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1 | | "Handgun" means any device which is designed to expel a |
2 | | projectile or projectiles by the action of an explosion, |
3 | | expansion of gas, or escape of gas that is designed to be held |
4 | | and fired by the use of a single hand. "Handgun" does not |
5 | | include: |
6 | | (1) a stun gun or taser; |
7 | | (2) a machine gun as defined in item (i) of paragraph |
8 | | (7) of subsection (a) of Section 24-1 of the Criminal Code |
9 | | of 2012; |
10 | | (3) a short-barreled rifle or shotgun as defined in |
11 | | item (ii) of paragraph (7) of subsection (a) of Section |
12 | | 24-1 of the Criminal Code of 2012; or |
13 | | (4) any pneumatic gun, spring gun, paint ball gun, or |
14 | | B-B gun which
expels a single globular projectile not |
15 | | exceeding .18 inch in
diameter or which has a maximum |
16 | | muzzle velocity of less than 700 feet
per second or which |
17 | | expels breakable paint balls containing washable marking |
18 | | colors. |
19 | | "Law enforcement agency" means any federal, State, or local |
20 | | law enforcement agency, including offices of State's Attorneys |
21 | | and the Office of the Attorney General. |
22 | | "License" means a license issued by the Department of State |
23 | | Police to carry a concealed handgun. |
24 | | "Licensee" means a person issued a license to carry a |
25 | | concealed handgun. |
26 | | "Municipality" has the meaning ascribed to it in Section 1 |
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1 | | of Article VII of the Illinois Constitution. |
2 | | "Unit of local government" has the meaning ascribed to it |
3 | | in Section 1 of Article VII of the Illinois Constitution.
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4 | | Section 10. Issuance of licenses to carry a concealed |
5 | | firearm. |
6 | | (a) The Department shall issue a license to carry a |
7 | | concealed firearm under this Act to an applicant who: |
8 | | (1) meets the requirements of this Section; |
9 | | (2) meets the qualifications of Section 25 of this Act; |
10 | | (3) has provided the application and documentation |
11 | | required in Section 30 of this Act; and |
12 | | (4) has submitted the requisite fees. |
13 | | (b) The Department shall issue a renewal, corrected, or |
14 | | duplicate license as provided in this Act. |
15 | | (c) A license shall be valid throughout the State for a |
16 | | period of 5 years from the date of issuance. A license shall |
17 | | permit the licensee to: |
18 | | (1) carry a loaded or unloaded concealed firearm, fully |
19 | | concealed or partially concealed, on or about his or her |
20 | | person; and
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21 | | (2) keep or carry a loaded or unloaded concealed |
22 | | firearm on or about his or her person within a vehicle. |
23 | | (d) The Department shall make applications for a license |
24 | | available no later than 180 days after the effective date of |
25 | | this Act. The Department shall establish rules for the |
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1 | | availability and submission of applications in accordance with |
2 | | this Act. |
3 | | (e) An application for a license submitted to the |
4 | | Department that contains all the information and materials |
5 | | required by this Act, including the requisite fee, shall be |
6 | | deemed completed. Except as otherwise provided in this Act, no |
7 | | later than 90 days after receipt of a completed application, |
8 | | the Department shall issue or deny the applicant a license. |
9 | | (f) The Department shall deny the applicant a license if |
10 | | the applicant fails to meet the requirements under this Act or |
11 | | the Department receives a determination from the Board that the |
12 | | applicant is ineligible for a license. The Department must |
13 | | notify the applicant stating the grounds for the denial. The |
14 | | notice of denial must inform the applicant of his or her right |
15 | | to an appeal through administrative and judicial review. |
16 | | (g) A licensee shall possess a license at all times the |
17 | | licensee carries a concealed firearm except: |
18 | | (1) when the licensee is carrying or possessing a |
19 | | concealed firearm on his or her land or in his or her abode |
20 | | or legal dwelling or in the abode or legal dwelling of |
21 | | another person as an invitee with that person's permission; |
22 | | (2) when the person is authorized to carry a firearm |
23 | | under Section 24-2 of the Criminal Code of 2012, except |
24 | | subsection (a-5) of that Section; or |
25 | | (3) when the handgun is broken down in a |
26 | | non-functioning state, is not immediately accessible, or |
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1 | | is unloaded and enclosed in a case. |
2 | | (h) If an officer of a law enforcement agency initiates an |
3 | | investigative stop, including but not limited to a traffic |
4 | | stop, of a licensee who is carrying a concealed firearm, upon |
5 | | the request of the officer the licensee shall disclose to the |
6 | | officer that he or she is in possession of a concealed firearm |
7 | | under this Act, present the license upon the request of the |
8 | | officer, and identify the location of the concealed firearm. |
9 | | (i) The Department shall maintain a database of license |
10 | | applicants and licenses. The database shall be available to all |
11 | | federal, State, and local law enforcement agencies, State's |
12 | | Attorneys, the Attorney General, and authorized court |
13 | | personnel. Within 180 days after the effective date of this |
14 | | Act, the database shall be searchable and provide all |
15 | | information included in the application, including the |
16 | | applicant's previous addresses within the 10 years prior to the |
17 | | license application and any information related to violations |
18 | | of this Act. No law enforcement agency, State's Attorney, |
19 | | Attorney General, or member or staff of the judiciary shall |
20 | | provide any information to a requester who is not entitled to |
21 | | it by law. |
22 | | (j) No later than 10 days after receipt of a completed |
23 | | application, the Department shall enter the relevant |
24 | | information about the applicant into the database under |
25 | | subsection (i) of this Section which is accessible by law |
26 | | enforcement agencies.
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1 | | Section 15. Objections by law enforcement agencies. |
2 | | (a) Any law enforcement agency may submit an objection to a |
3 | | license applicant based upon a reasonable suspicion that the |
4 | | applicant is a danger to himself or herself or others, or a |
5 | | threat to public safety. The objection shall be made by the |
6 | | chief law enforcement officer of the law enforcement agency, or |
7 | | his or her designee, and must include any information relevant |
8 | | to the objection. If a law enforcement agency submits an |
9 | | objection within 30 days after the entry of an applicant into |
10 | | the database, the Department shall submit the objection and all |
11 | | information related to the application to the Board within 10 |
12 | | days of completing all necessary background checks. |
13 | | (b) If an applicant has 5 or more arrests for any reason, |
14 | | that have been entered into the Law Enforcement Agencies Data |
15 | | System (LEADS), within the 7 years preceding the date of |
16 | | application for a license, or has 3 or more arrests within the |
17 | | 7 years preceding the date of application for a license for any |
18 | | combination of gang-related offenses, the Department shall |
19 | | object and submit the applicant's arrest record, the |
20 | | application materials, and any additional information |
21 | | submitted by a law enforcement agency to the Board. For |
22 | | purposes of this subsection, "gang-related offense" is an |
23 | | offense described in Section 12-6.4, Section 24-1.8, Section |
24 | | 25-5, Section 33-4, or Section 33G-4, or in paragraph (1) of |
25 | | subsection (a) of Section 12-6.2, paragraph (2) of subsection |
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1 | | (b) of Section 16-30, paragraph (2) of subsection (b) of |
2 | | Section 31-4, or item (iii) of paragraph (1.5) of subsection |
3 | | (i) of Section 48-1 of the Criminal Code of 2012. |
4 | | (c) The referral of an objection under this Section to the |
5 | | Board shall toll the 90-day period for the Department to issue |
6 | | or deny the applicant a license under subsection (e) of Section |
7 | | 10 of this Act, during the period of review and until the Board |
8 | | issues its decision. |
9 | | (d) If no objection is made by a law enforcement agency or |
10 | | the Department under this Section, the Department shall process |
11 | | the application in accordance with this Act.
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12 | | Section 20. Concealed Carry Licensing Review Board. |
13 | | (a) There is hereby created a Concealed Carry Licensing |
14 | | Review Board to consider any objection to an applicant's |
15 | | eligibility to obtain a license under this Act submitted by a |
16 | | law enforcement agency or the Department under Section 15 of |
17 | | this Act. The Board shall consist of 7 commissioners to be |
18 | | appointed by the Governor, by and with the advice and consent |
19 | | of the Senate, with 3 commissioners residing within the First |
20 | | Judicial District and a commissioner residing within each of |
21 | | the remaining Judicial Districts. No more than 4 commissioners |
22 | | shall be of the same political party. The Governor shall |
23 | | designate one commissioner as the Chairperson. The Board shall |
24 | | consist of: |
25 | | (1) one commissioner with at least 5 years of service |
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1 | | as a federal judge; |
2 | | (2) 2 commissioners with at least 5 years of experience |
3 | | serving as an attorney with the United States Department of |
4 | | Justice; |
5 | | (3) 3 commissioners with at least 5 years of experience |
6 | | as a federal agent or employee with investigative |
7 | | experience or duties related to criminal justice under the |
8 | | United States Department of Justice, Drug Enforcement |
9 | | Administration, Department of Homeland Security, or |
10 | | Federal Bureau of Investigation; and |
11 | | (4) one member with at least 5 years of experience as a |
12 | | licensed physician or clinical psychologist with expertise |
13 | | in the diagnosis and treatment of mental illness. |
14 | | (b) Each commissioner shall serve a term that coincides |
15 | | with the Governor's term of office and shall remain in office |
16 | | until a newly inaugurated Governor appoints members. A newly |
17 | | inaugurated Governor may appoint current or past |
18 | | commissioners. The Governor shall appoint a person to fill a |
19 | | vacancy in accordance with this Section. The Governor may |
20 | | remove a commissioner for incompetence, neglect of duty, |
21 | | malfeasance, or inability to serve. Commissioners shall |
22 | | receive compensation in an amount equal to the compensation of |
23 | | members of the Executive Ethics Commission and may be |
24 | | reimbursed for reasonable expenses actually incurred in the |
25 | | performance of their Board duties. |
26 | | (c) The Board shall meet as often as necessary to consider |
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1 | | objections to applicants for a license under this Act. The |
2 | | Chairperson shall call meetings and at the direction of the |
3 | | Chairperson if necessary to ensure the participation of a |
4 | | commissioner, the Board shall allow commissioner participation |
5 | | by electronic communication. Any commissioner communicating |
6 | | electronically shall be deemed present for purposes of |
7 | | establishing a quorum and voting. |
8 | | (d) The Board shall adopt rules for the conduct of |
9 | | hearings. The Board shall maintain a record of its decisions |
10 | | and all materials considered in making its decisions. All Board |
11 | | decisions and voting records shall be kept confidential and all |
12 | | materials considered by the Board shall be exempt from |
13 | | inspection except upon order of a court. |
14 | | (e) In considering an objection of a law enforcement agency |
15 | | or the Department, the Board shall review the materials |
16 | | received with the objection from the law enforcement agency and |
17 | | the Department. By a vote of at least 4 commissioners, the |
18 | | Board may request additional information from or the testimony |
19 | | of a law enforcement agency or the applicant. The Board may |
20 | | only consider information submitted by the Department, a law |
21 | | enforcement agency, or the applicant. The Board shall review |
22 | | each objection and determine by a majority of commissioners |
23 | | whether an applicant is eligible for a license. |
24 | | (f) The Board shall issue a decision within 30 days of |
25 | | receipt of the objection from the Department. The Board need |
26 | | not issue a decision within 30 days if: |
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1 | | (1) the Board requests information from the applicant |
2 | | in accordance with subsection (e) of this Section, in which |
3 | | case the Board shall make a decision within 30 days of |
4 | | receipt of the required information from the applicant; |
5 | | (2) the applicant agrees, in writing, to allow the |
6 | | Board additional time to consider an objection; or |
7 | | (3) the Board notifies the applicant and the Department |
8 | | that the Board needs an additional 30 days to issue a |
9 | | decision. |
10 | | (g) If the Board determines by a preponderance of the |
11 | | evidence that the applicant poses a danger to himself or |
12 | | herself, others, or a threat to public safety, the Board shall |
13 | | affirm the objection of the law enforcement agency or the |
14 | | Department and shall notify the Department that the applicant |
15 | | is ineligible for a license. If the Board does not determine by |
16 | | a preponderance of the evidence that the applicant poses a |
17 | | danger to himself or herself, others, or a threat to public |
18 | | safety, the Board shall notify the Department that the |
19 | | applicant is eligible for a license. |
20 | | (h) Meetings of the Board shall not be subject to the Open |
21 | | Meetings Act and records of the Board shall not be subject to |
22 | | the Freedom of Information Act.
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23 | | Section 25. Qualifications for a license. |
24 | | The Department shall issue a license to an applicant |
25 | | completing an application in accordance with Section 30 of this |
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1 | | Act if the person: |
2 | | (1) is at least 21 years of age; |
3 | | (2) has a currently valid Firearm Owner's |
4 | | Identification Card, or meets the requirements for the |
5 | | issuance of a Firearm Owner's Identification Card and is |
6 | | not prohibited under the Firearm Owners Identification |
7 | | Card Act or federal law from possessing or receiving a |
8 | | firearm; |
9 | | (3) has not been convicted or found guilty in this |
10 | | State or in any other state of: |
11 | | (A) a misdemeanor involving the use or threat of |
12 | | physical force or violence to any person within the 5 |
13 | | years preceding the date of the license application; or |
14 | | (B) 2 or more violations related to driving while |
15 | | under the influence of alcohol, other drug or drugs, |
16 | | intoxicating compound or compounds, or any combination |
17 | | thereof, within the 5 years preceding the date of the |
18 | | license application; and |
19 | | (4) is not the subject of a pending arrest warrant, |
20 | | prosecution, or proceeding for an offense or action that |
21 | | could lead to disqualification to own or possess a firearm; |
22 | | (5) has not been in residential or court-ordered |
23 | | treatment for alcoholism, alcohol detoxification, or drug |
24 | | treatment within the 5 years immediately preceding the date |
25 | | of the license application; and |
26 | | (6) has completed firearms training and any education |
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1 | | component required under Section 75 of this Act.
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2 | | Section 30. Contents of license application. |
3 | | (a) The license application shall be in writing, under oath |
4 | | and penalty of perjury, on a standard form adopted by the |
5 | | Department and shall be accompanied by the documentation |
6 | | required in this Section and all applicable fees. Each |
7 | | application form shall include the following statement printed |
8 | | in bold type: "Warning: Entering false information on this form |
9 | | is punishable as perjury under Section 32-2 of the Criminal |
10 | | Code of 2012." |
11 | | (b) The application shall contain the following: |
12 | | (1) the applicant's name, current address, date and |
13 | | year of birth, place of birth, height, weight, hair color, |
14 | | eye color, maiden name or any other name the applicant has |
15 | | used or identified with, and any address where the |
16 | | applicant resided for more than 30 days within the 10 years |
17 | | preceding the date of the license application; |
18 | | (2) the applicant's driver's license number, state |
19 | | identification card number, or the last 4 digits of the |
20 | | applicant's social security number; |
21 | | (3) a waiver of the applicant's privacy and |
22 | | confidentiality rights and privileges under all federal |
23 | | and state laws, including those limiting access to juvenile |
24 | | court, criminal justice, psychological, or psychiatric |
25 | | records or records relating to any institutionalization of |
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1 | | the applicant, and an affirmative request that a person |
2 | | having custody of any of these records provide it or |
3 | | information concerning it to the Department; |
4 | | (4) an affirmation that the applicant possesses a |
5 | | currently valid Firearm Owner's Identification Card and |
6 | | card number if possessed or notice the applicant is |
7 | | applying for a Firearm Owner's Identification Card in |
8 | | conjunction with the license application; |
9 | | (5) an affirmation that the applicant has not been |
10 | | convicted or found guilty of: |
11 | | (A) a felony; |
12 | | (B) a misdemeanor involving the use or threat of |
13 | | physical force or violence to any person within the 5 |
14 | | years preceding the date of the application; or |
15 | | (C) 2 or more violations related to driving while |
16 | | under the influence of alcohol, other drug or drugs, |
17 | | intoxicating compound or compounds, or any combination |
18 | | thereof, within the 5 years preceding the date of the |
19 | | license application; and |
20 | | (6) whether the applicant failed a drug test for a drug |
21 | | for which the applicant did not have a prescription, within |
22 | | the previous year, and if so, the provider of the test, the |
23 | | specific substance involved, and the date of the test; |
24 | | (7) written consent for the Department to review and |
25 | | use the applicant's Illinois digital driver's license or |
26 | | Illinois identification card photograph and signature, if |
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1 | | available; |
2 | | (8) a full set of fingerprints submitted to the |
3 | | Department in electronic format, provided the Department |
4 | | may accept an application submitted without a set of |
5 | | fingerprints in which case the Department shall be granted |
6 | | 30 days in addition to the 90 days provided under |
7 | | subsection (e) of Section 10 of this Act to issue or deny a |
8 | | license; |
9 | | (9) a head and shoulder color photograph in a size |
10 | | specified by the Department taken within the 30 days |
11 | | preceding the date of the license application; and |
12 | | (10) a photocopy or other evidence to show compliance |
13 | | with the training requirements under this Act.
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14 | | Section 35. Investigation of the applicant. |
15 | | The Department shall conduct a background check of the |
16 | | applicant to ensure compliance with the requirements of this |
17 | | Act and all federal, State, and local laws. The background |
18 | | check shall include a search of the following: |
19 | | (1) the National Instant Criminal Background Check |
20 | | System of the Federal Bureau of Investigation; |
21 | | (2) all available state and local criminal history |
22 | | record information files, including records of juvenile |
23 | | adjudications; |
24 | | (3) all available federal, state, and local records |
25 | | regarding wanted persons; |
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1 | | (4) all available federal, state, and local records of |
2 | | domestic violence restraining and protective orders; |
3 | | (5) the files of the Department of Human Services |
4 | | relating to mental health and developmental disabilities; |
5 | | and
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6 | | (6) all other available records of a federal, state, or |
7 | | local agency or other public entity in any jurisdiction |
8 | | likely to contain information relevant to whether the |
9 | | applicant is prohibited from purchasing, possessing, or |
10 | | carrying a firearm under federal, state, or local law.
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11 | | Section 40. Non-resident license applications. |
12 | | (a) For the purposes of this Section, "non-resident" means |
13 | | a person who has not resided within this State for more than 30 |
14 | | days and resides in another state or territory. |
15 | | (b) The Department shall establish by rule and allow for |
16 | | non-resident license applications from any state or territory |
17 | | of the United States with laws related to firearm ownership, |
18 | | possession, and carrying, that are substantially similar to the |
19 | | requirements to obtain a license under this Act. |
20 | | (c) A resident of a state or territory approved by the |
21 | | Department under subsection (b) of this Section may apply for a |
22 | | non-resident license. The applicant shall apply to the |
23 | | Department and must meet all of the qualifications established |
24 | | in Section 25 of this Act, except for the Illinois residency |
25 | | requirement in item (xiv) of paragraph (2) of subsection (a) of |
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1 | | Section 4 of the Firearm Owners Identification Card Act. The |
2 | | applicant shall submit: |
3 | | (1) the application and documentation required under |
4 | | Section 30 of this Act; |
5 | | (2) a notarized document stating the applicant: |
6 | | (A) is eligible under federal law and the laws of |
7 | | his or her state or territory of residence to own or |
8 | | possess a firearm; |
9 | | (B) if applicable, has a license or permit to carry |
10 | | a firearm or concealed firearm issued by his or her |
11 | | state or territory of residence and attach a copy of |
12 | | the license or permit to the application; |
13 | | (C) understands Illinois laws pertaining to the |
14 | | possession and transport of firearms, and |
15 | | (D) acknowledgement that the applicant is subject |
16 | | to the jurisdiction of the Department and Illinois |
17 | | courts for any violation of this Act; and |
18 | | (3) a photocopy or other evidence to show compliance |
19 | | with the training requirements under Section 75 of this |
20 | | Act; |
21 | | (4) 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 application; and |
24 | | (5) a $300 application fee. |
25 | | (d) In lieu of an Illinois driver's license or Illinois |
26 | | identification card, a non-resident applicant shall provide |
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1 | | similar documentation from his or her state or territory of |
2 | | residence. In lieu of a valid Firearm Owner's Identification |
3 | | Card, the applicant shall submit documentation and information |
4 | | required by the Department to obtain a Firearm Owner's |
5 | | Identification Card, including an affidavit that the |
6 | | non-resident meets the mental health standards to obtain a |
7 | | firearm under Illinois law, and the Department shall ensure |
8 | | that the applicant would meet the eligibility criteria to |
9 | | obtain a Firearm Owner's Identification card if he or she was a |
10 | | resident of this State. |
11 | | (e) Nothing in this Act shall prohibit a non-resident from |
12 | | transporting a concealed firearm within his or her vehicle in |
13 | | Illinois, if the concealed firearm remains within his or her |
14 | | vehicle and the non-resident: |
15 | | (1) is not prohibited from owning or possessing a |
16 | | firearm under federal law; |
17 | | (2) is eligible to carry a firearm under the laws of |
18 | | his or her state or territory of residence; and |
19 | | (3) is not in possession of a license under this Act. |
20 | | If the non-resident leaves his or her vehicle unattended, |
21 | | he or she shall store the firearm within a locked vehicle or |
22 | | locked container within the vehicle in accordance with |
23 | | subsection (b) of Section 65 of this Act.
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24 | | Section 45. Civil immunity; Board, employees, and agents. |
25 | | The Board, Department, local law enforcement agency, or |
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1 | | employees and agents of the Board, Department, or local law |
2 | | enforcement agency participating in the licensing process |
3 | | under this Act shall not be held liable for damages in any |
4 | | civil action arising from alleged wrongful or improper |
5 | | granting, denying, renewing, revoking, suspending, or failing |
6 | | to grant, deny, renew, revoke, or suspend a license under this |
7 | | Act, except for willful or wanton misconduct.
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8 | | Section 50. License renewal. |
9 | | Applications for renewal of a license shall be made to the |
10 | | Department. A license shall be renewed for a period of 5 years |
11 | | upon receipt of a completed renewal application, completion of |
12 | | 3 hours of training required under Section 75 of this Section, |
13 | | applicable renewal fee, and completion of an investigation |
14 | | under Section 35 of this Act. The renewal application shall |
15 | | contain the information required in Section 30 of this Act, |
16 | | except that the applicant need not resubmit a full set of |
17 | | fingerprints.
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18 | | Section 55. Change of address or name; lost, destroyed, or |
19 | | stolen licenses. |
20 | | (a) A licensee shall notify the Department within 30 days |
21 | | of moving or changing residence or any change of name. The |
22 | | licensee shall submit: |
23 | | (1) a notarized statement that the licensee has changed |
24 | | his or her residence or his or her name, including the |
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1 | | prior and current address or name and the date the |
2 | | applicant moved or changed his or her name; and |
3 | | (2) the requisite fee. |
4 | | (b) A licensee shall notify the Department within 10 days |
5 | | of discovering that a license is lost, destroyed, or stolen. A |
6 | | lost, destroyed, or stolen license is invalid. To request a |
7 | | replacement license, the licensee shall submit: |
8 | | (1) a notarized statement that the licensee no longer |
9 | | possesses the license, and that it was lost, destroyed, or |
10 | | stolen; |
11 | | (2) if applicable, a copy of a police report stating |
12 | | that the license was stolen; and |
13 | | (3) the requisite fee. |
14 | | (c) A violation of this Section is a petty offense with a |
15 | | fine of $150 which shall be deposited into the Mental Health |
16 | | Reporting Fund.
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17 | | Section 60. Fees. |
18 | | (a) All fees collected under this Act shall be deposited as |
19 | | provided in this Section. Application fees shall be |
20 | | non-refundable. |
21 | | (b) An applicant for a new license or a renewal shall |
22 | | submit $150 with the application, of which $120 shall be |
23 | | apportioned to the State Police Firearm Services Fund, $20 |
24 | | shall be apportioned to the Mental Health Reporting Fund, and |
25 | | $10 shall be apportioned to the State Crime Laboratory Fund. |
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1 | | (c) A non-resident applicant for a new license or renewal |
2 | | shall submit $300 with the application, of which $250 shall be |
3 | | apportioned to the State Police Firearm Services Fund, $40 |
4 | | shall be apportioned to the Mental Health Reporting Fund, and |
5 | | $10 shall be apportioned to the State Crime Laboratory Fund. |
6 | | (d) A licensee requesting a new license in accordance with |
7 | | Section 55 shall submit $75, of which $60 shall be apportioned |
8 | | to the State Police Firearm Services Fund, $5 shall be |
9 | | apportioned to the Mental Health Reporting Fund, and $10 shall |
10 | | be apportioned to the State Crime Laboratory Fund.
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11 | | Section 65. Prohibited areas. |
12 | | (a) A licensee under this Act shall not knowingly carry a |
13 | | firearm into: |
14 | | (1) Any building, real property, and parking area under |
15 | | the control of an elementary or secondary school. |
16 | | (2) Any building, real property, and parking area under |
17 | | the control of a pre-school or child care facility, |
18 | | including any room or portion of a building under the |
19 | | control of a pre-school or child care facility. Nothing in |
20 | | this paragraph shall prevent the operator of a child care |
21 | | facility in a family home from owning or possessing a |
22 | | firearm in the home or license under this Act, if no child |
23 | | under child care at the home is present in the home or the |
24 | | firearm in the home is stored in a locked container when a |
25 | | child under child care at the home is present in the home. |
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1 | | (3) Any building, parking area, or portion of a |
2 | | building under the control of an officer of the executive |
3 | | or legislative branch of government, provided that nothing |
4 | | in this paragraph shall prohibit a licensee from carrying a |
5 | | concealed firearm onto the real property, bikeway, or trail |
6 | | in a park regulated by the Department of Natural Resources |
7 | | or any other designated public hunting area or building |
8 | | where firearm possession is permitted as established by the |
9 | | Department of Natural Resources under Section 1.8 of the |
10 | | Wildlife Code. |
11 | | (4) Any building designated for matters before a |
12 | | circuit court, appellate court, or the Supreme Court, and |
13 | | any building or portion of a building under the control of |
14 | | the Supreme Court. |
15 | | (5) Any building or potion of a building under the |
16 | | control of a unit of local government. |
17 | | (6) Any building, real property, and parking area under |
18 | | the control of an adult or juvenile detention or |
19 | | correctional institution, prison, or jail. |
20 | | (7) Any building, real property, and parking area under |
21 | | the control of a public or private hospital, mental health |
22 | | facility, or nursing home. |
23 | | (8) Any bus, train, or form of transportation paid for |
24 | | in whole or in part with public funds, and any building, |
25 | | real property, and parking area under the control of a |
26 | | public transportation facility paid for in whole or in part |
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1 | | with public funds. |
2 | | (9) Any building, real property, and parking area under |
3 | | the control of an establishment that serves alcohol on its |
4 | | premises, if more than 50% of the establishment's gross |
5 | | receipts within the prior 3 months is from the sale of |
6 | | alcohol. |
7 | | (10) Any public gathering or special event conducted on |
8 | | property open to the public that requires the issuance of a |
9 | | permit from the unit of local government, provided this |
10 | | prohibition shall not apply to a licensee who must walk |
11 | | through a public gathering in order to access his or her |
12 | | residence, place of business, or vehicle. |
13 | | (11) Any building or real property that has been issued |
14 | | a Special Event Retailer liquor license as defined in |
15 | | Section 1-3.17.1 of the Liquor Control Act during the time |
16 | | designated for the sale of alcohol by the special event |
17 | | retailer license, or a Special Use Permit liquor license as |
18 | | defined in subsection (q) of Section 5-1 of the Liquor |
19 | | Control Act during the time designated for the sale of |
20 | | alcohol by the special use permit license. |
21 | | (12) Any public playground. |
22 | | (13) Any public park, athletic area, or athletic |
23 | | facility under the control of a municipality or park |
24 | | district, provided nothing in this Section shall prohibit a |
25 | | licensee from carrying a concealed firearm while on a trail |
26 | | or bikeway if only a portion of the trail or bikeway |
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1 | | includes a public park. |
2 | | (14) Any real property under the control of the Cook |
3 | | County Forest Preserve District. |
4 | | (15) Any building, classroom, laboratory, medical |
5 | | clinic, hospital, artistic venue, athletic venue, |
6 | | entertainment venue, officially recognized |
7 | | university-related organization property, whether owned or |
8 | | leased, and any real property, including parking areas, |
9 | | sidewalks, and common areas under the control of a public |
10 | | or private community college, college, or university. |
11 | | (16) Any building, real property, or parking area under |
12 | | the control of a gaming facility licensed under the |
13 | | Riverboat Gambling Act or the Illinois Horse Racing Act of |
14 | | 1975, including an inter-track wagering location licensee. |
15 | | (17) Any stadium, arena, or the real property or |
16 | | parking area under the control of a stadium, arena, or any |
17 | | collegiant or professional sporting event. |
18 | | (18) Any building, real property, or parking area under |
19 | | the control of a public library. |
20 | | (19) Any building, real property, or parking area under |
21 | | the control of an airport. |
22 | | (20) Any building, real property, or parking area under |
23 | | the control of an amusement park. |
24 | | (21) Any building, real property, or parking area under |
25 | | the control of a zoo or museum. |
26 | | (22) Any area where firearms are prohibited under |
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1 | | federal law. |
2 | | (a-5) Nothing in this Act shall prohibit a public or |
3 | | private community college, college, or university from: |
4 | | (1) prohibiting persons from carrying a firearm within |
5 | | a vehicle owned, leased, or controlled by the college or |
6 | | university; |
7 | | (2) developing resolutions, regulations, or policies |
8 | | regarding student, employee, or visitor misconduct and |
9 | | discipline, including suspension and expulsion; |
10 | | (3) developing resolutions, regulations, or policies |
11 | | regarding the storage or maintenance of firearms, which |
12 | | must include designated areas where persons can park |
13 | | vehicles that carry firearms; and |
14 | | (4) permitting the carrying or use of firearms for the |
15 | | purpose of instruction and curriculum of officially |
16 | | recognized programs, including but not limited to military |
17 | | science and law enforcement training programs, or in any |
18 | | designated area used for hunting purposes or target |
19 | | shooting. |
20 | | (a-10) The owner of private real property of any type may |
21 | | prohibit the carrying of concealed firearms on the property |
22 | | under his or her control. The owner must post a sign in |
23 | | accordance with subsection (d) of this Section indicating that |
24 | | firearms are prohibited on the property, unless the property is |
25 | | a private residence. |
26 | | (b) Notwithstanding subsection (a) of this Section, any |
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1 | | licensee prohibited from carrying a concealed firearm into the |
2 | | parking area of a prohibited location specified in subsection |
3 | | (a) of this Section shall be permitted to carry a concealed |
4 | | firearm on or about his or her person within a vehicle into the |
5 | | parking area and may store a firearm or ammunition concealed in |
6 | | a case within a locked vehicle or locked container within the |
7 | | vehicle in the parking area. A licensee may carry a concealed |
8 | | firearm in the immediate area surrounding his or her vehicle |
9 | | within a prohibited parking lot area only for the limited |
10 | | purpose of storing or retrieving a firearm within the vehicle's |
11 | | trunk, provided the licensee ensures the concealed firearm is |
12 | | unloaded prior to exiting the vehicle. For purposes of this |
13 | | subsection, "case" includes a glove compartment or console that |
14 | | completely encloses the concealed firearm or ammunition, the |
15 | | trunk of the vehicle, or a firearm carrying box, shipping box, |
16 | | or other container. |
17 | | (c) A licensee shall not be in violation of this Section |
18 | | while he or she is traveling along a public right of way that |
19 | | touches or crosses any of the premises under subsection (a) of |
20 | | this Section if the concealed firearm is carried on his or her |
21 | | person in accordance with the provisions of this Act or is |
22 | | being transported in a vehicle by the licensee in accordance |
23 | | with all other applicable provisions of law. |
24 | | (d) Signs stating that the carrying of firearms is |
25 | | prohibited shall be clearly and conspicuously posted at the |
26 | | entrance of a building, premises, or real property specified in |
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1 | | this Section as a prohibited area, unless the building or |
2 | | premises is a private residence. Signs shall be of a uniform |
3 | | design as established by the Department and shall be 4 inches |
4 | | by 6 inches in size. The Department shall adopt rules for |
5 | | standardized signs to be used under this subsection.
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6 | | Section 70. Violations. |
7 | | (a) A license issued or renewed under this Act shall be |
8 | | revoked if, at any time, the licensee is found to be ineligible |
9 | | for a license under this Act or the licensee no longer meets |
10 | | the eligibility requirements of the Firearm Owners |
11 | | Identification Card Act. |
12 | | (b) A license shall be suspended if an order of protection, |
13 | | emergency order of protection, plenary order of protection, or |
14 | | interim order of protection under Article 112A of the Code of |
15 | | Criminal Procedure of 1963 or under the Illinois Domestic |
16 | | Violence Act of 1986 is issued against a licensee for the |
17 | | duration of the order, or if the Department is made aware of a |
18 | | similar order issued against the licensee in any other |
19 | | jurisdiction. If an order of protection is issued against a |
20 | | licensee, the licensee shall surrender the license, as |
21 | | applicable, to the court at the time the order is entered or to |
22 | | the law enforcement agency or entity serving process at the |
23 | | time the licensee is served the order. The court, law |
24 | | enforcement agency, or entity responsible for serving the order |
25 | | shall notify the Department within 7 days and transmit the |
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1 | | license to the Department. |
2 | | (c) A license is invalid upon expiration of the license, |
3 | | unless the licensee has submitted an application to renew the |
4 | | license, and the applicant is otherwise eligible to possess a |
5 | | license under this Act. |
6 | | (d) A licensee shall not carry a concealed firearm while |
7 | | under the influence of alcohol, other drug or drugs, |
8 | | intoxicating compound or combination of compounds, or any |
9 | | combination thereof, under the standards set forth in |
10 | | subsection (a) of Section 11-501 of the Illinois Vehicle Code. |
11 | | (e) A licensee in violation of this Section or Section 65 |
12 | | of this Act shall be guilty of a Class B misdemeanor. A second |
13 | | or subsequent violation is a Class A misdemeanor. The |
14 | | Department may suspend a license for up to 6 months for a |
15 | | second violation and shall permanently revoke a license for 3 |
16 | | or more violations of Section 65 of this Act. Any person |
17 | | convicted of a violation under this Section shall pay a $150 |
18 | | fee to be deposited into the Mental Health Reporting Fund, plus |
19 | | any applicable court costs or fees. |
20 | | (f) A licensee convicted or found guilty of a violation of |
21 | | this Act who has a valid license and is otherwise eligible to |
22 | | carry a concealed firearm shall only be subject to the |
23 | | penalties under this Section and shall not be subject to the |
24 | | penalties under Section 21-6, paragraph (4), (8), or (10) of |
25 | | subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) |
26 | | of paragraph (3) of subsection (a) of Section 24-1.6 of the |
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1 | | Criminal Code of 2012. Except as otherwise provided in this |
2 | | subsection, nothing in this subsection prohibits the licensee |
3 | | from being subjected to penalties for violations other than |
4 | | those specified in this Act. |
5 | | (g) A licensee whose license is revoked, suspended, or |
6 | | denied shall, within 48 hours of receiving notice of the |
7 | | revocation, suspension, or denial surrender his or her |
8 | | concealed carry license to the local law enforcement agency |
9 | | where the person resides. The local law enforcement agency |
10 | | shall provide the licensee a receipt and transmit the concealed |
11 | | carry license to the Department of State Police. If the |
12 | | licensee whose concealed carry license has been revoked, |
13 | | suspended, or denied fails to comply with the requirements of |
14 | | this subsection, the law enforcement agency where the person |
15 | | resides may petition the circuit court to issue a warrant to |
16 | | search for and seize the concealed carry license in the |
17 | | possession and under the custody or control of the licensee |
18 | | whose concealed carry license has been revoked, suspended, or |
19 | | denied. The observation of a concealed carry license in the |
20 | | possession of a person whose license has been revoked, |
21 | | suspended, or denied constitutes a sufficient basis for the |
22 | | arrest of that person for violation of this subsection. A |
23 | | violation of this subsection is a Class A misdemeanor.
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24 | | Section 75. Applicant firearm training. |
25 | | (a) Within 45 days of the effective date of this Act, the |
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1 | | Department shall begin approval of firearm training courses and |
2 | | makes a list of approved courses available of the Department's |
3 | | website. |
4 | | (b) An applicant for a new license shall provide proof of |
5 | | completion of a firearms training course or combination of |
6 | | courses approved by the Department of at least 16 hours, which |
7 | | includes range qualification time under subsection (c) of this |
8 | | Section, that covers the following: |
9 | | (1) firearm safety; |
10 | | (2) the basic principles of marksmanship; |
11 | | (3) care, cleaning, loading, and unloading of a |
12 | | concealable firearm; |
13 | | (4) all applicable State and federal laws relating to |
14 | | the ownership, storage, carry, and transportation of a |
15 | | firearm; and |
16 | | (5) instruction on the appropriate and lawful |
17 | | interaction with law enforcement while transporting or |
18 | | carrying a concealed firearm. |
19 | | (c) An applicant for a new license shall provide proof of |
20 | | certification by a certified instructor that the applicant |
21 | | passed a live fire exercise with a concealable firearm |
22 | | consisting of: |
23 | | (1) a minimum of 30 rounds; and |
24 | | (2) 10 rounds from a distance of 5 yards; 10 rounds |
25 | | from a distance of 7 yards; and 10 rounds from a distance |
26 | | of 10 yards at a B-27 silhouette target approved by the |
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1 | | Department. |
2 | | (d) An applicant for renewal of a license shall provide |
3 | | proof of completion of a firearms training course or |
4 | | combination of courses approved by the Department of at least 3 |
5 | | hours. |
6 | | (e) A certificate of completion for an applicant firearm |
7 | | training course shall not be issued to a student who: |
8 | | (1) does not follow the orders of the certified |
9 | | firearms instructor;
|
10 | | (2) in the judgment of the certified instructor, |
11 | | handles a firearm in a manner that poses a danger to the |
12 | | student or to others; or
|
13 | | (3) during the range firing portion of testing fails to |
14 | | hit the target with 70% of the rounds fired. |
15 | | (f) An instructor shall maintain a record of each student's |
16 | | performance for at least 5 years, and shall make all records |
17 | | available upon demand of authorized personnel of the |
18 | | Department. |
19 | | (g) The Department and certified firearms instructor shall |
20 | | recognize up to 8 hours of training already completed toward |
21 | | the 16 hour training requirement under this Section if the |
22 | | training course is approved by the Department and recognized |
23 | | under the laws of another state. Any remaining hours that the |
24 | | applicant completes must at least cover the classroom subject |
25 | | matter of paragraph (4) of subsection (b) of this Section, and |
26 | | the range qualification in subsection (c) of this Section. |
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1 | | (h) A person who has qualified to carry a firearm as an |
2 | | active law enforcement officer, a person certified as a |
3 | | firearms instructor by this Act or the Illinois Law Enforcement |
4 | | Training Standards Board, and a person who has completed the |
5 | | required training and has been issued a firearm control card by |
6 | | the Department of Financial and Professional Regulation shall |
7 | | be exempt from the requirements of this Section.
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8 | | Section 80. Firearms instructor training. |
9 | | (a) Within 45 days of the effective date of this Act, the |
10 | | Department shall begin approval of certified firearms |
11 | | instructors and enter certified firearms instructors into an |
12 | | online registry on the Department's website. |
13 | | (b) A person who is not a certified firearms instructor |
14 | | shall not teach applicant training courses or advertise or |
15 | | otherwise represent courses they teach as qualifying their |
16 | | students to meet the requirements to receive a license under |
17 | | this Act. Each violation of this subsection is a business |
18 | | offense with a fine of at least $1,000 per violation. |
19 | | (c) A person seeking to become a certified firearms |
20 | | instructor shall: |
21 | | (1) be at least 21 years of age; |
22 | | (2) be a legal resident of the United States; and |
23 | | (3) meet the requirements of Section 25 of this Act, |
24 | | and any additional uniformly applied requirements |
25 | | established by the Department. |
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1 | | (d) A person seeking to become a certified firearms |
2 | | instructor trainer, in addition to the requirements of |
3 | | subsection (c) of this Section, shall: |
4 | | (1) possess a high school diploma or GED certificate; |
5 | | and |
6 | | (2) have at least one of the following valid firearms |
7 | | instructor certifications: |
8 | | (A) certification from a law enforcement agency; |
9 | | or |
10 | | (B) certification from a firearm instructor course |
11 | | offered by a State or federal governmental agency; |
12 | | (C) certification from a firearm instructor |
13 | | qualification course offered by the Illinois Law |
14 | | Enforcement Training Standards Board; and |
15 | | (D) certification from an entity approved by the |
16 | | Department that offers firearm instructor education |
17 | | and training in the use and safety of firearms. |
18 | | (e) A person may have his or her firearms instructor |
19 | | certification denied or revoked if he or she does not meet the |
20 | | requirements to obtain a license under this Act, provides false |
21 | | or misleading information to the Department, or has had a prior |
22 | | instructor certification revoked or denied by the Department.
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23 | | Section 85. Background Checks for Dealer Sales. |
24 | | A license to carry a concealed firearm issued by this |
25 | | State shall not exempt the licensee from the requirements of a |
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1 | | background check, including a check of the National Instant |
2 | | Criminal Background Check System, upon purchase or transfer of |
3 | | a firearm.
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4 | | Section 87. Administrative and judicial review. |
5 | | (a) Whenever an application for a concealed carry license |
6 | | is denied, whenever the Department fails to act on an |
7 | | application
within 90 days of its receipt, or whenever a |
8 | | license is revoked or suspended as provided in this Act, the |
9 | | aggrieved party may
appeal
to the Director for a hearing upon
|
10 | | the denial, revocation, suspension, or failure to act on the |
11 | | application, unless the denial
was made by the Concealed Carry |
12 | | Licensing Review Board, in which case the
aggrieved party may |
13 | | petition the circuit court in writing in the county of
his or |
14 | | her residence for a hearing upon the denial. |
15 | | (b) All final administrative decisions of the Department or |
16 | | the Concealed Carry Licensing Review Board under this
Act shall |
17 | | be subject to judicial review under the provisions of the |
18 | | Administrative
Review Law. The term
"administrative decision" |
19 | | is defined as in Section 3-101 of the Code of
Civil Procedure.
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20 | | Section 90. Preemption. |
21 | | The regulation, licensing, possession, carrying, and |
22 | | transportation of firearms are exclusive powers and function of |
23 | | the State. Except as explicitly provided in this Act, a home |
24 | | rule unit may not regulate or license any matter related to |
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1 | | firearms, including the possession, carrying, and |
2 | | transportation of firearms. This Section is a limitation under |
3 | | subsection (h) of Section 6 of Article VII of the Illinois |
4 | | Constitution on the exercise by home rule units of powers and |
5 | | functions exercised by the State. Any municipal law or |
6 | | ordinance inconsistent with this Section shall be invalidated |
7 | | upon the effective date of this Act.
|
8 | | Section 92. Consolidation of concealed carry license and |
9 | | Firearm Owner's Identification Card. |
10 | | (a) A task force shall be created and appointed to develop |
11 | | a plan to incorporate and consolidate the concealed carry |
12 | | license under this Act and the Firearm Owner's Identification |
13 | | Card under the Firearm Owners Identification Card Act into a |
14 | | single card that can identify a person with authority to |
15 | | possess a firearm under the Firearm Owners Identification Card |
16 | | Act, or authority to possess a firearm under the Firearm Owners |
17 | | Identification Card Act and authority to carry a concealed |
18 | | firearm under this Act. The plan shall include statutory |
19 | | changes necessary to implement the Firearm Owner's |
20 | | Identification Card and concealed carry license consolidation. |
21 | | (b) The task force shall consist of the following members: |
22 | | (1) one member appointed by the Speaker of the House; |
23 | | (2) one member appointed by the House Minority Leader; |
24 | | (3) one member appointed by the President of the |
25 | | Senate; |
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1 | | (4) one member appointed by the Senate Minority Leader; |
2 | | (5) one member appointed by the Secretary of State; |
3 | | (6) one member appointed by the Director of the |
4 | | Department of State Police; and |
5 | | (7) one member appointed by the Speaker representing |
6 | | the National Rifle Association.
|
7 | | Section 95. Rulemaking. |
8 | | The Department shall adopt rules to implement the |
9 | | provisions of this Act.
|
10 | | Section 100. Short title. Sections 100 through 110 may be |
11 | | cited as the School Administrator Reporting of Mental Health |
12 | | Clear and Present Danger Determinations Law.
|
13 | | Section 105. Duty of school administrator. It is the duty |
14 | | of the principal
of a public elementary or secondary school, or |
15 | | his or her designee, and the
chief administrative officer of a |
16 | | private elementary or secondary school or a
public or private |
17 | | community college, college, or university, or his or her
|
18 | | designee, to report to the Department of Human Services when a |
19 | | student is determined to pose a clear and present danger to |
20 | | himself, herself, or to others within 24 hours of
the |
21 | | determination as provided in Section 6-103.3 of the Mental |
22 | | Health and Developmental Disabilities Code. "Clear and present |
23 | | danger" has the meaning as defined in paragraph (2) of the |
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1 | | definition of "clear and present danger" in Section 1.1 of the |
2 | | Firearm Owners Identification Card Act.
|
3 | | Section 110. Immunity. A principal or chief administrative |
4 | | officer, or the designee of a principal of chief administrative |
5 | | officer, making the determination and report under Section 105 |
6 | | of this Law shall not be held criminally, civilly, or |
7 | | professionally liable, except for willful or wanton |
8 | | misconduct.
|
9 | | Section 115. The Open Meetings Act is amended by changing |
10 | | Section 2 as follows:
|
11 | | (5 ILCS 120/2) (from Ch. 102, par. 42)
|
12 | | Sec. 2. Open meetings.
|
13 | | (a) Openness required. All meetings of public
bodies shall |
14 | | be open to the public unless excepted in subsection (c)
and |
15 | | closed in accordance with Section 2a.
|
16 | | (b) Construction of exceptions. The exceptions contained |
17 | | in subsection
(c) are in derogation of the requirement that |
18 | | public bodies
meet in the open, and therefore, the exceptions |
19 | | are to be strictly
construed, extending only to subjects |
20 | | clearly within their scope.
The exceptions authorize but do not |
21 | | require the holding of
a closed meeting to discuss a subject |
22 | | included within an enumerated exception.
|
23 | | (c) Exceptions. A public body may hold closed meetings to |
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1 | | consider the
following subjects:
|
2 | | (1) The appointment, employment, compensation, |
3 | | discipline, performance,
or dismissal of specific |
4 | | employees of the public body or legal counsel for
the |
5 | | public body, including hearing
testimony on a complaint |
6 | | lodged against an employee of the public body or
against |
7 | | legal counsel for the public body to determine its |
8 | | validity.
|
9 | | (2) Collective negotiating matters between the public |
10 | | body and its
employees or their representatives, or |
11 | | deliberations concerning salary
schedules for one or more |
12 | | classes of employees.
|
13 | | (3) The selection of a person to fill a public office,
|
14 | | as defined in this Act, including a vacancy in a public |
15 | | office, when the public
body is given power to appoint |
16 | | under law or ordinance, or the discipline,
performance or |
17 | | removal of the occupant of a public office, when the public |
18 | | body
is given power to remove the occupant under law or |
19 | | ordinance.
|
20 | | (4) Evidence or testimony presented in open hearing, or |
21 | | in closed
hearing where specifically authorized by law, to
|
22 | | a quasi-adjudicative body, as defined in this Act, provided |
23 | | that the body
prepares and makes available for public |
24 | | inspection a written decision
setting forth its |
25 | | determinative reasoning.
|
26 | | (5) The purchase or lease of real property for the use |
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1 | | of
the public body, including meetings held for the purpose |
2 | | of discussing
whether a particular parcel should be |
3 | | acquired.
|
4 | | (6) The setting of a price for sale or lease of |
5 | | property owned
by the public body.
|
6 | | (7) The sale or purchase of securities, investments, or |
7 | | investment
contracts. This exception shall not apply to the |
8 | | investment of assets or income of funds deposited into the |
9 | | Illinois Prepaid Tuition Trust Fund.
|
10 | | (8) Security procedures and the use of personnel and
|
11 | | equipment to respond to an actual, a threatened, or a |
12 | | reasonably
potential danger to the safety of employees, |
13 | | students, staff, the public, or
public
property.
|
14 | | (9) Student disciplinary cases.
|
15 | | (10) The placement of individual students in special |
16 | | education
programs and other matters relating to |
17 | | individual students.
|
18 | | (11) Litigation, when an action against, affecting or |
19 | | on behalf of the
particular public body has been filed and |
20 | | is pending before a court or
administrative tribunal, or |
21 | | when the public body finds that an action is
probable or |
22 | | imminent, in which case the basis for the finding shall be
|
23 | | recorded and entered into the minutes of the closed |
24 | | meeting.
|
25 | | (12) The establishment of reserves or settlement of |
26 | | claims as provided
in the Local Governmental and |
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1 | | Governmental Employees Tort Immunity Act, if
otherwise the |
2 | | disposition of a claim or potential claim might be
|
3 | | prejudiced, or the review or discussion of claims, loss or |
4 | | risk management
information, records, data, advice or |
5 | | communications from or with respect
to any insurer of the |
6 | | public body or any intergovernmental risk management
|
7 | | association or self insurance pool of which the public body |
8 | | is a member.
|
9 | | (13) Conciliation of complaints of discrimination in |
10 | | the sale or rental
of housing, when closed meetings are |
11 | | authorized by the law or ordinance
prescribing fair housing |
12 | | practices and creating a commission or
administrative |
13 | | agency for their enforcement.
|
14 | | (14) Informant sources, the hiring or assignment of |
15 | | undercover personnel
or equipment, or ongoing, prior or |
16 | | future criminal investigations, when
discussed by a public |
17 | | body with criminal investigatory responsibilities.
|
18 | | (15) Professional ethics or performance when |
19 | | considered by an advisory
body appointed to advise a |
20 | | licensing or regulatory agency on matters
germane to the |
21 | | advisory body's field of competence.
|
22 | | (16) Self evaluation, practices and procedures or |
23 | | professional ethics,
when meeting with a representative of |
24 | | a statewide association of which the
public body is a |
25 | | member.
|
26 | | (17) The recruitment, credentialing, discipline or |
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1 | | formal peer review
of physicians or other
health care |
2 | | professionals for a hospital, or
other institution |
3 | | providing medical care, that is operated by the public |
4 | | body.
|
5 | | (18) Deliberations for decisions of the Prisoner |
6 | | Review Board.
|
7 | | (19) Review or discussion of applications received |
8 | | under the
Experimental Organ Transplantation Procedures |
9 | | Act.
|
10 | | (20) The classification and discussion of matters |
11 | | classified as
confidential or continued confidential by |
12 | | the State Government Suggestion Award
Board.
|
13 | | (21) Discussion of minutes of meetings lawfully closed |
14 | | under this Act,
whether for purposes of approval by the |
15 | | body of the minutes or semi-annual
review of the minutes as |
16 | | mandated by Section 2.06.
|
17 | | (22) Deliberations for decisions of the State
|
18 | | Emergency Medical Services Disciplinary
Review Board.
|
19 | | (23) The operation by a municipality of a municipal |
20 | | utility or the
operation of a
municipal power agency or |
21 | | municipal natural gas agency when the
discussion involves |
22 | | (i) contracts relating to the
purchase, sale, or delivery |
23 | | of electricity or natural gas or (ii) the results
or |
24 | | conclusions of load forecast studies.
|
25 | | (24) Meetings of a residential health care facility |
26 | | resident sexual
assault and death review
team or
the |
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1 | | Executive
Council under the Abuse Prevention Review
Team |
2 | | Act.
|
3 | | (25) Meetings of an independent team of experts under |
4 | | Brian's Law. |
5 | | (26) Meetings of a mortality review team appointed |
6 | | under the Department of Juvenile Justice Mortality Review |
7 | | Team Act. |
8 | | (27) Confidential information, when discussed by one |
9 | | or more members of an elder abuse fatality review team, |
10 | | designated under Section 15 of the Elder Abuse and Neglect |
11 | | Act, while participating in a review conducted by that team |
12 | | of the death of an elderly person in which abuse or neglect |
13 | | is suspected, alleged, or substantiated; provided that |
14 | | before the review team holds a closed meeting, or closes an |
15 | | open meeting, to discuss the confidential information, |
16 | | each participating review team member seeking to disclose |
17 | | the confidential information in the closed meeting or |
18 | | closed portion of the meeting must state on the record |
19 | | during an open meeting or the open portion of a meeting the |
20 | | nature of the information to be disclosed and the legal |
21 | | basis for otherwise holding that information confidential. |
22 | | (28) Correspondence and records (i) that may not be |
23 | | disclosed under Section 11-9 of the Public Aid Code or (ii) |
24 | | that pertain to appeals under Section 11-8 of the Public |
25 | | Aid Code. |
26 | | (29) Meetings between internal or external auditors |
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1 | | and governmental audit committees, finance committees, and |
2 | | their equivalents, when the discussion involves internal |
3 | | control weaknesses, identification of potential fraud risk |
4 | | areas, known or suspected frauds, and fraud interviews |
5 | | conducted in accordance with generally accepted auditing |
6 | | standards of the United States of America. |
7 | | (30) Deliberations for decisions of the Concealed |
8 | | Carry Licensing Review Board under the Firearm Concealed |
9 | | Carry Act. |
10 | | (d) Definitions. For purposes of this Section:
|
11 | | "Employee" means a person employed by a public body whose |
12 | | relationship
with the public body constitutes an |
13 | | employer-employee relationship under
the usual common law |
14 | | rules, and who is not an independent contractor.
|
15 | | "Public office" means a position created by or under the
|
16 | | Constitution or laws of this State, the occupant of which is |
17 | | charged with
the exercise of some portion of the sovereign |
18 | | power of this State. The term
"public office" shall include |
19 | | members of the public body, but it shall not
include |
20 | | organizational positions filled by members thereof, whether
|
21 | | established by law or by a public body itself, that exist to |
22 | | assist the
body in the conduct of its business.
|
23 | | "Quasi-adjudicative body" means an administrative body |
24 | | charged by law or
ordinance with the responsibility to conduct |
25 | | hearings, receive evidence or
testimony and make |
26 | | determinations based
thereon, but does not include
local |
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1 | | electoral boards when such bodies are considering petition |
2 | | challenges.
|
3 | | (e) Final action. No final action may be taken at a closed |
4 | | meeting.
Final action shall be preceded by a public recital of |
5 | | the nature of the
matter being considered and other information |
6 | | that will inform the
public of the business being conducted.
|
7 | | (Source: P.A. 96-1235, eff. 1-1-11; 96-1378, eff. 7-29-10; |
8 | | 96-1428, eff. 8-11-10; 97-318, eff. 1-1-12; 97-333, eff. |
9 | | 8-12-11; 97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, |
10 | | eff. 8-1-12.)
|
11 | | Section 120. The Freedom of Information Act is amended by |
12 | | changing Section 7.5 as follows:
|
13 | | (5 ILCS 140/7.5) |
14 | | Sec. 7.5. Statutory Exemptions. To the extent provided for |
15 | | by the statutes referenced below, the following shall be exempt |
16 | | from inspection and copying: |
17 | | (a) All information determined to be confidential under |
18 | | Section 4002 of the Technology Advancement and Development Act. |
19 | | (b) Library circulation and order records identifying |
20 | | library users with specific materials under the Library Records |
21 | | Confidentiality Act. |
22 | | (c) Applications, related documents, and medical records |
23 | | received by the Experimental Organ Transplantation Procedures |
24 | | Board and any and all documents or other records prepared by |
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1 | | the Experimental Organ Transplantation Procedures Board or its |
2 | | staff relating to applications it has received. |
3 | | (d) Information and records held by the Department of |
4 | | Public Health and its authorized representatives relating to |
5 | | known or suspected cases of sexually transmissible disease or |
6 | | any information the disclosure of which is restricted under the |
7 | | Illinois Sexually Transmissible Disease Control Act. |
8 | | (e) Information the disclosure of which is exempted under |
9 | | Section 30 of the Radon Industry Licensing Act. |
10 | | (f) Firm performance evaluations under Section 55 of the |
11 | | Architectural, Engineering, and Land Surveying Qualifications |
12 | | Based Selection Act. |
13 | | (g) Information the disclosure of which is restricted and |
14 | | exempted under Section 50 of the Illinois Prepaid Tuition Act. |
15 | | (h) Information the disclosure of which is exempted under |
16 | | the State Officials and Employees Ethics Act, and records of |
17 | | any lawfully created State or local inspector general's office |
18 | | that would be exempt if created or obtained by an Executive |
19 | | Inspector General's office under that Act. |
20 | | (i) Information contained in a local emergency energy plan |
21 | | submitted to a municipality in accordance with a local |
22 | | emergency energy plan ordinance that is adopted under Section |
23 | | 11-21.5-5 of the Illinois Municipal Code. |
24 | | (j) Information and data concerning the distribution of |
25 | | surcharge moneys collected and remitted by wireless carriers |
26 | | under the Wireless Emergency Telephone Safety Act. |
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1 | | (k) Law enforcement officer identification information or |
2 | | driver identification information compiled by a law |
3 | | enforcement agency or the Department of Transportation under |
4 | | Section 11-212 of the Illinois Vehicle Code. |
5 | | (l) Records and information provided to a residential |
6 | | health care facility resident sexual assault and death review |
7 | | team or the Executive Council under the Abuse Prevention Review |
8 | | Team Act. |
9 | | (m) Information provided to the predatory lending database |
10 | | created pursuant to Article 3 of the Residential Real Property |
11 | | Disclosure Act, except to the extent authorized under that |
12 | | Article. |
13 | | (n) Defense budgets and petitions for certification of |
14 | | compensation and expenses for court appointed trial counsel as |
15 | | provided under Sections 10 and 15 of the Capital Crimes |
16 | | Litigation Act. This subsection (n) shall apply until the |
17 | | conclusion of the trial of the case, even if the prosecution |
18 | | chooses not to pursue the death penalty prior to trial or |
19 | | sentencing. |
20 | | (o) Information that is prohibited from being disclosed |
21 | | under Section 4 of the Illinois Health and Hazardous Substances |
22 | | Registry Act. |
23 | | (p) Security portions of system safety program plans, |
24 | | investigation reports, surveys, schedules, lists, data, or |
25 | | information compiled, collected, or prepared by or for the |
26 | | Regional Transportation Authority under Section 2.11 of the |
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1 | | Regional Transportation Authority Act or the St. Clair County |
2 | | Transit District under the Bi-State Transit Safety Act. |
3 | | (q) Information prohibited from being disclosed by the |
4 | | Personnel Records Review Act. |
5 | | (r) Information prohibited from being disclosed by the |
6 | | Illinois School Student Records Act. |
7 | | (s) Information the disclosure of which is restricted under |
8 | | Section 5-108 of the Public Utilities Act.
|
9 | | (t) All identified or deidentified health information in |
10 | | the form of health data or medical records contained in, stored |
11 | | in, submitted to, transferred by, or released from the Illinois |
12 | | Health Information Exchange, and identified or deidentified |
13 | | health information in the form of health data and medical |
14 | | records of the Illinois Health Information Exchange in the |
15 | | possession of the Illinois Health Information Exchange |
16 | | Authority due to its administration of the Illinois Health |
17 | | Information Exchange. The terms "identified" and |
18 | | "deidentified" shall be given the same meaning as in the Health |
19 | | Insurance Accountability and Portability Act of 1996, Public |
20 | | Law 104-191, or any subsequent amendments thereto, and any |
21 | | regulations promulgated thereunder. |
22 | | (u) Records and information provided to an independent team |
23 | | of experts under Brian's Law. |
24 | | (v) Names and information of people who have applied for or |
25 | | received Firearm Owner's Identification Cards under the |
26 | | Firearm Owners Identification Card Act or applied for or |
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1 | | received a concealed carry license under the Firearm Concealed |
2 | | Carry Act, unless otherwise authorized by the Firearm Concealed |
3 | | Carry Act; and databases under the Firearm Concealed Carry Act, |
4 | | records of the Concealed Carry Licensing Review Board under the |
5 | | Firearm Concealed Carry Act, and law enforcement agency |
6 | | objections under the Firearm Concealed Carry Act . |
7 | | (w) Personally identifiable information which is exempted |
8 | | from disclosure under subsection (g) of Section 19.1 of the |
9 | | Toll Highway Act. |
10 | | (x) Information which is exempted from disclosure under |
11 | | Section 5-1014.3 of the Counties Code or Section 8-11-21 of the |
12 | | Illinois Municipal Code. |
13 | | (Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11; |
14 | | 96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff. |
15 | | 8-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, |
16 | | eff. 1-1-13.)
|
17 | | Section 122. The Secretary of State Act is amended by |
18 | | adding Section 13.5 as follows:
|
19 | | (15 ILCS 305/13.5 new) |
20 | | Sec. 13.5. Department of State Police access to driver's |
21 | | license and identification card photographs. |
22 | | The Secretary of State shall allow the Department of State |
23 | | Police to access the driver's license or Illinois |
24 | | Identification card photograph, if available, of an applicant |
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1 | | for a firearm concealed carry license under the Firearm |
2 | | Concealed Carry Act for the purpose of identifying the firearm |
3 | | concealed carry license applicant and issuing a license to the |
4 | | applicant.
|
5 | | Section 125. The Department of State Police Law of the
|
6 | | Civil Administrative Code of Illinois is amended by changing |
7 | | Section 2605-300 and by adding Section 2605-595 as follows:
|
8 | | (20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)
|
9 | | Sec. 2605-300. Records; crime laboratories; personnel. To |
10 | | do
the
following:
|
11 | | (1) Be a central repository and custodian of criminal
|
12 | | statistics for the State.
|
13 | | (2) Be a central repository for criminal history
record |
14 | | information.
|
15 | | (3) Procure and file for record information that is
|
16 | | necessary and helpful to plan programs of crime prevention, |
17 | | law
enforcement,
and criminal justice.
|
18 | | (4) Procure and file for record copies of
fingerprints |
19 | | that may be required by law.
|
20 | | (5) Establish general and field
crime laboratories.
|
21 | | (6) Register and file for record information that
may |
22 | | be required by law for the issuance of firearm owner's |
23 | | identification
cards under the Firearm Owners |
24 | | Identification Card Act and concealed carry licenses under |
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1 | | the Firearm Concealed Carry Act .
|
2 | | (7) Employ polygraph operators, laboratory |
3 | | technicians,
and
other
specially qualified persons to aid |
4 | | in the identification of criminal
activity.
|
5 | | (8) Undertake other identification, information,
|
6 | | laboratory, statistical, or registration activities that |
7 | | may be
required by law.
|
8 | | (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, |
9 | | eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, |
10 | | eff. 8-14-98;
91-239, eff. 1-1-00.)
|
11 | | (20 ILCS 2605/2605-595 new) |
12 | | Sec. 2605-595. State Police Firearm Services Fund. |
13 | | (a) There is created in the State treasury a special fund |
14 | | known as the State Police Firearm Services Fund. The Fund shall |
15 | | receive revenue under the Firearm Concealed Carry Act and |
16 | | Section 5 of the Firearm Owners Identification Card Act. The |
17 | | Fund may also receive revenue from grants, pass-through grants, |
18 | | donations, appropriations, and any other legal source. |
19 | | (b) The Department of State Police may use moneys in the |
20 | | Fund to finance any of its lawful purposes, mandates, |
21 | | functions, and duties under the Firearm Owners Identification |
22 | | Card Act and the Firearm Concealed Carry Act, including the |
23 | | cost of sending notices of expiration of Firearm Owner's |
24 | | Identification Cards, concealed carry licenses, the prompt and |
25 | | efficient processing of applications under the Firearm Owners |
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1 | | Identification Card Act and the Firearm Concealed Carry Act, |
2 | | the improved efficiency and reporting of the LEADS and federal |
3 | | NICS law enforcement data systems, and support for |
4 | | investigations required under these Acts and law. Any surplus |
5 | | funds beyond what is needed to comply with the aforementioned |
6 | | purposes shall be used by the Department to improve the LEADS |
7 | | and criminal history background check system. |
8 | | (c) Investment income that is attributable to the |
9 | | investment of moneys in the Fund shall be retained in the Fund |
10 | | for the uses specified in this Section.
|
11 | | Section 130. The State Finance Act is amended by adding |
12 | | Sections 5.826, 5.827, and 6z-98 as follows:
|
13 | | (30 ILCS 105/5.826 new) |
14 | | Sec. 5.826. The Mental Health Reporting Fund.
|
15 | | (30 ILCS 105/5.827 new) |
16 | | Sec. 5.827. The State Police Firearm Services Fund.
|
17 | | (30 ILCS 105/6z-98 new) |
18 | | Sec. 6z-98. The Mental Health Reporting Fund. |
19 | | (a) There is created in the State treasury a special fund |
20 | | known as the Mental Health Reporting Fund. The Fund shall |
21 | | receive revenue under the Firearm Concealed Carry Act. The Fund |
22 | | may also receive revenue from grants, pass-through grants, |
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1 | | donations, appropriations, and any other legal source. |
2 | | (b) The Department of State Police and Department of Human |
3 | | Services shall coordinate to use moneys in the Fund to finance |
4 | | their respective duties of collecting and reporting data on |
5 | | mental health records and ensuring that mental health firearm |
6 | | possession prohibitors are enforced as set forth under the |
7 | | Firearm Concealed Carry Act and the Firearm Owners |
8 | | Identification Card Act. Any surplus in the Fund beyond what is |
9 | | necessary to ensure compliance with mental health reporting |
10 | | under these Acts shall be used by the Department of Human |
11 | | Services for mental health treatment programs. |
12 | | (c) Investment income that is attributable to the |
13 | | investment of moneys in the Fund shall be retained in the Fund |
14 | | for the uses specified in this Section.
|
15 | | (30 ILCS 105/5.206 rep.) |
16 | | Section 135. The State Finance Act is amended by repealing |
17 | | Section 5.206.
|
18 | | Section 140. The Illinois Explosives Act is amended by |
19 | | changing Section 2005 as follows:
|
20 | | (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
|
21 | | Sec. 2005. Qualifications for licensure. |
22 | | (a) No person shall qualify to hold a license who: |
23 | | (1) is under 21 years of age; |
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1 | | (2) has been convicted in any court of a crime |
2 | | punishable by imprisonment for a term exceeding one year; |
3 | | (3) is under indictment for a crime punishable by |
4 | | imprisonment for a term exceeding one year; |
5 | | (4) is a fugitive from justice; |
6 | | (5) is an unlawful user of or addicted to any |
7 | | controlled substance as defined in Section 102 of the |
8 | | federal Controlled Substances Act (21 U.S.C. Sec. 802 et |
9 | | seq.); |
10 | | (6) has been adjudicated a mentally disabled person as |
11 | | defined in Section 1.1 of the Firearm Owners Identification |
12 | | Card Act mental defective ; or |
13 | | (7) is not a legal citizen of the United States. |
14 | | (b) A person who has been granted a "relief from |
15 | | disabilities" regarding criminal convictions and indictments, |
16 | | pursuant to the federal Safe Explosives Act (18 U.S.C. Sec. |
17 | | 845) may receive a license provided all other qualifications |
18 | | under this Act are met.
|
19 | | (Source: P.A. 96-1194, eff. 1-1-11.)
|
20 | | Section 145. The Mental Health and Developmental |
21 | | Disabilities Code is amended by changing Section 6-103.1 and by |
22 | | adding Sections 6-103.2 and 6-103.3 as follows:
|
23 | | (405 ILCS 5/6-103.1) |
24 | | Sec. 6-103.1. Adjudication as a mentally disabled person |
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1 | | mental defective . |
2 | | (a) When a person has been adjudicated as a mentally |
3 | | disabled person mental defective as defined in Section 1.1 of |
4 | | the Firearm Owners Identification Card Act, including, but not |
5 | | limited to, an adjudication as a disabled person as defined in |
6 | | Section 11a-2 of the Probate Act of 1975, the court shall |
7 | | direct
the circuit court clerk to immediately notify the
|
8 | | Department of State Police, Firearm Owner's Identification
|
9 | | (FOID) Office, in a form and manner prescribed by the |
10 | | Department of State Police, and shall forward a copy of the |
11 | | court order to the Department no later than 7 days after the |
12 | | entry of the order. Upon receipt of the order, the Department |
13 | | of State Police shall provide notification to the National |
14 | | Instant Criminal Background Check System .
|
15 | | (Source: P.A. 97-1131, eff. 1-1-13.)
|
16 | | (405 ILCS 5/6-103.2 new) |
17 | | Sec. 6-103.2. Developmental disability; notice. |
18 | | If a person is determined to be developmentally disabled as |
19 | | defined in Section 1.1 of the Firearm Owners Identification |
20 | | Card Act by a physician, clinical psychologist, or qualified |
21 | | examiner, whether practicing at a public or by a private mental |
22 | | health facility or developmental disability facility, the |
23 | | physician, clinical psychologist, or qualified examiner shall |
24 | | notify the Department of Human Services within 24 hours of |
25 | | making the determination that the person has a developmental |
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1 | | disability. The Department of Human Services shall immediately |
2 | | update its records and information relating to mental health |
3 | | and developmental disabilities, and if appropriate, shall |
4 | | notify the Department of State Police in a form and manner |
5 | | prescribed by the Department of State Police. Information |
6 | | disclosed under this Section shall remain privileged and |
7 | | confidential, and shall not be redisclosed, except as required |
8 | | under subsection (e) of Section 3.1 of the Firearm Owners |
9 | | Identification Card Act, nor used for any other purpose. The |
10 | | method of providing this information shall guarantee that the |
11 | | information is not released beyond that which is necessary for |
12 | | the purpose of this Section and shall be provided by rule by |
13 | | the Department of Human Services. The identity of the person |
14 | | reporting under this Section shall not be disclosed to the |
15 | | subject of the report. |
16 | | Absent willful or wanton misconduct, the physician, |
17 | | clinical psychologist, or qualified examiner making the |
18 | | determination may not be held criminally, civilly, or |
19 | | professionally liable for making or not making the notification |
20 | | required under this Section.
|
21 | | (405 ILCS 5/6-103.3 new) |
22 | | Sec. 6-103.3. Clear and present danger; notice. |
23 | | If a person is determined to pose a clear and present |
24 | | danger to himself, herself, or to others by a physician, |
25 | | clinical psychologist, or qualified examiner, whether employed |
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1 | | by the State, by any public or private mental health facility |
2 | | or part thereof, or by a school administrator, the physician, |
3 | | clinical psychologist, qualified examiner, or school |
4 | | administrator shall notify the Department of Human Services and |
5 | | a law enforcement official shall notify the Department of State |
6 | | Police, within 24 hours that the person poses a clear and |
7 | | present danger. The Department of Human Services shall |
8 | | immediately update the files relating to mental health and |
9 | | developmental disabilities, or if appropriate, shall notify |
10 | | the Department of State Police in a form and manner prescribed |
11 | | by the Department of State Police. Information disclosed under |
12 | | this subsection shall remain privileged and confidential, and |
13 | | shall not be redisclosed, except as required under subsection |
14 | | (e) of Section 3.1 of the Firearm Owners Identification Card |
15 | | Act, nor used for any other purpose. The method of providing |
16 | | this information shall guarantee that the information is not |
17 | | released beyond that which is necessary for the purpose of this |
18 | | Section. 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 shall not be held criminally, civilly, or |
23 | | professionally liable for making or not making the notification |
24 | | required under this subsection, except for willful or wanton |
25 | | misconduct. This Section does not apply to a law enforcement |
26 | | official, if making the notification under this Section will |
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1 | | interfere with a criminal investigation. |
2 | | For the purposes of this Section: |
3 | | "Clear and present danger" has the meaning ascribed to |
4 | | it in Section 1.1 of the Firearm Owners Identification Card |
5 | | Act. |
6 | | "School administrator" means the person required to |
7 | | report under the School Administrator Reporting of Mental |
8 | | Health Clear and Present Danger Determinations Law.
|
9 | | Section 150. The Firearm Owners Identification Card Act is |
10 | | amended by changing Sections 1.1, 3.1, 4, 5, 8, 8.1, 9, 10, and |
11 | | 13.2 and by adding Sections 5.1 and 9.5 as follows:
|
12 | | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
|
13 | | (Text of Section before amendment by P.A. 97-1167 ) |
14 | | Sec. 1.1. For purposes of this Act:
|
15 | | "Has been adjudicated as a mental defective" means the |
16 | | person is the subject of a determination by a court, board, |
17 | | commission or other lawful authority that a person, as a result |
18 | | of marked subnormal intelligence, or mental illness, mental |
19 | | impairment, incompetency, condition, or disease: |
20 | | (1) is a danger to himself, herself, or to others; |
21 | | (2) lacks the mental capacity to manage his or her own |
22 | | affairs; |
23 | | (3) is not guilty in a criminal case by reason of |
24 | | insanity, mental disease or defect; |
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1 | | (4) is incompetent to stand trial in a criminal case; |
2 | | (5) is not guilty by reason of lack of mental |
3 | | responsibility pursuant to Articles 50a and 72b of the |
4 | | Uniform Code of Military Justice, 10 U.S.C. 850a, 876b.
|
5 | | "Counterfeit" means to copy or imitate, without legal |
6 | | authority, with
intent
to deceive. |
7 | | "Federally licensed firearm dealer" means a person who is |
8 | | licensed as a federal firearms dealer under Section 923 of the |
9 | | federal Gun Control Act of 1968 (18 U.S.C. 923).
|
10 | | "Firearm" means any device, by
whatever name known, which |
11 | | is designed to expel a projectile or projectiles
by the action |
12 | | of an explosion, expansion of gas or escape of gas; excluding,
|
13 | | however:
|
14 | | (1) any pneumatic gun, spring gun, paint ball gun, or |
15 | | B-B gun which
expels a single globular projectile not |
16 | | exceeding .18 inch in
diameter or which has a maximum |
17 | | muzzle velocity of less than 700 feet
per second;
|
18 | | (1.1) any pneumatic gun, spring gun, paint ball gun, or |
19 | | B-B gun which expels breakable paint balls containing |
20 | | washable marking colors;
|
21 | | (2) any device used exclusively for signalling or |
22 | | safety and required or
recommended by the United States |
23 | | Coast Guard or the Interstate Commerce
Commission;
|
24 | | (3) any device used exclusively for the firing of stud |
25 | | cartridges,
explosive rivets or similar industrial |
26 | | ammunition; and
|
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1 | | (4) an antique firearm (other than a machine-gun) |
2 | | which, although
designed as a weapon, the Department of |
3 | | State Police finds by reason of
the date of its |
4 | | manufacture, value, design, and other characteristics is
|
5 | | primarily a collector's item and is not likely to be used |
6 | | as a weapon.
|
7 | | "Firearm ammunition" means any self-contained cartridge or |
8 | | shotgun
shell, by whatever name known, which is designed to be |
9 | | used or adaptable to
use in a firearm; excluding, however:
|
10 | | (1) any ammunition exclusively designed for use with a |
11 | | device used
exclusively for signalling or safety and |
12 | | required or recommended by the
United States Coast Guard or |
13 | | the Interstate Commerce Commission; and
|
14 | | (2) any ammunition designed exclusively for use with a |
15 | | stud or rivet
driver or other similar industrial |
16 | | ammunition. |
17 | | "Gun show" means an event or function: |
18 | | (1) at which the sale and transfer of firearms is the |
19 | | regular and normal course of business and where 50 or more |
20 | | firearms are displayed, offered, or exhibited for sale, |
21 | | transfer, or exchange; or |
22 | | (2) at which not less than 10 gun show vendors display, |
23 | | offer, or exhibit for sale, sell, transfer, or exchange |
24 | | firearms.
|
25 | | "Gun show" includes the entire premises provided for an |
26 | | event or function, including parking areas for the event or |
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1 | | function, that is sponsored to facilitate the purchase, sale, |
2 | | transfer, or exchange of firearms as described in this Section.
|
3 | | "Gun show" does not include training or safety classes, |
4 | | competitive shooting events, such as rifle, shotgun, or handgun |
5 | | matches, trap, skeet, or sporting clays shoots, dinners, |
6 | | banquets, raffles, or
any other event where the sale or |
7 | | transfer of firearms is not the primary course of business. |
8 | | "Gun show promoter" means a person who organizes or |
9 | | operates a gun show. |
10 | | "Gun show vendor" means a person who exhibits, sells, |
11 | | offers for sale, transfers, or exchanges any firearms at a gun |
12 | | show, regardless of whether the person arranges with a gun show |
13 | | promoter for a fixed location from which to exhibit, sell, |
14 | | offer for sale, transfer, or exchange any firearm. |
15 | | "Sanctioned competitive shooting event" means a shooting |
16 | | contest officially recognized by a national or state shooting |
17 | | sport association, and includes any sight-in or practice |
18 | | conducted in conjunction with the event.
|
19 | | "Stun gun or taser" has the meaning ascribed to it in |
20 | | Section 24-1 of the Criminal Code of 2012. |
21 | | (Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13.)
|
22 | | (Text of Section after amendment by P.A. 97-1167 ) |
23 | | Sec. 1.1. For purposes of this Act:
|
24 | | "Addicted to narcotics" means a person: |
25 | | (1) convicted of an offense involving the use or |
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1 | | possession of cannabis, a controlled substance, or |
2 | | methamphetamine within the past year; or |
3 | | (2) determined by the Department of State Police to be |
4 | | addicted to narcotics based upon federal law or federal |
5 | | guidelines. |
6 | | "Addicted to narcotics" does not include possession or use |
7 | | of a prescribed controlled substance under the direction and |
8 | | authority of a physician or person authorized to prescribe the |
9 | | controlled substance and the controlled substance is used in |
10 | | the prescribed manner. |
11 | | " Adjudicated Has been adjudicated as a mentally disabled |
12 | | person mental defective " means the person is the subject of a |
13 | | determination by a court, board, commission or other lawful |
14 | | authority that a person, as a result of marked subnormal |
15 | | intelligence, or mental illness, mental impairment, |
16 | | incompetency, condition, or disease: |
17 | | (1) presents a clear and present is a danger to |
18 | | himself, herself, or to others; |
19 | | (2) lacks the mental capacity to manage his or her own |
20 | | affairs or is adjudicated a disabled person as defined in |
21 | | Section 11a-2 of the Probate Act of 1975 ; |
22 | | (3) is not guilty in a criminal case by reason of |
23 | | insanity, mental disease or defect; |
24 | | (3.5) is guilty but mentally ill, as provided in |
25 | | Section 5-2-6 of the Unified Code of Corrections; |
26 | | (4) is incompetent to stand trial in a criminal case; |
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1 | | (5) is not guilty by reason of lack of mental |
2 | | responsibility under pursuant to Articles 50a and 72b of |
3 | | the Uniform Code of Military Justice, 10 U.S.C. 850a, |
4 | | 876b ; .
|
5 | | (6) has been found to be a sexually violent person |
6 | | under the Sexually Violent Persons Commitment Act; or |
7 | | (7) has been found to be a sexually dangerous person |
8 | | under the Sexually Dangerous Persons Act. |
9 | | "Clear and present danger" means a person: |
10 | | (1) communicates a serious threat of physical violence |
11 | | against a reasonably identifiable victim or poses a clear |
12 | | and imminent risk of serious physical injury to himself, |
13 | | herself, or another person as determined by a physician, |
14 | | clinical psychologist, or qualified examiner; or |
15 | | (2) demonstrates threatening physical or verbal |
16 | | behavior, such as violent, suicidal, or assaultive |
17 | | threats, actions, or other behavior as determined by a |
18 | | physician, clinical psychologist, qualified examiner, |
19 | | school administrator, or law enforcement official. |
20 | | "Clinical psychologist" has the meaning as defined in |
21 | | Section 1-103 of the Mental Health and Developmental |
22 | | Disabilities Code. |
23 | | "Controlled substance" means a controlled substance or |
24 | | controlled substance analog as defined in the Illinois |
25 | | Controlled Substances Act. |
26 | | "Counterfeit" means to copy or imitate, without legal |
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1 | | authority, with
intent
to deceive. |
2 | | "Developmentally disabled" means a disability which is |
3 | | attributable to any other condition which results in impairment |
4 | | similar to that caused by an intellectual disability and which |
5 | | requires services similar to those required by intellectually |
6 | | disabled persons. The disability must originate before the age |
7 | | of 18
years, be expected to continue indefinitely, and |
8 | | constitute a substantial handicap. |
9 | | "Federally licensed firearm dealer" means a person who is |
10 | | licensed as a federal firearms dealer under Section 923 of the |
11 | | federal Gun Control Act of 1968 (18 U.S.C. 923).
|
12 | | "Firearm" means any device, by
whatever name known, which |
13 | | is designed to expel a projectile or projectiles
by the action |
14 | | of an explosion, expansion of gas or escape of gas; excluding,
|
15 | | however:
|
16 | | (1) any pneumatic gun, spring gun, paint ball gun, or |
17 | | B-B gun which
expels a single globular projectile not |
18 | | exceeding .18 inch in
diameter or which has a maximum |
19 | | muzzle velocity of less than 700 feet
per second;
|
20 | | (1.1) any pneumatic gun, spring gun, paint ball gun, or |
21 | | B-B gun which expels breakable paint balls containing |
22 | | washable marking colors;
|
23 | | (2) any device used exclusively for signalling or |
24 | | safety and required or
recommended by the United States |
25 | | Coast Guard or the Interstate Commerce
Commission;
|
26 | | (3) any device used exclusively for the firing of stud |
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1 | | cartridges,
explosive rivets or similar industrial |
2 | | ammunition; and
|
3 | | (4) an antique firearm (other than a machine-gun) |
4 | | which, although
designed as a weapon, the Department of |
5 | | State Police finds by reason of
the date of its |
6 | | manufacture, value, design, and other characteristics is
|
7 | | primarily a collector's item and is not likely to be used |
8 | | as a weapon.
|
9 | | "Firearm ammunition" means any self-contained cartridge or |
10 | | shotgun
shell, by whatever name known, which is designed to be |
11 | | used or adaptable to
use in a firearm; excluding, however:
|
12 | | (1) any ammunition exclusively designed for use with a |
13 | | device used
exclusively for signalling or safety and |
14 | | required or recommended by the
United States Coast Guard or |
15 | | the Interstate Commerce Commission; and
|
16 | | (2) any ammunition designed exclusively for use with a |
17 | | stud or rivet
driver or other similar industrial |
18 | | ammunition. |
19 | | "Gun show" means an event or function: |
20 | | (1) at which the sale and transfer of firearms is the |
21 | | regular and normal course of business and where 50 or more |
22 | | firearms are displayed, offered, or exhibited for sale, |
23 | | transfer, or exchange; or |
24 | | (2) at which not less than 10 gun show vendors display, |
25 | | offer, or exhibit for sale, sell, transfer, or exchange |
26 | | firearms.
|
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1 | | "Gun show" includes the entire premises provided for an |
2 | | event or function, including parking areas for the event or |
3 | | function, that is sponsored to facilitate the purchase, sale, |
4 | | transfer, or exchange of firearms as described in this Section.
|
5 | | "Gun show" does not include training or safety classes, |
6 | | competitive shooting events, such as rifle, shotgun, or handgun |
7 | | matches, trap, skeet, or sporting clays shoots, dinners, |
8 | | banquets, raffles, or
any other event where the sale or |
9 | | transfer of firearms is not the primary course of business. |
10 | | "Gun show promoter" means a person who organizes or |
11 | | operates a gun show. |
12 | | "Gun show vendor" means a person who exhibits, sells, |
13 | | offers for sale, transfers, or exchanges any firearms at a gun |
14 | | show, regardless of whether the person arranges with a gun show |
15 | | promoter for a fixed location from which to exhibit, sell, |
16 | | offer for sale, transfer, or exchange any firearm. |
17 | | "Intellectually disabled" means significantly subaverage |
18 | | general intellectual functioning which exists concurrently |
19 | | with impairment in adaptive behavior and which originates |
20 | | before the age of 18 years. |
21 | | "Involuntarily admitted" has the meaning as prescribed in |
22 | | Sections 1-119 and 1-119.1 of the Mental Health and |
23 | | Developmental Disabilities Code. |
24 | | "Mental health facility institution " means any licensed |
25 | | private hospital, institution, or facility, or part thereof, |
26 | | and any facility, or part thereof, operated by the State or a |
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1 | | political subdivision thereof which provide clinic, evaluation |
2 | | facility, mental health center, or part thereof, which is used |
3 | | primarily for the care or treatment of persons with mental |
4 | | illness and includes all hospitals, institutions, clinics, |
5 | | evaluation facilities, mental health centers, colleges, |
6 | | universities, long-term care facilities, and nursing homes, or |
7 | | parts thereof, which provide treatment of persons with mental |
8 | | illness whether or not the primary purpose is to provide |
9 | | treatment of persons with mental illness . |
10 | | "Patient" means: |
11 | | (1) a person who voluntarily receives mental health |
12 | | treatment as an in-patient or resident of any public or |
13 | | private mental health facility, unless the treatment was |
14 | | solely for an alcohol abuse disorder and no other secondary |
15 | | substance abuse disorder or mental illness, or |
16 | | (2) a person who voluntarily receives mental health |
17 | | treatment as an out-patient or is provided services by a |
18 | | public or private mental health facility who poses a clear |
19 | | and present danger to himself, herself, or to others. |
20 | | "Physician" has the meaning as defined in Section 1-120 of |
21 | | the Mental Health and Developmental Disabilities Code. |
22 | | "Qualified examiner" has the meaning as defined in Section |
23 | | 1-122 of the Mental Health and Developmental Disabilities Code. |
24 | | "Patient in a mental institution" means the person was |
25 | | admitted, either voluntarily or involuntarily, to a mental |
26 | | institution for mental health treatment, unless the treatment |
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1 | | was voluntary and solely for an alcohol abuse disorder and no |
2 | | other secondary substance abuse disorder or mental illness. |
3 | | "Sanctioned competitive shooting event" means a shooting |
4 | | contest officially recognized by a national or state shooting |
5 | | sport association, and includes any sight-in or practice |
6 | | conducted in conjunction with the event.
|
7 | | "School administrator" means the person required to report |
8 | | under the School Administrator Reporting of Mental Health Clear |
9 | | and Present Danger Determinations Act. |
10 | | "Stun gun or taser" has the meaning ascribed to it in |
11 | | Section 24-1 of the Criminal Code of 2012. |
12 | | (Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13; |
13 | | 97-1167, eff. 6-1-13.)
|
14 | | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
|
15 | | Sec. 3.1. Dial up system. |
16 | | (a) The Department of State Police shall provide
a dial up |
17 | | telephone system or utilize other existing technology which |
18 | | shall be used by any federally licensed
firearm dealer, gun |
19 | | show promoter, or gun show vendor who is to transfer a firearm, |
20 | | stun gun, or taser under the provisions of this
Act. The |
21 | | Department of State Police may utilize existing technology |
22 | | which
allows the caller to be charged a fee not to exceed $2. |
23 | | Fees collected by the Department of
State Police shall be |
24 | | deposited in the State Police Services Fund and used
to provide |
25 | | the service.
|
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1 | | (b) Upon receiving a request from a federally licensed |
2 | | firearm dealer, gun show promoter, or gun show vendor, the
|
3 | | Department of State Police shall immediately approve, or within |
4 | | the time
period established by Section 24-3 of the Criminal |
5 | | Code of 2012 regarding
the delivery of firearms, stun guns, and |
6 | | tasers notify the inquiring dealer, gun show promoter, or gun |
7 | | show vendor of any objection that
would disqualify the |
8 | | transferee from acquiring or possessing a firearm, stun gun, or |
9 | | taser. In
conducting the inquiry, the Department of State |
10 | | Police shall initiate and
complete an automated search of its |
11 | | criminal history record information
files and those of the |
12 | | Federal Bureau of Investigation, including the
National |
13 | | Instant Criminal Background Check System, and of the files of
|
14 | | the Department of Human Services relating to mental health and
|
15 | | developmental disabilities to obtain
any felony conviction or |
16 | | patient hospitalization information which would
disqualify a |
17 | | person from obtaining or require revocation of a currently
|
18 | | valid Firearm Owner's Identification Card. |
19 | | (c) If receipt of a firearm would not violate Section 24-3 |
20 | | of the Criminal Code of 2012, federal law, or this Act the |
21 | | Department of State Police shall: |
22 | | (1) assign a unique identification number to the |
23 | | transfer; and |
24 | | (2) provide the licensee, gun show promoter, or gun |
25 | | show vendor with the number. |
26 | | (d) Approvals issued by the Department of State Police for |
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1 | | the purchase of a firearm are valid for 30 days from the date |
2 | | of issue.
|
3 | | (e) (1) The Department of State Police must act as the |
4 | | Illinois Point of Contact
for the National Instant Criminal |
5 | | Background Check System. |
6 | | (2) The Department of State Police and the Department of |
7 | | Human Services shall, in accordance with State and federal law |
8 | | regarding confidentiality, enter into a memorandum of |
9 | | understanding with the Federal Bureau of Investigation for the |
10 | | purpose of implementing the National Instant Criminal |
11 | | Background Check System in the State. The Department of State |
12 | | Police shall report the name, date of birth, and physical |
13 | | description of any person prohibited from possessing a firearm |
14 | | pursuant to the Firearm Owners Identification Card Act or 18 |
15 | | U.S.C. 922(g) and (n) to the National Instant Criminal |
16 | | Background Check System Index, Denied Persons Files.
|
17 | | (3) The Department of State Police shall provide notice of |
18 | | the disqualification of a person under subsection (b) of this |
19 | | Section or revocation of a person's Firearm Owner's |
20 | | Identification Card under Section 8 of this Act and the reason |
21 | | for the disqualification or revocation to all law enforcement |
22 | | agencies with jurisdiction to assist with the seizure of the |
23 | | person's Firearm Owner's Identification Card. |
24 | | (f) The Department of State Police shall adopt promulgate |
25 | | rules not inconsistent with this Section to implement this
|
26 | | system.
|
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1 | | (Source: P.A. 97-1150, eff. 1-25-13.)
|
2 | | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
|
3 | | (Text of Section before amendment by P.A. 97-1167 )
|
4 | | Sec. 4. (a) Each applicant for a Firearm Owner's |
5 | | Identification Card must:
|
6 | | (1) Make application on blank forms prepared and |
7 | | furnished at convenient
locations throughout the State by |
8 | | the Department of State Police, or by
electronic means, if |
9 | | and when made available by the Department of State
Police; |
10 | | and
|
11 | | (2) Submit evidence to the Department of State Police |
12 | | that:
|
13 | | (i) He or she is 21 years of age or over, or if he |
14 | | or she is under 21
years of age that he or she has the |
15 | | written consent of his or her parent or
legal guardian |
16 | | to possess and acquire firearms and firearm ammunition |
17 | | and that
he or she has never been convicted of a |
18 | | misdemeanor other than a traffic
offense or adjudged
|
19 | | delinquent, provided, however, that such parent or |
20 | | legal guardian is not an
individual prohibited from |
21 | | having a Firearm Owner's Identification Card and
files |
22 | | an affidavit with the Department as prescribed by the |
23 | | Department
stating that he or she is not an individual |
24 | | prohibited from having a Card;
|
25 | | (ii) He or she has not been convicted of a felony |
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1 | | under the laws of
this or any other jurisdiction;
|
2 | | (iii) He or she is not addicted to narcotics;
|
3 | | (iv) He or she has not been a patient in a mental |
4 | | institution within
the past 5 years and he or she has |
5 | | not been adjudicated as a mental defective;
|
6 | | (v) He or she is not intellectually disabled;
|
7 | | (vi) He or she is not an alien who is unlawfully |
8 | | present in the
United States under the laws of the |
9 | | United States;
|
10 | | (vii) He or she is not subject to an existing order |
11 | | of protection
prohibiting him or her from possessing a |
12 | | firearm;
|
13 | | (viii) He or she has not been convicted within the |
14 | | past 5 years of
battery, assault, aggravated assault, |
15 | | violation of an order of
protection, or a substantially |
16 | | similar offense in another jurisdiction, in
which a |
17 | | firearm was used or possessed;
|
18 | | (ix) He or she has not been convicted of domestic |
19 | | battery, aggravated domestic battery, or a
|
20 | | substantially similar offense in another
jurisdiction |
21 | | committed before, on or after January 1, 2012 (the |
22 | | effective date of Public Act 97-158). If the applicant |
23 | | knowingly and intelligently waives the right to have an |
24 | | offense described in this clause (ix) tried by a jury, |
25 | | and by guilty plea or otherwise, results in a |
26 | | conviction for an offense in which a domestic |
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1 | | relationship is not a required element of the offense |
2 | | but in which a determination of the applicability of 18 |
3 | | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the |
4 | | Code of Criminal Procedure of 1963, an entry by the |
5 | | court of a judgment of conviction for that offense |
6 | | shall be grounds for denying the issuance of a Firearm |
7 | | Owner's Identification Card under this Section;
|
8 | | (x) (Blank);
|
9 | | (xi) He or she is not an alien who has been |
10 | | admitted to the United
States under a non-immigrant |
11 | | visa (as that term is defined in Section
101(a)(26) of |
12 | | the Immigration and Nationality Act (8 U.S.C. |
13 | | 1101(a)(26))),
or that he or she is an alien who has |
14 | | been lawfully admitted to the United
States under a |
15 | | non-immigrant visa if that alien is:
|
16 | | (1) admitted to the United States for lawful |
17 | | hunting or sporting
purposes;
|
18 | | (2) an official representative of a foreign |
19 | | government who is:
|
20 | | (A) accredited to the United States |
21 | | Government or the Government's
mission to an |
22 | | international organization having its |
23 | | headquarters in the United
States; or
|
24 | | (B) en route to or from another country to |
25 | | which that alien is
accredited;
|
26 | | (3) an official of a foreign government or |
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|
1 | | distinguished foreign
visitor who has been so |
2 | | designated by the Department of State;
|
3 | | (4) a foreign law enforcement officer of a |
4 | | friendly foreign
government entering the United |
5 | | States on official business; or
|
6 | | (5) one who has received a waiver from the |
7 | | Attorney General of the
United States pursuant to |
8 | | 18 U.S.C. 922(y)(3);
|
9 | | (xii) He or she is not a minor subject to a |
10 | | petition filed
under Section 5-520 of the Juvenile |
11 | | Court Act of 1987 alleging that the
minor is a |
12 | | delinquent minor for the commission of an offense that |
13 | | if
committed by an adult would be a felony;
|
14 | | (xiii) He or she is not an adult who had been |
15 | | adjudicated a delinquent
minor under the Juvenile |
16 | | Court Act of 1987 for the commission of an offense
that |
17 | | if committed by an adult would be a felony; and
|
18 | | (xiv) He or she is a resident of the State of |
19 | | Illinois; and
|
20 | | (3) Upon request by the Department of State Police, |
21 | | sign a release on a
form prescribed by the Department of |
22 | | State Police waiving any right to
confidentiality and |
23 | | requesting the disclosure to the Department of State Police
|
24 | | of limited mental health institution admission information |
25 | | from another state,
the District of Columbia, any other |
26 | | territory of the United States, or a
foreign nation |
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1 | | concerning the applicant for the sole purpose of |
2 | | determining
whether the applicant is or was a patient in a |
3 | | mental health institution and
disqualified because of that |
4 | | status from receiving a Firearm Owner's
Identification |
5 | | Card. No mental health care or treatment records may be
|
6 | | requested. The information received shall be destroyed |
7 | | within one year of
receipt.
|
8 | | (a-5) Each applicant for a Firearm Owner's Identification |
9 | | Card who is over
the age of 18 shall furnish to the Department |
10 | | of State Police either his or
her Illinois driver's license |
11 | | number or Illinois Identification Card number, except as
|
12 | | provided in subsection (a-10).
|
13 | | (a-10) Each applicant for a Firearm Owner's Identification |
14 | | Card,
who is employed as a law enforcement officer, an armed |
15 | | security officer in Illinois, or by the United States Military
|
16 | | permanently assigned in Illinois and who is not an Illinois |
17 | | resident, shall furnish to
the Department of State Police his |
18 | | or her driver's license number or state
identification card |
19 | | number from his or her state of residence. The Department
of |
20 | | State Police may promulgate rules to enforce the provisions of |
21 | | this
subsection (a-10).
|
22 | | (a-15) If an applicant applying for a Firearm Owner's |
23 | | Identification Card moves from the residence address named in |
24 | | the application, he or she shall immediately notify in a form |
25 | | and manner prescribed by the Department of State Police of that |
26 | | change of address. |
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1 | | (a-20) Each applicant for a Firearm Owner's Identification |
2 | | Card shall furnish to the Department of State Police his or her |
3 | | photograph. An applicant who is 21 years of age or older |
4 | | seeking a religious exemption to the photograph requirement |
5 | | must furnish with the application an approved copy of United |
6 | | States Department of the Treasury Internal Revenue Service Form |
7 | | 4029. In lieu of a photograph, an applicant regardless of age |
8 | | seeking a religious exemption to the photograph requirement |
9 | | shall submit fingerprints on a form and manner prescribed by |
10 | | the Department with his or her application. |
11 | | (b) Each application form shall include the following |
12 | | statement printed in
bold type: "Warning: Entering false |
13 | | information on an application for a Firearm
Owner's |
14 | | Identification Card is punishable as a Class 2 felony in |
15 | | accordance
with subsection (d-5) of Section 14 of the Firearm |
16 | | Owners Identification Card
Act.".
|
17 | | (c) Upon such written consent, pursuant to Section 4, |
18 | | paragraph (a)(2)(i),
the parent or legal guardian giving the |
19 | | consent shall be liable for any
damages resulting from the |
20 | | applicant's use of firearms or firearm ammunition.
|
21 | | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, |
22 | | eff. 7-13-12; 97-1131, eff. 1-1-13.)
|
23 | | (Text of Section after amendment by P.A. 97-1167 ) |
24 | | Sec. 4. (a) Each applicant for a Firearm Owner's |
25 | | Identification Card must:
|
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1 | | (1) Make application on blank forms prepared and |
2 | | furnished at convenient
locations throughout the State by |
3 | | the Department of State Police, or by
electronic means, if |
4 | | and when made available by the Department of State
Police; |
5 | | and
|
6 | | (2) Submit evidence to the Department of State Police |
7 | | that:
|
8 | | (i) He or she is 21 years of age or over, or if he |
9 | | or she is under 21
years of age that he or she has the |
10 | | written consent of his or her parent or
legal guardian |
11 | | to possess and acquire firearms and firearm ammunition |
12 | | and that
he or she has never been convicted of a |
13 | | misdemeanor other than a traffic
offense or adjudged
|
14 | | delinquent, provided, however, that such parent or |
15 | | legal guardian is not an
individual prohibited from |
16 | | having a Firearm Owner's Identification Card and
files |
17 | | an affidavit with the Department as prescribed by the |
18 | | Department
stating that he or she is not an individual |
19 | | prohibited from having a Card;
|
20 | | (ii) He or she has not been convicted of a felony |
21 | | under the laws of
this or any other jurisdiction;
|
22 | | (iii) He or she is not addicted to narcotics;
|
23 | | (iv) He or she has not been a patient in a mental |
24 | | health facility institution within
the past 5 years or |
25 | | if he or she has been a patient in a mental health |
26 | | facility more than 5 years ago submit the certification |
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1 | | required under subsection (u) of Section 8 of this Act ;
|
2 | | (v) He or she is not intellectually disabled;
|
3 | | (vi) He or she is not an alien who is unlawfully |
4 | | present in the
United States under the laws of the |
5 | | United States;
|
6 | | (vii) He or she is not subject to an existing order |
7 | | of protection
prohibiting him or her from possessing a |
8 | | firearm;
|
9 | | (viii) He or she has not been convicted within the |
10 | | past 5 years of
battery, assault, aggravated assault, |
11 | | violation of an order of
protection, or a substantially |
12 | | similar offense in another jurisdiction, in
which a |
13 | | firearm was used or possessed;
|
14 | | (ix) He or she has not been convicted of domestic |
15 | | battery, aggravated domestic battery, or a
|
16 | | substantially similar offense in another
jurisdiction |
17 | | committed before, on or after January 1, 2012 (the |
18 | | effective date of Public Act 97-158). If the applicant |
19 | | knowingly and intelligently waives the right to have an |
20 | | offense described in this clause (ix) tried by a jury, |
21 | | and by guilty plea or otherwise, results in a |
22 | | conviction for an offense in which a domestic |
23 | | relationship is not a required element of the offense |
24 | | but in which a determination of the applicability of 18 |
25 | | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the |
26 | | Code of Criminal Procedure of 1963, an entry by the |
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1 | | court of a judgment of conviction for that offense |
2 | | shall be grounds for denying the issuance of a Firearm |
3 | | Owner's Identification Card under this Section;
|
4 | | (x) (Blank);
|
5 | | (xi) He or she is not an alien who has been |
6 | | admitted to the United
States under a non-immigrant |
7 | | visa (as that term is defined in Section
101(a)(26) of |
8 | | the Immigration and Nationality Act (8 U.S.C. |
9 | | 1101(a)(26))),
or that he or she is an alien who has |
10 | | been lawfully admitted to the United
States under a |
11 | | non-immigrant visa if that alien is:
|
12 | | (1) admitted to the United States for lawful |
13 | | hunting or sporting
purposes;
|
14 | | (2) an official representative of a foreign |
15 | | government who is:
|
16 | | (A) accredited to the United States |
17 | | Government or the Government's
mission to an |
18 | | international organization having its |
19 | | headquarters in the United
States; or
|
20 | | (B) en route to or from another country to |
21 | | which that alien is
accredited;
|
22 | | (3) an official of a foreign government or |
23 | | distinguished foreign
visitor who has been so |
24 | | designated by the Department of State;
|
25 | | (4) a foreign law enforcement officer of a |
26 | | friendly foreign
government entering the United |
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1 | | States on official business; or
|
2 | | (5) one who has received a waiver from the |
3 | | Attorney General of the
United States pursuant to |
4 | | 18 U.S.C. 922(y)(3);
|
5 | | (xii) He or she is not a minor subject to a |
6 | | petition filed
under Section 5-520 of the Juvenile |
7 | | Court Act of 1987 alleging that the
minor is a |
8 | | delinquent minor for the commission of an offense that |
9 | | if
committed by an adult would be a felony;
|
10 | | (xiii) He or she is not an adult who had been |
11 | | adjudicated a delinquent
minor under the Juvenile |
12 | | Court Act of 1987 for the commission of an offense
that |
13 | | if committed by an adult would be a felony;
|
14 | | (xiv) He or she is a resident of the State of |
15 | | Illinois; and |
16 | | (xv) He or she has not been adjudicated as a |
17 | | mentally disabled person mental defective ; and |
18 | | (xvi) He or she has not been involuntarily admitted |
19 | | into a mental health facility; and |
20 | | (xvii) He or she is not developmentally disabled; |
21 | | and
|
22 | | (3) Upon request by the Department of State Police, |
23 | | sign a release on a
form prescribed by the Department of |
24 | | State Police waiving any right to
confidentiality and |
25 | | requesting the disclosure to the Department of State Police
|
26 | | of limited mental health institution admission information |
|
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1 | | from another state,
the District of Columbia, any other |
2 | | territory of the United States, or a
foreign nation |
3 | | concerning the applicant for the sole purpose of |
4 | | determining
whether the applicant is or was a patient in a |
5 | | mental health institution and
disqualified because of that |
6 | | status from receiving a Firearm Owner's
Identification |
7 | | Card. No mental health care or treatment records may be
|
8 | | requested. The information received shall be destroyed |
9 | | within one year of
receipt.
|
10 | | (a-5) Each applicant for a Firearm Owner's Identification |
11 | | Card who is over
the age of 18 shall furnish to the Department |
12 | | of State Police either his or
her Illinois driver's license |
13 | | number or Illinois Identification Card number, except as
|
14 | | provided in subsection (a-10).
|
15 | | (a-10) Each applicant for a Firearm Owner's Identification |
16 | | Card,
who is employed as a law enforcement officer, an armed |
17 | | security officer in Illinois, or by the United States Military
|
18 | | permanently assigned in Illinois and who is not an Illinois |
19 | | resident, shall furnish to
the Department of State Police his |
20 | | or her driver's license number or state
identification card |
21 | | number from his or her state of residence. The Department
of |
22 | | State Police may adopt promulgate rules to enforce the |
23 | | provisions of this
subsection (a-10).
|
24 | | (a-15) If an applicant applying for a Firearm Owner's |
25 | | Identification Card moves from the residence address named in |
26 | | the application, he or she shall immediately notify in a form |
|
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1 | | and manner prescribed by the Department of State Police of that |
2 | | change of address. |
3 | | (a-20) Each applicant for a Firearm Owner's Identification |
4 | | Card shall furnish to the Department of State Police his or her |
5 | | photograph. An applicant who is 21 years of age or older |
6 | | seeking a religious exemption to the photograph requirement |
7 | | must furnish with the application an approved copy of United |
8 | | States Department of the Treasury Internal Revenue Service Form |
9 | | 4029. In lieu of a photograph, an applicant regardless of age |
10 | | seeking a religious exemption to the photograph requirement |
11 | | shall submit fingerprints on a form and manner prescribed by |
12 | | the Department with his or her application. |
13 | | (b) Each application form shall include the following |
14 | | statement printed in
bold type: "Warning: Entering false |
15 | | information on an application for a Firearm
Owner's |
16 | | Identification Card is punishable as a Class 2 felony in |
17 | | accordance
with subsection (d-5) of Section 14 of the Firearm |
18 | | Owners Identification Card
Act.".
|
19 | | (c) Upon such written consent, pursuant to Section 4, |
20 | | paragraph (a)(2)(i),
the parent or legal guardian giving the |
21 | | consent shall be liable for any
damages resulting from the |
22 | | applicant's use of firearms or firearm ammunition.
|
23 | | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, |
24 | | eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13.)
|
25 | | (430 ILCS 65/5) (from Ch. 38, par. 83-5)
|
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1 | | Sec. 5. The Department of State Police shall either approve |
2 | | or
deny all applications within 30 days from the date they are |
3 | | received,
and every applicant found qualified under pursuant to |
4 | | Section 8 of this Act by
the Department shall be entitled to a |
5 | | Firearm Owner's Identification
Card upon the payment of a $10 |
6 | | fee. Any applicant who is an active duty member of the Armed |
7 | | Forces of the United States, a member of the Illinois National |
8 | | Guard, or a member of the Reserve Forces of the United States |
9 | | is exempt from the application fee. $6 of each fee derived from |
10 | | the
issuance of Firearm Owner's Identification Cards, or |
11 | | renewals thereof,
shall be deposited in the Wildlife and Fish |
12 | | Fund in the State Treasury;
$1 of the such fee shall be |
13 | | deposited in the State Police Services Fund and $3 of the such |
14 | | fee shall be deposited in the
State Police Firearm Services |
15 | | Fund. Firearm Owner's Notification Fund. Monies in the Firearm |
16 | | Owner's
Notification Fund shall be used exclusively to pay for |
17 | | the cost of sending
notices of expiration of Firearm Owner's |
18 | | Identification Cards under Section
13.2 of this Act.
Excess |
19 | | monies in the Firearm Owner's Notification Fund shall be used |
20 | | to
ensure the prompt and efficient processing of applications |
21 | | received under
Section 4 of this Act.
|
22 | | (Source: P.A. 95-581, eff. 6-1-08; 96-91, eff. 7-27-09.)
|
23 | | (430 ILCS 65/5.1 new) |
24 | | Sec. 5.1. State Police Firearm Services Fund. All moneys |
25 | | remaining in the Firearm Owner's Notification Fund on the |
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1 | | effective date of this
amendatory Act of the 98th General |
2 | | Assembly shall be
transferred into the State Police Firearm |
3 | | Services Fund, a special
fund created in the State treasury, to |
4 | | be expended by the Department
of State Police, for the purposes |
5 | | specified in this Act and Section 2605-595 of the Department of |
6 | | State Police Law of the
Civil Administrative Code of Illinois.
|
7 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
|
8 | | (Text of Section before amendment by P.A. 97-1167 )
|
9 | | Sec. 8. The Department of State Police has authority to |
10 | | deny an
application for or to revoke and seize a Firearm |
11 | | Owner's Identification
Card previously issued under this Act |
12 | | only if the Department finds that the
applicant or the person |
13 | | to whom such card was issued is or was at the time
of issuance:
|
14 | | (a) A person under 21 years of age who has been convicted |
15 | | of a
misdemeanor other than a traffic offense or adjudged |
16 | | delinquent;
|
17 | | (b) A person under 21 years of age who does not have the |
18 | | written consent
of his parent or guardian to acquire and |
19 | | possess firearms and firearm
ammunition, or whose parent or |
20 | | guardian has revoked such written consent,
or where such parent |
21 | | or guardian does not qualify to have a Firearm Owner's
|
22 | | Identification Card;
|
23 | | (c) A person convicted of a felony under the laws of this |
24 | | or any other
jurisdiction;
|
25 | | (d) A person addicted to narcotics;
|
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1 | | (e) A person who has been a patient of a mental institution |
2 | | within the
past 5 years or has been adjudicated as a mental |
3 | | defective;
|
4 | | (f) A person whose mental condition is of such a nature |
5 | | that it poses
a clear and present danger to the applicant, any |
6 | | other person or persons or
the community;
|
7 | | For the purposes of this Section, "mental condition" means |
8 | | a state of
mind manifested by violent, suicidal, threatening or |
9 | | assaultive behavior.
|
10 | | (g) A person who is intellectually disabled;
|
11 | | (h) A person who intentionally makes a false statement in |
12 | | the Firearm
Owner's Identification Card application;
|
13 | | (i) An alien who is unlawfully present in
the United States |
14 | | under the laws of the United States;
|
15 | | (i-5) An alien who has been admitted to the United States |
16 | | under a
non-immigrant visa (as that term is defined in Section |
17 | | 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. |
18 | | 1101(a)(26))), except that this
subsection (i-5) does not apply |
19 | | to any alien who has been lawfully admitted to
the United |
20 | | States under a non-immigrant visa if that alien is:
|
21 | | (1) admitted to the United States for lawful hunting or |
22 | | sporting purposes;
|
23 | | (2) an official representative of a foreign government |
24 | | who is:
|
25 | | (A) accredited to the United States Government or |
26 | | the Government's
mission to an international |
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1 | | organization having its headquarters in the United
|
2 | | States; or
|
3 | | (B) en route to or from another country to which |
4 | | that alien is
accredited;
|
5 | | (3) an official of a foreign government or |
6 | | distinguished foreign visitor
who has been so designated by |
7 | | the Department of State;
|
8 | | (4) a foreign law enforcement officer of a friendly |
9 | | foreign government
entering the United States on official |
10 | | business; or
|
11 | | (5) one who has received a waiver from the Attorney |
12 | | General of the United
States pursuant to 18 U.S.C. |
13 | | 922(y)(3);
|
14 | | (j) (Blank);
|
15 | | (k) A person who has been convicted within the past 5 years |
16 | | of battery,
assault, aggravated assault, violation of an order |
17 | | of protection, or a
substantially similar offense in another |
18 | | jurisdiction, in which a firearm was
used or possessed;
|
19 | | (l) A person who has been convicted of domestic battery, |
20 | | aggravated domestic battery, or a substantially
similar |
21 | | offense in another jurisdiction committed before, on or after |
22 | | January 1, 2012 (the effective date of Public Act 97-158). If |
23 | | the applicant or person who has been previously issued a |
24 | | Firearm Owner's Identification Card under this Act knowingly |
25 | | and intelligently waives the right to have an offense described |
26 | | in this paragraph (l) tried by a jury, and by guilty plea or |
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1 | | otherwise, results in a conviction for an offense in which a |
2 | | domestic relationship is not a required element of the offense |
3 | | but in which a determination of the applicability of 18 U.S.C. |
4 | | 922(g)(9) is made under Section 112A-11.1 of the Code of |
5 | | Criminal Procedure of 1963, an entry by the court of a judgment |
6 | | of conviction for that offense shall be grounds for denying an |
7 | | application for and for revoking and seizing a Firearm Owner's |
8 | | Identification Card previously issued to the person under this |
9 | | Act;
|
10 | | (m) (Blank);
|
11 | | (n) A person who is prohibited from acquiring or possessing
|
12 | | firearms or firearm ammunition by any Illinois State statute or |
13 | | by federal
law;
|
14 | | (o) A minor subject to a petition filed under Section 5-520 |
15 | | of the
Juvenile Court Act of 1987 alleging that the minor is a |
16 | | delinquent minor for
the commission of an offense that if |
17 | | committed by an adult would be a felony;
|
18 | | (p) An adult who had been adjudicated a delinquent minor |
19 | | under the Juvenile
Court Act of 1987 for the commission of an |
20 | | offense that if committed by an
adult would be a felony; or
|
21 | | (q) A person who is not a resident of the State of |
22 | | Illinois, except as provided in subsection (a-10) of Section 4. |
23 | | (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, |
24 | | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
|
25 | | (Text of Section after amendment by P.A. 97-1167 ) |
|
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1 | | Sec. 8. The Department of State Police has authority to |
2 | | deny an
application for or to revoke and seize a Firearm |
3 | | Owner's Identification
Card previously issued under this Act |
4 | | only if the Department finds that the
applicant or the person |
5 | | to whom such card was issued is or was at the time
of issuance:
|
6 | | (a) A person under 21 years of age who has been convicted |
7 | | of a
misdemeanor other than a traffic offense or adjudged |
8 | | delinquent;
|
9 | | (b) A person under 21 years of age who does not have the |
10 | | written consent
of his parent or guardian to acquire and |
11 | | possess firearms and firearm
ammunition, or whose parent or |
12 | | guardian has revoked such written consent,
or where such parent |
13 | | or guardian does not qualify to have a Firearm Owner's
|
14 | | Identification Card;
|
15 | | (c) A person convicted of a felony under the laws of this |
16 | | or any other
jurisdiction;
|
17 | | (d) A person addicted to narcotics;
|
18 | | (e) A person who has been a patient of a mental health |
19 | | facility institution within the
past 5 years or a person who |
20 | | has been a patient in a mental health facility more than 5 |
21 | | years ago and has not received the certification required under |
22 | | subsection (u) of this Section . An active law enforcement |
23 | | officer employed by a unit of government who is denied, |
24 | | revoked, or has his or her Firearm Owner's Identification Card |
25 | | seized under this subsection (e) may obtain relief as described |
26 | | in subsection (c-5) of Section 10 of this Act if the officer |
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1 | | did not act in a manner threatening to the officer, another |
2 | | person, or the public as determined by the treating clinical |
3 | | psychologist or physician, and the officer seeks mental health |
4 | | treatment;
|
5 | | (f) A person whose mental condition is of such a nature |
6 | | that it poses
a clear and present danger to the applicant, any |
7 | | other person or persons or
the community;
|
8 | | For the purposes of this Section, "mental condition" means |
9 | | a state of
mind manifested by violent, suicidal, threatening or |
10 | | assaultive behavior.
|
11 | | (g) A person who is intellectually disabled;
|
12 | | (h) A person who intentionally makes a false statement in |
13 | | the Firearm
Owner's Identification Card application;
|
14 | | (i) An alien who is unlawfully present in
the United States |
15 | | under the laws of the United States;
|
16 | | (i-5) An alien who has been admitted to the United States |
17 | | under a
non-immigrant visa (as that term is defined in Section |
18 | | 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. |
19 | | 1101(a)(26))), except that this
subsection (i-5) does not apply |
20 | | to any alien who has been lawfully admitted to
the United |
21 | | States under a non-immigrant visa if that alien is:
|
22 | | (1) admitted to the United States for lawful hunting or |
23 | | sporting purposes;
|
24 | | (2) an official representative of a foreign government |
25 | | who is:
|
26 | | (A) accredited to the United States Government or |
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1 | | the Government's
mission to an international |
2 | | organization having its headquarters in the United
|
3 | | States; or
|
4 | | (B) en route to or from another country to which |
5 | | that alien is
accredited;
|
6 | | (3) an official of a foreign government or |
7 | | distinguished foreign visitor
who has been so designated by |
8 | | the Department of State;
|
9 | | (4) a foreign law enforcement officer of a friendly |
10 | | foreign government
entering the United States on official |
11 | | business; or
|
12 | | (5) one who has received a waiver from the Attorney |
13 | | General of the United
States pursuant to 18 U.S.C. |
14 | | 922(y)(3);
|
15 | | (j) (Blank);
|
16 | | (k) A person who has been convicted within the past 5 years |
17 | | of battery,
assault, aggravated assault, violation of an order |
18 | | of protection, or a
substantially similar offense in another |
19 | | jurisdiction, in which a firearm was
used or possessed;
|
20 | | (l) A person who has been convicted of domestic battery, |
21 | | aggravated domestic battery, or a substantially
similar |
22 | | offense in another jurisdiction committed before, on or after |
23 | | January 1, 2012 (the effective date of Public Act 97-158). If |
24 | | the applicant or person who has been previously issued a |
25 | | Firearm Owner's Identification Card under this Act knowingly |
26 | | and intelligently waives the right to have an offense described |
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1 | | in this paragraph (l) tried by a jury, and by guilty plea or |
2 | | otherwise, results in a conviction for an offense in which a |
3 | | domestic relationship is not a required element of the offense |
4 | | but in which a determination of the applicability of 18 U.S.C. |
5 | | 922(g)(9) is made under Section 112A-11.1 of the Code of |
6 | | Criminal Procedure of 1963, an entry by the court of a judgment |
7 | | of conviction for that offense shall be grounds for denying an |
8 | | application for and for revoking and seizing a Firearm Owner's |
9 | | Identification Card previously issued to the person under this |
10 | | Act;
|
11 | | (m) (Blank);
|
12 | | (n) A person who is prohibited from acquiring or possessing
|
13 | | firearms or firearm ammunition by any Illinois State statute or |
14 | | by federal
law;
|
15 | | (o) A minor subject to a petition filed under Section 5-520 |
16 | | of the
Juvenile Court Act of 1987 alleging that the minor is a |
17 | | delinquent minor for
the commission of an offense that if |
18 | | committed by an adult would be a felony;
|
19 | | (p) An adult who had been adjudicated a delinquent minor |
20 | | under the Juvenile
Court Act of 1987 for the commission of an |
21 | | offense that if committed by an
adult would be a felony;
|
22 | | (q) A person who is not a resident of the State of |
23 | | Illinois, except as provided in subsection (a-10) of Section 4; |
24 | | or |
25 | | (r) A person who has been adjudicated as a mentally |
26 | | disabled person; mental defective. |
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1 | | (s) A person who has been found to be developmentally |
2 | | disabled; |
3 | | (t) A person involuntarily admitted into a mental health |
4 | | facility; |
5 | | (u) A person who has had his or her Firearm Owner's |
6 | | Identification Card revoked or denied under subsection (e) of |
7 | | this Section or item (iv) of Section 4 of this Act because he |
8 | | or she was a patient in a mental health facility as provided in |
9 | | item (2) of subsection (e) of this Section, shall not be |
10 | | permitted to obtain a Firearm Owner's Identification Card, |
11 | | after the 5 year period has lapsed, unless he or she has |
12 | | received a mental health evaluation by a physician, clinical |
13 | | psychologist, or qualified examiner as those terms are defined |
14 | | in the Mental Health and Developmental Disabilities Code, and |
15 | | has received a certification that he or she is not a clear and |
16 | | present danger to himself, herself, or others. The physician, |
17 | | clinical psychologist, or qualified examiner making the |
18 | | certification shall not be held criminally, civilly, or |
19 | | professionally liable for making or not making the |
20 | | certification required under this subsection, except for |
21 | | willful or wanton misconduct. This subsection does not apply to |
22 | | a person whose firearm possession rights have been restored |
23 | | through administrative or judicial action under Section 10 or |
24 | | 11 of this Act; or |
25 | | (v) Upon revocation of a person's Firearm Owner's |
26 | | Identification Card, the Department of State Police shall |
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1 | | provide notice to the person and the person shall comply with |
2 | | Section 9.5 of this Act. |
3 | | (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, |
4 | | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13; |
5 | | 97-1167, eff. 6-1-13.)
|
6 | | (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
|
7 | | Sec. 8.1. Notifications to the Circuit Clerk to notify |
8 | | Department of State Police.
|
9 | | (a) The Circuit Clerk shall, in the form and manner |
10 | | required by the
Supreme Court, notify the Department of State |
11 | | Police of all final dispositions
of cases for which the |
12 | | Department has received information reported to it under
|
13 | | Sections 2.1 and 2.2 of the Criminal Identification Act.
|
14 | | (b) Upon adjudication of any individual as a mentally |
15 | | disabled person mental defective , as defined in Section 1.1 of |
16 | | this Act or as provided in paragraph (3.5) of subsection (c) of |
17 | | Section 104-26 of the Code of Criminal Procedure of 1963 , the |
18 | | court shall direct the circuit court clerk to immediately |
19 | | notify the Department of State Police, Firearm Owner's |
20 | | Identification (FOID) department, and shall forward a copy of |
21 | | the court order to the Department. |
22 | | (c) The Department of Human Services shall, in the form and |
23 | | manner prescribed by the Department of State Police, report all |
24 | | information collected under subsection (b) of Section 12 of the |
25 | | Mental Health and Developmental Disabilities Confidentiality |
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1 | | Act for the purpose of determining whether a person who may be |
2 | | or may have been a patient in a mental health facility is |
3 | | disqualified under State or federal law from receiving or |
4 | | retaining a Firearm Owner's Identification Card, or purchasing |
5 | | a weapon. |
6 | | (d) If a person is determined to pose a clear and present |
7 | | danger to himself, herself, or to others by a physician, |
8 | | clinical psychologist, qualified examiner, law enforcement |
9 | | official, or school administrator, or is determined to be |
10 | | developmentally disabled by a physician, clinical |
11 | | psychologist, or qualified examiner, whether employed by the |
12 | | State or by a private mental health facility, the physician, |
13 | | clinical psychologist, or qualified examiner shall, within 24 |
14 | | hours, notify the Department of Human Services that the person |
15 | | poses a clear and present danger. The Department of Human |
16 | | Services shall immediately update the files relating to mental |
17 | | health and developmental disabilities, or if appropriate, |
18 | | shall notify the Department of State Police in a form and |
19 | | manner prescribed by the Department of State Police. The |
20 | | Department of State Police shall determine whether to revoke |
21 | | the person's Firearm Owner's Identification Card under Section |
22 | | 8 of this Act. Any information disclosed under this subsection |
23 | | shall remain privileged and confidential, and shall not be |
24 | | redisclosed, except as required under subsection (e) of Section |
25 | | 3.1 of this Act, nor used for any other purpose. The method of |
26 | | providing this information shall guarantee that the |
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1 | | information is not released beyond what is necessary for the |
2 | | purpose of this Section. The identity of the person reporting |
3 | | under this Section shall not be disclosed to the subject of the |
4 | | report. The physician, clinical psychologist, qualified |
5 | | examiner, law enforcement official, or school administrator |
6 | | making the determination shall not be held criminally, civilly, |
7 | | or professionally liable for making or not making the |
8 | | notification required under this subsection, except for |
9 | | willful or wanton misconduct. |
10 | | (e) The Department of State Police shall adopt rules to |
11 | | implement this Section. |
12 | | (Source: P.A. 97-1131, eff. 1-1-13.)
|
13 | | (430 ILCS 65/9) (from Ch. 38, par. 83-9)
|
14 | | Sec. 9.
Every person whose application for a Firearm |
15 | | Owner's Identification
Card is denied, and every holder of such |
16 | | a Card whose Card is revoked
or seized, shall receive a written |
17 | | notice from the Department of State
Police stating specifically |
18 | | the grounds upon which
his application has
been denied or upon |
19 | | which his Identification Card has been revoked. The written |
20 | | notice shall include the requirements of Section 9.5 of this |
21 | | Act and the persons's right to administrative or judicial |
22 | | review under Section 10 and 11 of this Act. A copy of the |
23 | | written notice shall be provided to the sheriff and law |
24 | | enforcement agency where the person resides.
|
25 | | (Source: P.A. 97-1131, eff. 1-1-13.)
|
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1 | | (430 ILCS 65/9.5 new) |
2 | | Sec. 9.5. Revocation of Firearm Owner's Identification
|
3 | | Card. |
4 | | (a) A person who receives a revocation notice under Section |
5 | | 9 of this Act shall, within 48 hours of receiving notice of the |
6 | | revocation: |
7 | | (1) surrender his or her Firearm Owner's |
8 | | Identification Card to the local law enforcement agency |
9 | | where the person resides. The local law enforcement agency |
10 | | shall provide the person a receipt and transmit the Firearm |
11 | | Owner's Identification Card to the Department of State |
12 | | Police; and |
13 | | (2) complete a Firearm Disposition Record on a form |
14 | | prescribed by the Department of State Police and place his |
15 | | or her firearms in the location or with the person reported |
16 | | in the Firearm Disposition Record. The form shall require |
17 | | the person to disclose: |
18 | | (A) the make, model, and serial number of all |
19 | | firearms owned by or under the custody and control of |
20 | | the revoked person; |
21 | | (B) the location where the firearms will be |
22 | | maintained during the prohibited term; and |
23 | | (C) if the firearms will be transferred to the |
24 | | custody of another person, the name, address and |
25 | | Firearm Owner's Identification Card number of the |
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1 | | transferee. |
2 | | (b) The local law enforcement agency shall provide a copy |
3 | | of the Firearm Disposition Record to the person whose Firearm |
4 | | Owner's Identification Card has been revoked and to the |
5 | | Department of State Police. |
6 | | (c) If the person whose Firearm Owner's Identification Card |
7 | | has been revoked fails to comply with the requirements of this |
8 | | Section, the sheriff or law enforcement agency where the person |
9 | | resides may petition the circuit court to issue a warrant to |
10 | | search for and seize the Firearm Owner's Identification Card |
11 | | and firearms in the possession and under the custody or control |
12 | | of the person whose Firearm Owner's Identification Card has |
13 | | been revoked. |
14 | | (d) A violation of subsection (a) of this Section is a |
15 | | Class A misdemeanor. |
16 | | (e) The observation of a Firearm Owner's Identification |
17 | | Card in the possession of a person whose Firearm Owner's |
18 | | Identification Card has been revoked constitutes a sufficient |
19 | | basis for the arrest of that person for violation of this |
20 | | Section. |
21 | | (f) Within 30 days after the effective date of this |
22 | | amendatory Act of the 98th General Assembly, the Department of |
23 | | State Police shall provide written notice of the requirements |
24 | | of this Section to persons whose Firearm Owner's Identification |
25 | | Cards have been revoked, suspended, or expired and who have |
26 | | failed to surrender their cards to the Department. |
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1 | | (g) Persons whose Firearm Owner's Identification Cards |
2 | | have been revoked and who receive notice under subsection (f) |
3 | | shall comply with the requirements of this Section within 48 |
4 | | hours of receiving notice.
|
5 | | (430 ILCS 65/10) (from Ch. 38, par. 83-10)
|
6 | | (Text of Section before amendment by P.A. 97-1167 )
|
7 | | Sec. 10. Appeal to director; hearing; relief from firearm |
8 | | prohibitions. |
9 | | (a) Whenever an application for a Firearm Owner's |
10 | | Identification
Card is denied, whenever the Department fails to |
11 | | act on an application
within 30 days of its receipt, or |
12 | | whenever such a Card is revoked or seized
as provided for in |
13 | | Section 8 of this Act, the aggrieved party may
appeal
to the |
14 | | Director of State Police for a hearing upon
such denial, |
15 | | revocation or seizure, unless the denial, revocation, or |
16 | | seizure
was based upon a forcible felony, stalking, aggravated |
17 | | stalking, domestic
battery, any violation of the Illinois |
18 | | Controlled Substances Act, the Methamphetamine Control and |
19 | | Community Protection Act, or the
Cannabis Control Act that is |
20 | | classified as a Class 2 or greater felony,
any
felony violation |
21 | | of Article 24 of the Criminal Code of 1961 or the Criminal Code |
22 | | of 2012, or any
adjudication as a delinquent minor for the |
23 | | commission of an
offense that if committed by an adult would be |
24 | | a felony, in which case the
aggrieved party may petition the |
25 | | circuit court in writing in the county of
his or her residence |
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1 | | for a hearing upon such denial, revocation, or seizure.
|
2 | | (b) At least 30 days before any hearing in the circuit |
3 | | court, the
petitioner shall serve the
relevant State's Attorney |
4 | | with a copy of the petition. The State's Attorney
may object to |
5 | | the petition and present evidence. At the hearing the court
|
6 | | shall
determine whether substantial justice has been done. |
7 | | Should the court
determine that substantial justice has not |
8 | | been done, the court shall issue an
order directing the |
9 | | Department of State Police to issue a Card. However, the court |
10 | | shall not issue the order if the petitioner is otherwise |
11 | | prohibited from obtaining, possessing, or using a firearm under
|
12 | | federal law.
|
13 | | (c) Any person prohibited from possessing a firearm under |
14 | | Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or |
15 | | acquiring a Firearm Owner's
Identification Card under Section 8 |
16 | | of this Act may apply to
the Director
of State Police
or |
17 | | petition the circuit court in the county where the petitioner |
18 | | resides,
whichever is applicable in accordance with subsection |
19 | | (a) of this Section,
requesting relief
from such prohibition |
20 | | and the Director or court may grant such relief if it
is
|
21 | | established by the applicant to the court's or Director's |
22 | | satisfaction
that:
|
23 | | (0.05) when in the circuit court, the State's Attorney |
24 | | has been served
with a written
copy of the
petition at |
25 | | least 30 days before any such hearing in the circuit court |
26 | | and at
the hearing the
State's Attorney was afforded an |
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1 | | opportunity to present evidence and object to
the petition;
|
2 | | (1) the applicant has not been convicted of a forcible |
3 | | felony under the
laws of this State or any other |
4 | | jurisdiction within 20 years of the
applicant's |
5 | | application for a Firearm Owner's Identification Card, or |
6 | | at
least 20 years have passed since the end of any period |
7 | | of imprisonment
imposed in relation to that conviction;
|
8 | | (2) the circumstances regarding a criminal conviction, |
9 | | where applicable,
the applicant's criminal history and his |
10 | | reputation are such that the applicant
will not be likely |
11 | | to act in a manner dangerous to public safety;
|
12 | | (3) granting relief would not be contrary to the public |
13 | | interest; and |
14 | | (4) granting relief would not be contrary to federal |
15 | | law.
|
16 | | (d) When a minor is adjudicated delinquent for an offense |
17 | | which if
committed by an adult would be a felony, the court |
18 | | shall notify the Department
of State Police.
|
19 | | (e) The court shall review the denial of an application or |
20 | | the revocation of
a Firearm Owner's Identification Card of a |
21 | | person who has been adjudicated
delinquent for an offense that |
22 | | if
committed by an adult would be a felony if an
application |
23 | | for relief has been filed at least 10 years after the |
24 | | adjudication
of delinquency and the court determines that the |
25 | | applicant should be
granted relief from disability to obtain a |
26 | | Firearm Owner's Identification Card.
If the court grants |
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1 | | relief, the court shall notify the Department of State
Police |
2 | | that the disability has
been removed and that the applicant is |
3 | | eligible to obtain a Firearm Owner's
Identification Card.
|
4 | | (f) Any person who is subject to the disabilities of 18 |
5 | | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act |
6 | | of 1968 because of an adjudication or commitment that occurred |
7 | | under the laws of this State or who was determined to be |
8 | | subject to the provisions of subsections (e), (f), or (g) of |
9 | | Section 8 of this Act may apply to the Department of State |
10 | | Police requesting relief from that prohibition. The Director |
11 | | shall grant the relief if it is established by a preponderance |
12 | | of the evidence that the person will not be likely to act in a |
13 | | manner dangerous to public safety and that granting relief |
14 | | would not be contrary to the public interest. In making this |
15 | | determination, the Director shall receive evidence concerning |
16 | | (i) the circumstances regarding the firearms disabilities from |
17 | | which relief is sought; (ii) the petitioner's mental health and |
18 | | criminal history records, if any; (iii) the petitioner's |
19 | | reputation, developed at a minimum through character witness |
20 | | statements, testimony, or other character evidence; and (iv) |
21 | | changes in the petitioner's condition or circumstances since |
22 | | the disqualifying events relevant to the relief sought. If |
23 | | relief is granted under this subsection or by order of a court |
24 | | under this Section, the Director shall as soon as practicable |
25 | | but in no case later than 15 business days, update, correct, |
26 | | modify, or remove the person's record in any database that the |
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1 | | Department of State Police makes available to the National |
2 | | Instant Criminal Background Check System and notify the United |
3 | | States Attorney General that the basis for the record being |
4 | | made available no longer applies. The Department of State |
5 | | Police shall adopt rules for the administration of this |
6 | | subsection (f). |
7 | | (Source: P.A. 96-1368, eff. 7-28-10; 97-1131, eff. 1-1-13; |
8 | | 97-1150, eff. 1-25-13.)
|
9 | | (Text of Section after amendment by P.A. 97-1167 )
|
10 | | Sec. 10. Appeal to director; hearing; relief from firearm |
11 | | prohibitions. |
12 | | (a) Whenever an application for a Firearm Owner's |
13 | | Identification
Card is denied, whenever the Department fails to |
14 | | act on an application
within 30 days of its receipt, or |
15 | | whenever such a Card is revoked or seized
as provided for in |
16 | | Section 8 of this Act, the aggrieved party may
appeal
to the |
17 | | Director of State Police for a hearing upon
such denial, |
18 | | revocation or seizure, unless the denial, revocation, or |
19 | | seizure
was based upon a forcible felony, stalking, aggravated |
20 | | stalking, domestic
battery, any violation of the Illinois |
21 | | Controlled Substances Act, the Methamphetamine Control and |
22 | | Community Protection Act, or the
Cannabis Control Act that is |
23 | | classified as a Class 2 or greater felony,
any
felony violation |
24 | | of Article 24 of the Criminal Code of 1961 or the Criminal Code |
25 | | of 2012, or any
adjudication as a delinquent minor for the |
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1 | | commission of an
offense that if committed by an adult would be |
2 | | a felony, in which case the
aggrieved party may petition the |
3 | | circuit court in writing in the county of
his or her residence |
4 | | for a hearing upon such denial, revocation, or seizure.
|
5 | | (b) At least 30 days before any hearing in the circuit |
6 | | court, the
petitioner shall serve the
relevant State's Attorney |
7 | | with a copy of the petition. The State's Attorney
may object to |
8 | | the petition and present evidence. At the hearing the court
|
9 | | shall
determine whether substantial justice has been done. |
10 | | Should the court
determine that substantial justice has not |
11 | | been done, the court shall issue an
order directing the |
12 | | Department of State Police to issue a Card. However, the court |
13 | | shall not issue the order if the petitioner is otherwise |
14 | | prohibited from obtaining, possessing, or using a firearm under
|
15 | | federal law.
|
16 | | (c) Any person prohibited from possessing a firearm under |
17 | | Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or |
18 | | acquiring a Firearm Owner's
Identification Card under Section 8 |
19 | | of this Act may apply to
the Director
of State Police
or |
20 | | petition the circuit court in the county where the petitioner |
21 | | resides,
whichever is applicable in accordance with subsection |
22 | | (a) of this Section,
requesting relief
from such prohibition |
23 | | and the Director or court may grant such relief if it
is
|
24 | | established by the applicant to the court's or Director's |
25 | | satisfaction
that:
|
26 | | (0.05) when in the circuit court, the State's Attorney |
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1 | | has been served
with a written
copy of the
petition at |
2 | | least 30 days before any such hearing in the circuit court |
3 | | and at
the hearing the
State's Attorney was afforded an |
4 | | opportunity to present evidence and object to
the petition;
|
5 | | (1) the applicant has not been convicted of a forcible |
6 | | felony under the
laws of this State or any other |
7 | | jurisdiction within 20 years of the
applicant's |
8 | | application for a Firearm Owner's Identification Card, or |
9 | | at
least 20 years have passed since the end of any period |
10 | | of imprisonment
imposed in relation to that conviction;
|
11 | | (2) the circumstances regarding a criminal conviction, |
12 | | where applicable,
the applicant's criminal history and his |
13 | | reputation are such that the applicant
will not be likely |
14 | | to act in a manner dangerous to public safety;
|
15 | | (3) granting relief would not be contrary to the public |
16 | | interest; and |
17 | | (4) granting relief would not be contrary to federal |
18 | | law.
|
19 | | (c-5) (1) An active law enforcement officer employed by |
20 | | a unit of government, who is denied, revoked, or has his or |
21 | | her Firearm Owner's Identification Card seized under |
22 | | subsection (e) of Section 8 of this Act may apply to the |
23 | | Director of State Police requesting relief if the officer |
24 | | did not act in a manner threatening to the officer, another |
25 | | person, or the public as determined by the treating |
26 | | clinical psychologist or physician, and as a result of his |
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1 | | or her work is referred by the employer for or voluntarily |
2 | | seeks mental health evaluation or treatment by a licensed |
3 | | clinical psychologist, psychiatrist, or qualified |
4 | | examiner, and: |
5 | | (A) the officer has not received treatment |
6 | | involuntarily at a mental health facility institution , |
7 | | regardless of the length of admission; or has not been |
8 | | voluntarily admitted to a mental health facility |
9 | | institution for more than 30 days and not for more than |
10 | | one incident within the past 5 years; and |
11 | | (B) the officer has not left the mental institution |
12 | | against medical advice. |
13 | | (2) The Director of State Police shall grant expedited |
14 | | relief to active law enforcement officers described in |
15 | | paragraph (1) of this subsection (c-5) upon a determination |
16 | | by the Director that the officer's possession of a firearm |
17 | | does not present a threat to themselves, others, or public |
18 | | safety. The Director shall act on the request for relief |
19 | | within 30 business days of receipt of: |
20 | | (A) a notarized statement from the officer in the |
21 | | form prescribed by the Director detailing the |
22 | | circumstances that led to the hospitalization; |
23 | | (B) all documentation regarding the admission, |
24 | | evaluation, treatment and discharge from the treating |
25 | | licensed clinical psychologist or psychiatrist of the |
26 | | officer; |
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1 | | (C) a psychological fitness for duty evaluation of |
2 | | the person completed after the time of discharge; and |
3 | | (D) written confirmation in the form prescribed by |
4 | | the Director from the treating licensed clinical |
5 | | psychologist or psychiatrist that the provisions set |
6 | | forth in paragraph (1) of this subsection (c-5) have |
7 | | been met, the person successfully completed treatment, |
8 | | and their professional opinion regarding the person's |
9 | | ability to possess firearms. |
10 | | (3) Officers eligible for the expedited relief in |
11 | | paragraph (2) of this subsection (c-5) have the burden of |
12 | | proof on eligibility and must provide all information |
13 | | required. The Director may not consider granting expedited |
14 | | relief until the proof and information is received. |
15 | | (4) "Clinical psychologist", "psychiatrist", and |
16 | | "qualified examiner" shall have the same meaning as |
17 | | provided in Chapter 1 of the Mental Health and |
18 | | Developmental Disabilities Code. |
19 | | (d) When a minor is adjudicated delinquent for an offense |
20 | | which if
committed by an adult would be a felony, the court |
21 | | shall notify the Department
of State Police.
|
22 | | (e) The court shall review the denial of an application or |
23 | | the revocation of
a Firearm Owner's Identification Card of a |
24 | | person who has been adjudicated
delinquent for an offense that |
25 | | if
committed by an adult would be a felony if an
application |
26 | | for relief has been filed at least 10 years after the |
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1 | | adjudication
of delinquency and the court determines that the |
2 | | applicant should be
granted relief from disability to obtain a |
3 | | Firearm Owner's Identification Card.
If the court grants |
4 | | relief, the court shall notify the Department of State
Police |
5 | | that the disability has
been removed and that the applicant is |
6 | | eligible to obtain a Firearm Owner's
Identification Card.
|
7 | | (f) Any person who is subject to the disabilities of 18 |
8 | | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act |
9 | | of 1968 because of an adjudication or commitment that occurred |
10 | | under the laws of this State or who was determined to be |
11 | | subject to the provisions of subsections (e), (f), or (g) of |
12 | | Section 8 of this Act may apply to the Department of State |
13 | | Police requesting relief from that prohibition. The Director |
14 | | shall grant the relief if it is established by a preponderance |
15 | | of the evidence that the person will not be likely to act in a |
16 | | manner dangerous to public safety and that granting relief |
17 | | would not be contrary to the public interest. In making this |
18 | | determination, the Director shall receive evidence concerning |
19 | | (i) the circumstances regarding the firearms disabilities from |
20 | | which relief is sought; (ii) the petitioner's mental health and |
21 | | criminal history records, if any; (iii) the petitioner's |
22 | | reputation, developed at a minimum through character witness |
23 | | statements, testimony, or other character evidence; and (iv) |
24 | | changes in the petitioner's condition or circumstances since |
25 | | the disqualifying events relevant to the relief sought. If |
26 | | relief is granted under this subsection or by order of a court |
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1 | | under this Section, the Director shall as soon as practicable |
2 | | but in no case later than 15 business days, update, correct, |
3 | | modify, or remove the person's record in any database that the |
4 | | Department of State Police makes available to the National |
5 | | Instant Criminal Background Check System and notify the United |
6 | | States Attorney General that the basis for the record being |
7 | | made available no longer applies. The Department of State |
8 | | Police shall adopt rules for the administration of this Section |
9 | | subsection (f) . |
10 | | (Source: P.A. 96-1368, eff. 7-28-10; 97-1131, eff. 1-1-13; |
11 | | 97-1150, eff. 1-25-13; 97-1167, eff. 6-1-13.)
|
12 | | (430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)
|
13 | | Sec. 13.2.
The Department of State Police shall, 60 days
|
14 | | prior to the expiration of a Firearm Owner's Identification |
15 | | Card,
forward by first class mail to each person whose card is |
16 | | to expire a
notification of the
expiration of the card and an |
17 | | application which may be used to
apply for renewal of the card.
|
18 | | It is the obligation of the holder of a Firearm Owner's |
19 | | Identification Card
to notify the Department of State Police of |
20 | | any address change since the
issuance of
the Firearm Owner's |
21 | | Identification Card. Whenever any person moves from the |
22 | | residence address named on his or her card, the person shall |
23 | | within 21 calendar days thereafter notify in a form and manner |
24 | | prescribed by the Department of his or her old and new |
25 | | residence addresses and the card number held by him or her. Any |
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1 | | person whose legal name has changed from the name on the card |
2 | | that he or she has been previously issued must apply for a |
3 | | corrected card within 30 calendar days after the change. The |
4 | | cost for a corrected card shall be $5 which shall be deposited |
5 | | into the State Police Firearm Services Fund Firearm Owner's |
6 | | Notification Fund .
|
7 | | (Source: P.A. 97-1131, eff. 1-1-13.)
|
8 | | Section 155. The Criminal Code of 2012 is amended by |
9 | | changing Sections 24-1.6 and 24-2 as follows:
|
10 | | (720 ILCS 5/24-1.6) |
11 | | Sec. 24-1.6. Aggravated unlawful use of a weapon. |
12 | | (a) A person commits the offense of aggravated unlawful use |
13 | | of a weapon when
he or she knowingly: |
14 | | (1) Carries on or about his or her person or in any |
15 | | vehicle or concealed
on or about his or her person except |
16 | | when on his or her land or in his or her
abode, legal |
17 | | dwelling, or fixed place of business, or on the land or in |
18 | | the legal dwelling of another person as an invitee with |
19 | | that person's permission, any pistol, revolver, stun gun or |
20 | | taser or
other firearm; or |
21 | | (2) Carries or possesses on or about his or her person, |
22 | | upon any public
street, alley, or other public lands within |
23 | | the corporate limits of a city,
village or incorporated |
24 | | town, except when an invitee thereon or therein, for
the |
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1 | | purpose of the display of such weapon or the lawful |
2 | | commerce in weapons, or
except when on his or her own land |
3 | | or in his or her own abode, legal dwelling, or fixed place |
4 | | of
business, or on the land or in the legal dwelling of |
5 | | another person as an invitee with that person's permission, |
6 | | any pistol, revolver, stun gun or taser or other firearm; |
7 | | and |
8 | | (3) One of the following factors is present: |
9 | | (A) the firearm , other than a pistol, revolver, or |
10 | | handgun, possessed was uncased, loaded , and |
11 | | immediately accessible
at the time of the offense; or |
12 | | (A-5) the pistol, revolver, or handgun possessed |
13 | | was uncased, loaded, and immediately accessible
at the |
14 | | time of the offense and the person possessing the |
15 | | pistol, revolver, or handgun has not been issued a |
16 | | currently valid license under the Firearm Concealed |
17 | | Carry Act; or |
18 | | (B) the firearm , other than a pistol, revolver, or |
19 | | handgun, possessed was uncased, unloaded , and the |
20 | | ammunition for
the weapon was immediately accessible |
21 | | at the time of the offense; or |
22 | | (B-5) the pistol, revolver, or handgun possessed |
23 | | was uncased, unloaded, and the ammunition for
the |
24 | | weapon was immediately accessible at the time of the |
25 | | offense and the person possessing the pistol, |
26 | | revolver, or handgun has not been issued a currently |
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1 | | valid license under the Firearm Concealed Carry Act; or |
2 | | (C) the person possessing the firearm has not been |
3 | | issued a currently
valid Firearm Owner's |
4 | | Identification Card; or |
5 | | (D) the person possessing the weapon was |
6 | | previously adjudicated
a delinquent minor under the |
7 | | Juvenile Court Act of 1987 for an act that if
committed |
8 | | by an adult would be a felony; or |
9 | | (E) the person possessing the weapon was engaged in |
10 | | a misdemeanor
violation of the Cannabis
Control Act, in |
11 | | a misdemeanor violation of the Illinois Controlled |
12 | | Substances
Act, or in a misdemeanor violation of the |
13 | | Methamphetamine Control and Community Protection Act; |
14 | | or |
15 | | (F) (blank); or |
16 | | (G) the person possessing the weapon had a order of |
17 | | protection issued
against him or her within the |
18 | | previous 2 years; or |
19 | | (H) the person possessing the weapon was engaged in |
20 | | the commission or
attempted commission of
a |
21 | | misdemeanor involving the use or threat of violence |
22 | | against
the person or property of another; or |
23 | | (I) the person possessing the weapon was under 21 |
24 | | years of age and in
possession of a handgun as defined |
25 | | in Section 24-3 , unless the person under 21
is engaged |
26 | | in lawful activities under the Wildlife Code or |
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1 | | described in
subsection 24-2(b)(1), (b)(3), or |
2 | | 24-2(f). |
3 | | (a-5) "Handgun" as used in this Section has the meaning |
4 | | given to it in Section 5 of the Firearm Concealed Carry Act. |
5 | | (b) "Stun gun or taser" as used in this Section has the |
6 | | same definition
given to it in Section 24-1 of this Code. |
7 | | (c) This Section does not apply to or affect the |
8 | | transportation or
possession
of weapons that: |
9 | | (i) are broken down in a non-functioning state; or |
10 | | (ii) are not immediately accessible; or |
11 | | (iii) are unloaded and enclosed in a case, firearm |
12 | | carrying box,
shipping box, or other container by a |
13 | | person who has been issued a currently
valid Firearm |
14 | | Owner's
Identification Card. |
15 | | (d) Sentence. |
16 | | (1) Aggravated unlawful use of a weapon is a Class 4 |
17 | | felony;
a second or subsequent offense is a Class 2 felony |
18 | | for which the person shall be sentenced to a term of |
19 | | imprisonment of not less than 3 years and not more than 7 |
20 | | years. |
21 | | (2) Except as otherwise provided in paragraphs (3) and |
22 | | (4) of this subsection (d), a first offense of aggravated |
23 | | unlawful use of a weapon committed with a firearm by a |
24 | | person 18 years of age or older where the factors listed in |
25 | | both items (A) and (C) or both items (A-5) and (C) of |
26 | | paragraph (3) of subsection (a) are present is a Class 4 |
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1 | | felony, for which the person shall be sentenced to a term |
2 | | of imprisonment of not less than one year and not more than |
3 | | 3 years. |
4 | | (3) Aggravated unlawful use of
a weapon by a person who |
5 | | has been previously
convicted of a felony in this State or |
6 | | another jurisdiction is a Class 2
felony for which the |
7 | | person shall be sentenced to a term of imprisonment of not |
8 | | less than 3 years and not more than 7 years. |
9 | | (4) Aggravated unlawful use of a weapon while wearing |
10 | | or in possession of body armor as defined in Section 33F-1 |
11 | | by a person who has not been issued a valid Firearms |
12 | | Owner's Identification Card in accordance with Section 5 of |
13 | | the Firearm Owners Identification Card Act is a Class X |
14 | | felony.
|
15 | | (e) The possession of each firearm in violation of this |
16 | | Section constitutes a single and separate violation. |
17 | | (Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09; |
18 | | 96-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)
|
19 | | (720 ILCS 5/24-2)
|
20 | | Sec. 24-2. Exemptions.
|
21 | | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and |
22 | | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of |
23 | | the following:
|
24 | | (1) Peace officers, and any person summoned by a peace |
25 | | officer to
assist in making arrests or preserving the |
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1 | | peace, while actually engaged in
assisting such officer.
|
2 | | (2) Wardens, superintendents and keepers of prisons,
|
3 | | penitentiaries, jails and other institutions for the |
4 | | detention of persons
accused or convicted of an offense, |
5 | | while in the performance of their
official duty, or while |
6 | | commuting between their homes and places of employment.
|
7 | | (3) Members of the Armed Services or Reserve Forces of |
8 | | the United States
or the Illinois National Guard or the |
9 | | Reserve Officers Training Corps,
while in the performance |
10 | | of their official duty.
|
11 | | (4) Special agents employed by a railroad or a public |
12 | | utility to
perform police functions, and guards of armored |
13 | | car companies, while
actually engaged in the performance of |
14 | | the duties of their employment or
commuting between their |
15 | | homes and places of employment; and watchmen
while actually |
16 | | engaged in the performance of the duties of their |
17 | | employment.
|
18 | | (5) Persons licensed as private security contractors, |
19 | | private
detectives, or private alarm contractors, or |
20 | | employed by an agency
certified by the Department of |
21 | | Financial and Professional Regulation, if their duties
|
22 | | include the carrying of a weapon under the provisions of |
23 | | the Private
Detective, Private Alarm,
Private Security, |
24 | | Fingerprint Vendor, and Locksmith Act of 2004,
while |
25 | | actually
engaged in the performance of the duties of their |
26 | | employment or commuting
between their homes and places of |
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1 | | employment, provided that such commuting
is accomplished |
2 | | within one hour from departure from home or place of
|
3 | | employment, as the case may be. A person shall be |
4 | | considered eligible for this
exemption if he or she has |
5 | | completed the required 20
hours of training for a private |
6 | | security contractor, private
detective, or private alarm |
7 | | contractor, or employee of a licensed agency and 20 hours |
8 | | of required firearm
training, and has been issued a firearm |
9 | | control card by
the Department of Financial and |
10 | | Professional Regulation. Conditions for the renewal of
|
11 | | firearm control cards issued under the provisions of this |
12 | | Section
shall be the same as for those cards issued under |
13 | | the provisions of the
Private Detective, Private Alarm,
|
14 | | Private Security, Fingerprint Vendor, and Locksmith Act of |
15 | | 2004. The
firearm control card shall be carried by the |
16 | | private security contractor, private
detective, or private |
17 | | alarm contractor, or employee of the licensed agency at all
|
18 | | times when he or she is in possession of a concealable |
19 | | weapon.
|
20 | | (6) Any person regularly employed in a commercial or |
21 | | industrial
operation as a security guard for the protection |
22 | | of persons employed
and private property related to such |
23 | | commercial or industrial
operation, while actually engaged |
24 | | in the performance of his or her
duty or traveling between |
25 | | sites or properties belonging to the
employer, and who, as |
26 | | a security guard, is a member of a security force of
at |
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1 | | least 5 persons registered with the Department of Financial |
2 | | and Professional
Regulation; provided that such security |
3 | | guard has successfully completed a
course of study, |
4 | | approved by and supervised by the Department of
Financial |
5 | | and Professional Regulation, consisting of not less than 40 |
6 | | hours of training
that includes the theory of law |
7 | | enforcement, liability for acts, and the
handling of |
8 | | weapons. A person shall be considered eligible for this
|
9 | | exemption if he or she has completed the required 20
hours |
10 | | of training for a security officer and 20 hours of required |
11 | | firearm
training, and has been issued a firearm control |
12 | | card by
the Department of Financial and Professional |
13 | | Regulation. Conditions for the renewal of
firearm control |
14 | | cards issued under the provisions of this Section
shall be |
15 | | the same as for those cards issued under the provisions of |
16 | | the
Private Detective, Private Alarm,
Private Security, |
17 | | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm |
18 | | control card shall be carried by the security guard at all
|
19 | | times when he or she is in possession of a concealable |
20 | | weapon.
|
21 | | (7) Agents and investigators of the Illinois |
22 | | Legislative Investigating
Commission authorized by the |
23 | | Commission to carry the weapons specified in
subsections |
24 | | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
|
25 | | any investigation for the Commission.
|
26 | | (8) Persons employed by a financial institution for the |
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1 | | protection of
other employees and property related to such |
2 | | financial institution, while
actually engaged in the |
3 | | performance of their duties, commuting between
their homes |
4 | | and places of employment, or traveling between sites or
|
5 | | properties owned or operated by such financial |
6 | | institution, provided that
any person so employed has |
7 | | successfully completed a course of study,
approved by and |
8 | | supervised by the Department of Financial and Professional |
9 | | Regulation,
consisting of not less than 40 hours of |
10 | | training which includes theory of
law enforcement, |
11 | | liability for acts, and the handling of weapons.
A person |
12 | | shall be considered to be eligible for this exemption if he |
13 | | or
she has completed the required 20 hours of training for |
14 | | a security officer
and 20 hours of required firearm |
15 | | training, and has been issued a
firearm control card by the |
16 | | Department of Financial and Professional Regulation.
|
17 | | Conditions for renewal of firearm control cards issued |
18 | | under the
provisions of this Section shall be the same as |
19 | | for those issued under the
provisions of the Private |
20 | | Detective, Private Alarm,
Private Security, Fingerprint |
21 | | Vendor, and Locksmith Act of 2004.
Such firearm control |
22 | | card shall be carried by the person so
trained at all times |
23 | | when such person is in possession of a concealable
weapon. |
24 | | For purposes of this subsection, "financial institution" |
25 | | means a
bank, savings and loan association, credit union or |
26 | | company providing
armored car services.
|
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1 | | (9) Any person employed by an armored car company to |
2 | | drive an armored
car, while actually engaged in the |
3 | | performance of his duties.
|
4 | | (10) Persons who have been classified as peace officers |
5 | | pursuant
to the Peace Officer Fire Investigation Act.
|
6 | | (11) Investigators of the Office of the State's |
7 | | Attorneys Appellate
Prosecutor authorized by the board of |
8 | | governors of the Office of the
State's Attorneys Appellate |
9 | | Prosecutor to carry weapons pursuant to
Section 7.06 of the |
10 | | State's Attorneys Appellate Prosecutor's Act.
|
11 | | (12) Special investigators appointed by a State's |
12 | | Attorney under
Section 3-9005 of the Counties Code.
|
13 | | (12.5) Probation officers while in the performance of |
14 | | their duties, or
while commuting between their homes, |
15 | | places of employment or specific locations
that are part of |
16 | | their assigned duties, with the consent of the chief judge |
17 | | of
the circuit for which they are employed.
|
18 | | (13) Court Security Officers while in the performance |
19 | | of their official
duties, or while commuting between their |
20 | | homes and places of employment, with
the
consent of the |
21 | | Sheriff.
|
22 | | (13.5) A person employed as an armed security guard at |
23 | | a nuclear energy,
storage, weapons or development site or |
24 | | facility regulated by the Nuclear
Regulatory Commission |
25 | | who has completed the background screening and training
|
26 | | mandated by the rules and regulations of the Nuclear |
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1 | | Regulatory Commission.
|
2 | | (14) Manufacture, transportation, or sale of weapons |
3 | | to
persons
authorized under subdivisions (1) through |
4 | | (13.5) of this
subsection
to
possess those weapons.
|
5 | | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply |
6 | | to
or affect any person carrying a concealed pistol, revolver, |
7 | | or handgun and the person has been issued a currently valid |
8 | | license under the Firearm Concealed Carry Act at the time of |
9 | | the commission of the offense. |
10 | | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section |
11 | | 24-1.6 do not
apply to or affect
any of the following:
|
12 | | (1) Members of any club or organization organized for |
13 | | the purpose of
practicing shooting at targets upon |
14 | | established target ranges, whether
public or private, and |
15 | | patrons of such ranges, while such members
or patrons are |
16 | | using their firearms on those target ranges.
|
17 | | (2) Duly authorized military or civil organizations |
18 | | while parading,
with the special permission of the |
19 | | Governor.
|
20 | | (3) Hunters, trappers or fishermen with a license or
|
21 | | permit while engaged in hunting,
trapping or fishing.
|
22 | | (4) Transportation of weapons that are broken down in a
|
23 | | non-functioning state or are not immediately accessible.
|
24 | | (5) Carrying or possessing any pistol, revolver, stun |
25 | | gun or taser or other firearm on the land or in the legal |
26 | | dwelling of another person as an invitee with that person's |
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1 | | permission. |
2 | | (c) Subsection 24-1(a)(7) does not apply to or affect any |
3 | | of the
following:
|
4 | | (1) Peace officers while in performance of their |
5 | | official duties.
|
6 | | (2) Wardens, superintendents and keepers of prisons, |
7 | | penitentiaries,
jails and other institutions for the |
8 | | detention of persons accused or
convicted of an offense.
|
9 | | (3) Members of the Armed Services or Reserve Forces of |
10 | | the United States
or the Illinois National Guard, while in |
11 | | the performance of their official
duty.
|
12 | | (4) Manufacture, transportation, or sale of machine |
13 | | guns to persons
authorized under subdivisions (1) through |
14 | | (3) of this subsection to
possess machine guns, if the |
15 | | machine guns are broken down in a
non-functioning state or |
16 | | are not immediately accessible.
|
17 | | (5) Persons licensed under federal law to manufacture |
18 | | any weapon from
which 8 or more shots or bullets can be |
19 | | discharged by a
single function of the firing device, or |
20 | | ammunition for such weapons, and
actually engaged in the |
21 | | business of manufacturing such weapons or
ammunition, but |
22 | | only with respect to activities which are within the lawful
|
23 | | scope of such business, such as the manufacture, |
24 | | transportation, or testing
of such weapons or ammunition. |
25 | | This exemption does not authorize the
general private |
26 | | possession of any weapon from which 8 or more
shots or |
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1 | | bullets can be discharged by a single function of the |
2 | | firing
device, but only such possession and activities as |
3 | | are within the lawful
scope of a licensed manufacturing |
4 | | business described in this paragraph.
|
5 | | During transportation, such weapons shall be broken |
6 | | down in a
non-functioning state or not immediately |
7 | | accessible.
|
8 | | (6) The manufacture, transport, testing, delivery, |
9 | | transfer or sale,
and all lawful commercial or experimental |
10 | | activities necessary thereto, of
rifles, shotguns, and |
11 | | weapons made from rifles or shotguns,
or ammunition for |
12 | | such rifles, shotguns or weapons, where engaged in
by a |
13 | | person operating as a contractor or subcontractor pursuant |
14 | | to a
contract or subcontract for the development and supply |
15 | | of such rifles,
shotguns, weapons or ammunition to the |
16 | | United States government or any
branch of the Armed Forces |
17 | | of the United States, when such activities are
necessary |
18 | | and incident to fulfilling the terms of such contract.
|
19 | | The exemption granted under this subdivision (c)(6)
|
20 | | shall also apply to any authorized agent of any such |
21 | | contractor or
subcontractor who is operating within the |
22 | | scope of his employment, where
such activities involving |
23 | | such weapon, weapons or ammunition are necessary
and |
24 | | incident to fulfilling the terms of such contract.
|
25 | | During transportation, any such weapon shall be broken |
26 | | down in a
non-functioning state, or not immediately |
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1 | | accessible.
|
2 | | (7) A person possessing a rifle with a barrel or |
3 | | barrels less than 16 inches in length if: (A) the person |
4 | | has been issued a Curios and Relics license from the U.S. |
5 | | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) |
6 | | the person is an active member of a bona fide, nationally |
7 | | recognized military re-enacting group and the modification |
8 | | is required and necessary to accurately portray the weapon |
9 | | for historical re-enactment purposes; the re-enactor is in |
10 | | possession of a valid and current re-enacting group |
11 | | membership credential; and the overall length of the weapon |
12 | | as modified is not less than 26 inches. |
13 | | During transportation, any such weapon shall be broken |
14 | | down in a
non-functioning state, or not immediately |
15 | | accessible.
|
16 | | (d) Subsection 24-1(a)(1) does not apply to the purchase, |
17 | | possession
or carrying of a black-jack or slung-shot by a peace |
18 | | officer.
|
19 | | (e) Subsection 24-1(a)(8) does not apply to any owner, |
20 | | manager or
authorized employee of any place specified in that |
21 | | subsection nor to any
law enforcement officer.
|
22 | | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and |
23 | | Section 24-1.6
do not apply
to members of any club or |
24 | | organization organized for the purpose of practicing
shooting |
25 | | at targets upon established target ranges, whether public or |
26 | | private,
while using their firearms on those target ranges.
|
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1 | | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply |
2 | | to:
|
3 | | (1) 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 | | (2) Bonafide collectors of antique or surplus military |
7 | | ordinance.
|
8 | | (3) Laboratories having a department of forensic |
9 | | ballistics, or
specializing in the development of |
10 | | ammunition or explosive ordinance.
|
11 | | (4) Commerce, preparation, assembly or possession of |
12 | | explosive
bullets by manufacturers of ammunition licensed |
13 | | by the federal government,
in connection with the supply of |
14 | | those organizations and persons exempted
by subdivision |
15 | | (g)(1) of this Section, or like organizations and persons
|
16 | | outside this State, or the transportation of explosive |
17 | | bullets to any
organization or person exempted in this |
18 | | Section by a common carrier or by a
vehicle owned or leased |
19 | | by an exempted manufacturer.
|
20 | | (g-5) Subsection 24-1(a)(6) does not apply to or affect |
21 | | persons licensed
under federal law to manufacture any device or |
22 | | attachment of any kind designed,
used, or intended for use in |
23 | | silencing the report of any firearm, firearms, or
ammunition
|
24 | | for those firearms equipped with those devices, and actually |
25 | | engaged in the
business of manufacturing those devices, |
26 | | firearms, or ammunition, but only with
respect to
activities |
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1 | | that are within the lawful scope of that business, such as the
|
2 | | manufacture, transportation, or testing of those devices, |
3 | | firearms, or
ammunition. This
exemption does not authorize the |
4 | | general private possession of any device or
attachment of any |
5 | | kind designed, used, or intended for use in silencing the
|
6 | | report of any firearm, but only such possession and activities |
7 | | as are within
the
lawful scope of a licensed manufacturing |
8 | | business described in this subsection
(g-5). During |
9 | | transportation, these devices shall be detached from any weapon
|
10 | | or
not immediately accessible.
|
11 | | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
|
12 | | 24-1.6 do not apply to
or affect any parole agent or parole |
13 | | supervisor who meets the qualifications and conditions |
14 | | prescribed in Section 3-14-1.5 of the Unified Code of |
15 | | Corrections. |
16 | | (g-7) Subsection 24-1(a)(6) does not apply to a peace |
17 | | officer while serving as a member of a tactical response team |
18 | | or special operations team. A peace officer may not personally |
19 | | own or apply for ownership of a device or attachment of any |
20 | | kind designed, used, or intended for use in silencing the |
21 | | report of any firearm. These devices shall be owned and |
22 | | maintained by lawfully recognized units of government whose |
23 | | duties include the investigation of criminal acts. |
24 | | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and |
25 | | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an |
26 | | athlete's possession, transport on official Olympic and |
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1 | | Paralympic transit systems established for athletes, or use of |
2 | | competition firearms sanctioned by the International Olympic |
3 | | Committee, the International Paralympic Committee, the |
4 | | International Shooting Sport Federation, or USA Shooting in |
5 | | connection with such athlete's training for and participation |
6 | | in shooting competitions at the 2016 Olympic and Paralympic |
7 | | Games and sanctioned test events leading up to the 2016 Olympic |
8 | | and Paralympic Games. |
9 | | (h) An information or indictment based upon a violation of |
10 | | any
subsection of this Article need not negative any exemptions |
11 | | contained in
this Article. The defendant shall have the burden |
12 | | of proving such an
exemption.
|
13 | | (i) Nothing in this Article shall prohibit, apply to, or |
14 | | affect
the transportation, carrying, or possession, of any |
15 | | pistol or revolver,
stun gun, taser, or other firearm consigned |
16 | | to a common carrier operating
under license of the State of |
17 | | Illinois or the federal government, where
such transportation, |
18 | | carrying, or possession is incident to the lawful
|
19 | | transportation in which such common carrier is engaged; and |
20 | | nothing in this
Article shall prohibit, apply to, or affect the |
21 | | transportation, carrying,
or possession of any pistol, |
22 | | revolver, stun gun, taser, or other firearm,
not the subject of |
23 | | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of |
24 | | this Article, which is unloaded and enclosed in a case, firearm
|
25 | | carrying box, shipping box, or other container, by the |
26 | | possessor of a valid
Firearm Owners Identification Card.
|
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1 | | (Source: P.A. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742, |
2 | | eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11; |
3 | | 97-676, eff. 6-1-12; 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13; |
4 | | revised 8-23-12.)
|
5 | | Section 160. The Code of Criminal Procedure of 1963 is |
6 | | amended by changing Section 112A-14 as follows:
|
7 | | (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
|
8 | | Sec. 112A-14. Order of protection; remedies.
|
9 | | (a) Issuance of order. If the court finds that petitioner |
10 | | has been
abused by a family or household member, as defined in |
11 | | this Article, an
order of protection prohibiting such abuse |
12 | | shall issue; provided that
petitioner must also satisfy the |
13 | | requirements of one of the following
Sections, as appropriate: |
14 | | Section 112A-17 on emergency orders, Section
112A-18 on interim |
15 | | orders, or Section 112A-19 on
plenary orders.
Petitioner shall |
16 | | not be denied an order of protection because petitioner or
|
17 | | respondent is a minor. The court, when determining whether or |
18 | | not to issue
an order of protection, shall not require physical |
19 | | manifestations of abuse
on the person of the victim. |
20 | | Modification and extension of prior orders of
protection shall |
21 | | be in accordance with this Article.
|
22 | | (b) Remedies and standards. The remedies to be included in |
23 | | an order of
protection shall be determined in accordance with |
24 | | this Section and one of
the following Sections, as appropriate: |
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1 | | Section 112A-17 on
emergency orders,
Section 112A-18 on interim |
2 | | orders, and Section 112A-19 on
plenary orders.
The remedies |
3 | | listed in this subsection shall be in addition to other civil
|
4 | | or criminal remedies available to petitioner.
|
5 | | (1) Prohibition of abuse. Prohibit respondent's |
6 | | harassment,
interference with personal liberty, |
7 | | intimidation of a dependent, physical
abuse or willful |
8 | | deprivation, as defined in this Article, if such abuse has
|
9 | | occurred or otherwise appears likely to occur if not |
10 | | prohibited.
|
11 | | (2) Grant of exclusive possession of residence. |
12 | | Prohibit respondent
from entering or remaining in any |
13 | | residence, household, or premises of the petitioner,
|
14 | | including one owned or leased by respondent, if petitioner |
15 | | has a right
to occupancy thereof. The grant of exclusive |
16 | | possession of the residence, household, or premises
shall |
17 | | not affect title to real property, nor shall the court be |
18 | | limited by
the standard set forth in Section 701 of the |
19 | | Illinois Marriage and
Dissolution of Marriage Act.
|
20 | | (A) Right to occupancy. A party has a right to |
21 | | occupancy of a
residence or household if it is
solely |
22 | | or jointly owned or leased by that party, that party's |
23 | | spouse, a
person with a legal duty to support that |
24 | | party or a minor child in that
party's care, or by any |
25 | | person or entity other than the opposing party that
|
26 | | authorizes that party's occupancy (e.g., a domestic |
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1 | | violence shelter).
Standards set forth in subparagraph |
2 | | (B) shall not preclude equitable relief.
|
3 | | (B) Presumption of hardships. If petitioner and |
4 | | respondent
each has the right to occupancy of a |
5 | | residence or household, the court
shall balance (i) the |
6 | | hardships to respondent and any minor child or
|
7 | | dependent adult in respondent's care resulting from |
8 | | entry of this remedy with (ii)
the hardships to |
9 | | petitioner and any minor child or dependent adult in
|
10 | | petitioner's care resulting from continued exposure to |
11 | | the risk of abuse (should
petitioner remain at the |
12 | | residence or household) or from loss of possession
of |
13 | | the residence or household (should petitioner leave to |
14 | | avoid the risk
of abuse). When determining the balance |
15 | | of hardships, the court shall also
take into account |
16 | | the accessibility of the residence or household.
|
17 | | Hardships need not be balanced if respondent does not |
18 | | have a right to occupancy.
|
19 | | The balance of hardships is presumed to favor |
20 | | possession by
petitioner unless the presumption is |
21 | | rebutted by a preponderance of the
evidence, showing |
22 | | that the hardships to respondent substantially |
23 | | outweigh
the hardships to petitioner and any minor |
24 | | child or dependent adult in petitioner's
care. The |
25 | | court, on the request of petitioner or on its own |
26 | | motion,
may order respondent to provide suitable, |
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1 | | accessible, alternate housing
for petitioner instead |
2 | | of
excluding respondent from a mutual residence or |
3 | | household.
|
4 | | (3) Stay away order and additional prohibitions.
Order |
5 | | respondent to stay away from petitioner or any other person
|
6 | | protected by the order of protection, or prohibit |
7 | | respondent from entering
or remaining present at |
8 | | petitioner's school, place of employment, or other
|
9 | | specified places at times when petitioner is present, or |
10 | | both, if
reasonable, given
the balance of hardships. |
11 | | Hardships need not be balanced for the court
to enter a |
12 | | stay away order or prohibit entry
if respondent has no |
13 | | right to enter the premises.
|
14 | | If an order of protection grants petitioner exclusive |
15 | | possession
of the residence, or prohibits respondent from |
16 | | entering the residence,
or orders respondent to stay away |
17 | | from petitioner or other
protected persons, then the court |
18 | | may allow respondent access to the
residence to remove |
19 | | items of clothing and personal adornment
used exclusively |
20 | | by respondent, medications, and other items as the court |
21 | | directs.
The right to access shall be exercised on only one |
22 | | occasion as the court directs
and in the presence of an |
23 | | agreed-upon adult third party or law enforcement officer.
|
24 | | (4) Counseling. Require or recommend the respondent to |
25 | | undergo
counseling for a specified duration with a social |
26 | | worker, psychologist,
clinical psychologist, psychiatrist, |
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1 | | family service agency, alcohol or
substance abuse program, |
2 | | mental health center guidance counselor, agency
providing |
3 | | services to elders, program designed for domestic violence
|
4 | | abusers or any other guidance service the court deems |
5 | | appropriate. The court may order the respondent in any |
6 | | intimate partner relationship to report to an Illinois |
7 | | Department of Human Services protocol approved partner |
8 | | abuse intervention program for an assessment and to follow |
9 | | all recommended treatment.
|
10 | | (5) Physical care and possession of the minor child. In |
11 | | order to protect
the minor child from abuse, neglect, or |
12 | | unwarranted separation from the person
who has been the |
13 | | minor child's primary caretaker, or to otherwise protect |
14 | | the
well-being of the minor child, the court may do either |
15 | | or both of the following:
(i) grant petitioner physical |
16 | | care or possession of the minor child, or both, or
(ii) |
17 | | order respondent to return a minor child to, or not remove |
18 | | a minor child
from, the physical care of a parent or person |
19 | | in loco parentis.
|
20 | | If a court finds, after a hearing, that respondent has |
21 | | committed abuse
(as defined in Section 112A-3) of a minor |
22 | | child, there shall be a
rebuttable presumption that |
23 | | awarding physical care to respondent would not
be in the |
24 | | minor child's best interest.
|
25 | | (6) Temporary legal custody.
Award temporary legal |
26 | | custody to petitioner in accordance with this Section,
the |
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1 | | Illinois Marriage
and Dissolution of Marriage Act, the |
2 | | Illinois Parentage Act of 1984,
and this State's Uniform |
3 | | Child-Custody
Jurisdiction and Enforcement Act.
|
4 | | If a court finds, after a hearing, that respondent
has |
5 | | committed abuse (as defined in Section 112A-3) of a
minor |
6 | | child, there shall be a rebuttable presumption that |
7 | | awarding
temporary legal custody to respondent would not be |
8 | | in the
child's best interest.
|
9 | | (7) Visitation. Determine the
visitation rights, if |
10 | | any, of respondent in any case in which the court
awards |
11 | | physical care or temporary legal custody of a minor child |
12 | | to
petitioner. The court shall restrict or deny |
13 | | respondent's visitation with
a minor child if
the court |
14 | | finds that respondent has done or is likely to do any of |
15 | | the
following: (i) abuse or endanger the minor child during |
16 | | visitation; (ii) use the
visitation as an opportunity to |
17 | | abuse or harass petitioner or
petitioner's family or |
18 | | household members; (iii) improperly conceal or
detain the |
19 | | minor child; or (iv) otherwise act in a manner that is not |
20 | | in
the best interests of the minor child. The court shall |
21 | | not be limited by the
standards set forth in Section 607.1 |
22 | | of the Illinois Marriage and
Dissolution of Marriage Act. |
23 | | If the court grants visitation, the order
shall specify |
24 | | dates and times for the visitation to take place or other
|
25 | | specific parameters or conditions that are appropriate. No |
26 | | order for
visitation shall refer merely to the term |
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1 | | "reasonable visitation".
|
2 | | Petitioner may deny respondent access to the minor |
3 | | child if, when
respondent arrives for visitation, |
4 | | respondent is under the influence of drugs
or alcohol and |
5 | | constitutes a threat to the safety and well-being of
|
6 | | petitioner or petitioner's minor children or is behaving in |
7 | | a violent or abusive manner.
|
8 | | If necessary to protect any member of petitioner's |
9 | | family or
household from future abuse, respondent shall be |
10 | | prohibited from coming to
petitioner's residence to meet |
11 | | the minor child for visitation, and the
parties shall |
12 | | submit to the court their recommendations for reasonable
|
13 | | alternative arrangements for visitation. A person may be |
14 | | approved to
supervise visitation only after filing an |
15 | | affidavit accepting
that responsibility and acknowledging |
16 | | accountability to the court.
|
17 | | (8) Removal or concealment of minor child.
Prohibit |
18 | | respondent from
removing a minor child from the State or |
19 | | concealing the child within the
State.
|
20 | | (9) Order to appear. Order the respondent to
appear in |
21 | | court, alone
or with a minor child, to prevent abuse, |
22 | | neglect, removal or concealment of
the child, to return the |
23 | | child to the custody or care of the petitioner or
to permit |
24 | | any court-ordered interview or examination of the child or |
25 | | the
respondent.
|
26 | | (10) Possession of personal property. Grant petitioner |
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1 | | exclusive
possession of personal property and, if |
2 | | respondent has possession or
control, direct respondent to |
3 | | promptly make it available to petitioner, if:
|
4 | | (i) petitioner, but not respondent, owns the |
5 | | property; or
|
6 | | (ii) the parties own the property jointly; sharing |
7 | | it would risk
abuse of petitioner by respondent or is |
8 | | impracticable; and the balance of
hardships favors |
9 | | temporary possession by petitioner.
|
10 | | If petitioner's sole claim to ownership of the property |
11 | | is that it is
marital property, the court may award |
12 | | petitioner temporary possession
thereof under the |
13 | | standards of subparagraph (ii) of this paragraph only if
a |
14 | | proper proceeding has been filed under the Illinois |
15 | | Marriage and
Dissolution of Marriage Act, as now or |
16 | | hereafter amended.
|
17 | | No order under this provision shall affect title to |
18 | | property.
|
19 | | (11) Protection of property. Forbid the respondent |
20 | | from taking,
transferring, encumbering, concealing, |
21 | | damaging or otherwise disposing of
any real or personal |
22 | | property, except as explicitly authorized by the
court, if:
|
23 | | (i) petitioner, but not respondent, owns the |
24 | | property; or
|
25 | | (ii) the parties own the property jointly,
and the |
26 | | balance of hardships favors granting this remedy.
|
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1 | | If petitioner's sole claim to ownership of the property |
2 | | is that it is
marital property, the court may grant |
3 | | petitioner relief under subparagraph
(ii) of this |
4 | | paragraph only if a proper proceeding has been filed under |
5 | | the
Illinois Marriage and Dissolution of Marriage Act, as |
6 | | now or hereafter amended.
|
7 | | The court may further prohibit respondent from |
8 | | improperly using the
financial or other resources of an |
9 | | aged member of the family or household
for the profit or |
10 | | advantage of respondent or of any other person.
|
11 | | (11.5) Protection of animals. Grant the petitioner the |
12 | | exclusive care, custody, or control of any animal owned, |
13 | | possessed, leased, kept, or held by either the petitioner |
14 | | or the respondent or a minor child residing in the |
15 | | residence or household of either the petitioner or the |
16 | | respondent and order the respondent to stay away from the |
17 | | animal and forbid the respondent from taking, |
18 | | transferring, encumbering, concealing, harming, or |
19 | | otherwise disposing of the animal.
|
20 | | (12) Order for payment of support. Order
respondent to |
21 | | pay temporary
support for the petitioner or any child in |
22 | | the petitioner's care or
custody, when the respondent has a |
23 | | legal obligation to support that person,
in accordance with |
24 | | the Illinois Marriage and Dissolution
of Marriage Act, |
25 | | which shall govern, among other matters, the amount of
|
26 | | support, payment through the clerk and withholding of |
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1 | | income to secure
payment. An order for child support may be |
2 | | granted to a petitioner with
lawful physical care or |
3 | | custody of a child, or an order or agreement for
physical |
4 | | care or custody, prior to entry of an order for legal |
5 | | custody.
Such a support order shall expire upon entry of a |
6 | | valid order granting
legal custody to another, unless |
7 | | otherwise provided in the custody order.
|
8 | | (13) Order for payment of losses. Order
respondent to |
9 | | pay petitioner
for losses suffered as a direct result of |
10 | | the abuse. Such losses shall
include, but not be limited |
11 | | to, medical expenses, lost earnings or other
support, |
12 | | repair or replacement of property damaged or taken, |
13 | | reasonable
attorney's fees, court costs and moving or other |
14 | | travel expenses, including
additional reasonable expenses |
15 | | for temporary shelter and restaurant meals.
|
16 | | (i) Losses affecting family needs. If a party is |
17 | | entitled to seek
maintenance, child support or |
18 | | property distribution from the other party
under the |
19 | | Illinois Marriage and Dissolution of Marriage Act, as |
20 | | now or
hereafter amended, the court may order |
21 | | respondent to reimburse petitioner's
actual losses, to |
22 | | the extent that such reimbursement would be |
23 | | "appropriate
temporary relief", as authorized by |
24 | | subsection (a)(3) of
Section 501 of that Act.
|
25 | | (ii) Recovery of expenses. In the case of an |
26 | | improper concealment
or removal of a minor child, the |
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1 | | court may order respondent to pay the reasonable
|
2 | | expenses incurred or to be incurred in the search for |
3 | | and recovery of the
minor child, including but not |
4 | | limited to legal fees, court costs, private
|
5 | | investigator fees, and travel costs.
|
6 | | (14) Prohibition of entry. Prohibit the respondent |
7 | | from entering or
remaining in the residence or household |
8 | | while the respondent is under the
influence of alcohol or |
9 | | drugs and constitutes a threat to the safety and
well-being |
10 | | of the petitioner or the petitioner's children.
|
11 | | (14.5) Prohibition of firearm possession. |
12 | | (A) A person who is subject to an existing order of |
13 | | protection, interim order of protection, emergency |
14 | | order of protection, or plenary order of protection, |
15 | | issued under this Code may not lawfully possess weapons |
16 | | under Section 8.2 of the Firearm Owners Identification |
17 | | Card Act. (a) Prohibit a respondent against whom an |
18 | | order of protection was issued from possessing any |
19 | | firearms during the duration of the order if the order: |
20 | | (1) was issued after a hearing of which such |
21 | | person received
actual notice, and at which such |
22 | | person had an opportunity to
participate; |
23 | | (2) restrains such person from harassing, |
24 | | stalking, or
threatening an intimate partner of |
25 | | such person or child of such
intimate partner or |
26 | | person, or engaging in other conduct that
would |
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1 | | place an intimate partner in reasonable fear of |
2 | | bodily
injury to the partner or child; and |
3 | | (3)(i) includes a finding that such person |
4 | | represents a
credible threat to the physical |
5 | | safety of such intimate partner
or child; or
(ii) |
6 | | by its terms explicitly prohibits the use, |
7 | | attempted
use, or threatened use of physical force |
8 | | against such intimate
partner or child that would |
9 | | reasonably be expected to cause
bodily injury. |
10 | | (B) Any firearms in the
possession of the respondent, |
11 | | except as provided in subparagraph (C) of this |
12 | | paragraph (14.5) subsection (b) , shall be ordered by |
13 | | the court to be turned
over to a person with a valid |
14 | | Firearm Owner's Identification Card the local law |
15 | | enforcement agency for safekeeping. The court shall |
16 | | issue an order that the respondent's Firearm Owner's |
17 | | Identification Card be turned over to the local law |
18 | | enforcement agency, which in turn shall immediately |
19 | | mail the card to the Department of State Police Firearm |
20 | | Owner's Identification Card Office for safekeeping.
|
21 | | The period of safekeeping shall be for the duration of |
22 | | the order of protection. The firearm or firearms and |
23 | | Firearm Owner's Identification Card, if unexpired, |
24 | | shall at the respondent's request be returned to the |
25 | | respondent at expiration of the order of protection.
|
26 | | (C) (b) If the respondent is a peace officer as |
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1 | | defined in Section 2-13 of
the
Criminal Code of 2012, |
2 | | the court shall order that any firearms used by the
|
3 | | respondent in the performance of his or her duties as a
|
4 | | peace officer be surrendered to
the chief law |
5 | | enforcement executive of the agency in which the |
6 | | respondent is
employed, who shall retain the firearms |
7 | | for safekeeping for the duration of the order of |
8 | | protection.
|
9 | | (D) (c) Upon expiration of the period of |
10 | | safekeeping, if the firearms or Firearm Owner's |
11 | | Identification Card cannot be returned to respondent |
12 | | because respondent cannot be located, fails to respond |
13 | | to requests to retrieve the firearms, or is not |
14 | | lawfully eligible to possess a firearm, upon petition |
15 | | from the local law enforcement agency, the court may |
16 | | order the local law enforcement agency to destroy the |
17 | | firearms, use the firearms for training purposes, or |
18 | | for any other application as deemed appropriate by the |
19 | | local law enforcement agency; or that the firearms be |
20 | | turned over to a third party who is lawfully eligible |
21 | | to possess firearms, and who does not reside with |
22 | | respondent.
|
23 | | (15) Prohibition of access to records. If an order of |
24 | | protection
prohibits respondent from having contact with |
25 | | the minor child,
or if petitioner's address is omitted |
26 | | under subsection (b) of
Section 112A-5, or if necessary to |
|
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1 | | prevent abuse or wrongful removal or
concealment of a minor |
2 | | child, the order shall deny respondent access to, and
|
3 | | prohibit respondent from inspecting, obtaining, or |
4 | | attempting to
inspect or obtain, school or any other |
5 | | records of the minor child
who is in the care of |
6 | | petitioner.
|
7 | | (16) Order for payment of shelter services. Order |
8 | | respondent to
reimburse a shelter providing temporary |
9 | | housing and counseling services to
the petitioner for the |
10 | | cost of the services, as certified by the shelter
and |
11 | | deemed reasonable by the court.
|
12 | | (17) Order for injunctive relief. Enter injunctive |
13 | | relief necessary
or appropriate to prevent further abuse of |
14 | | a family or household member or
to effectuate one of the |
15 | | granted remedies, if supported by the balance of
hardships. |
16 | | If the harm to be prevented by the injunction is abuse or |
17 | | any
other harm that one of the remedies listed in |
18 | | paragraphs (1) through (16)
of this subsection is designed |
19 | | to prevent, no further evidence is necessary
to establish |
20 | | that the harm is an irreparable injury.
|
21 | | (c) Relevant factors; findings.
|
22 | | (1) In determining whether to grant a
specific remedy, |
23 | | other than payment of support, the
court shall consider |
24 | | relevant factors, including but not limited to the
|
25 | | following:
|
26 | | (i) the nature, frequency, severity, pattern and |
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1 | | consequences of the
respondent's past abuse of the |
2 | | petitioner or any family or household
member, |
3 | | including the concealment of his or her location in |
4 | | order to evade
service of process or notice, and the |
5 | | likelihood of danger of future abuse to
petitioner or
|
6 | | any member of petitioner's or respondent's family or |
7 | | household; and
|
8 | | (ii) the danger that any minor child will be abused |
9 | | or neglected or
improperly removed from the |
10 | | jurisdiction, improperly concealed within the
State or |
11 | | improperly separated from the child's primary |
12 | | caretaker.
|
13 | | (2) In comparing relative hardships resulting to the |
14 | | parties from loss
of possession of the family home, the |
15 | | court shall consider relevant
factors, including but not |
16 | | limited to the following:
|
17 | | (i) availability, accessibility, cost, safety, |
18 | | adequacy, location and other
characteristics of |
19 | | alternate housing for each party and any minor child or
|
20 | | dependent adult in the party's care;
|
21 | | (ii) the effect on the party's employment; and
|
22 | | (iii) the effect on the relationship of the party, |
23 | | and any minor
child or dependent adult in the party's |
24 | | care, to family, school, church
and community.
|
25 | | (3) Subject to the exceptions set forth in paragraph |
26 | | (4) of this
subsection, the court shall make its findings |
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1 | | in an official record or in
writing, and shall at a minimum |
2 | | set forth the following:
|
3 | | (i) That the court has considered the applicable |
4 | | relevant factors
described in paragraphs (1) and (2) of |
5 | | this subsection.
|
6 | | (ii) Whether the conduct or actions of respondent, |
7 | | unless
prohibited, will likely cause irreparable harm |
8 | | or continued abuse.
|
9 | | (iii) Whether it is necessary to grant the |
10 | | requested relief in order
to protect petitioner or |
11 | | other alleged abused persons.
|
12 | | (4) For purposes of issuing an ex parte emergency order |
13 | | of protection,
the court, as an alternative to or as a |
14 | | supplement to making the findings
described in paragraphs |
15 | | (c)(3)(i) through (c)(3)(iii) of this subsection, may use
|
16 | | the following procedure:
|
17 | | When a verified petition for an emergency order of |
18 | | protection in
accordance with the requirements of Sections |
19 | | 112A-5 and 112A-17 is
presented to the court, the court |
20 | | shall examine petitioner on oath or
affirmation. An |
21 | | emergency order of protection shall be issued by the court
|
22 | | if it appears from the contents of the petition and the |
23 | | examination of
petitioner that the averments are |
24 | | sufficient to indicate abuse by
respondent and to support |
25 | | the granting of relief under the issuance of the
emergency |
26 | | order of protection.
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1 | | (5) Never married parties. No rights or |
2 | | responsibilities for a minor
child born outside of marriage |
3 | | attach to a putative father until a father and
child |
4 | | relationship has been established under the Illinois |
5 | | Parentage Act of
1984. Absent such an adjudication, no |
6 | | putative father shall be granted
temporary custody of the |
7 | | minor child, visitation with the minor child, or
physical |
8 | | care
and possession of the minor child, nor shall
an order |
9 | | of payment for support of the minor child be entered.
|
10 | | (d) Balance of hardships; findings. If the court finds that |
11 | | the balance
of hardships does not support the granting of a |
12 | | remedy governed by
paragraph (2), (3), (10), (11), or (16) of
|
13 | | subsection (b) of this Section,
which may require such |
14 | | balancing, the court's findings shall so
indicate and shall |
15 | | include a finding as to whether granting the remedy will
result |
16 | | in hardship to respondent that would substantially outweigh the |
17 | | hardship
to petitioner
from denial of the remedy. The findings |
18 | | shall be an official record or in
writing.
|
19 | | (e) Denial of remedies. Denial of any remedy shall not be |
20 | | based, in
whole or in part, on evidence that:
|
21 | | (1) Respondent has cause for any use of force, unless |
22 | | that cause
satisfies the standards for justifiable use of |
23 | | force provided by Article
7 of the Criminal Code of 2012;
|
24 | | (2) Respondent was voluntarily intoxicated;
|
25 | | (3) Petitioner acted in self-defense or defense of |
26 | | another, provided
that, if petitioner utilized force, such |
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1 | | force was justifiable under
Article 7 of the Criminal Code |
2 | | of 2012;
|
3 | | (4) Petitioner did not act in self-defense or defense |
4 | | of another;
|
5 | | (5) Petitioner left the residence or household to avoid |
6 | | further abuse
by respondent;
|
7 | | (6) Petitioner did not leave the residence or household |
8 | | to avoid further
abuse by respondent;
|
9 | | (7) Conduct by any family or household member excused |
10 | | the abuse by
respondent, unless that same conduct would |
11 | | have excused such abuse if the
parties had not been family |
12 | | or household members.
|
13 | | (Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11; |
14 | | 97-158, eff. 1-1-12; 97-1131, eff. 1-1-13; 97-1150, eff. |
15 | | 1-25-13.)
|
16 | | Section 165. The Mental Health and Developmental |
17 | | Disabilities Confidentiality Act is amended by changing |
18 | | Section 12 as follows:
|
19 | | (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
|
20 | | Sec. 12. (a) If the United States Secret Service or the |
21 | | Department of
State Police requests information from a mental |
22 | | health or developmental
disability facility, as defined in |
23 | | Section 1-107 and 1-114 of the Mental
Health and Developmental |
24 | | Disabilities Code, relating to a specific
recipient and the |
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1 | | facility director determines that disclosure of such
|
2 | | information may be necessary to protect the life of, or to |
3 | | prevent
the infliction of great bodily harm to, a public |
4 | | official,
or a person under the protection of the United
States |
5 | | Secret Service, only the following information
may be |
6 | | disclosed: the recipient's name, address, and age and the date |
7 | | of
any admission to or discharge from a facility; and any |
8 | | information which
would indicate whether or not the recipient |
9 | | has a history of violence or
presents a danger of violence to |
10 | | the person under protection. Any information
so disclosed shall |
11 | | be used for investigative purposes only and shall not
be |
12 | | publicly disseminated.
Any person participating in good faith |
13 | | in the disclosure of such
information in accordance with this |
14 | | provision shall have immunity from any
liability, civil, |
15 | | criminal or otherwise, if such information is disclosed
relying |
16 | | upon the representation of an officer of the United States |
17 | | Secret
Service or the Department of State Police that a person |
18 | | is under the
protection of the United States Secret Service or |
19 | | is a public official.
|
20 | | For the purpose of this subsection (a), the term "public |
21 | | official" means
the Governor, Lieutenant Governor, Attorney |
22 | | General, Secretary of State,
State Comptroller, State |
23 | | Treasurer, member of the General Assembly, member of the United |
24 | | States Congress, Judge of the United States as defined in 28 |
25 | | U.S.C. 451, Justice of the United States as defined in 28 |
26 | | U.S.C. 451, United States Magistrate Judge as defined in 28 |
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1 | | U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or |
2 | | Supreme, Appellate, Circuit, or Associate Judge of the State of |
3 | | Illinois. The
term shall also include the spouse, child or |
4 | | children of a public official.
|
5 | | (b) The Department of Human Services (acting as successor |
6 | | to the
Department of Mental Health and Developmental |
7 | | Disabilities) and all
public or private hospitals and mental |
8 | | health facilities are required, as hereafter described in this |
9 | | subsection,
to furnish the Department of State Police only such |
10 | | information as may
be required for the sole purpose of |
11 | | determining whether an individual who
may be or may have been a |
12 | | patient is disqualified because of that status
from receiving |
13 | | or retaining a Firearm Owner's Identification Card because that |
14 | | patient is determined to pose a clear and present danger to |
15 | | himself, herself or others, is determined to have a |
16 | | developmental disability, or falls within the federal |
17 | | prohibitors in under
subsection (e) or (f) of Section 8 of the |
18 | | Firearm Owners Identification Card
Act or 18 U.S.C. 922(g) and |
19 | | (n). All physicians, clinical psychologists, or qualified |
20 | | examiners at public or private hospitals and mental health |
21 | | facilities or parts thereof as defined in this subsection |
22 | | shall, in the form and manner required
by the Department, |
23 | | provide notice directly to the Department of Human Services, or |
24 | | to his or her employer who shall then report to the Department, |
25 | | within 24 hours after determining that a patient as described |
26 | | in clause (2) of the definition of "patient" in Section 1.1 of |
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1 | | the Firearm Owners Identification Card Act poses a clear and |
2 | | present danger to himself, herself, or others, or is determined |
3 | | to have a developmental disability such information as shall be |
4 | | necessary for the
Department to comply with the reporting |
5 | | requirements to the Department of
State Police . This Such |
6 | | information shall be furnished within 24 hours after the |
7 | | physician, clinical psychologist, or qualified examiner has |
8 | | made a determination, or within 7 days after
admission to a |
9 | | public or private hospital or mental health facility or the |
10 | | provision of services to a patient described in clause (1) of |
11 | | the definition of "patient" in Section 1.1 of the Firearm |
12 | | Owners Identification Card Act clause (2) of this subsection |
13 | | (b) . Any such information disclosed under
this subsection shall
|
14 | | remain privileged and confidential, and shall not be |
15 | | redisclosed, except as required by subsection (e) clause (e)(2) |
16 | | of Section 3.1 of the Firearm Owners Identification Card Act, |
17 | | nor utilized
for any other purpose. The method of requiring the |
18 | | providing of such
information shall guarantee that no |
19 | | information is released beyond what
is necessary for this |
20 | | purpose. In addition, the information disclosed
shall be |
21 | | provided
by the Department within the time period established |
22 | | by Section 24-3 of the
Criminal Code of 2012 regarding the |
23 | | delivery of firearms. The method used
shall be sufficient to |
24 | | provide the necessary information within the
prescribed time |
25 | | period, which may include periodically providing
lists to the |
26 | | Department of Human Services
or any public or private hospital |
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1 | | or mental health facility of Firearm Owner's Identification |
2 | | Card applicants
on which the Department or hospital shall |
3 | | indicate the identities of those
individuals who are to its |
4 | | knowledge disqualified from having a Firearm
Owner's |
5 | | Identification Card for reasons described herein. The |
6 | | Department
may provide for a centralized source
of information |
7 | | for the State on this subject under its jurisdiction. The |
8 | | identity of the person reporting under this subsection shall |
9 | | not be disclosed to the subject of the report. For the purposes |
10 | | of this subsection, the physician, clinical psychologist, or |
11 | | qualified examiner making the determination and his or her |
12 | | employer shall not be held criminally, civilly, or |
13 | | professionally liable for making or not making the notification |
14 | | required under this subsection, except for willful or wanton |
15 | | misconduct.
|
16 | | Any person, institution, or agency, under this Act, |
17 | | participating in
good faith in the reporting or disclosure of |
18 | | records and communications
otherwise in accordance with this |
19 | | provision or with rules, regulations or
guidelines issued by |
20 | | the Department shall have immunity from any
liability, civil, |
21 | | criminal or otherwise, that might result by reason of the
|
22 | | action. For the purpose of any proceeding, civil or criminal,
|
23 | | arising out of a report or disclosure in accordance with this |
24 | | provision,
the good faith of any person,
institution, or agency |
25 | | so reporting or disclosing shall be presumed. The
full extent |
26 | | of the immunity provided in this subsection (b) shall apply to
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1 | | any person, institution or agency that fails to make a report |
2 | | or disclosure
in the good faith belief that the report or |
3 | | disclosure would violate
federal regulations governing the |
4 | | confidentiality of alcohol and drug abuse
patient records |
5 | | implementing 42 U.S.C. 290dd-3 and 290ee-3.
|
6 | | For purposes of this subsection (b) only, the following |
7 | | terms shall have
the meaning prescribed:
|
8 | | (1) (Blank). "Hospital" means only that type of |
9 | | institution which is providing
full-time residential |
10 | | facilities and treatment.
|
11 | | (1.3) "Clear and present danger" has the meaning as |
12 | | defined in Section 1.1 of the Firearm Owners Identification |
13 | | Card Act. |
14 | | (1.5) "Developmental disability" means a disability |
15 | | which is attributable to an intellectual disability or any |
16 | | other condition which results in impairment similar to that |
17 | | caused by an intellectual disability and which requires |
18 | | services similar to those required by intellectually |
19 | | disabled persons. The disability must originate before the |
20 | | age of 18 years, be expected to continue indefinitely, and |
21 | | constitute a substantial handicap.
|
22 | | (2) "Patient" has the meaning as defined in Section 1.1 |
23 | | of the Firearm Owners Identification Card Act shall include |
24 | | only: (i) a person who is an in-patient or resident of any |
25 | | public or private hospital or mental health facility or |
26 | | (ii) a person who is an out-patient or provided services by |
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1 | | a public or private hospital or mental health facility |
2 | | whose mental condition is of such a nature that it is |
3 | | manifested by violent, suicidal, threatening, or |
4 | | assaultive behavior or reported behavior, for which there |
5 | | is a reasonable belief by a physician, clinical |
6 | | psychologist, or qualified examiner that the condition |
7 | | poses a clear and present or imminent danger to the |
8 | | patient, any other person or the community meaning the |
9 | | patient's condition poses a clear and present danger in |
10 | | accordance with subsection
(f) of Section 8 of the Firearm |
11 | | Owners Identification Card Act. The terms physician, |
12 | | clinical psychologist, and qualified examiner are defined |
13 | | in Sections 1-120, 1-103, and 1-122 of the Mental Health |
14 | | and Developmental Disabilities Code .
|
15 | | (3) "Mental health facility" has the meaning as defined |
16 | | in Section 1.1 of the Firearm Owners Identification Card |
17 | | Act is defined by Section 1-114 of the Mental Health and |
18 | | Developmental Disabilities Code .
|
19 | | (c) Upon the request of a peace officer who takes a person |
20 | | into custody
and transports such person to a mental health or |
21 | | developmental disability
facility pursuant to Section 3-606 or |
22 | | 4-404 of the Mental Health and
Developmental Disabilities Code |
23 | | or who transports a person from such facility,
a facility |
24 | | director shall furnish said peace officer the name, address, |
25 | | age
and name of the nearest relative of the person transported |
26 | | to or from the
mental health or developmental disability |
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1 | | facility. In no case shall the
facility director disclose to |
2 | | the peace officer any information relating to the
diagnosis, |
3 | | treatment or evaluation of the person's mental or physical |
4 | | health.
|
5 | | For the purposes of this subsection (c), the terms "mental |
6 | | health or
developmental disability facility", "peace officer" |
7 | | and "facility director"
shall have the meanings ascribed to |
8 | | them in the Mental Health and
Developmental Disabilities Code.
|
9 | | (d) Upon the request of a peace officer or prosecuting |
10 | | authority who is
conducting a bona fide investigation of a |
11 | | criminal offense, or attempting to
apprehend a fugitive from |
12 | | justice,
a facility director may disclose whether a person is |
13 | | present at the facility.
Upon request of a peace officer or |
14 | | prosecuting authority who has a valid
forcible felony warrant |
15 | | issued, a facility director shall disclose: (1) whether
the |
16 | | person who is the subject of the warrant is present at the |
17 | | facility and (2)
the
date of that person's discharge or future |
18 | | discharge from the facility.
The requesting peace officer or |
19 | | prosecuting authority must furnish a case
number and the |
20 | | purpose of the investigation or an outstanding arrest warrant |
21 | | at
the time of the request. Any person, institution, or agency
|
22 | | participating in good faith in disclosing such information in |
23 | | accordance with
this subsection (d) is immune from any |
24 | | liability, civil, criminal or
otherwise, that might result by |
25 | | reason of the action.
|
26 | | (Source: P.A. 96-193, eff. 8-10-09; 97-1150, eff. 1-25-13.)
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1 | | Section 195. No acceleration or delay. Where this Act makes |
2 | | changes in a statute that is represented in this Act by text |
3 | | that is not yet or no longer in effect (for example, a Section |
4 | | represented by multiple versions), the use of that text does |
5 | | not accelerate or delay the taking effect of (i) the changes |
6 | | made by this Act or (ii) provisions derived from any other |
7 | | Public Act.
|
8 | | Section 999. Effective date. This Act takes effect upon |
9 | | becoming law.".
|