person possessing the weapon was engaged in

4 a misdemeanor violation of the Cannabis Control Act, in

5 a misdemeanor violation of the Illinois Controlled

6 Substances Act, or in a misdemeanor violation of the

7 Methamphetamine Control and Community Protection Act;

8 or

9 (F) (blank); or

10 (G) the person possessing the weapon had a order of

11 protection issued against him or her within the

12 previous 2 years; or

13 (H) the person possessing the weapon was engaged in

14 the commission or attempted commission of a

15 misdemeanor involving the use or threat of violence

16 against the person or property of another; or

17 (I) the person possessing the weapon was under 21

18 years of age and in possession of a handgun~~as defined~~

19 ~~in Section 24-3~~, unless the person under 21 is engaged

20 in lawful activities under the Wildlife Code or

21 described in subsection 24-2(b)(1), (b)(3), or

22 24-2(f).

23 (a-5) "Handgun" as used in this Section has the meaning

24 given to it in Section 5 of the Firearm Concealed Carry Act.

25 (b) "Stun gun or taser" as used in this Section has the

26 same definition given to it in Section 24-1 of this Code.

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1 (c) This Section does not apply to or affect the

2 transportation or possession of weapons that:

3 (i) are broken down in a non-functioning state; or

4 (ii) are not immediately accessible; or

5 (iii) are unloaded and enclosed in a case, firearm

6 carrying box, shipping box, or other container by a

7 person who has been issued a currently valid Firearm

8 Owner's Identification Card.

9 (d) Sentence.

10 (1) Aggravated unlawful use of a weapon is a Class 4

11 felony; a second or subsequent offense is a Class 2 felony

12 for which the person shall be sentenced to a term of

13 imprisonment of not less than 3 years and not more than 7

14 years.

15 (2) Except as otherwise provided in paragraphs (3) and

16 (4) of this subsection (d), a first offense of aggravated

17 unlawful use of a weapon committed with a firearm by a

18 person 18 years of age or older where the factors listed in

19 both items (A) and (C) or both items (A-5) and (C) of

20 paragraph (3) of subsection (a) are present is a Class 4

21 felony, for which the person shall be sentenced to a term

22 of imprisonment of not less than one year and not more than

23 3 years.

24 (3) Aggravated unlawful use of a weapon by a person who

25 has been previously convicted of a felony in this State or

26 another jurisdiction is a Class 2 felony for which the

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1 person shall be sentenced to a term of imprisonment of not

2 less than 3 years and not more than 7 years.

3 (4) Aggravated unlawful use of a weapon while wearing

4 or in possession of body armor as defined in Section 33F-1

5 by a person who has not been issued a valid Firearms

6 Owner's Identification Card in accordance with Section 5 of

7 the Firearm Owners Identification Card Act is a Class X

8 felony.

9 (e) The possession of each firearm in violation of this

10 Section constitutes a single and separate violation.

11 (Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09;

12 96-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)

13 (720 ILCS 5/24-2)

14 Sec. 24-2. Exemptions.

15 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and

16 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of

17 the following:

18 (1) Peace officers, and any person summoned by a peace

19 officer to assist in making arrests or preserving the

20 peace, while actually engaged in assisting such officer.

21 (2) Wardens, superintendents and keepers of prisons,

22 penitentiaries, jails and other institutions for the

23 detention of persons accused or convicted of an offense,

24 while in the performance of their official duty, or while

25 commuting between their homes and places of employment.

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1 (3) Members of the Armed Services or Reserve Forces of

2 the United States or the Illinois National Guard or the

3 Reserve Officers Training Corps, while in the performance

4 of their official duty.

5 (4) Special agents employed by a railroad or a public

6 utility to perform police functions, and guards of armored

7 car companies, while actually engaged in the performance of

8 the duties of their employment or commuting between their

9 homes and places of employment; and watchmen while actually

10 engaged in the performance of the duties of their

11 employment.

12 (5) Persons licensed as private security contractors,

13 private detectives, or private alarm contractors, or

14 employed by an agency certified by the Department of

15 Financial and Professional Regulation, if their duties

16 include the carrying of a weapon under the provisions of

17 the Private Detective, Private Alarm, Private Security,

18 Fingerprint Vendor, and Locksmith Act of 2004, while

19 actually engaged in the performance of the duties of their

20 employment or commuting between their homes and places of

21 employment, provided that such commuting is accomplished

22 within one hour from departure from home or place of

23 employment, as the case may be. A person shall be

24 considered eligible for this exemption if he or she has

25 completed the required 20 hours of training for a private

26 security contractor, private detective, or private alarm

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1 contractor, or employee of a licensed agency and 20 hours

2 of required firearm training, and has been issued a firearm

3 control card by the Department of Financial and

4 Professional Regulation. Conditions for the renewal of

5 firearm control cards issued under the provisions of this

6 Section shall be the same as for those cards issued under

7 the provisions of the Private Detective, Private Alarm,

8 Private Security, Fingerprint Vendor, and Locksmith Act of

9 2004. The firearm control card shall be carried by the

10 private security contractor, private detective, or private

11 alarm contractor, or employee of the licensed agency at all

12 times when he or she is in possession of a concealable

13 weapon.

14 (6) Any person regularly employed in a commercial or

15 industrial operation as a security guard for the protection

16 of persons employed and private property related to such

17 commercial or industrial operation, while actually engaged

18 in the performance of his or her duty or traveling between

19 sites or properties belonging to the employer, and who, as

20 a security guard, is a member of a security force of at

21 least 5 persons registered with the Department of Financial

22 and Professional Regulation; provided that such security

23 guard has successfully completed a course of study,

24 approved by and supervised by the Department of Financial

25 and Professional Regulation, consisting of not less than 40

26 hours of training that includes the theory of law

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1 enforcement, liability for acts, and the handling of

2 weapons. A person shall be considered eligible for this

3 exemption if he or she has completed the required 20 hours

4 of training for a security officer and 20 hours of required

5 firearm training, and has been issued a firearm control

6 card by the Department of Financial and Professional

7 Regulation. Conditions for the renewal of firearm control

8 cards issued under the provisions of this Section shall be

9 the same as for those cards issued under the provisions of

10 the Private Detective, Private Alarm, Private Security,

11 Fingerprint Vendor, and Locksmith Act of 2004. The firearm

12 control card shall be carried by the security guard at all

13 times when he or she is in possession of a concealable

14 weapon.

15 (7) Agents and investigators of the Illinois

16 Legislative Investigating Commission authorized by the

17 Commission to carry the weapons specified in subsections

18 24-1(a)(3) and 24-1(a)(4), while on duty in the course of

19 any investigation for the Commission.

20 (8) Persons employed by a financial institution for the

21 protection of other employees and property related to such

22 financial institution, while actually engaged in the

23 performance of their duties, commuting between their homes

24 and places of employment, or traveling between sites or

25 properties owned or operated by such financial

26 institution, provided that any person so employed has

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1 successfully completed a course of study, approved by and

2 supervised by the Department of Financial and Professional

3 Regulation, consisting of not less than 40 hours of

4 training which includes theory of law enforcement,

5 liability for acts, and the handling of weapons. A person

6 shall be considered to be eligible for this exemption if he

7 or she has completed the required 20 hours of training for

8 a security officer and 20 hours of required firearm

9 training, and has been issued a firearm control card by the

10 Department of Financial and Professional Regulation.

11 Conditions for renewal of firearm control cards issued

12 under the provisions of this Section shall be the same as

13 for those issued under the provisions of the Private

14 Detective, Private Alarm, Private Security, Fingerprint

15 Vendor, and Locksmith Act of 2004. Such firearm control

16 card shall be carried by the person so trained at all times

17 when such person is in possession of a concealable weapon.

18 For purposes of this subsection, "financial institution"

19 means a bank, savings and loan association, credit union or

20 company providing armored car services.

21 (9) Any person employed by an armored car company to

22 drive an armored car, while actually engaged in the

23 performance of his duties.

24 (10) Persons who have been classified as peace officers

25 pursuant to the Peace Officer Fire Investigation Act.

26 (11) Investigators of the Office of the State's

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1 Attorneys Appellate Prosecutor authorized by the board of

2 governors of the Office of the State's Attorneys Appellate

3 Prosecutor to carry weapons pursuant to Section 7.06 of the

4 State's Attorneys Appellate Prosecutor's Act.

5 (12) Special investigators appointed by a State's

6 Attorney under Section 3-9005 of the Counties Code.

7 (12.5) Probation officers while in the performance of

8 their duties, or while commuting between their homes,

9 places of employment or specific locations that are part of

10 their assigned duties, with the consent of the chief judge

11 of the circuit for which they are employed.

12 (13) Court Security Officers while in the performance

13 of their official duties, or while commuting between their

14 homes and places of employment, with the consent of the

15 Sheriff.

16 (13.5) A person employed as an armed security guard at

17 a nuclear energy, storage, weapons or development site or

18 facility regulated by the Nuclear Regulatory Commission

19 who has completed the background screening and training

20 mandated by the rules and regulations of the Nuclear

21 Regulatory Commission.

22 (14) Manufacture, transportation, or sale of weapons

23 to persons authorized under subdivisions (1) through

24 (13.5) of this subsection to possess those weapons.

25 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

26 to or affect any person carrying a concealed pistol, revolver,

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1 or handgun and the person has been issued a currently valid

2 license under the Firearm Concealed Carry Act at the time of

3 the commission of the offense.

4 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

5 24-1.6 do not apply to or affect any of the following:

6 (1) Members of any club or organization organized for

7 the purpose of practicing shooting at targets upon

8 established target ranges, whether public or private, and

9 patrons of such ranges, while such members or patrons are

10 using their firearms on those target ranges.

11 (2) Duly authorized military or civil organizations

12 while parading, with the special permission of the

13 Governor.

14 (3) Hunters, trappers or fishermen with a license or

15 permit while engaged in hunting, trapping or fishing.

16 (4) Transportation of weapons that are broken down in a

17 non-functioning state or are not immediately accessible.

18 (5) Carrying or possessing any pistol, revolver, stun

19 gun or taser or other firearm on the land or in the legal

20 dwelling of another person as an invitee with that person's

21 permission.

22 (c) Subsection 24-1(a)(7) does not apply to or affect any

23 of the following:

24 (1) Peace officers while in performance of their

25 official duties.

26 (2) Wardens, superintendents and keepers of prisons,

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1 penitentiaries, jails and other institutions for the

2 detention of persons accused or convicted of an offense.

3 (3) Members of the Armed Services or Reserve Forces of

4 the United States or the Illinois National Guard, while in

5 the performance of their official duty.

6 (4) Manufacture, transportation, or sale of machine

7 guns to persons authorized under subdivisions (1) through

8 (3) of this subsection to possess machine guns, if the

9 machine guns are broken down in a non-functioning state or

10 are not immediately accessible.

11 (5) Persons licensed under federal law to manufacture

12 any weapon from which 8 or more shots or bullets can be

13 discharged by a single function of the firing device, or

14 ammunition for such weapons, and actually engaged in the

15 business of manufacturing such weapons or ammunition, but

16 only with respect to activities which are within the lawful

17 scope of such business, such as the manufacture,

18 transportation, or testing of such weapons or ammunition.

19 This exemption does not authorize the general private

20 possession of any weapon from which 8 or more shots or

21 bullets can be discharged by a single function of the

22 firing device, but only such possession and activities as

23 are within the lawful scope of a licensed manufacturing

24 business described in this paragraph.

25 During transportation, such weapons shall be broken

26 down in a non-functioning state or not immediately

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1 accessible.

2 (6) The manufacture, transport, testing, delivery,

3 transfer or sale, and all lawful commercial or experimental

4 activities necessary thereto, of rifles, shotguns, and

5 weapons made from rifles or shotguns, or ammunition for

6 such rifles, shotguns or weapons, where engaged in by a

7 person operating as a contractor or subcontractor pursuant

8 to a contract or subcontract for the development and supply

9 of such rifles, shotguns, weapons or ammunition to the

10 United States government or any branch of the Armed Forces

11 of the United States, when such activities are necessary

12 and incident to fulfilling the terms of such contract.

13 The exemption granted under this subdivision (c)(6)

14 shall also apply to any authorized agent of any such

15 contractor or subcontractor who is operating within the

16 scope of his employment, where such activities involving

17 such weapon, weapons or ammunition are necessary and

18 incident to fulfilling the terms of such contract.

19 ~~During transportation, any such weapon shall be broken~~

20 ~~down in a non-functioning state, or not immediately~~

21 ~~accessible.~~

22 (7) A person possessing a rifle with a barrel or

23 barrels less than 16 inches in length if: (A) the person

24 has been issued a Curios and Relics license from the U.S.

25 Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)

26 the person is an active member of a bona fide, nationally

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1 recognized military re-enacting group and the modification

2 is required and necessary to accurately portray the weapon

3 for historical re-enactment purposes; the re-enactor is in

4 possession of a valid and current re-enacting group

5 membership credential; and the overall length of the weapon

6 as modified is not less than 26 inches.

7 ~~During transportation, any such weapon shall be broken~~

8 ~~down in a non-functioning state, or not immediately~~

9 ~~accessible.~~

10 (d) Subsection 24-1(a)(1) does not apply to the purchase,

11 possession or carrying of a black-jack or slung-shot by a peace

12 officer.

13 (e) Subsection 24-1(a)(8) does not apply to any owner,

14 manager or authorized employee of any place specified in that

15 subsection nor to any law enforcement officer.

16 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and

17 Section 24-1.6 do not apply to members of any club or

18 organization organized for the purpose of practicing shooting

19 at targets upon established target ranges, whether public or

20 private, while using their firearms on those target ranges.

21 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply

22 to:

23 (1) Members of the Armed Services or Reserve Forces of

24 the United States or the Illinois National Guard, while in

25 the performance of their official duty.

26 (2) Bonafide collectors of antique or surplus military

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1 ordinance.

2 (3) Laboratories having a department of forensic

3 ballistics, or specializing in the development of

4 ammunition or explosive ordinance.

5 (4) Commerce, preparation, assembly or possession of

6 explosive bullets by manufacturers of ammunition licensed

7 by the federal government, in connection with the supply of

8 those organizations and persons exempted by subdivision

9 (g)(1) of this Section, or like organizations and persons

10 outside this State, or the transportation of explosive

11 bullets to any organization or person exempted in this

12 Section by a common carrier or by a vehicle owned or leased

13 by an exempted manufacturer.

14 (g-5) Subsection 24-1(a)(6) does not apply to or affect

15 persons licensed under federal law to manufacture any device or

16 attachment of any kind designed, used, or intended for use in

17 silencing the report of any firearm, firearms, or ammunition

18 for those firearms equipped with those devices, and actually

19 engaged in the business of manufacturing those devices,

20 firearms, or ammunition, but only with respect to activities

21 that are within the lawful scope of that business, such as the

22 manufacture, transportation, or testing of those devices,

23 firearms, or ammunition. This exemption does not authorize the

24 general private possession of any device or attachment of any

25 kind designed, used, or intended for use in silencing the

26 report of any firearm, but only such possession and activities

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1 as are within the lawful scope of a licensed manufacturing

2 business described in this subsection (g-5). During

3 transportation, these devices shall be detached from any weapon

4 or not immediately accessible.

5 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

6 24-1.6 do not apply to or affect any parole agent or parole

7 supervisor who meets the qualifications and conditions

8 prescribed in Section 3-14-1.5 of the Unified Code of

9 Corrections.

10 (g-7) Subsection 24-1(a)(6) does not apply to a peace

11 officer while serving as a member of a tactical response team

12 or special operations team. A peace officer may not personally

13 own or apply for ownership of a device or attachment of any

14 kind designed, used, or intended for use in silencing the

15 report of any firearm. These devices shall be owned and

16 maintained by lawfully recognized units of government whose

17 duties include the investigation of criminal acts.

18 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and

19 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an

20 athlete's possession, transport on official Olympic and

21 Paralympic transit systems established for athletes, or use of

22 competition firearms sanctioned by the International Olympic

23 Committee, the International Paralympic Committee, the

24 International Shooting Sport Federation, or USA Shooting in

25 connection with such athlete's training for and participation

26 in shooting competitions at the 2016 Olympic and Paralympic

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1 Games and sanctioned test events leading up to the 2016 Olympic

2 and Paralympic Games.

3 (h) An information or indictment based upon a violation of

4 any subsection of this Article need not negative any exemptions

5 contained in this Article. The defendant shall have the burden

6 of proving such an exemption.

7 (i) Nothing in this Article shall prohibit, apply to, or

8 affect the transportation, carrying, or possession, of any

9 pistol or revolver, stun gun, taser, or other firearm consigned

10 to a common carrier operating under license of the State of

11 Illinois or the federal government, where such transportation,

12 carrying, or possession is incident to the lawful

13 transportation in which such common carrier is engaged; and

14 nothing in this Article shall prohibit, apply to, or affect the

15 transportation, carrying, or possession of any pistol,

16 revolver, stun gun, taser, or other firearm, not the subject of

17 and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of

18 this Article, which is unloaded and enclosed in a case, firearm

19 carrying box, shipping box, or other container, by the

20 possessor of a valid Firearm Owners Identification Card.

21 (Source: P.A. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742,

22 eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11;

23 97-676, eff. 6-1-12; 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13;

24 revised 8-23-12.)

25 Section 160. The Code of Criminal Procedure of 1963 is

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1 amended by changing Section 112A-14 as follows:

2 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)

3 Sec. 112A-14. Order of protection; remedies.

4 (a) Issuance of order. If the court finds that petitioner

5 has been abused by a family or household member, as defined in

6 this Article, an order of protection prohibiting such abuse

7 shall issue; provided that petitioner must also satisfy the

8 requirements of one of the following Sections, as appropriate:

9 Section 112A-17 on emergency orders, Section 112A-18 on interim

10 orders, or Section 112A-19 on plenary orders. Petitioner shall

11 not be denied an order of protection because petitioner or

12 respondent is a minor. The court, when determining whether or

13 not to issue an order of protection, shall not require physical

14 manifestations of abuse on the person of the victim.

15 Modification and extension of prior orders of protection shall

16 be in accordance with this Article.

17 (b) Remedies and standards. The remedies to be included in

18 an order of protection shall be determined in accordance with

19 this Section and one of the following Sections, as appropriate:

20 Section 112A-17 on emergency orders, Section 112A-18 on interim

21 orders, and Section 112A-19 on plenary orders. The remedies

22 listed in this subsection shall be in addition to other civil

23 or criminal remedies available to petitioner.

24 (1) Prohibition of abuse. Prohibit respondent's

25 harassment, interference with personal liberty,

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1 intimidation of a dependent, physical abuse or willful

2 deprivation, as defined in this Article, if such abuse has

3 occurred or otherwise appears likely to occur if not

4 prohibited.

5 (2) Grant of exclusive possession of residence.

6 Prohibit respondent from entering or remaining in any

7 residence, household, or premises of the petitioner,

8 including one owned or leased by respondent, if petitioner

9 has a right to occupancy thereof. The grant of exclusive

10 possession of the residence, household, or premises shall

11 not affect title to real property, nor shall the court be

12 limited by the standard set forth in Section 701 of the

13 Illinois Marriage and Dissolution of Marriage Act.

14 (A) Right to occupancy. A party has a right to

15 occupancy of a residence or household if it is solely

16 or jointly owned or leased by that party, that party's

17 spouse, a person with a legal duty to support that

18 party or a minor child in that party's care, or by any

19 person or entity other than the opposing party that

20 authorizes that party's occupancy (e.g., a domestic

21 violence shelter). Standards set forth in subparagraph

22 (B) shall not preclude equitable relief.

23 (B) Presumption of hardships. If petitioner and

24 respondent each has the right to occupancy of a

25 residence or household, the court shall balance (i) the

26 hardships to respondent and any minor child or

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1 dependent adult in respondent's care resulting from

2 entry of this remedy with (ii) the hardships to

3 petitioner and any minor child or dependent adult in

4 petitioner's care resulting from continued exposure to

5 the risk of abuse (should petitioner remain at the

6 residence or household) or from loss of possession of

7 the residence or household (should petitioner leave to

8 avoid the risk of abuse). When determining the balance

9 of hardships, the court shall also take into account

10 the accessibility of the residence or household.

11 Hardships need not be balanced if respondent does not

12 have a right to occupancy.

13 The balance of hardships is presumed to favor

14 possession by petitioner unless the presumption is

15 rebutted by a preponderance of the evidence, showing

16 that the hardships to respondent substantially

17 outweigh the hardships to petitioner and any minor

18 child or dependent adult in petitioner's care. The

19 court, on the request of petitioner or on its own

20 motion, may order respondent to provide suitable,

21 accessible, alternate housing for petitioner instead

22 of excluding respondent from a mutual residence or

23 household.

24 (3) Stay away order and additional prohibitions. Order

25 respondent to stay away from petitioner or any other person

26 protected by the order of protection, or prohibit

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1 respondent from entering or remaining present at

2 petitioner's school, place of employment, or other

3 specified places at times when petitioner is present, or

4 both, if reasonable, given the balance of hardships.

5 Hardships need not be balanced for the court to enter a

6 stay away order or prohibit entry if respondent has no

7 right to enter the premises.

8 If an order of protection grants petitioner exclusive

9 possession of the residence, or prohibits respondent from

10 entering the residence, or orders respondent to stay away

11 from petitioner or other protected persons, then the court

12 may allow respondent access to the residence to remove

13 items of clothing and personal adornment used exclusively

14 by respondent, medications, and other items as the court

15 directs. The right to access shall be exercised on only one

16 occasion as the court directs and in the presence of an

17 agreed-upon adult third party or law enforcement officer.

18 (4) Counseling. Require or recommend the respondent to

19 undergo counseling for a specified duration with a social

20 worker, psychologist, clinical psychologist, psychiatrist,

21 family service agency, alcohol or substance abuse program,

22 mental health center guidance counselor, agency providing

23 services to elders, program designed for domestic violence

24 abusers or any other guidance service the court deems

25 appropriate. The court may order the respondent in any

26 intimate partner relationship to report to an Illinois

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1 Department of Human Services protocol approved partner

2 abuse intervention program for an assessment and to follow

3 all recommended treatment.

4 (5) Physical care and possession of the minor child. In

5 order to protect the minor child from abuse, neglect, or

6 unwarranted separation from the person who has been the

7 minor child's primary caretaker, or to otherwise protect

8 the well-being of the minor child, the court may do either

9 or both of the following: (i) grant petitioner physical

10 care or possession of the minor child, or both, or (ii)

11 order respondent to return a minor child to, or not remove

12 a minor child from, the physical care of a parent or person

13 in loco parentis.

14 If a court finds, after a hearing, that respondent has

15 committed abuse (as defined in Section 112A-3) of a minor

16 child, there shall be a rebuttable presumption that

17 awarding physical care to respondent would not be in the

18 minor child's best interest.

19 (6) Temporary legal custody. Award temporary legal

20 custody to petitioner in accordance with this Section, the

21 Illinois Marriage and Dissolution of Marriage Act, the

22 Illinois Parentage Act of 1984, and this State's Uniform

23 Child-Custody Jurisdiction and Enforcement Act.

24 If a court finds, after a hearing, that respondent has

25 committed abuse (as defined in Section 112A-3) of a minor

26 child, there shall be a rebuttable presumption that

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1 awarding temporary legal custody to respondent would not be

2 in the child's best interest.

3 (7) Visitation. Determine the visitation rights, if

4 any, of respondent in any case in which the court awards

5 physical care or temporary legal custody of a minor child

6 to petitioner. The court shall restrict or deny

7 respondent's visitation with a minor child if the court

8 finds that respondent has done or is likely to do any of

9 the following: (i) abuse or endanger the minor child during

10 visitation; (ii) use the visitation as an opportunity to

11 abuse or harass petitioner or petitioner's family or

12 household members; (iii) improperly conceal or detain the

13 minor child; or (iv) otherwise act in a manner that is not

14 in the best interests of the minor child. The court shall

15 not be limited by the standards set forth in Section 607.1

16 of the Illinois Marriage and Dissolution of Marriage Act.

17 If the court grants visitation, the order shall specify

18 dates and times for the visitation to take place or other

19 specific parameters or conditions that are appropriate. No

20 order for visitation shall refer merely to the term

21 "reasonable visitation".

22 Petitioner may deny respondent access to the minor

23 child if, when respondent arrives for visitation,

24 respondent is under the influence of drugs or alcohol and

25 constitutes a threat to the safety and well-being of

26 petitioner or petitioner's minor children or is behaving in

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1 a violent or abusive manner.

2 If necessary to protect any member of petitioner's

3 family or household from future abuse, respondent shall be

4 prohibited from coming to petitioner's residence to meet

5 the minor child for visitation, and the parties shall

6 submit to the court their recommendations for reasonable

7 alternative arrangements for visitation. A person may be

8 approved to supervise visitation only after filing an

9 affidavit accepting that responsibility and acknowledging

10 accountability to the court.

11 (8) Removal or concealment of minor child. Prohibit

12 respondent from removing a minor child from the State or

13 concealing the child within the State.

14 (9) Order to appear. Order the respondent to appear in

15 court, alone or with a minor child, to prevent abuse,

16 neglect, removal or concealment of the child, to return the

17 child to the custody or care of the petitioner or to permit

18 any court-ordered interview or examination of the child or

19 the respondent.

20 (10) Possession of personal property. Grant petitioner

21 exclusive possession of personal property and, if

22 respondent has possession or control, direct respondent to

23 promptly make it available to petitioner, if:

24 (i) petitioner, but not respondent, owns the

25 property; or

26 (ii) the parties own the property jointly; sharing

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1 it would risk abuse of petitioner by respondent or is

2 impracticable; and the balance of hardships favors

3 temporary possession by petitioner.

4 If petitioner's sole claim to ownership of the property

5 is that it is marital property, the court may award

6 petitioner temporary possession thereof under the

7 standards of subparagraph (ii) of this paragraph only if a

8 proper proceeding has been filed under the Illinois

9 Marriage and Dissolution of Marriage Act, as now or

10 hereafter amended.

11 No order under this provision shall affect title to

12 property.

13 (11) Protection of property. Forbid the respondent

14 from taking, transferring, encumbering, concealing,

15 damaging or otherwise disposing of any real or personal

16 property, except as explicitly authorized by the court, if:

17 (i) petitioner, but not respondent, owns the

18 property; or

19 (ii) the parties own the property jointly, and the

20 balance of hardships favors granting this remedy.

21 If petitioner's sole claim to ownership of the property

22 is that it is marital property, the court may grant

23 petitioner relief under subparagraph (ii) of this

24 paragraph only if a proper proceeding has been filed under

25 the Illinois Marriage and Dissolution of Marriage Act, as

26 now or hereafter amended.

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1 The court may further prohibit respondent from

2 improperly using the financial or other resources of an

3 aged member of the family or household for the profit or

4 advantage of respondent or of any other person.

5 (11.5) Protection of animals. Grant the petitioner the

6 exclusive care, custody, or control of any animal owned,

7 possessed, leased, kept, or held by either the petitioner

8 or the respondent or a minor child residing in the

9 residence or household of either the petitioner or the

10 respondent and order the respondent to stay away from the

11 animal and forbid the respondent from taking,

12 transferring, encumbering, concealing, harming, or

13 otherwise disposing of the animal.

14 (12) Order for payment of support. Order respondent to

15 pay temporary support for the petitioner or any child in

16 the petitioner's care or custody, when the respondent has a

17 legal obligation to support that person, in accordance with

18 the Illinois Marriage and Dissolution of Marriage Act,

19 which shall govern, among other matters, the amount of

20 support, payment through the clerk and withholding of

21 income to secure payment. An order for child support may be

22 granted to a petitioner with lawful physical care or

23 custody of a child, or an order or agreement for physical

24 care or custody, prior to entry of an order for legal

25 custody. Such a support order shall expire upon entry of a

26 valid order granting legal custody to another, unless

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1 otherwise provided in the custody order.

2 (13) Order for payment of losses. Order respondent to

3 pay petitioner for losses suffered as a direct result of

4 the abuse. Such losses shall include, but not be limited

5 to, medical expenses, lost earnings or other support,

6 repair or replacement of property damaged or taken,

7 reasonable attorney's fees, court costs and moving or other

8 travel expenses, including additional reasonable expenses

9 for temporary shelter and restaurant meals.

10 (i) Losses affecting family needs. If a party is

11 entitled to seek maintenance, child support or

12 property distribution from the other party under the

13 Illinois Marriage and Dissolution of Marriage Act, as

14 now or hereafter amended, the court may order

15 respondent to reimburse petitioner's actual losses, to

16 the extent that such reimbursement would be

17 "appropriate temporary relief", as authorized by

18 subsection (a)(3) of Section 501 of that Act.

19 (ii) Recovery of expenses. In the case of an

20 improper concealment or removal of a minor child, the

21 court may order respondent to pay the reasonable

22 expenses incurred or to be incurred in the search for

23 and recovery of the minor child, including but not

24 limited to legal fees, court costs, private

25 investigator fees, and travel costs.

26 (14) Prohibition of entry. Prohibit the respondent

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1 from entering or remaining in the residence or household

2 while the respondent is under the influence of alcohol or

3 drugs and constitutes a threat to the safety and well-being

4 of the petitioner or the petitioner's children.

5 (14.5) Prohibition of firearm possession.

6 (A) A person who is subject to an existing order of

7 protection, interim order of protection, emergency

8 order of protection, or plenary order of protection,

9 issued under this Code may not lawfully possess weapons

10 under Section 8.2 of the Firearm Owners Identification

11 Card Act. ~~(a) Prohibit a respondent against whom an~~

12 ~~order of protection was issued from possessing any~~

13 ~~firearms during the duration of the order if the order:~~

14 ~~(1) was issued after a hearing of which such~~

15 ~~person received actual notice, and at which such~~

16 ~~person had an opportunity to participate;~~

17 ~~(2) restrains such person from harassing,~~

18 ~~stalking, or threatening an intimate partner of~~

19 ~~such person or child of such intimate partner or~~

20 ~~person, or engaging in other conduct that would~~

21 ~~place an intimate partner in reasonable fear of~~

22 ~~bodily injury to the partner or child; and~~

23 ~~(3)(i) includes a finding that such person~~

24 ~~represents a credible threat to the physical~~

25 ~~safety of such intimate partner or child; or (ii)~~

26 ~~by its terms explicitly prohibits the use,~~

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1 ~~attempted use, or threatened use of physical force~~

2 ~~against such intimate partner or child that would~~

3 ~~reasonably be expected to cause bodily injury.~~

4 (B)Any firearms in the possession of the respondent,

5 except as provided in subparagraph (C) of this

6 paragraph (14.5) ~~subsection (b)~~, shall be ordered by

7 the court to be turned over toa person with a valid

8 Firearm Owner's Identification Card ~~the local law~~

9 ~~enforcement agency~~ for safekeeping. The court shall

10 issue an order that the respondent's Firearm Owner's

11 Identification Card be turned over to the local law

12 enforcement agency, which in turn shall immediately

13 mail the card to the Department of State Police Firearm

14 Owner's Identification Card Office for safekeeping.

15 The period of safekeeping shall be for the duration of

16 the order of protection. The firearm or firearms and

17 Firearm Owner's Identification Card, if unexpired,

18 shall at the respondent's request be returned to the

19 respondent at expiration of the order of protection.

20 (C) ~~(b)~~ If the respondent is a peace officer as

21 defined in Section 2-13 of the Criminal Code of 2012,

22 the court shall order that any firearms used by the

23 respondent in the performance of his or her duties as a

24 peace officer be surrendered to the chief law

25 enforcement executive of the agency in which the

26 respondent is employed, who shall retain the firearms

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1 for safekeeping for the duration of the order of

2 protection.

3 (D) ~~(c)~~ Upon expiration of the period of

4 safekeeping, if the firearms or Firearm Owner's

5 Identification Card cannot be returned to respondent

6 because respondent cannot be located, fails to respond

7 to requests to retrieve the firearms, or is not

8 lawfully eligible to possess a firearm, upon petition

9 from the local law enforcement agency, the court may

10 order the local law enforcement agency to destroy the

11 firearms, use the firearms for training purposes, or

12 for any other application as deemed appropriate by the

13 local law enforcement agency; or that the firearms be

14 turned over to a third party who is lawfully eligible

15 to possess firearms, and who does not reside with

16 respondent.

17 (15) Prohibition of access to records. If an order of

18 protection prohibits respondent from having contact with

19 the minor child, or if petitioner's address is omitted

20 under subsection (b) of Section 112A-5, or if necessary to

21 prevent abuse or wrongful removal or concealment of a minor

22 child, the order shall deny respondent access to, and

23 prohibit respondent from inspecting, obtaining, or

24 attempting to inspect or obtain, school or any other

25 records of the minor child who is in the care of

26 petitioner.

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1 (16) Order for payment of shelter services. Order

2 respondent to reimburse a shelter providing temporary

3 housing and counseling services to the petitioner for the

4 cost of the services, as certified by the shelter and

5 deemed reasonable by the court.

6 (17) Order for injunctive relief. Enter injunctive

7 relief necessary or appropriate to prevent further abuse of

8 a family or household member or to effectuate one of the

9 granted remedies, if supported by the balance of hardships.

10 If the harm to be prevented by the injunction is abuse or

11 any other harm that one of the remedies listed in

12 paragraphs (1) through (16) of this subsection is designed

13 to prevent, no further evidence is necessary to establish

14 that the harm is an irreparable injury.

15 (c) Relevant factors; findings.

16 (1) In determining whether to grant a specific remedy,

17 other than payment of support, the court shall consider

18 relevant factors, including but not limited to the

19 following:

20 (i) the nature, frequency, severity, pattern and

21 consequences of the respondent's past abuse of the

22 petitioner or any family or household member,

23 including the concealment of his or her location in

24 order to evade service of process or notice, and the

25 likelihood of danger of future abuse to petitioner or

26 any member of petitioner's or respondent's family or

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1 household; and

2 (ii) the danger that any minor child will be abused

3 or neglected or improperly removed from the

4 jurisdiction, improperly concealed within the State or

5 improperly separated from the child's primary

6 caretaker.

7 (2) In comparing relative hardships resulting to the

8 parties from loss of possession of the family home, the

9 court shall consider relevant factors, including but not

10 limited to the following:

11 (i) availability, accessibility, cost, safety,

12 adequacy, location and other characteristics of

13 alternate housing for each party and any minor child or

14 dependent adult in the party's care;

15 (ii) the effect on the party's employment; and

16 (iii) the effect on the relationship of the party,

17 and any minor child or dependent adult in the party's

18 care, to family, school, church and community.

19 (3) Subject to the exceptions set forth in paragraph

20 (4) of this subsection, the court shall make its findings

21 in an official record or in writing, and shall at a minimum

22 set forth the following:

23 (i) That the court has considered the applicable

24 relevant factors described in paragraphs (1) and (2) of

25 this subsection.

26 (ii) Whether the conduct or actions of respondent,

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1 unless prohibited, will likely cause irreparable harm

2 or continued abuse.

3 (iii) Whether it is necessary to grant the

4 requested relief in order to protect petitioner or

5 other alleged abused persons.

6 (4) For purposes of issuing an ex parte emergency order

7 of protection, the court, as an alternative to or as a

8 supplement to making the findings described in paragraphs

9 (c)(3)(i) through (c)(3)(iii) of this subsection, may use

10 the following procedure:

11 When a verified petition for an emergency order of

12 protection in accordance with the requirements of Sections

13 112A-5 and 112A-17 is presented to the court, the court

14 shall examine petitioner on oath or affirmation. An

15 emergency order of protection shall be issued by the court

16 if it appears from the contents of the petition and the

17 examination of petitioner that the averments are

18 sufficient to indicate abuse by respondent and to support

19 the granting of relief under the issuance of the emergency

20 order of protection.

21 (5) Never married parties. No rights or

22 responsibilities for a minor child born outside of marriage

23 attach to a putative father until a father and child

24 relationship has been established under the Illinois

25 Parentage Act of 1984. Absent such an adjudication, no

26 putative father shall be granted temporary custody of the

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1 minor child, visitation with the minor child, or physical

2 care and possession of the minor child, nor shall an order

3 of payment for support of the minor child be entered.

4 (d) Balance of hardships; findings. If the court finds that

5 the balance of hardships does not support the granting of a

6 remedy governed by paragraph (2), (3), (10), (11), or (16) of

7 subsection (b) of this Section, which may require such

8 balancing, the court's findings shall so indicate and shall

9 include a finding as to whether granting the remedy will result

10 in hardship to respondent that would substantially outweigh the

11 hardship to petitioner from denial of the remedy. The findings

12 shall be an official record or in writing.

13 (e) Denial of remedies. Denial of any remedy shall not be

14 based, in whole or in part, on evidence that:

15 (1) Respondent has cause for any use of force, unless

16 that cause satisfies the standards for justifiable use of

17 force provided by Article 7 of the Criminal Code of 2012;

18 (2) Respondent was voluntarily intoxicated;

19 (3) Petitioner acted in self-defense or defense of

20 another, provided that, if petitioner utilized force, such

21 force was justifiable under Article 7 of the Criminal Code

22 of 2012;

23 (4) Petitioner did not act in self-defense or defense

24 of another;

25 (5) Petitioner left the residence or household to avoid

26 further abuse by respondent;

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1 (6) Petitioner did not leave the residence or household

2 to avoid further abuse by respondent;

3 (7) Conduct by any family or household member excused

4 the abuse by respondent, unless that same conduct would

5 have excused such abuse if the parties had not been family

6 or household members.

7 (Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11;

8 97-158, eff. 1-1-12; 97-1131, eff. 1-1-13; 97-1150, eff.

9 1-25-13.)

10 Section 165. The Mental Health and Developmental

11 Disabilities Confidentiality Act is amended by changing

12 Section 12 as follows:

13 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)

14 Sec. 12. (a) If the United States Secret Service or the

15 Department of State Police requests information from a mental

16 health or developmental disability facility, as defined in

17 Section 1-107 and 1-114 of the Mental Health and Developmental

18 Disabilities Code, relating to a specific recipient and the

19 facility director determines that disclosure of such

20 information may be necessary to protect the life of, or to

21 prevent the infliction of great bodily harm to, a public

22 official, or a person under the protection of the United States

23 Secret Service, only the following information may be

24 disclosed: the recipient's name, address, and age and the date

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1 of any admission to or discharge from a facility; and any

2 information which would indicate whether or not the recipient

3 has a history of violence or presents a danger of violence to

4 the person under protection. Any information so disclosed shall

5 be used for investigative purposes only and shall not be

6 publicly disseminated. Any person participating in good faith

7 in the disclosure of such information in accordance with this

8 provision shall have immunity from any liability, civil,

9 criminal or otherwise, if such information is disclosed relying

10 upon the representation of an officer of the United States

11 Secret Service or the Department of State Police that a person

12 is under the protection of the United States Secret Service or

13 is a public official.

14 For the purpose of this subsection (a), the term "public

15 official" means the Governor, Lieutenant Governor, Attorney

16 General, Secretary of State, State Comptroller, State

17 Treasurer, member of the General Assembly, member of the United

18 States Congress, Judge of the United States as defined in 28

19 U.S.C. 451, Justice of the United States as defined in 28

20 U.S.C. 451, United States Magistrate Judge as defined in 28

21 U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or

22 Supreme, Appellate, Circuit, or Associate Judge of the State of

23 Illinois. The term shall also include the spouse, child or

24 children of a public official.

25 (b) The Department of Human Services (acting as successor

26 to the Department of Mental Health and Developmental

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1 Disabilities) and all public or private hospitals and mental

2 health facilities are required, as hereafter described in this

3 subsection, to furnish the Department of State Police only such

4 information as may be required for the sole purpose of

5 determining whether an individual who may be or may have been a

6 patient is disqualified because of that status from receiving

7 or retaining a Firearm Owner's Identification Card or falls

8 within the federal prohibitors under subsection (e), (f), (g),

9 (r), (s), or (t) of Section 8 of the Firearm Owners

10 Identification Card Act, or falls within the federal

11 prohibitors in ~~under subsection (e) or (f) of Section 8 of the~~

12 ~~Firearm Owners Identification Card Act or~~ 18 U.S.C. 922(g) and

13 (n). All physicians, clinical psychologists, or qualified

14 examiners at public or private ~~hospitals and~~ mental health

15 facilities or parts thereof as defined in this subsection

16 shall, in the form and manner required by the Department,

17 provide notice directly to the Department of Human Services, or

18 to his or her employer who shall then report to the Department,

19 within 24 hours after determining that a patient as described

20 in clause (2) of the definition of "patient" in Section 1.1 of

21 the Firearm Owners Identification Card Act poses a clear and

22 present danger to himself, herself, or others, or is determined

23 to be developmentally disabled ~~such information as shall be~~

24 ~~necessary for the Department to comply with the reporting~~

25 ~~requirements to the Department of State Police~~. This ~~Such~~

26 information shall be furnished within 24 hours after the

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1 physician, clinical psychologist, or qualified examiner has

2 made a determination, or within7 days after admission to a

3 public or private hospital or mental health facility or the

4 provision of services to a patient described in clause (1) of

5 the definition of "patient" in Section 1.1 of the Firearm

6 Owners Identification Card Act ~~clause (2) of this subsection~~

7 ~~(b)~~. Any such information disclosed under this subsection shall

8 remain privileged and confidential, and shall not be

9 redisclosed, except as required by subsection (e) ~~clause (e)(2)~~

10 of Section 3.1 of the Firearm Owners Identification Card Act,

11 nor utilized for any other purpose. The method of requiring the

12 providing of such information shall guarantee that no

13 information is released beyond what is necessary for this

14 purpose. In addition, the information disclosed shall be

15 provided by the Department within the time period established

16 by Section 24-3 of the Criminal Code of 2012 regarding the

17 delivery of firearms. The method used shall be sufficient to

18 provide the necessary information within the prescribed time

19 period, which may include periodically providing lists to the

20 Department of Human Services or any public or private hospital

21 or mental health facility of Firearm Owner's Identification

22 Card applicants on which the Department or hospital shall

23 indicate the identities of those individuals who are to its

24 knowledge disqualified from having a Firearm Owner's

25 Identification Card for reasons described herein. The

26 Department may provide for a centralized source of information

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1 for the State on this subject under its jurisdiction. The

2 identity of the person reporting under this subsection shall

3 not be disclosed to the subject of the report. For the purposes

4 of this subsection, the physician, clinical psychologist, or

5 qualified examiner making the determination and his or her

6 employer shall not be held criminally, civilly, or

7 professionally liable for making or not making the notification

8 required under this subsection, except for willful or wanton

9 misconduct.

10 Any person, institution, or agency, under this Act,

11 participating in good faith in the reporting or disclosure of

12 records and communications otherwise in accordance with this

13 provision or with rules, regulations or guidelines issued by

14 the Department shall have immunity from any liability, civil,

15 criminal or otherwise, that might result by reason of the

16 action. For the purpose of any proceeding, civil or criminal,

17 arising out of a report or disclosure in accordance with this

18 provision, the good faith of any person, institution, or agency

19 so reporting or disclosing shall be presumed. The full extent

20 of the immunity provided in this subsection (b) shall apply to

21 any person, institution or agency that fails to make a report

22 or disclosure in the good faith belief that the report or

23 disclosure would violate federal regulations governing the

24 confidentiality of alcohol and drug abuse patient records

25 implementing 42 U.S.C. 290dd-3 and 290ee-3.

26 For purposes of this subsection (b) only, the following

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1 terms shall have the meaning prescribed:

2 (1) (Blank). ~~"Hospital" means only that type of~~

3 ~~institution which is providing full-time residential~~

4 ~~facilities and treatment.~~

5 (1.3) "Clear and present danger" has the meaning as

6 defined in Section 1.1 of the Firearm Owners Identification

7 Card Act.

8 (1.5) "Developmentally disabled" has the meaning as

9 defined in Section 1.1 of the Firearm Owners Identification

10 Card Act.

11 (2) "Patient" has the meaning as defined in Section 1.1

12 of the Firearm Owners Identification Card Act ~~shall include~~

13 ~~only: (i) a person who is an in-patient or resident of any~~

14 ~~public or private hospital or mental health facility or~~

15 ~~(ii) a person who is an out-patient or provided services by~~

16 ~~a public or private hospital or mental health facility~~

17 ~~whose mental condition is of such a nature that it is~~

18 ~~manifested by violent, suicidal, threatening, or~~

19 ~~assaultive behavior or reported behavior, for which there~~

20 ~~is a reasonable belief by a physician, clinical~~

21 ~~psychologist, or qualified examiner that the condition~~

22 ~~poses a clear and present or imminent danger to the~~

23 ~~patient, any other person or the community meaning the~~

24 ~~patient's condition poses a clear and present danger in~~

25 ~~accordance with subsection (f) of Section 8 of the Firearm~~

26 ~~Owners Identification Card Act. The terms physician,~~

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1 ~~clinical psychologist, and qualified examiner are defined~~

2 ~~in Sections 1-120, 1-103, and 1-122 of the Mental Health~~

3 ~~and Developmental Disabilities Code~~.

4 (3) "Mental health facility" has the meaning as defined

5 in Section 1.1 of the Firearm Owners Identification Card

6 Act ~~is defined by Section 1-114 of the Mental Health and~~

7 ~~Developmental Disabilities Code~~.

8 (c) Upon the request of a peace officer who takes a person

9 into custody and transports such person to a mental health or

10 developmental disability facility pursuant to Section 3-606 or

11 4-404 of the Mental Health and Developmental Disabilities Code

12 or who transports a person from such facility, a facility

13 director shall furnish said peace officer the name, address,

14 age and name of the nearest relative of the person transported

15 to or from the mental health or developmental disability

16 facility. In no case shall the facility director disclose to

17 the peace officer any information relating to the diagnosis,

18 treatment or evaluation of the person's mental or physical

19 health.

20 For the purposes of this subsection (c), the terms "mental

21 health or developmental disability facility", "peace officer"

22 and "facility director" shall have the meanings ascribed to

23 them in the Mental Health and Developmental Disabilities Code.

24 (d) Upon the request of a peace officer or prosecuting

25 authority who is conducting a bona fide investigation of a

26 criminal offense, or attempting to apprehend a fugitive from

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1 justice, a facility director may disclose whether a person is

2 present at the facility. Upon request of a peace officer or

3 prosecuting authority who has a valid forcible felony warrant

4 issued, a facility director shall disclose: (1) whether the

5 person who is the subject of the warrant is present at the

6 facility and (2) the date of that person's discharge or future

7 discharge from the facility. The requesting peace officer or

8 prosecuting authority must furnish a case number and the

9 purpose of the investigation or an outstanding arrest warrant

10 at the time of the request. Any person, institution, or agency

11 participating in good faith in disclosing such information in

12 accordance with this subsection (d) is immune from any

13 liability, civil, criminal or otherwise, that might result by

14 reason of the action.

15 (Source: P.A. 96-193, eff. 8-10-09; 97-1150, eff. 1-25-13.)

16 Section 170. The Probate Act of 1975 is amended by adding

17 Section 11a-24 as follows:

18 (755 ILCS 5/11a-24 new)

19 Sec. 11a-24. Notification; Department of State Police.

20 When a court adjudges a respondent to be a disabled person

21 under this Article, the court shall direct the circuit court

22 clerk to notify the Department of State Police, Firearm Owner's

23 Identification (FOID) Office, in a form and manner prescribed

24 by the Department of State Police, and shall forward a copy of

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1 the court order to the Department no later than 7 days after

2 the entry of the order. Upon receipt of the order, the

3 Department of State Police shall provide notification to the

4 National Instant Criminal Background Check System.

5 Section 195. No acceleration or delay. Where this Act makes

6 changes in a statute that is represented in this Act by text

7 that is not yet or no longer in effect (for example, a Section

8 represented by multiple versions), the use of that text does

9 not accelerate or delay the taking effect of (i) the changes

10 made by this Act or (ii) provisions derived from any other

11 Public Act.

12 Section 999. Effective date. This Act takes effect upon

13 becoming law.".