101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3690

 

Introduced 2/14/2020, by Sen. Rachelle Crowe

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/10  from Ch. 38, par. 83-10

    Amends the Firearm Owners Identification Card Act. Provides that notwithstanding any prohibitions on granting relief from obtaining a Firearm Owner's Identification Card because of federal law, the Director of the Illinois State Police, or the circuit court for various violations, may grant relief when the federal prohibition on possession of firearms is predicated solely on a provision of the Criminal Code of 2012, including, but not limited to, possession of a firearm by a felon, that would no longer apply to the applicant upon granting of relief under the appeals provisions of the Act. Effective immediately.


LRB101 18491 RLC 67942 b

 

 

A BILL FOR

 

SB3690LRB101 18491 RLC 67942 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Section 10 as follows:
 
6    (430 ILCS 65/10)  (from Ch. 38, par. 83-10)
7    Sec. 10. Appeal to director; hearing; relief from firearm
8prohibitions.
9    (a) Whenever an application for a Firearm Owner's
10Identification Card is denied, whenever the Department fails to
11act on an application within 30 days of its receipt, or
12whenever such a Card is revoked or seized as provided for in
13Section 8 of this Act, the aggrieved party may appeal to the
14Director of State Police for a hearing upon such denial,
15revocation or seizure, unless the denial, revocation, or
16seizure was based upon a forcible felony, stalking, aggravated
17stalking, domestic battery, any violation of the Illinois
18Controlled Substances Act, the Methamphetamine Control and
19Community Protection Act, or the Cannabis Control Act that is
20classified as a Class 2 or greater felony, any felony violation
21of Article 24 of the Criminal Code of 1961 or the Criminal Code
22of 2012, or any adjudication as a delinquent minor for the
23commission of an offense that if committed by an adult would be

 

 

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1a felony, in which case the aggrieved party may petition the
2circuit court in writing in the county of his or her residence
3for a hearing upon such denial, revocation, or seizure.
4    (b) At least 30 days before any hearing in the circuit
5court, the petitioner shall serve the relevant State's Attorney
6with a copy of the petition. The State's Attorney may object to
7the petition and present evidence. At the hearing the court
8shall determine whether substantial justice has been done.
9Should the court determine that substantial justice has not
10been done, the court shall issue an order directing the
11Department of State Police to issue a Card. However, the court
12shall not issue the order if the petitioner is otherwise
13prohibited from obtaining, possessing, or using a firearm under
14federal law.
15    (c) Any person prohibited from possessing a firearm under
16Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
17acquiring a Firearm Owner's Identification Card under Section 8
18of this Act may apply to the Director of State Police or
19petition the circuit court in the county where the petitioner
20resides, whichever is applicable in accordance with subsection
21(a) of this Section, requesting relief from such prohibition
22and the Director or court may grant such relief if it is
23established by the applicant to the court's or Director's
24satisfaction that:
25        (0.05) when in the circuit court, the State's Attorney
26    has been served with a written copy of the petition at

 

 

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1    least 30 days before any such hearing in the circuit court
2    and at the hearing the State's Attorney was afforded an
3    opportunity to present evidence and object to the petition;
4        (1) the applicant has not been convicted of a forcible
5    felony under the laws of this State or any other
6    jurisdiction within 20 years of the applicant's
7    application for a Firearm Owner's Identification Card, or
8    at least 20 years have passed since the end of any period
9    of imprisonment imposed in relation to that conviction;
10        (2) the circumstances regarding a criminal conviction,
11    where applicable, the applicant's criminal history and his
12    reputation are such that the applicant will not be likely
13    to act in a manner dangerous to public safety;
14        (3) granting relief would not be contrary to the public
15    interest; and
16        (4) granting relief would not be contrary to federal
17    law. Notwithstanding any prohibitions on such relief in
18    this paragraph (4), the Director, or circuit court as
19    provided in subsection (a), may grant relief when the
20    federal prohibition on possession of firearms is
21    predicated solely on a provision of the Criminal Code of
22    2012, including, but not limited to, subsection (a) of
23    Section 24-1.1 of that Code, that would no longer apply to
24    the applicant upon granting of relief under this Section.
25    (c-5) (1) An active law enforcement officer employed by a
26unit of government, who is denied, revoked, or has his or her

 

 

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

 

 

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1    that led to the hospitalization;
2        (B) all documentation regarding the admission,
3    evaluation, treatment and discharge from the treating
4    licensed clinical psychologist or psychiatrist of the
5    officer;
6        (C) a psychological fitness for duty evaluation of the
7    person completed after the time of discharge; and
8        (D) written confirmation in the form prescribed by the
9    Director from the treating licensed clinical psychologist
10    or psychiatrist that the provisions set forth in paragraph
11    (1) of this subsection (c-5) have been met, the person
12    successfully completed treatment, and their professional
13    opinion regarding the person's ability to possess
14    firearms.
15    (3) Officers eligible for the expedited relief in paragraph
16(2) of this subsection (c-5) have the burden of proof on
17eligibility and must provide all information required. The
18Director may not consider granting expedited relief until the
19proof and information is received.
20    (4) "Clinical psychologist", "psychiatrist", and
21"qualified examiner" shall have the same meaning as provided in
22Chapter I of the Mental Health and Developmental Disabilities
23Code.
24    (c-10) (1) An applicant, who is denied, revoked, or has his
25or her Firearm Owner's Identification Card seized under
26subsection (e) of Section 8 of this Act based upon a

 

 

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1determination of a developmental disability or an intellectual
2disability may apply to the Director of State Police requesting
3relief.
4    (2) The Director shall act on the request for relief within
560 business days of receipt of written certification, in the
6form prescribed by the Director, from a physician or clinical
7psychologist, or qualified examiner, that the aggrieved
8party's developmental disability or intellectual disability
9condition is determined by a physician, clinical psychologist,
10or qualified to be mild. If a fact-finding conference is
11scheduled to obtain additional information concerning the
12circumstances of the denial or revocation, the 60 business days
13the Director has to act shall be tolled until the completion of
14the fact-finding conference.
15    (3) The Director may grant relief if the aggrieved party's
16developmental disability or intellectual disability is mild as
17determined by a physician, clinical psychologist, or qualified
18examiner and it is established by the applicant to the
19Director's satisfaction that:
20        (A) granting relief would not be contrary to the public
21    interest; and
22        (B) granting relief would not be contrary to federal
23    law.
24    (4) The Director may not grant relief if the condition is
25determined by a physician, clinical psychologist, or qualified
26examiner to be moderate, severe, or profound.

 

 

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1    (5) The changes made to this Section by this amendatory Act
2of the 99th General Assembly apply to requests for relief
3pending on or before the effective date of this amendatory Act,
4except that the 60-day period for the Director to act on
5requests pending before the effective date shall begin on the
6effective date of this amendatory Act.
7    (d) When a minor is adjudicated delinquent for an offense
8which if committed by an adult would be a felony, the court
9shall notify the Department of State Police.
10    (e) The court shall review the denial of an application or
11the revocation of a Firearm Owner's Identification Card of a
12person who has been adjudicated delinquent for an offense that
13if committed by an adult would be a felony if an application
14for relief has been filed at least 10 years after the
15adjudication of delinquency and the court determines that the
16applicant should be granted relief from disability to obtain a
17Firearm Owner's Identification Card. If the court grants
18relief, the court shall notify the Department of State Police
19that the disability has been removed and that the applicant is
20eligible to obtain a Firearm Owner's Identification Card.
21    (f) Any person who is subject to the disabilities of 18
22U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
23of 1968 because of an adjudication or commitment that occurred
24under the laws of this State or who was determined to be
25subject to the provisions of subsections (e), (f), or (g) of
26Section 8 of this Act may apply to the Department of State

 

 

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1Police requesting relief from that prohibition. The Director
2shall grant the relief if it is established by a preponderance
3of the evidence that the person will not be likely to act in a
4manner dangerous to public safety and that granting relief
5would not be contrary to the public interest. In making this
6determination, the Director shall receive evidence concerning
7(i) the circumstances regarding the firearms disabilities from
8which relief is sought; (ii) the petitioner's mental health and
9criminal history records, if any; (iii) the petitioner's
10reputation, developed at a minimum through character witness
11statements, testimony, or other character evidence; and (iv)
12changes in the petitioner's condition or circumstances since
13the disqualifying events relevant to the relief sought. If
14relief is granted under this subsection or by order of a court
15under this Section, the Director shall as soon as practicable
16but in no case later than 15 business days, update, correct,
17modify, or remove the person's record in any database that the
18Department of State Police makes available to the National
19Instant Criminal Background Check System and notify the United
20States Attorney General that the basis for the record being
21made available no longer applies. The Department of State
22Police shall adopt rules for the administration of this
23Section.
24(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78,
25eff. 7-20-15.)
 
26    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.