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Sen. John J. Cullerton
Filed: 7/9/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1453
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| 2 | | AMENDMENT NO. ______. Amend House Bill 1453 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. If and only if House Bill 183 of the 98th |
| 5 | | General Assembly becomes law, then the Firearm Concealed Carry |
| 6 | | Act is amended by changing Sections 10 and 65 as follows:
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| 7 | | (09800HB0183enr, Sec. 10)
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| 8 | | Sec. 10. Issuance of licenses to carry a concealed firearm. |
| 9 | | (a) The Department shall issue a license to carry a |
| 10 | | concealed firearm under this Act to an applicant who: |
| 11 | | (1) meets the qualifications of Section 25 of this Act; |
| 12 | | (2) has provided the application and documentation |
| 13 | | required in Section 30 of this Act; |
| 14 | | (3) has submitted the requisite fees; and |
| 15 | | (4) does not pose a danger to himself, herself, or |
| 16 | | others, or a threat to public safety as determined by the |
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| 1 | | Concealed Carry Licensing Review Board in accordance with |
| 2 | | Section 20. |
| 3 | | (b) The Department shall issue a renewal, corrected, or |
| 4 | | duplicate license as provided in this Act. |
| 5 | | (c) A license shall be valid throughout the State for a |
| 6 | | period of 5 years from the date of issuance. A license shall |
| 7 | | permit the licensee to : |
| 8 | | (1) carry a loaded or unloaded concealed firearm, fully |
| 9 | | concealed or partially concealed, on or about his or her |
| 10 | | person; and
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| 11 | | (2) keep or carry a loaded or unloaded concealed |
| 12 | | firearm on or about his or her person within a vehicle. |
| 13 | | (d) The Department shall make applications for a license |
| 14 | | available no later than 180 days after the effective date of |
| 15 | | this Act. The Department shall establish rules for the |
| 16 | | availability and submission of applications in accordance with |
| 17 | | this Act. |
| 18 | | (e) An application for a license submitted to the |
| 19 | | Department that contains all the information and materials |
| 20 | | required by this Act, including the requisite fee, shall be |
| 21 | | deemed completed. Except as otherwise provided in this Act, no |
| 22 | | later than 90 days after receipt of a completed application, |
| 23 | | the Department shall issue or deny the applicant a license. |
| 24 | | (f) The Department shall deny the applicant a license if |
| 25 | | the applicant fails to meet the requirements under this Act or |
| 26 | | the Department receives a determination from the Board that the |
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| 1 | | applicant is ineligible for a license. The Department must |
| 2 | | notify the applicant stating the grounds for the denial. The |
| 3 | | notice of denial must inform the applicant of his or her right |
| 4 | | to an appeal through administrative and judicial review. |
| 5 | | (g) A licensee shall possess a license at all times the |
| 6 | | licensee carries a concealed firearm except: |
| 7 | | (1) when the licensee is carrying or possessing a |
| 8 | | concealed firearm on his or her land or in his or her |
| 9 | | abode, legal dwelling, or fixed place of business, or on |
| 10 | | the land or in the legal dwelling of another person as an |
| 11 | | invitee with that person's permission; |
| 12 | | (2) when the person is authorized to carry a firearm |
| 13 | | under Section 24-2 of the Criminal Code of 2012, except |
| 14 | | subsection (a-5) of that Section; or |
| 15 | | (3) when the handgun is broken down in a |
| 16 | | non-functioning state, is not immediately accessible, or |
| 17 | | is unloaded and enclosed in a case. |
| 18 | | (h) If an officer of a law enforcement agency initiates an |
| 19 | | investigative stop, including but not limited to a traffic |
| 20 | | stop, of a licensee who is carrying a concealed firearm, upon |
| 21 | | the request of the officer the licensee shall immediately |
| 22 | | disclose to the officer that he or she is in possession of a |
| 23 | | concealed firearm under this Act, present the license upon the |
| 24 | | request of the officer, and identify the location of the |
| 25 | | concealed firearm. |
| 26 | | (i) The Department shall maintain a database of license |
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| 1 | | applicants and licensees. The database shall be available to |
| 2 | | all federal, State, and local law enforcement agencies, State's |
| 3 | | Attorneys, the Attorney General, and authorized court |
| 4 | | personnel. Within 180 days after the effective date of this |
| 5 | | Act, the database shall be searchable and provide all |
| 6 | | information included in the application, including the |
| 7 | | applicant's previous addresses within the 10 years prior to the |
| 8 | | license application and any information related to violations |
| 9 | | of this Act. No law enforcement agency, State's Attorney, |
| 10 | | Attorney General, or member or staff of the judiciary shall |
| 11 | | provide any information to a requester who is not entitled to |
| 12 | | it by law. |
| 13 | | (j) No later than 10 days after receipt of a completed |
| 14 | | application, the Department shall enter the relevant |
| 15 | | information about the applicant into the database under |
| 16 | | subsection (i) of this Section which is accessible by law |
| 17 | | enforcement agencies.
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| 18 | | (Source: 09800HB0183enr.)
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| 19 | | (09800HB0183enr, Sec. 65)
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| 20 | | Sec. 65. Prohibited areas. |
| 21 | | (a) A licensee under this Act shall not knowingly carry a |
| 22 | | firearm on or into: |
| 23 | | (1) Any building, real property, and parking area under |
| 24 | | the control of a public or private elementary or secondary |
| 25 | | school. |
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| 1 | | (2) Any building, real property, and parking area under |
| 2 | | the control of a pre-school or child care facility, |
| 3 | | including any room or portion of a building under the |
| 4 | | control of a pre-school or child care facility. Nothing in |
| 5 | | this paragraph shall prevent the operator of a child care |
| 6 | | facility in a family home from owning or possessing a |
| 7 | | firearm in the home or license under this Act, if no child |
| 8 | | under child care at the home is present in the home or the |
| 9 | | firearm in the home is stored in a locked container when a |
| 10 | | child under child care at the home is present in the home. |
| 11 | | (3) Any building, parking area, or portion of a |
| 12 | | building under the control of an officer of the executive |
| 13 | | or legislative branch of government, provided that nothing |
| 14 | | in this paragraph shall prohibit a licensee from carrying a |
| 15 | | concealed firearm onto the real property, bikeway, or trail |
| 16 | | in a park regulated by the Department of Natural Resources |
| 17 | | or any other designated public hunting area or building |
| 18 | | where firearm possession is permitted as established by the |
| 19 | | Department of Natural Resources under Section 1.8 of the |
| 20 | | Wildlife Code. |
| 21 | | (4) Any building designated for matters before a |
| 22 | | circuit court, appellate court, or the Supreme Court, or |
| 23 | | any building or portion of a building under the control of |
| 24 | | the Supreme Court. |
| 25 | | (5) Any building or portion of a building under the |
| 26 | | control of a unit of local government. |
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| 1 | | (6) Any building, real property, and parking area under |
| 2 | | the control of an adult or juvenile detention or |
| 3 | | correctional institution, prison, or jail. |
| 4 | | (7) Any building, real property, and parking area under |
| 5 | | the control of a public or private hospital or hospital |
| 6 | | affiliate, mental health facility, or nursing home. |
| 7 | | (8) Any bus, train, or form of transportation paid for |
| 8 | | in whole or in part with public funds, and any building, |
| 9 | | real property, and parking area under the control of a |
| 10 | | public transportation facility paid for in whole or in part |
| 11 | | with public funds. |
| 12 | | (9) Any building, real property, and parking area under |
| 13 | | the control of an establishment that serves alcohol on its |
| 14 | | premises, if more than 50% of the establishment's gross |
| 15 | | receipts within the prior 3 months is from the sale of |
| 16 | | alcohol. The owner of an establishment who knowingly fails |
| 17 | | to prohibit concealed firearms on its premises as provided |
| 18 | | in this paragraph or who knowingly makes a false statement |
| 19 | | or record to avoid the prohibition on concealed firearms |
| 20 | | under this paragraph is subject to the penalty under |
| 21 | | subsection (c-5) of Section 10-1 of the Liquor Control Act |
| 22 | | of 1934. |
| 23 | | (10) Any public gathering or special event conducted on |
| 24 | | property open to the public that requires the issuance of a |
| 25 | | permit from the unit of local government, provided this |
| 26 | | prohibition shall not apply to a licensee who must walk |
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| 1 | | through a public gathering in order to access his or her |
| 2 | | residence, place of business, or vehicle. |
| 3 | | (11) Any building or real property that has been issued |
| 4 | | a Special Event Retailer's license as defined in Section |
| 5 | | 1-3.17.1 of the Liquor Control Act during the time |
| 6 | | designated for the sale of alcohol by the Special Event |
| 7 | | Retailer's license, or a Special use permit license as |
| 8 | | defined in subsection (q) of Section 5-1 of the Liquor |
| 9 | | Control Act during the time designated for the sale of |
| 10 | | alcohol by the Special use permit license. |
| 11 | | (12) Any public playground. |
| 12 | | (13) Any public park, athletic area, or athletic |
| 13 | | facility under the control of a municipality or park |
| 14 | | district, provided nothing in this Section shall prohibit a |
| 15 | | licensee from carrying a concealed firearm while on a trail |
| 16 | | or bikeway if only a portion of the trail or bikeway |
| 17 | | includes a public park. |
| 18 | | (14) Any real property under the control of the Cook |
| 19 | | County Forest Preserve District. |
| 20 | | (15) Any building, classroom, laboratory, medical |
| 21 | | clinic, hospital, artistic venue, athletic venue, |
| 22 | | entertainment venue, officially recognized |
| 23 | | university-related organization property, whether owned or |
| 24 | | leased, and any real property, including parking areas, |
| 25 | | sidewalks, and common areas under the control of a public |
| 26 | | or private community college, college, or university. |
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| 1 | | (16) Any building, real property, or parking area under |
| 2 | | the control of a gaming facility licensed under the |
| 3 | | Riverboat Gambling Act or the Illinois Horse Racing Act of |
| 4 | | 1975, including an inter-track wagering location licensee. |
| 5 | | (17) Any stadium, arena, or the real property or |
| 6 | | parking area under the control of a stadium, arena, or any |
| 7 | | collegiate or professional sporting event. |
| 8 | | (18) Any building, real property, or parking area under |
| 9 | | the control of a public library. |
| 10 | | (19) Any building, real property, or parking area under |
| 11 | | the control of an airport. |
| 12 | | (20) Any building, real property, or parking area under |
| 13 | | the control of an amusement park. |
| 14 | | (21) Any building, real property, or parking area under |
| 15 | | the control of a zoo or museum. |
| 16 | | (22) Any street, driveway, parking area, property, |
| 17 | | building, or facility, owned, leased, controlled, or used |
| 18 | | by a nuclear energy, storage, weapons, or development site |
| 19 | | or facility regulated by the federal Nuclear Regulatory |
| 20 | | Commission. The licensee shall not under any circumstance |
| 21 | | store a firearm or ammunition in his or her vehicle or in a |
| 22 | | compartment or container within a vehicle located anywhere |
| 23 | | in or on the street, driveway, parking area, property, |
| 24 | | building, or facility described in this paragraph. |
| 25 | | (23) Any area where firearms are prohibited under |
| 26 | | federal law. |
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| 1 | | (a-5) Nothing in this Act shall prohibit a public or |
| 2 | | private community college, college, or university from: |
| 3 | | (1) prohibiting persons from carrying a firearm within |
| 4 | | a vehicle owned, leased, or controlled by the college or |
| 5 | | university; |
| 6 | | (2) developing resolutions, regulations, or policies |
| 7 | | regarding student, employee, or visitor misconduct and |
| 8 | | discipline, including suspension and expulsion; |
| 9 | | (3) developing resolutions, regulations, or policies |
| 10 | | regarding the storage or maintenance of firearms, which |
| 11 | | must include designated areas where persons can park |
| 12 | | vehicles that carry firearms; and |
| 13 | | (4) permitting the carrying or use of firearms for the |
| 14 | | purpose of instruction and curriculum of officially |
| 15 | | recognized programs, including but not limited to military |
| 16 | | science and law enforcement training programs, or in any |
| 17 | | designated area used for hunting purposes or target |
| 18 | | shooting. |
| 19 | | (a-10) The owner of private real property of any type may |
| 20 | | prohibit the carrying of concealed firearms on the property |
| 21 | | under his or her control. The owner must post a sign in |
| 22 | | accordance with subsection (d) of this Section indicating that |
| 23 | | firearms are prohibited on the property, unless the property is |
| 24 | | a private residence. |
| 25 | | (b) Notwithstanding subsections (a), (a-5), and (a-10) of |
| 26 | | this Section except under paragraph (22) or (23) of subsection |
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| 1 | | (a), any licensee prohibited from carrying a concealed firearm |
| 2 | | into the parking area of a prohibited location specified in |
| 3 | | subsection (a), (a-5), or (a-10) of this Section shall be |
| 4 | | permitted to carry a concealed firearm on or about his or her |
| 5 | | person within a vehicle into the parking area and may store a |
| 6 | | firearm or ammunition concealed in a case within a locked |
| 7 | | vehicle or locked container out of plain view within the |
| 8 | | vehicle in the parking area. A licensee may carry a concealed |
| 9 | | firearm in the immediate area surrounding his or her vehicle |
| 10 | | within a prohibited parking lot area only for the limited |
| 11 | | purpose of storing or retrieving a firearm within the vehicle's |
| 12 | | trunk, provided the licensee ensures the concealed firearm is |
| 13 | | unloaded prior to exiting the vehicle. For purposes of this |
| 14 | | subsection, "case" includes a glove compartment or console that |
| 15 | | completely encloses the concealed firearm or ammunition, the |
| 16 | | trunk of the vehicle, or a firearm carrying box, shipping box, |
| 17 | | or other container. |
| 18 | | (c) A licensee shall not be in violation of this Section |
| 19 | | while he or she is traveling along a public right of way that |
| 20 | | touches or crosses any of the premises under subsection (a), |
| 21 | | (a-5), or (a-10) of this Section if the concealed firearm is |
| 22 | | carried on his or her person in accordance with the provisions |
| 23 | | of this Act or is being transported in a vehicle by the |
| 24 | | licensee in accordance with all other applicable provisions of |
| 25 | | law. |
| 26 | | (d) Signs stating that the carrying of firearms is |
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| 1 | | prohibited shall be clearly and conspicuously posted at the |
| 2 | | entrance of a building, premises, or real property specified in |
| 3 | | subsection (a-10) and paragraph (9) of subsection (a) of this |
| 4 | | Section as a prohibited area, unless the building or premises |
| 5 | | is a private residence. Signs shall be of a uniform design as |
| 6 | | established by the Department and shall be 4 inches by 6 inches |
| 7 | | in size. The Department shall adopt rules for standardized |
| 8 | | signs to be used under this subsection.
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| 9 | | (Source: 09800HB0183enr.)
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| 10 | | Section 10. If and only if House Bill 183 of the 98th |
| 11 | | General Assembly becomes law, then the Firearm Owners |
| 12 | | Identification Card Act is amended by changing Section 8.1 as |
| 13 | | follows:
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| 14 | | (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
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| 15 | | Sec. 8.1. Notifications to the Department of State Police.
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| 16 | | (a) The Circuit Clerk shall, in the form and manner |
| 17 | | required by the
Supreme Court, notify the Department of State |
| 18 | | Police of all final dispositions
of cases for which the |
| 19 | | Department has received information reported to it under
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| 20 | | Sections 2.1 and 2.2 of the Criminal Identification Act.
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| 21 | | (b) Upon adjudication of any individual as a mentally |
| 22 | | disabled person as defined in Section 1.1 of this Act or a |
| 23 | | finding that a person has been involuntarily admitted, the |
| 24 | | court shall direct the circuit court clerk to immediately |
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| 1 | | notify the Department of State Police, Firearm Owner's |
| 2 | | Identification (FOID) department, and shall forward a copy of |
| 3 | | the court order to the Department. |
| 4 | | (c) The Department of Human Services shall, in the form and |
| 5 | | manner prescribed by the Department of State Police, report all |
| 6 | | information collected under subsection (b) of Section 12 of the |
| 7 | | Mental Health and Developmental Disabilities Confidentiality |
| 8 | | Act for the purpose of determining whether a person who may be |
| 9 | | or may have been a patient in a mental health facility is |
| 10 | | disqualified under State or federal law from receiving or |
| 11 | | retaining a Firearm Owner's Identification Card, or purchasing |
| 12 | | a weapon. |
| 13 | | (d) If a person is determined to pose a clear and present |
| 14 | | danger to himself, herself, or to others: |
| 15 | | (1) by a physician, clinical psychologist, or |
| 16 | | qualified examiner, law enforcement official, or school |
| 17 | | administrator, or is determined to be developmentally |
| 18 | | disabled by a physician, clinical psychologist, or |
| 19 | | qualified examiner, whether employed by the State or |
| 20 | | privately by a private mental health facility, then the |
| 21 | | physician, clinical psychologist, or qualified examiner |
| 22 | | shall, within 24 hours of making the determination, notify |
| 23 | | the Department of Human Services that the person poses a |
| 24 | | clear and present danger or is developmentally disabled; or |
| 25 | | (2) by a law enforcement official or school |
| 26 | | administrator, then the law enforcement official or school |
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| 1 | | administrator shall, within 24 hours of making the |
| 2 | | determination, notify the Department of State Police that |
| 3 | | the person poses a clear and present danger. |
| 4 | | The Department of Human Services shall immediately update |
| 5 | | its records and information relating to mental health and |
| 6 | | developmental disabilities, and if appropriate, shall notify |
| 7 | | the Department of State Police in a form and manner prescribed |
| 8 | | by the Department of State Police. The Department of State |
| 9 | | Police shall determine whether to revoke the person's Firearm |
| 10 | | Owner's Identification Card under Section 8 of this Act. Any |
| 11 | | information disclosed under this subsection shall remain |
| 12 | | privileged and confidential, and shall not be redisclosed, |
| 13 | | except as required under subsection (e) of Section 3.1 of this |
| 14 | | Act, nor used for any other purpose. The method of providing |
| 15 | | this information shall guarantee that the information is not |
| 16 | | released beyond what is necessary for the purpose of this |
| 17 | | Section and shall be provided by rule by the Department of |
| 18 | | Human Services. The identity of the person reporting under this |
| 19 | | Section shall not be disclosed to the subject of the report. |
| 20 | | The physician, clinical psychologist, qualified examiner, law |
| 21 | | enforcement official, or school administrator making the |
| 22 | | determination and his or her employer shall not be held |
| 23 | | criminally, civilly, or professionally liable for making or not |
| 24 | | making the notification required under this subsection, except |
| 25 | | for willful or wanton misconduct. |
| 26 | | (e) The Department of State Police shall adopt rules to |