102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2889

 

Introduced 3/19/2021, by Sen. David Koehler

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Illinois State Police shall establish a portal for use by federal, State, or local law enforcement agencies, including Offices of the State's Attorneys and the Office of the Attorney General to capture a report of persons whose Firearm Owner's Identification Cards have been revoked or suspended. Provides that the portal is for law enforcement purposes only. Amends the Firearm Owners Identification Card Act. Provides that each applicant for the issuance of a Firearm Owner's Identification Card may include a full set of his or her fingerprints in electronic format to the Illinois State Police. Provides that a Firearm Owner's Identification Card of a licensee under the Firearm Concealed Carry Act shall not expire during the term of the licensee's concealed carry license. Provides that the Illinois State Police shall deny an application or shall revoke and seize a Firearm Owner's Identification Card previously issued under the Act if the Illinois State Police finds that the applicant or person to whom such card was issued is or was at the time of issuance subject to a civil no contact order or a stalking no contact order. Provides for email notifications from the Illinois State Police upon request of an applicant or Card holder. Create expanded rule making authority for the Illinois State Police concerning the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act. Makes conforming changes in various other Acts.


LRB102 17768 RLC 24011 b

 

 

A BILL FOR

 

SB2889LRB102 17768 RLC 24011 b

1    AN ACT concerning firearms.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 3. The Open Meetings Act is amended by changing
5Section 2 as follows:
 
6    (5 ILCS 120/2)  (from Ch. 102, par. 42)
7    Sec. 2. Open meetings.
8    (a) Openness required. All meetings of public bodies shall
9be open to the public unless excepted in subsection (c) and
10closed in accordance with Section 2a.
11    (b) Construction of exceptions. The exceptions contained
12in subsection (c) are in derogation of the requirement that
13public bodies meet in the open, and therefore, the exceptions
14are to be strictly construed, extending only to subjects
15clearly within their scope. The exceptions authorize but do
16not require the holding of a closed meeting to discuss a
17subject included within an enumerated exception.
18    (c) Exceptions. A public body may hold closed meetings to
19consider the following subjects:
20        (1) The appointment, employment, compensation,
21    discipline, performance, or dismissal of specific
22    employees, specific individuals who serve as independent
23    contractors in a park, recreational, or educational

 

 

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1    setting, or specific volunteers of the public body or
2    legal counsel for the public body, including hearing
3    testimony on a complaint lodged against an employee, a
4    specific individual who serves as an independent
5    contractor in a park, recreational, or educational
6    setting, or a volunteer of the public body or against
7    legal counsel for the public body to determine its
8    validity. However, a meeting to consider an increase in
9    compensation to a specific employee of a public body that
10    is subject to the Local Government Wage Increase
11    Transparency Act may not be closed and shall be open to the
12    public and posted and held in accordance with this Act.
13        (2) Collective negotiating matters between the public
14    body and its employees or their representatives, or
15    deliberations concerning salary schedules for one or more
16    classes of employees.
17        (3) The selection of a person to fill a public office,
18    as defined in this Act, including a vacancy in a public
19    office, when the public body is given power to appoint
20    under law or ordinance, or the discipline, performance or
21    removal of the occupant of a public office, when the
22    public body is given power to remove the occupant under
23    law or ordinance.
24        (4) Evidence or testimony presented in open hearing,
25    or in closed hearing where specifically authorized by law,
26    to a quasi-adjudicative body, as defined in this Act,

 

 

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1    provided that the body prepares and makes available for
2    public inspection a written decision setting forth its
3    determinative reasoning.
4        (5) The purchase or lease of real property for the use
5    of the public body, including meetings held for the
6    purpose of discussing whether a particular parcel should
7    be acquired.
8        (6) The setting of a price for sale or lease of
9    property owned by the public body.
10        (7) The sale or purchase of securities, investments,
11    or investment contracts. This exception shall not apply to
12    the investment of assets or income of funds deposited into
13    the Illinois Prepaid Tuition Trust Fund.
14        (8) Security procedures, school building safety and
15    security, and the use of personnel and equipment to
16    respond to an actual, a threatened, or a reasonably
17    potential danger to the safety of employees, students,
18    staff, the public, or public property.
19        (9) Student disciplinary cases.
20        (10) The placement of individual students in special
21    education programs and other matters relating to
22    individual students.
23        (11) Litigation, when an action against, affecting or
24    on behalf of the particular public body has been filed and
25    is pending before a court or administrative tribunal, or
26    when the public body finds that an action is probable or

 

 

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1    imminent, in which case the basis for the finding shall be
2    recorded and entered into the minutes of the closed
3    meeting.
4        (12) The establishment of reserves or settlement of
5    claims as provided in the Local Governmental and
6    Governmental Employees Tort Immunity Act, if otherwise the
7    disposition of a claim or potential claim might be
8    prejudiced, or the review or discussion of claims, loss or
9    risk management information, records, data, advice or
10    communications from or with respect to any insurer of the
11    public body or any intergovernmental risk management
12    association or self insurance pool of which the public
13    body is a member.
14        (13) Conciliation of complaints of discrimination in
15    the sale or rental of housing, when closed meetings are
16    authorized by the law or ordinance prescribing fair
17    housing practices and creating a commission or
18    administrative agency for their enforcement.
19        (14) Informant sources, the hiring or assignment of
20    undercover personnel or equipment, or ongoing, prior or
21    future criminal investigations, when discussed by a public
22    body with criminal investigatory responsibilities.
23        (15) Professional ethics or performance when
24    considered by an advisory body appointed to advise a
25    licensing or regulatory agency on matters germane to the
26    advisory body's field of competence.

 

 

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1        (16) Self evaluation, practices and procedures or
2    professional ethics, when meeting with a representative of
3    a statewide association of which the public body is a
4    member.
5        (17) The recruitment, credentialing, discipline or
6    formal peer review of physicians or other health care
7    professionals, or for the discussion of matters protected
8    under the federal Patient Safety and Quality Improvement
9    Act of 2005, and the regulations promulgated thereunder,
10    including 42 C.F.R. Part 3 (73 FR 70732), or the federal
11    Health Insurance Portability and Accountability Act of
12    1996, and the regulations promulgated thereunder,
13    including 45 C.F.R. Parts 160, 162, and 164, by a
14    hospital, or other institution providing medical care,
15    that is operated by the public body.
16        (18) Deliberations for decisions of the Prisoner
17    Review Board.
18        (19) Review or discussion of applications received
19    under the Experimental Organ Transplantation Procedures
20    Act.
21        (20) The classification and discussion of matters
22    classified as confidential or continued confidential by
23    the State Government Suggestion Award Board.
24        (21) Discussion of minutes of meetings lawfully closed
25    under this Act, whether for purposes of approval by the
26    body of the minutes or semi-annual review of the minutes

 

 

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1    as mandated by Section 2.06.
2        (22) Deliberations for decisions of the State
3    Emergency Medical Services Disciplinary Review Board.
4        (23) The operation by a municipality of a municipal
5    utility or the operation of a municipal power agency or
6    municipal natural gas agency when the discussion involves
7    (i) contracts relating to the purchase, sale, or delivery
8    of electricity or natural gas or (ii) the results or
9    conclusions of load forecast studies.
10        (24) Meetings of a residential health care facility
11    resident sexual assault and death review team or the
12    Executive Council under the Abuse Prevention Review Team
13    Act.
14        (25) Meetings of an independent team of experts under
15    Brian's Law.
16        (26) Meetings of a mortality review team appointed
17    under the Department of Juvenile Justice Mortality Review
18    Team Act.
19        (27) (Blank).
20        (28) Correspondence and records (i) that may not be
21    disclosed under Section 11-9 of the Illinois Public Aid
22    Code or (ii) that pertain to appeals under Section 11-8 of
23    the Illinois Public Aid Code.
24        (29) Meetings between internal or external auditors
25    and governmental audit committees, finance committees, and
26    their equivalents, when the discussion involves internal

 

 

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1    control weaknesses, identification of potential fraud risk
2    areas, known or suspected frauds, and fraud interviews
3    conducted in accordance with generally accepted auditing
4    standards of the United States of America.
5        (30) Those meetings or portions of meetings of a
6    fatality review team or the Illinois Fatality Review Team
7    Advisory Council during which a review of the death of an
8    eligible adult in which abuse or neglect is suspected,
9    alleged, or substantiated is conducted pursuant to Section
10    15 of the Adult Protective Services Act.
11        (31) Meetings and deliberations for decisions of the
12    Concealed Carry Licensing Review Board under the Firearm
13    Concealed Carry Act.
14        (32) Meetings between the Regional Transportation
15    Authority Board and its Service Boards when the discussion
16    involves review by the Regional Transportation Authority
17    Board of employment contracts under Section 28d of the
18    Metropolitan Transit Authority Act and Sections 3A.18 and
19    3B.26 of the Regional Transportation Authority Act.
20        (33) Those meetings or portions of meetings of the
21    advisory committee and peer review subcommittee created
22    under Section 320 of the Illinois Controlled Substances
23    Act during which specific controlled substance prescriber,
24    dispenser, or patient information is discussed.
25        (34) Meetings of the Tax Increment Financing Reform
26    Task Force under Section 2505-800 of the Department of

 

 

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1    Revenue Law of the Civil Administrative Code of Illinois.
2        (35) Meetings of the group established to discuss
3    Medicaid capitation rates under Section 5-30.8 of the
4    Illinois Public Aid Code.
5        (36) Those deliberations or portions of deliberations
6    for decisions of the Illinois Gaming Board in which there
7    is discussed any of the following: (i) personal,
8    commercial, financial, or other information obtained from
9    any source that is privileged, proprietary, confidential,
10    or a trade secret; or (ii) information specifically
11    exempted from the disclosure by federal or State law.
12        (37) Meetings of the Firearm Owner's Identification
13    Card Review Board under Section 10 of the Firearm Owners
14    Identification Card Act.
15    (d) Definitions. For purposes of this Section:
16    "Employee" means a person employed by a public body whose
17relationship with the public body constitutes an
18employer-employee relationship under the usual common law
19rules, and who is not an independent contractor.
20    "Public office" means a position created by or under the
21Constitution or laws of this State, the occupant of which is
22charged with the exercise of some portion of the sovereign
23power of this State. The term "public office" shall include
24members of the public body, but it shall not include
25organizational positions filled by members thereof, whether
26established by law or by a public body itself, that exist to

 

 

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1assist the body in the conduct of its business.
2    "Quasi-adjudicative body" means an administrative body
3charged by law or ordinance with the responsibility to conduct
4hearings, receive evidence or testimony and make
5determinations based thereon, but does not include local
6electoral boards when such bodies are considering petition
7challenges.
8    (e) Final action. No final action may be taken at a closed
9meeting. Final action shall be preceded by a public recital of
10the nature of the matter being considered and other
11information that will inform the public of the business being
12conducted.
13(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17;
14100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff.
158-23-19; revised 9-27-19.)
 
16    Section 5. The Freedom of Information Act is amended by
17changing Section 7.5 as follows:
 
18    (5 ILCS 140/7.5)
19    Sec. 7.5. Statutory exemptions. To the extent provided for
20by the statutes referenced below, the following shall be
21exempt from inspection and copying:
22        (a) All information determined to be confidential
23    under Section 4002 of the Technology Advancement and
24    Development Act.

 

 

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1        (b) Library circulation and order records identifying
2    library users with specific materials under the Library
3    Records Confidentiality Act.
4        (c) Applications, related documents, and medical
5    records received by the Experimental Organ Transplantation
6    Procedures Board and any and all documents or other
7    records prepared by the Experimental Organ Transplantation
8    Procedures Board or its staff relating to applications it
9    has received.
10        (d) Information and records held by the Department of
11    Public Health and its authorized representatives relating
12    to known or suspected cases of sexually transmissible
13    disease or any information the disclosure of which is
14    restricted under the Illinois Sexually Transmissible
15    Disease Control Act.
16        (e) Information the disclosure of which is exempted
17    under Section 30 of the Radon Industry Licensing Act.
18        (f) Firm performance evaluations under Section 55 of
19    the Architectural, Engineering, and Land Surveying
20    Qualifications Based Selection Act.
21        (g) Information the disclosure of which is restricted
22    and exempted under Section 50 of the Illinois Prepaid
23    Tuition Act.
24        (h) Information the disclosure of which is exempted
25    under the State Officials and Employees Ethics Act, and
26    records of any lawfully created State or local inspector

 

 

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1    general's office that would be exempt if created or
2    obtained by an Executive Inspector General's office under
3    that Act.
4        (i) Information contained in a local emergency energy
5    plan submitted to a municipality in accordance with a
6    local emergency energy plan ordinance that is adopted
7    under Section 11-21.5-5 of the Illinois Municipal Code.
8        (j) Information and data concerning the distribution
9    of surcharge moneys collected and remitted by carriers
10    under the Emergency Telephone System Act.
11        (k) Law enforcement officer identification information
12    or driver identification information compiled by a law
13    enforcement agency or the Department of Transportation
14    under Section 11-212 of the Illinois Vehicle Code.
15        (l) Records and information provided to a residential
16    health care facility resident sexual assault and death
17    review team or the Executive Council under the Abuse
18    Prevention Review Team Act.
19        (m) Information provided to the predatory lending
20    database created pursuant to Article 3 of the Residential
21    Real Property Disclosure Act, except to the extent
22    authorized under that Article.
23        (n) Defense budgets and petitions for certification of
24    compensation and expenses for court appointed trial
25    counsel as provided under Sections 10 and 15 of the
26    Capital Crimes Litigation Act. This subsection (n) shall

 

 

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1    apply until the conclusion of the trial of the case, even
2    if the prosecution chooses not to pursue the death penalty
3    prior to trial or sentencing.
4        (o) Information that is prohibited from being
5    disclosed under Section 4 of the Illinois Health and
6    Hazardous Substances Registry Act.
7        (p) Security portions of system safety program plans,
8    investigation reports, surveys, schedules, lists, data, or
9    information compiled, collected, or prepared by or for the
10    Regional Transportation Authority under Section 2.11 of
11    the Regional Transportation Authority Act or the St. Clair
12    County Transit District under the Bi-State Transit Safety
13    Act.
14        (q) Information prohibited from being disclosed by the
15    Personnel Record Review Act.
16        (r) Information prohibited from being disclosed by the
17    Illinois School Student Records Act.
18        (s) Information the disclosure of which is restricted
19    under Section 5-108 of the Public Utilities Act.
20        (t) All identified or deidentified health information
21    in the form of health data or medical records contained
22    in, stored in, submitted to, transferred by, or released
23    from the Illinois Health Information Exchange, and
24    identified or deidentified health information in the form
25    of health data and medical records of the Illinois Health
26    Information Exchange in the possession of the Illinois

 

 

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1    Health Information Exchange Office due to its
2    administration of the Illinois Health Information
3    Exchange. The terms "identified" and "deidentified" shall
4    be given the same meaning as in the Health Insurance
5    Portability and Accountability Act of 1996, Public Law
6    104-191, or any subsequent amendments thereto, and any
7    regulations promulgated thereunder.
8        (u) Records and information provided to an independent
9    team of experts under the Developmental Disability and
10    Mental Health Safety Act (also known as Brian's Law).
11        (v) Names and information of people who have applied
12    for or received Firearm Owner's Identification Cards under
13    the Firearm Owners Identification Card Act or applied for
14    or received a concealed carry license under the Firearm
15    Concealed Carry Act, unless otherwise authorized by the
16    Firearm Concealed Carry Act; and databases under the
17    Firearm Concealed Carry Act, records of the Concealed
18    Carry Licensing Review Board under the Firearm Concealed
19    Carry Act, and law enforcement agency objections under the
20    Firearm Concealed Carry Act.
21        (v-5) Records of the Firearm Owner's Identification
22    Card Review Board that are exempted from disclosure under
23    Section 10 of the Firearm Owners Identification Card Act.
24        (w) Personally identifiable information which is
25    exempted from disclosure under subsection (g) of Section
26    19.1 of the Toll Highway Act.

 

 

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1        (x) Information which is exempted from disclosure
2    under Section 5-1014.3 of the Counties Code or Section
3    8-11-21 of the Illinois Municipal Code.
4        (y) Confidential information under the Adult
5    Protective Services Act and its predecessor enabling
6    statute, the Elder Abuse and Neglect Act, including
7    information about the identity and administrative finding
8    against any caregiver of a verified and substantiated
9    decision of abuse, neglect, or financial exploitation of
10    an eligible adult maintained in the Registry established
11    under Section 7.5 of the Adult Protective Services Act.
12        (z) Records and information provided to a fatality
13    review team or the Illinois Fatality Review Team Advisory
14    Council under Section 15 of the Adult Protective Services
15    Act.
16        (aa) Information which is exempted from disclosure
17    under Section 2.37 of the Wildlife Code.
18        (bb) Information which is or was prohibited from
19    disclosure by the Juvenile Court Act of 1987.
20        (cc) Recordings made under the Law Enforcement
21    Officer-Worn Body Camera Act, except to the extent
22    authorized under that Act.
23        (dd) Information that is prohibited from being
24    disclosed under Section 45 of the Condominium and Common
25    Interest Community Ombudsperson Act.
26        (ee) Information that is exempted from disclosure

 

 

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1    under Section 30.1 of the Pharmacy Practice Act.
2        (ff) Information that is exempted from disclosure
3    under the Revised Uniform Unclaimed Property Act.
4        (gg) Information that is prohibited from being
5    disclosed under Section 7-603.5 of the Illinois Vehicle
6    Code.
7        (hh) Records that are exempt from disclosure under
8    Section 1A-16.7 of the Election Code.
9        (ii) Information which is exempted from disclosure
10    under Section 2505-800 of the Department of Revenue Law of
11    the Civil Administrative Code of Illinois.
12        (jj) Information and reports that are required to be
13    submitted to the Department of Labor by registering day
14    and temporary labor service agencies but are exempt from
15    disclosure under subsection (a-1) of Section 45 of the Day
16    and Temporary Labor Services Act.
17        (kk) Information prohibited from disclosure under the
18    Seizure and Forfeiture Reporting Act.
19        (ll) Information the disclosure of which is restricted
20    and exempted under Section 5-30.8 of the Illinois Public
21    Aid Code.
22        (mm) Records that are exempt from disclosure under
23    Section 4.2 of the Crime Victims Compensation Act.
24        (nn) Information that is exempt from disclosure under
25    Section 70 of the Higher Education Student Assistance Act.
26        (oo) Communications, notes, records, and reports

 

 

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1    arising out of a peer support counseling session
2    prohibited from disclosure under the First Responders
3    Suicide Prevention Act.
4        (pp) Names and all identifying information relating to
5    an employee of an emergency services provider or law
6    enforcement agency under the First Responders Suicide
7    Prevention Act.
8        (qq) Information and records held by the Department of
9    Public Health and its authorized representatives collected
10    under the Reproductive Health Act.
11        (rr) Information that is exempt from disclosure under
12    the Cannabis Regulation and Tax Act.
13        (ss) Data reported by an employer to the Department of
14    Human Rights pursuant to Section 2-108 of the Illinois
15    Human Rights Act.
16        (tt) Recordings made under the Children's Advocacy
17    Center Act, except to the extent authorized under that
18    Act.
19        (uu) Information that is exempt from disclosure under
20    Section 50 of the Sexual Assault Evidence Submission Act.
21        (vv) Information that is exempt from disclosure under
22    subsections (f) and (j) of Section 5-36 of the Illinois
23    Public Aid Code.
24        (ww) Information that is exempt from disclosure under
25    Section 16.8 of the State Treasurer Act.
26        (xx) Information that is exempt from disclosure or

 

 

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1    information that shall not be made public under the
2    Illinois Insurance Code.
3        (yy) Information prohibited from being disclosed under
4    the Illinois Educational Labor Relations Act.
5        (zz) Information prohibited from being disclosed under
6    the Illinois Public Labor Relations Act.
7        (aaa) Information prohibited from being disclosed
8    under Section 1-167 of the Illinois Pension Code.
9        (bbb) Records exempt from disclosure under Section
10    2605-304 of the Department of State Police Law of the
11    Civil Administrative Code of Illinois.
12(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
13100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
148-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
15eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
16100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
176-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
18eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
19101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
201-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
21eff. 7-7-20.)
 
22    Section 10. The Department of State Police Law of the
23Civil Administrative Code of Illinois is amended by changing
24Section 2605-605 and by adding Section 2605-304 as follows:
 

 

 

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1    (20 ILCS 2605/2605-304 new)
2    Sec. 2605-304. Prohibited persons portal.
3    (a) Within 90 days after the effective date of this
4amendatory Act of the 102nd General Assembly, the Illinois
5State Police shall establish a portal for use by federal,
6State, or local law enforcement agencies, including Offices of
7the State's Attorneys and the Office of the Attorney General
8to capture a report of persons whose Firearm Owner's
9Identification Cards have been revoked or suspended. The
10portal is for law enforcement purposes only.
11    (b) The Illinois State Police shall include in the report
12the reason the person's Firearm Owner's Identification Card
13was subject to revocation or suspension, to the extent allowed
14by law, consistent with Section 8 of the Firearm Owners
15Identification Card Act.
16    (c) The Illinois State Police shall indicate whether the
17person subject to the revocation or suspension of his or her
18Firearm Owner's Identification Card has surrendered his or her
19revoked or suspended Firearm Owner's Identification Card and
20whether the person has completed a Firearm Disposition Record
21required under Section 9.5 of the Firearm Owners
22Identification Card Act. The Illinois State Police shall make
23reasonable efforts to make this information available on the
24Law Enforcement Agencies Data System (LEADS).
25    (d) The Illinois State Police shall provide updates of
26information related to an individual's current Firearm Owner's

 

 

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1Identification Card revocation or suspension status, including
2compliance under Section 9.5 of the Firearm Owners
3Identification Card Act, in the Illinois State Police's Law
4Enforcement Agencies Data System.
5    (e) Records in this portal are exempt from disclosure
6under the Freedom of Information Act.
7    (f) The Illinois State Police may adopt rules necessary to
8implement this Section.
 
9    (20 ILCS 2605/2605-605)
10    Sec. 2605-605. Violent Crime Intelligence Task Force. The
11Director of State Police shall may establish a statewide
12multi-jurisdictional Violent Crime Intelligence Task Force led
13by the Department of State Police dedicated to combating gun
14violence, gun-trafficking, and other violent crime with the
15primary mission of preservation of life and reducing the
16occurrence and the fear of crime. The objectives of the Task
17Force shall include, but not be limited to, reducing and
18preventing illegal possession and use of firearms,
19firearm-related homicides, and other violent crimes.
20    (1) The Task Force may develop and acquire information,
21training, tools, and resources necessary to implement a
22data-driven approach to policing, with an emphasis on
23intelligence development.
24    (2) The Task Force may utilize information sharing,
25partnerships, crime analysis, and evidence-based practices to

 

 

SB2889- 20 -LRB102 17768 RLC 24011 b

1assist in the reduction of firearm-related shootings,
2homicides, and gun-trafficking.
3    (3) The Task Force may recognize and utilize best
4practices of community policing and may develop potential
5partnerships with faith-based and community organizations to
6achieve its goals.
7    (4) The Task Force may identify and utilize best practices
8in drug-diversion programs and other community-based services
9to redirect low-level offenders.
10    (5) The Task Force may assist in violence suppression
11strategies including, but not limited to, details in
12identified locations that have shown to be the most prone to
13gun violence and violent crime, focused deterrence against
14violent gangs and groups considered responsible for the
15violence in communities, and other intelligence driven methods
16deemed necessary to interrupt cycles of violence or prevent
17retaliation.
18    (6) In consultation with the Chief Procurement Officer,
19the Department of State Police may obtain contracts for
20software, commodities, resources, and equipment to assist the
21Task Force with achieving this Act. Any contracts necessary to
22support the delivery of necessary software, commodities,
23resources, and equipment are not subject to the Illinois
24Procurement Code, except for Sections 20-60, 20-65, 20-70, and
2520-160 and Article 50 of that Code, provided that the Chief
26Procurement Officer may, in writing with justification, waive

 

 

SB2889- 21 -LRB102 17768 RLC 24011 b

1any certification required under Article 50 of the Illinois
2Procurement Code.
3    (7) The Task Force shall conduct enforcement operations
4against persons whose Firearm Owner's Identification Cards
5have been revoked or suspended and persons who fail to comply
6with the requirements of Section 9.5 of the Firearm Owners
7Identification Card Act, prioritizing individuals presenting a
8clear and present danger to themselves or to others under
9paragraph (2) of subsection (d) of Section 8.1 of the Firearm
10Owners Identification Card Act.
11    (8) The Task Force shall collaborate with local law
12enforcement agencies to enforce provisions of the Firearm
13Owners Identification Card Act, the Firearm Concealed Carry
14Act, the Firearm Dealer License Certification Act, and Article
1524 of the Criminal Code of 2012.
16    (9) To implement this Section, the Director of the
17Illinois State Police may establish intergovernmental
18contracts written and executed in conformity with the
19Intergovernmental Cooperation Act.
20    (10) Law enforcement agencies that participate in
21activities described in paragraphs (7) through (9) may apply
22to the Illinois State Police for grants from the State Police
23Revocation Enforcement Fund.
24(Source: P.A. 100-3, eff. 1-1-18.)
 
25    Section 15. The State Finance Act is amended by changing

 

 

SB2889- 22 -LRB102 17768 RLC 24011 b

16z-99 and by adding Sections 5.935 and 6z-124 as follows:
 
2    (30 ILCS 105/5.935 new)
3    Sec. 5.935. The State Police Revocation Enforcement Fund.
 
4    (30 ILCS 105/6z-99)
5    Sec. 6z-99. The Mental Health Reporting Fund.
6    (a) There is created in the State treasury a special fund
7known as the Mental Health Reporting Fund. The Fund shall
8receive revenue under the Firearm Concealed Carry Act. The
9Fund may also receive revenue from grants, pass-through
10grants, donations, appropriations, and any other legal source.
11    (b) The Department of State Police and Department of Human
12Services shall coordinate to use moneys in the Fund to finance
13their respective duties of collecting and reporting data on
14mental health records and ensuring that mental health firearm
15possession prohibitors are enforced as set forth under the
16Firearm Concealed Carry Act and the Firearm Owners
17Identification Card Act, including reporting prohibitors to
18the National Instant Criminal Background Check System (NICS).
19Any surplus in the Fund beyond what is necessary to ensure
20compliance with mental health reporting under these Acts shall
21be used by the Department of Human Services for mental health
22treatment programs and by the State Board of Education for the
23Safe Schools and Healthy Learning Environments Grant Program.
24    (c) Investment income that is attributable to the

 

 

SB2889- 23 -LRB102 17768 RLC 24011 b

1investment of moneys in the Fund shall be retained in the Fund
2for the uses specified in this Section.
3(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 
4    (30 ILCS 105/6z-124 new)
5    Sec. 6z-124. State Police Revocation Enforcement Fund.
6    (a) The State Police Revocation Enforcement Fund is
7established as a special fund in the State treasury. This Fund
8is established to receive moneys from the Firearm Owners
9Identification Card Act to enforce that Act, the Firearm
10Concealed Carry Act, Article 24 of the Criminal Code of 2012,
11and other firearm offenses. The Fund may also receive revenue
12from grants, donations, appropriations, and any other legal
13source.
14    (b) The Illinois State Police may use moneys from the Fund
15to establish task forces and, if necessary, include other law
16enforcement agencies, pursuant to intergovernmental contracts
17written and executed in conformity with the Intergovernmental
18Cooperation Act.
19    (c) The Illinois State Police may use moneys in the Fund to
20hire and train State Police officers and prevention of violent
21crime.
22    (d) The State Police Revocation Enforcement Fund is not
23subject to administrative chargebacks.
24    (e) Law enforcement agencies that participate in Firearm
25Owner's Identification Card revocation enforcement in the

 

 

SB2889- 24 -LRB102 17768 RLC 24011 b

1Violent Crime Intelligence Task Force may apply for grants
2from the Illinois State Police.
 
3    Section 20. The Firearm Owners Identification Card Act is
4amended by changing Sections 1.1, 3.1, 4, 5, 6, 7, 8.2, 8.3,
59.5, 10, 11, and 13.2 and by adding Sections 6.2, 7.5, 8.4, and
613.4 as follows:
 
7    (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)
8    Sec. 1.1. For purposes of this Act:
9    "Addicted to narcotics" means a person who has been:
10        (1) convicted of an offense involving the use or
11    possession of cannabis, a controlled substance, or
12    methamphetamine within the past year; or
13        (2) determined by the Department of State Police to be
14    addicted to narcotics based upon federal law or federal
15    guidelines.
16    "Addicted to narcotics" does not include possession or use
17of a prescribed controlled substance under the direction and
18authority of a physician or other person authorized to
19prescribe the controlled substance when the controlled
20substance is used in the prescribed manner.
21    "Adjudicated as a person with a mental disability" means
22the person is the subject of a determination by a court, board,
23commission or other lawful authority that the person, as a
24result of marked subnormal intelligence, or mental illness,

 

 

SB2889- 25 -LRB102 17768 RLC 24011 b

1mental impairment, incompetency, condition, or disease:
2        (1) presents a clear and present danger to himself,
3    herself, or to others;
4        (2) lacks the mental capacity to manage his or her own
5    affairs or is adjudicated a person with a disability as
6    defined in Section 11a-2 of the Probate Act of 1975;
7        (3) is not guilty in a criminal case by reason of
8    insanity, mental disease or defect;
9        (3.5) is guilty but mentally ill, as provided in
10    Section 5-2-6 of the Unified Code of Corrections;
11        (4) is incompetent to stand trial in a criminal case;
12        (5) is not guilty by reason of lack of mental
13    responsibility under Articles 50a and 72b of the Uniform
14    Code of Military Justice, 10 U.S.C. 850a, 876b;
15        (6) is a sexually violent person under subsection (f)
16    of Section 5 of the Sexually Violent Persons Commitment
17    Act;
18        (7) is a sexually dangerous person under the Sexually
19    Dangerous Persons Act;
20        (8) is unfit to stand trial under the Juvenile Court
21    Act of 1987;
22        (9) is not guilty by reason of insanity under the
23    Juvenile Court Act of 1987;
24        (10) is subject to involuntary admission as an
25    inpatient as defined in Section 1-119 of the Mental Health
26    and Developmental Disabilities Code;

 

 

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1        (11) is subject to involuntary admission as an
2    outpatient as defined in Section 1-119.1 of the Mental
3    Health and Developmental Disabilities Code;
4        (12) is subject to judicial admission as set forth in
5    Section 4-500 of the Mental Health and Developmental
6    Disabilities Code; or
7        (13) is subject to the provisions of the Interstate
8    Agreements on Sexually Dangerous Persons Act.
9    "Clear and present danger" means a person who:
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 provided in
21Section 1-103 of the Mental Health and Developmental
22Disabilities Code.
23    "Controlled substance" means a controlled substance or
24controlled substance analog as defined in the Illinois
25Controlled Substances Act.
26    "Counterfeit" means to copy or imitate, without legal

 

 

SB2889- 27 -LRB102 17768 RLC 24011 b

1authority, with intent to deceive.
2    "Federally licensed firearm dealer" means a person who is
3licensed as a federal firearms dealer under Section 923 of the
4federal Gun Control Act of 1968 (18 U.S.C. 923).
5    "Firearm" means any device, by whatever name known, which
6is designed to expel a projectile or projectiles by the action
7of an explosion, expansion of gas or escape of gas; excluding,
8however:
9        (1) any pneumatic gun, spring gun, paint ball gun, or
10    B-B gun which expels a single globular projectile not
11    exceeding .18 inch in diameter or which has a maximum
12    muzzle velocity of less than 700 feet per second;
13        (1.1) any pneumatic gun, spring gun, paint ball gun,
14    or B-B gun which expels breakable paint balls containing
15    washable marking colors;
16        (2) any device used exclusively for signalling or
17    safety and required or recommended by the United States
18    Coast Guard or the Interstate Commerce Commission;
19        (3) any device used exclusively for the firing of stud
20    cartridges, explosive rivets or similar industrial
21    ammunition; and
22        (4) an antique firearm (other than a machine-gun)
23    which, although designed as a weapon, the Department of
24    State Police finds by reason of the date of its
25    manufacture, value, design, and other characteristics is
26    primarily a collector's item and is not likely to be used

 

 

SB2889- 28 -LRB102 17768 RLC 24011 b

1    as a weapon.
2    "Firearm ammunition" means any self-contained cartridge or
3shotgun shell, by whatever name known, which is designed to be
4used or adaptable to use in a firearm; excluding, however:
5        (1) any ammunition exclusively designed for use with a
6    device used exclusively for signalling or safety and
7    required or recommended by the United States Coast Guard
8    or the Interstate Commerce Commission; and
9        (2) any ammunition designed exclusively for use with a
10    stud or rivet driver or other similar industrial
11    ammunition.
12    "Gun show" means an event or function:
13        (1) at which the sale and transfer of firearms is the
14    regular and normal course of business and where 50 or more
15    firearms are displayed, offered, or exhibited for sale,
16    transfer, or exchange; or
17        (2) at which not less than 10 gun show vendors
18    display, offer, or exhibit for sale, sell, transfer, or
19    exchange firearms.
20    "Gun show" includes the entire premises provided for an
21event or function, including parking areas for the event or
22function, that is sponsored to facilitate the purchase, sale,
23transfer, or exchange of firearms as described in this
24Section. Nothing in this definition shall be construed to
25exclude a gun show held in conjunction with competitive
26shooting events at the World Shooting Complex sanctioned by a

 

 

SB2889- 29 -LRB102 17768 RLC 24011 b

1national governing body in which the sale or transfer of
2firearms is authorized under subparagraph (5) of paragraph (g)
3of subsection (A) of Section 24-3 of the Criminal Code of 2012.
4    Unless otherwise expressly stated, "gun show" does not
5include training or safety classes, competitive shooting
6events, such as rifle, shotgun, or handgun matches, trap,
7skeet, or sporting clays shoots, dinners, banquets, raffles,
8or any other event where the sale or transfer of firearms is
9not the primary course of business.
10    "Gun show promoter" means a person who organizes or
11operates a gun show.
12    "Gun show vendor" means a person who exhibits, sells,
13offers for sale, transfers, or exchanges any firearms at a gun
14show, regardless of whether the person arranges with a gun
15show promoter for a fixed location from which to exhibit,
16sell, offer for sale, transfer, or exchange any firearm.
17    "Involuntarily admitted" has the meaning as prescribed in
18Sections 1-119 and 1-119.1 of the Mental Health and
19Developmental Disabilities Code.
20    "Mental health facility" means any licensed private
21hospital or hospital affiliate, institution, or facility, or
22part thereof, and any facility, or part thereof, operated by
23the State or a political subdivision thereof which provide
24treatment of persons with mental illness and includes all
25hospitals, institutions, clinics, evaluation facilities,
26mental health centers, colleges, universities, long-term care

 

 

SB2889- 30 -LRB102 17768 RLC 24011 b

1facilities, and nursing homes, or parts thereof, which provide
2treatment of persons with mental illness whether or not the
3primary purpose is to provide treatment of persons with mental
4illness.
5    "National governing body" means a group of persons who
6adopt rules and formulate policy on behalf of a national
7firearm sporting organization.
8    "Patient" means:
9        (1) a person who is admitted as an inpatient or
10    resident of a public or private mental health facility for
11    mental health treatment under Chapter III of the Mental
12    Health and Developmental Disabilities Code as an informal
13    admission, a voluntary admission, a minor admission, an
14    emergency admission, or an involuntary admission, unless
15    the treatment was solely for an alcohol abuse disorder; or
16        (2) a person who voluntarily or involuntarily receives
17    mental health treatment as an out-patient or is otherwise
18    provided services by a public or private mental health
19    facility, and who poses a clear and present danger to
20    himself, herself, or to others.
21    "Person with a developmental disability" means a person
22with a disability which is attributable to any other condition
23which results in impairment similar to that caused by an
24intellectual disability and which requires services similar to
25those required by persons with intellectual disabilities. The
26disability must originate before the age of 18 years, be

 

 

SB2889- 31 -LRB102 17768 RLC 24011 b

1expected to continue indefinitely, and constitute a
2substantial disability. This disability results, in the
3professional opinion of a physician, clinical psychologist, or
4qualified examiner, in significant functional limitations in 3
5or more of the following areas of major life activity:
6        (i) self-care;
7        (ii) receptive and expressive language;
8        (iii) learning;
9        (iv) mobility; or
10        (v) self-direction.
11    "Person with an intellectual disability" means a person
12with a significantly subaverage general intellectual
13functioning which exists concurrently with impairment in
14adaptive behavior and which originates before the age of 18
15years.
16    "Physician" has the meaning as defined in Section 1-120 of
17the Mental Health and Developmental Disabilities Code.
18    "Protective order" means any orders of protection issued
19under the Illinois Domestic Violence Act of 1986, stalking no
20contact orders issued under the Stalking No Contact Order Act,
21civil no contact orders issued under the Civil No Contact
22Order Act, and firearms restraining orders issued under the
23Firearms Restraining Order Act.
24    "Qualified examiner" has the meaning provided in Section
251-122 of the Mental Health and Developmental Disabilities
26Code.

 

 

SB2889- 32 -LRB102 17768 RLC 24011 b

1    "Sanctioned competitive shooting event" means a shooting
2contest officially recognized by a national or state shooting
3sport association, and includes any sight-in or practice
4conducted in conjunction with the event.
5    "School administrator" means the person required to report
6under the School Administrator Reporting of Mental Health
7Clear and Present Danger Determinations Law.
8    "Stun gun or taser" has the meaning ascribed to it in
9Section 24-1 of the Criminal Code of 2012.
10(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;
1199-642, eff. 7-28-16; 100-906, eff. 1-1-19.)
 
12    (430 ILCS 65/3.1)  (from Ch. 38, par. 83-3.1)
13    Sec. 3.1. Firearm Transfer Inquiry Program Dial up system.
14    (a) The Department of State Police shall provide a dial up
15telephone system or utilize other existing technology which
16shall be used by any federally licensed firearm dealer, gun
17show promoter, or gun show vendor who is to transfer a firearm,
18stun gun, or taser under the provisions of this Act. The
19Department of State Police may utilize existing technology
20which allows the caller to be charged a fee not to exceed $2.
21Fees collected by the Department of State Police shall be
22deposited in the State Police Services Fund and used to
23provide the service.
24    (b) Upon receiving a request from a federally licensed
25firearm dealer, gun show promoter, or gun show vendor, the

 

 

SB2889- 33 -LRB102 17768 RLC 24011 b

1Department of State Police shall immediately approve, or
2within the time period established by Section 24-3 of the
3Criminal Code of 2012 regarding the delivery of firearms, stun
4guns, and tasers notify the inquiring dealer, gun show
5promoter, or gun show vendor of any objection that would
6disqualify the transferee from acquiring or possessing a
7firearm, stun gun, or taser. In conducting the inquiry, the
8Department of State Police shall initiate and complete an
9automated search of its criminal history record information
10files and those of the Federal Bureau of Investigation,
11including the National Instant Criminal Background Check
12System, and of the files of the Department of Human Services
13relating to mental health and developmental disabilities to
14obtain any felony conviction or patient hospitalization
15information which would disqualify a person from obtaining or
16require revocation of a currently valid Firearm Owner's
17Identification Card.
18    (b-5) The Illinois State Police shall by rule provide a
19process for the automatic renewal of the Firearm Owner's
20Identification Card of a person at the time of a inquiry in
21subsection (b). Persons eligible for this process must have a
22set of fingerprints on file with their application pursuant to
23either subsection (a-25) of Section 4 or the Firearm Concealed
24Carry Act.
25    (c) If receipt of a firearm would not violate Section 24-3
26of the Criminal Code of 2012, federal law, or this Act the

 

 

SB2889- 34 -LRB102 17768 RLC 24011 b

1Department of State Police shall:
2        (1) assign a unique identification number to the
3    transfer; and
4        (2) provide the licensee, gun show promoter, or gun
5    show vendor with the number.
6    (d) Approvals issued by the Department of State Police for
7the purchase of a firearm are valid for 30 days from the date
8of issue.
9    (e) (1) The Department of State Police must act as the
10Illinois Point of Contact for the National Instant Criminal
11Background Check System.
12    (2) The Department of State Police and the Department of
13Human Services shall, in accordance with State and federal law
14regarding confidentiality, enter into a memorandum of
15understanding with the Federal Bureau of Investigation for the
16purpose of implementing the National Instant Criminal
17Background Check System in the State. The Department of State
18Police shall report the name, date of birth, and physical
19description of any person prohibited from possessing a firearm
20pursuant to the Firearm Owners Identification Card Act or 18
21U.S.C. 922(g) and (n) to the National Instant Criminal
22Background Check System Index, Denied Persons Files.
23    (3) The Department of State Police shall provide notice of
24the disqualification of a person under subsection (b) of this
25Section or the revocation of a person's Firearm Owner's
26Identification Card under Section 8 or Section 8.2 of this

 

 

SB2889- 35 -LRB102 17768 RLC 24011 b

1Act, and the reason for the disqualification or revocation, to
2all law enforcement agencies with jurisdiction to assist with
3the seizure of the person's Firearm Owner's Identification
4Card.
5    (f) The Department of State Police shall adopt rules not
6inconsistent with this Section to implement this system.
7(Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17.)
 
8    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
9    Sec. 4. Application for Firearm Owner's Identification
10Cards.
11    (a) Each applicant for a Firearm Owner's Identification
12Card must:
13        (1) Make application on blank forms prepared and
14    furnished at convenient locations throughout the State by
15    the Department of State Police, or by electronic means, if
16    and when made available by the Department of State Police;
17    and
18        (2) Submit evidence to the Department of State Police
19    that:
20            (i) This subparagraph (i) applies through the
21        180th day following the effective date of this
22        amendatory Act of the 101st General Assembly. He or
23        she is 21 years of age or over, or if he or she is
24        under 21 years of age that he or she has the written
25        consent of his or her parent or legal guardian to

 

 

SB2889- 36 -LRB102 17768 RLC 24011 b

1        possess and acquire firearms and firearm ammunition
2        and that he or she has never been convicted of a
3        misdemeanor other than a traffic offense or adjudged
4        delinquent, provided, however, that such parent or
5        legal guardian is not an individual prohibited from
6        having a Firearm Owner's Identification Card and files
7        an affidavit with the Department as prescribed by the
8        Department stating that he or she is not an individual
9        prohibited from having a Card;
10            (i-5) This subparagraph (i-5) applies on and after
11        the 181st day following the effective date of this
12        amendatory Act of the 101st General Assembly. He or
13        she is 21 years of age or over, or if he or she is
14        under 21 years of age that he or she has never been
15        convicted of a misdemeanor other than a traffic
16        offense or adjudged delinquent and is an active duty
17        member of the United States Armed Forces or has the
18        written consent of his or her parent or legal guardian
19        to possess and acquire firearms and firearm
20        ammunition, provided, however, that such parent or
21        legal guardian is not an individual prohibited from
22        having a Firearm Owner's Identification Card and files
23        an affidavit with the Department as prescribed by the
24        Department stating that he or she is not an individual
25        prohibited from having a Card or the active duty
26        member of the United States Armed Forces under 21

 

 

SB2889- 37 -LRB102 17768 RLC 24011 b

1        years of age annually submits proof to the Department
2        of State Police, in a manner prescribed by the
3        Department;
4            (ii) He or she has not been convicted of a felony
5        under the laws of this or any other jurisdiction;
6            (iii) He or she is not addicted to narcotics;
7            (iv) He or she has not been a patient in a mental
8        health facility within the past 5 years or, if he or
9        she has been a patient in a mental health facility more
10        than 5 years ago submit the certification required
11        under subsection (u) of Section 8 of this Act;
12            (v) He or she is not a person with an intellectual
13        disability;
14            (vi) He or she is not an alien who is unlawfully
15        present in the United States under the laws of the
16        United States;
17            (vii) He or she is not subject to an existing order
18        of protection prohibiting him or her from possessing a
19        firearm;
20            (viii) He or she has not been convicted within the
21        past 5 years of battery, assault, aggravated assault,
22        violation of an order of protection, or a
23        substantially similar offense in another jurisdiction,
24        in which a firearm was used or possessed;
25            (ix) He or she has not been convicted of domestic
26        battery, aggravated domestic battery, or a

 

 

SB2889- 38 -LRB102 17768 RLC 24011 b

1        substantially similar offense in another jurisdiction
2        committed before, on or after January 1, 2012 (the
3        effective date of Public Act 97-158). If the applicant
4        knowingly and intelligently waives the right to have
5        an offense described in this clause (ix) tried by a
6        jury, and by guilty plea or otherwise, results in a
7        conviction for an offense in which a domestic
8        relationship is not a required element of the offense
9        but in which a determination of the applicability of
10        18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of
11        the Code of Criminal Procedure of 1963, an entry by the
12        court of a judgment of conviction for that offense
13        shall be grounds for denying the issuance of a Firearm
14        Owner's Identification Card under this Section;
15            (x) (Blank);
16            (xi) He or she is not an alien who has been
17        admitted to the United States under a non-immigrant
18        visa (as that term is defined in Section 101(a)(26) of
19        the Immigration and Nationality Act (8 U.S.C.
20        1101(a)(26))), or that he or she is an alien who has
21        been lawfully admitted to the United States under a
22        non-immigrant visa if that alien is:
23                (1) admitted to the United States for lawful
24            hunting or sporting purposes;
25                (2) an official representative of a foreign
26            government who is:

 

 

SB2889- 39 -LRB102 17768 RLC 24011 b

1                    (A) accredited to the United States
2                Government or the Government's mission to an
3                international organization having its
4                headquarters in the United States; or
5                    (B) en route to or from another country to
6                which that alien is accredited;
7                (3) an official of a foreign government or
8            distinguished foreign visitor who has been so
9            designated by the Department of State;
10                (4) a foreign law enforcement officer of a
11            friendly foreign government entering the United
12            States on official business; or
13                (5) one who has received a waiver from the
14            Attorney General of the United States pursuant to
15            18 U.S.C. 922(y)(3);
16            (xii) He or she is not a minor subject to a
17        petition filed under Section 5-520 of the Juvenile
18        Court Act of 1987 alleging that the minor is a
19        delinquent minor for the commission of an offense that
20        if committed by an adult would be a felony;
21            (xiii) He or she is not an adult who had been
22        adjudicated a delinquent minor under the Juvenile
23        Court Act of 1987 for the commission of an offense that
24        if committed by an adult would be a felony;
25            (xiv) He or she is a resident of the State of
26        Illinois;

 

 

SB2889- 40 -LRB102 17768 RLC 24011 b

1            (xv) He or she has not been adjudicated as a person
2        with a mental disability;
3            (xvi) He or she has not been involuntarily
4        admitted into a mental health facility; and
5            (xvii) He or she is not a person with a
6        developmental disability; and
7        (3) Upon request by the Department of State Police,
8    sign a release on a form prescribed by the Department of
9    State Police waiving any right to confidentiality and
10    requesting the disclosure to the Department of State
11    Police of limited mental health institution admission
12    information from another state, the District of Columbia,
13    any other territory of the United States, or a foreign
14    nation concerning the applicant for the sole purpose of
15    determining whether the applicant is or was a patient in a
16    mental health institution and disqualified because of that
17    status from receiving a Firearm Owner's Identification
18    Card. No mental health care or treatment records may be
19    requested. The information received shall be destroyed
20    within one year of receipt.
21    (a-5) Each applicant for a Firearm Owner's Identification
22Card who is over the age of 18 shall furnish to the Department
23of State Police either his or her Illinois driver's license
24number or Illinois Identification Card number, except as
25provided in subsection (a-10).
26    (a-10) Each applicant for a Firearm Owner's Identification

 

 

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1Card, who is employed as a law enforcement officer, an armed
2security officer in Illinois, or by the United States Military
3permanently assigned in Illinois and who is not an Illinois
4resident, shall furnish to the Department of State Police his
5or her driver's license number or state identification card
6number from his or her state of residence. The Department of
7State Police may adopt rules to enforce the provisions of this
8subsection (a-10).
9    (a-15) If an applicant applying for a Firearm Owner's
10Identification Card moves from the residence address named in
11the application, he or she shall immediately notify in a form
12and manner prescribed by the Department of State Police of
13that change of address.
14    (a-20) Each applicant for a Firearm Owner's Identification
15Card shall furnish to the Department of State Police his or her
16photograph. An applicant who is 21 years of age or older
17seeking a religious exemption to the photograph requirement
18must furnish with the application an approved copy of United
19States Department of the Treasury Internal Revenue Service
20Form 4029. In lieu of a photograph, an applicant regardless of
21age seeking a religious exemption to the photograph
22requirement shall submit fingerprints on a form and manner
23prescribed by the Department with his or her application.
24    (a-25) Each applicant for the issuance of a Firearm
25Owner's Identification Card may include a full set of his or
26her fingerprints in electronic format to the Illinois State

 

 

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1Police, unless the applicant has previously provided a full
2set of his or her fingerprints to the Illinois State Police
3under this Act or the Firearm Concealed Carry Act.
4    The fingerprints must be transmitted through a live scan
5fingerprint vendor licensed by the Department of Financial and
6Professional Regulation. The fingerprints shall be checked
7against the fingerprint records now and hereafter filed in the
8Illinois State Police and Federal Bureau of Investigation
9criminal history records databases, including all available
10State and local criminal history record information files.
11    The Illinois State Police shall charge applicants a
12one-time fee for conducting the criminal history record check,
13which shall be deposited into the State Police Services Fund
14and shall not exceed the actual cost of the State and national
15criminal history record check.
16    (a-26) The Illinois State Police shall research, explore,
17and report to the General Assembly by January 1, 2022 on the
18feasibility of permitting voluntarily submitted fingerprints
19obtained for purposes other than Firearm Owner's
20Identification Card enforcement that are contained in the
21Illinois State Police database for purposes of this Act.
22    (b) Each application form shall include the following
23statement printed in bold type: "Warning: Entering false
24information on an application for a Firearm Owner's
25Identification Card is punishable as a Class 2 felony in
26accordance with subsection (d-5) of Section 14 of the Firearm

 

 

SB2889- 43 -LRB102 17768 RLC 24011 b

1Owners Identification Card Act.".
2    (c) Upon such written consent, pursuant to Section 4,
3paragraph (a)(2)(i), the parent or legal guardian giving the
4consent shall be liable for any damages resulting from the
5applicant's use of firearms or firearm ammunition.
6(Source: P.A. 101-80, eff. 7-12-19.)
 
7    (430 ILCS 65/5)  (from Ch. 38, par. 83-5)
8    Sec. 5. Application and renewal.
9    (a) The Department of State Police shall either approve or
10deny all applications within 30 days from the date they are
11received, except as provided in subsections (b) and (c)
12subsection (b) of this Section, and every applicant found
13qualified under Section 8 of this Act by the Department shall
14be entitled to a Firearm Owner's Identification Card upon the
15payment of a $10 fee and applicable processing fees. The
16processing fees shall be limited to charges by the State
17Treasurer for using the electronic online payment system. Any
18applicant who is an active duty member of the Armed Forces of
19the United States, a member of the Illinois National Guard, or
20a member of the Reserve Forces of the United States is exempt
21from the application fee. $5 of each fee derived from the
22issuance of a Firearm Owner's Identification Card or renewals,
23thereof, shall be deposited in the State Police Firearm
24Services Fund and $5 into the State Police Revocation
25Enforcement Fund $6 of each fee derived from the issuance of

 

 

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1Firearm Owner's Identification Cards, or renewals thereof,
2shall be deposited in the Wildlife and Fish Fund in the State
3Treasury; $1 of the fee shall be deposited in the State Police
4Services Fund and $3 of the fee shall be deposited in the State
5Police Firearm Services Fund.
6    (b) Renewal applications shall be approved or denied
7within 60 business days, provided the applicant submitted his
8or her renewal application prior to the expiration of his or
9her Firearm Owner's Identification Card. If a renewal
10application has been submitted prior to the expiration date of
11the applicant's Firearm Owner's Identification Card, the
12Firearm Owner's Identification Card shall remain valid while
13the Department processes the application, unless the person is
14subject to or becomes subject to revocation under this Act.
15The cost for a renewal application shall be $10 of which $5 of
16each fee derived from the issuance of a Firearm Owner's
17Identification Card or renewals, thereof, shall be deposited
18in the State Police Firearm Services Fund and $5 into the State
19Police Revocation Enforcement Fund shall be deposited into the
20State Police Firearm Services Fund.
21    (c) If the Firearm Owner's Identification Card of a
22licensee under the Firearm Concealed Carry Act expires during
23the term of the licensee's concealed carry license, the
24Firearm Owner's Identification Card and the license remain
25valid and the licensee does not have to renew his or her
26Firearm Owner's Identification Card during the duration of the

 

 

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1concealed carry license. Unless the Illinois State Police has
2reason to believe the licensee is no longer eligible for the
3card, the Illinois State Police may automatically renew the
4licensee's Firearm Owner's Identification Card and send a
5renewed Firearm Owner's Identification Card to the licensee.
6    (d) The Illinois State Police may adopt rules concerning
7the use of voluntarily submitted fingerprints, as allowed by
8State and federal law.
9(Source: P.A. 100-906, eff. 1-1-19.)
 
10    (430 ILCS 65/6)  (from Ch. 38, par. 83-6)
11    Sec. 6. Contents of Firearm Owner's Identification Card.
12    (a) A Firearm Owner's Identification Card, issued by the
13Department of State Police at such places as the Director of
14the Department shall specify, shall contain the applicant's
15name, residence, date of birth, sex, physical description,
16recent photograph, except as provided in subsection (c-5), and
17signature. Each Firearm Owner's Identification Card must have
18the Firearm Owner's Identification Card number expiration date
19boldly and conspicuously displayed on the face of the card.
20Each Firearm Owner's Identification Card must have printed on
21it the following: "CAUTION - This card does not permit bearer
22to UNLAWFULLY carry or use firearms." Before December 1, 2002,
23the Department may use a person's digital photograph and
24signature from his or her Illinois driver's license or
25Illinois Identification Card, if available. On and after

 

 

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1December 1, 2002, the Department shall use a person's digital
2photograph and signature from his or her Illinois driver's
3license or Illinois Identification Card, if available. The
4Department shall decline to use a person's digital photograph
5or signature if the digital photograph or signature is the
6result of or associated with fraudulent or erroneous data,
7unless otherwise provided by law.
8    (b) A person applying for a Firearm Owner's Identification
9Card shall consent to the Department of State Police using the
10applicant's digital driver's license or Illinois
11Identification Card photograph, if available, and signature on
12the applicant's Firearm Owner's Identification Card. The
13Secretary of State shall allow the Department of State Police
14access to the photograph and signature for the purpose of
15identifying the applicant and issuing to the applicant a
16Firearm Owner's Identification Card.
17    (c) The Secretary of State shall conduct a study to
18determine the cost and feasibility of creating a method of
19adding an identifiable code, background, or other means on the
20driver's license or Illinois Identification Card to show that
21an individual is not disqualified from owning or possessing a
22firearm under State or federal law. The Secretary shall report
23the findings of this study 12 months after the effective date
24of this amendatory Act of the 92nd General Assembly.
25    (c-5) If a person qualifies for a photograph exemption, in
26lieu of a photograph, the Firearm Owner's Identification Card

 

 

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1shall contain a copy of the card holder's fingerprints. Each
2Firearm Owner's Identification Card described in this
3subsection (c-5) must have printed on it the following: "This
4card is only valid for firearm purchases through a federally
5licensed firearms dealer when presented with photographic
6identification, as prescribed by 18 U.S.C. 922(t)(1)(C)."
7(Source: P.A. 97-1131, eff. 1-1-13.)
 
8    (430 ILCS 65/6.2 new)
9    Sec. 6.2. Electronic Firearm Owner's Identification Cards.
10The Illinois State Police may develop a system under which the
11holder of a Firearm Owner's Identification Card may display an
12electronic version of his or her Firearm Owner's
13Identification Card on a mobile telephone or other portable
14electronic device. An electronic version of a Firearm Owner's
15Identification Card shall contain security features the
16Illinois State Police determines to be necessary to ensure
17that the electronic version is accurate and current and shall
18satisfy other requirements the Illinois State Police
19determines to be necessary regarding form and content. The
20display or possession of an electronic version of a valid
21Firearm Owner's Identification Card in accordance with the
22requirements of the Illinois State Police satisfies all
23requirements for the display or possession of a valid Firearm
24Owner's Identification Card under the laws of this State. The
25possession or display of an electronic Firearm Owner's

 

 

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1Identification Card on a mobile telephone or other portable
2electronic device does not constitute consent for a law
3enforcement officer, court, or other officer of the court to
4access other contents of the mobile telephone or other
5portable electronic device. The Illinois State Police may
6adopt rules to implement this Section.
 
7    (430 ILCS 65/7)  (from Ch. 38, par. 83-7)
8    Sec. 7. Validity of Firearm Owner's Identification Card.
9    (a) Except as provided in Section 8 of this Act or
10elsewhere in subsection (b) of this Section, a Firearm Owner's
11Identification Card issued under the provisions of this Act
12shall be valid for the person to whom it is issued for a period
13of 10 years from the date of issuance. Unless the person no
14longer meets the requirements or becomes subject to suspension
15or revocation under this Act, a card issued pursuant to an
16application made as provided in subsection (a-25) of Section 4
17shall remain valid if the person meets the requirements of
18subsection (b-5) of Section 3.1.
19    (b) If a renewal application is submitted to the
20Department before the expiration date of the applicant's
21current Firearm Owner's Identification Card, the Firearm
22Owner's Identification Card shall remain valid for a period of
2360 business days, unless the person is subject to or becomes
24subject to revocation under this Act. Unless the person no
25longer meets the requirements or becomes subject to suspension

 

 

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1or revocation under this Act, a card issued pursuant to a
2renewal application made as provided in subsection (a-25) of
3Section 4 shall remain valid if the person meets the
4implementation requirements of Section 3.1.
5    (c) If the Firearm Owner's Identification Card of a
6licensee under the Firearm Concealed Carry Act expires during
7the term of the licensee's concealed carry license, the
8Firearm Owner's Identification Card and the license remain
9valid during the validity of the concealed carry license and
10the licensee does not have to renew his or her Firearm Owner's
11Identification Card, if the Firearm Owner's Identification
12Card has not been otherwise renewed as provided in this Act.
13Unless the Illinois State Police has reason to believe the
14licensee is no longer eligible for the card, the Illinois
15State Police may automatically renew the licensee's Firearm
16Owner's Identification Card and send a renewed Firearm Owner's
17Identification Card to the licensee.
18(Source: P.A. 100-906, eff. 1-1-19.)
 
19    (430 ILCS 65/7.5 new)
20    Sec. 7.5. Email notifications. A person subject to this
21Act may notify the Illinois State Police upon application or
22at any time thereafter that he or she would like to receive
23correspondence from the Department via email rather than by
24mail. A person subject to this Act may notify the Illinois
25State Police upon application or at any time thereafter that

 

 

SB2889- 50 -LRB102 17768 RLC 24011 b

1he or she would like to receive correspondence from the
2Illinois State Police via email rather than by mail.
 
3    (430 ILCS 65/8.2)
4    Sec. 8.2. Firearm Owner's Identification Card denial,
5suspension, or revocation. The Department of State Police
6shall deny an application or shall suspend or revoke and seize
7a Firearm Owner's Identification Card previously issued under
8this Act if the Department finds that the applicant or person
9to whom such card was issued is or was at the time of issuance
10subject to a protective order an existing order of protection ,
11or firearms restraining order, stalking no contact order, or
12civil no contact order. When the duration of the protective
13order is expected to be less than one year, the Illinois State
14Police shall suspend the Firearm Owner's Identification Card
15pursuant to Section 8.3 of this Act and shall reinstate it upon
16conclusion of the suspension if no other grounds for denial or
17revocation are found pursuant to Section 8.
18(Source: P.A. 100-607, eff. 1-1-19.)
 
19    (430 ILCS 65/8.3)
20    Sec. 8.3. Suspension of Firearm Owner's Identification
21Card. The Department of State Police may suspend , by rule in a
22manner consistent with the Department's rules concerning
23revocation, provide for the suspension of the Firearm Owner's
24Identification Card of a person whose Firearm Owner's

 

 

SB2889- 51 -LRB102 17768 RLC 24011 b

1Identification Card is subject to revocation and seizure under
2this Act for the duration of the disqualification if the
3disqualification is not a permanent grounds for revocation of
4a Firearm Owner's Identification Card under this Act. The
5Illinois State Police may adopt rules necessary to implement
6this Section.
7(Source: P.A. 100-607, eff. 1-1-19; 100-906, eff. 1-1-19.)
 
8    (430 ILCS 65/8.4 new)
9    Sec. 8.4. Cancellation of Firearm Owner's Identification
10Card. The Illinois State Police may cancel a Firearm Owner's
11Identification Card if a person is not prohibited by State or
12federal law from acquiring or possessing a firearm or firearm
13ammunition and the sole purpose is for an administrative
14reason. This includes, at the request of the Firearm Owner's
15Identification Card holder, a person who surrenders his or her
16Illinois driver's license or Illinois Identification Card to
17another jurisdiction, or a person's Firearm Owner's
18Identification Card is reported as lost, stolen, or destroyed.
19The Illinois State Police may adopt rules necessary to
20implement this Section.
 
21    (430 ILCS 65/9.5)
22    Sec. 9.5. Revocation of Firearm Owner's Identification
23Card.
24    (a) A person who receives a revocation notice under

 

 

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1Section 9 of this Act shall, within 48 hours of receiving
2notice of the revocation:
3        (1) surrender his or her Firearm Owner's
4    Identification Card to the local law enforcement agency
5    where the person resides or . The local law enforcement
6    agency shall provide the person a receipt and transmit the
7    Firearm Owner's Identification Card to the Department of
8    State Police; and
9        (2) complete a Firearm Disposition Record on a form
10    prescribed by the Department of State Police and place his
11    or her firearms in the location or with the person
12    reported in the Firearm Disposition Record. The form shall
13    require the person to disclose:
14            (A) the make, model, and serial number of each
15        firearm owned by or under the custody and control of
16        the revoked person;
17            (B) the location where each firearm will be
18        maintained during the prohibited term; and
19            (C) if any firearm will be transferred to the
20        custody of another person, the name, address and
21        Firearm Owner's Identification Card number of the
22        transferee; and .
23            (D) to whom his or her Firearm Owner's
24        Identification Card was surrendered.
25        Once completed, the person shall retain a copy and
26    provide a copy of the Firearm Disposition Record to the

 

 

SB2889- 53 -LRB102 17768 RLC 24011 b

1    Illinois State Police.
2    (b) Surrendered Firearm Owner's Identification Cards shall
3be destroyed by the law enforcement agency receiving the
4cards. The local law enforcement agency shall provide a copy
5of the Firearm Disposition Record to the person whose Firearm
6Owner's Identification Card has been revoked and to the
7Department of State Police.
8     (b-5) If a court orders the surrender of a Firearms
9Owner's Identification Card and accepts receipt of the Card,
10the court shall destroy the Card and direct the person whose
11Firearm Owner's Identification Card has been surrendered to
12comply with paragraph (2) of subsection (a).
13    (b-10) If the person whose Firearm Owner's Identification
14Card has been revoked has either lost or destroyed the Card,
15the person must still comply with paragraph (2) of subsection
16(a).
17    (b-15) A notation shall be made in the portal created
18under Section 2605-304 of the Department of State Police Law
19of the Civil Administrative Code of Illinois that the revoked
20Firearm Owner's Identification Card has been destroyed.
21    (c) If the person whose Firearm Owner's Identification
22Card has been revoked fails to comply with the requirements of
23this Section, the sheriff or law enforcement agency where the
24person resides may petition the circuit court to issue a
25warrant to search for and seize the Firearm Owner's
26Identification Card and firearms in the possession or under

 

 

SB2889- 54 -LRB102 17768 RLC 24011 b

1the custody or control of the person whose Firearm Owner's
2Identification Card has been revoked.
3    (d) A violation of subsection (a) of this Section is a
4Class A misdemeanor.
5    (e) The observation of a Firearm Owner's Identification
6Card in the possession of a person whose Firearm Owner's
7Identification Card has been revoked constitutes a sufficient
8basis for the arrest of that person for violation of this
9Section.
10    (f) Within 30 days after the effective date of this
11amendatory Act of the 98th General Assembly, the Department of
12State Police shall provide written notice of the requirements
13of this Section to persons whose Firearm Owner's
14Identification Cards have been revoked, suspended, or expired
15and who have failed to surrender their cards to the
16Department.
17    (g) A person whose Firearm Owner's Identification Card has
18been revoked and who received notice under subsection (f)
19shall comply with the requirements of this Section within 48
20hours of receiving notice.
21(Source: P.A. 98-63, eff. 7-9-13.)
 
22    (430 ILCS 65/10)  (from Ch. 38, par. 83-10)
23    Sec. 10. Appeals Appeal to director; hearing; relief from
24firearm prohibitions.
25    (a) Whenever an application for a Firearm Owner's

 

 

SB2889- 55 -LRB102 17768 RLC 24011 b

1Identification Card is denied, whenever the Illinois State
2Police Department fails to act on an application within 30
3days of its receipt, or whenever such a Card is revoked or
4seized as provided for in Section 8 of this Act, the aggrieved
5party may appeal to the Firearm Owner's Identification Card
6Review Board Director of State Police for a hearing upon such
7denial, revocation or seizure, unless the denial, revocation,
8or seizure was based upon a forcible felony, stalking,
9aggravated stalking, domestic battery, any violation of the
10Illinois Controlled Substances Act, the Methamphetamine
11Control and Community Protection Act, or the Cannabis Control
12Act that is classified as a Class 2 or greater felony, any
13felony violation of Article 24 of the Criminal Code of 1961 or
14the Criminal Code of 2012, or any adjudication as a delinquent
15minor for the commission of an offense that if committed by an
16adult would be a felony, in which case the aggrieved party may
17petition the circuit court in writing in the county of his or
18her residence for a hearing upon such denial, revocation, or
19seizure.
20    (a-5) There is created within the Illinois State Police a
21Firearm Owner's Identification Card Review Board to consider
22any appeal under subsection (a), other than an appeal directed
23to the circuit court.
24        (1) The Board shall consist of 7 members appointed by
25    the Governor, with the advice and consent of the Senate,
26    with 3 members residing within the First Judicial District

 

 

SB2889- 56 -LRB102 17768 RLC 24011 b

1    and one member residing within each of the 4 remaining
2    Judicial Districts. No more than 4 members shall be
3    members of the same political party. The Governor shall
4    designate one member as the chairperson. The Board shall
5    consist of:
6            (A) one member with at least 5 years of service as
7        a federal or State judge;
8            (B) two members with at least 5 years of
9        experience serving as an attorney with the United
10        States Department of Justice, or as a State's Attorney
11        or Assistant State's Attorney;
12            (C) three members with at least 5 years of
13        experience as a federal, State, or local law
14        enforcement agent or as an employee with investigative
15        experience or duties related to criminal justice under
16        the United States Department of Justice, Drug
17        Enforcement Administration, Department of Homeland
18        Security, Federal Bureau of Investigation, or a State
19        or local law enforcement agency; and
20            (D) one member with at least 5 years of experience
21        as a licensed physician or clinical psychologist with
22        expertise in the diagnosis and treatment of mental
23        illness.
24        (2) The terms of the members initially appointed after
25    the effective date of this amendatory Act of the 102nd
26    General Assembly shall be as follows: one of the initial

 

 

SB2889- 57 -LRB102 17768 RLC 24011 b

1    members shall be appointed for a term of one year, 3 shall
2    be appointed for terms of 2 years, and 3 shall be appointed
3    for terms of 4 years. Thereafter, members shall hold
4    office for 4 years, with terms expiring on the second
5    Monday in January immediately following the expiration of
6    their terms and every 4 years thereafter. Members may be
7    reappointed. Vacancies in the office of member shall be
8    filled in the same manner as the original appointment, for
9    the remainder of the unexpired term. The Governor may
10    remove a member for incompetence, neglect of duty,
11    malfeasance, or inability to serve. Members shall receive
12    compensation in an amount equal to the compensation of
13    members of the Executive Ethics Commission and may be
14    reimbursed, from funds appropriated for such a purpose,
15    for reasonable expenses actually incurred in the
16    performance of their Board duties. The Illinois State
17    Police shall designate an employee to serve as Executive
18    Director of the Board and provide logistical and
19    administrative assistance to the Board.
20        (3) The Board shall meet at least quarterly each year
21    and at the call of the chairperson as often as necessary to
22    consider appeals of decisions made with respect to
23    applications for a Firearm Owner's Identification Card
24    under this Act. If necessary to ensure the participation
25    of a member, the Board shall allow a member to participate
26    in a Board meeting by electronic communication. Any member

 

 

SB2889- 58 -LRB102 17768 RLC 24011 b

1    participating electronically shall be deemed present for
2    purposes of establishing a quorum and voting.
3        (4) The Board shall adopt rules for the review of
4    appeals and the conduct of hearings. The Board shall
5    maintain a record of its decisions and all materials
6    considered in making its decisions. All Board decisions
7    and voting records shall be kept confidential and all
8    materials considered by the Board shall be exempt from
9    inspection except upon order of a court.
10        (5) In considering an appeal, the Board shall review
11    the materials received concerning the denial, suspension,
12    or revocation by the Illinois State Police. By a vote of at
13    least 4 members, the Board may request additional
14    information from the Illinois State Police or the
15    applicant or the testimony of the Illinois State Police or
16    the applicant. The Board may require that the applicant
17    submit electronic fingerprints to the Illinois State
18    Police for an updated background check if the Board
19    determines it lacks sufficient information to determine
20    eligibility. The Board may consider information submitted
21    by the Illinois State Police, a law enforcement agency, or
22    the applicant. The Board shall review each denial,
23    suspension, or revocation and determine by a majority of
24    members whether an applicant is eligible for a Firearm
25    Owner's Identification Card.
26        (6) The Board shall issue a decision within 45

 

 

SB2889- 59 -LRB102 17768 RLC 24011 b

1    business days of receiving all completed appeal documents
2    from the Illinois State Police and the applicant. However,
3    the Board need not issue a decision within 45 business
4    days if:
5            (A) the Board requests information from the
6        applicant, including, but not limited to, electronic
7        fingerprints to be submitted to the Illinois State
8        Police, in accordance with paragraph (5) of this
9        subsection, in which case the Board shall make a
10        decision within 30 days of receipt of the required
11        information from the applicant;
12            (B) the applicant agrees, in writing, to allow the
13        Board additional time to consider an appeal; or
14            (C) the Board notifies the applicant and the
15        Illinois State Police that the Board needs an
16        additional 30 days to issue a decision.
17        (7) If the Board determines by a preponderance of the
18    evidence that the applicant fails to meet the eligibility
19    requirements or is a prohibited person under State or
20    federal law, poses a danger to himself or herself or
21    others, or is a threat to public safety, then the Board
22    shall affirm the denial, suspension, or revocation and
23    shall notify the applicant and the Illinois State Police
24    that the applicant is ineligible for a Firearm Owner's
25    Identification Card. If the Board does not determine by a
26    preponderance of the evidence that the applicant fails to

 

 

SB2889- 60 -LRB102 17768 RLC 24011 b

1    meet the eligibility requirements or is a prohibited
2    person under State or federal law, poses a danger to
3    himself or herself or others, or is a threat to public
4    safety, then the Board shall notify the applicant and the
5    Illinois State Police that the applicant is eligible for a
6    Firearm Owner's Identification Card.
7        (8) Meetings of the Board shall not be subject to the
8    Open Meetings Act and records of the Board shall not be
9    subject to the Freedom of Information Act.
10        (9) The Board shall report monthly to the Governor and
11    the General Assembly on the number of appeals received and
12    provide details of the circumstances in which the Board
13    has determined to deny Firearm Owner's Identification
14    Cards under this subsection (a-5). The report shall not
15    contain any identifying information about the applicants.
16    (b) At least 30 days before any hearing in the circuit
17court, the petitioner shall serve the relevant State's
18Attorney with a copy of the petition. The State's Attorney may
19object to the petition and present evidence. At the hearing,
20the court shall determine whether substantial justice has been
21done. Should the court determine that substantial justice has
22not been done, the court shall issue an order directing the
23Illinois Department of State Police to issue a Card. However,
24the court shall not issue the order if the petitioner is
25otherwise prohibited from obtaining, possessing, or using a
26firearm under federal law.

 

 

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1    (c) Any person prohibited from possessing a firearm under
2Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
3acquiring a Firearm Owner's Identification Card under Section
48 of this Act may apply to the Firearm Owner's Identification
5Card Review Board Director of State Police or petition the
6circuit court in the county where the petitioner resides,
7whichever is applicable in accordance with subsection (a) of
8this Section, requesting relief from such prohibition and the
9Board Director or court may grant such relief if it is
10established by the applicant to the court's or the Board's
11Director's satisfaction that:
12        (0.05) when in the circuit court, the State's Attorney
13    has been served with a written copy of the petition at
14    least 30 days before any such hearing in the circuit court
15    and at the hearing the State's Attorney was afforded an
16    opportunity to present evidence and object to the
17    petition;
18        (1) the applicant has not been convicted of a forcible
19    felony under the laws of this State or any other
20    jurisdiction within 20 years of the applicant's
21    application for a Firearm Owner's Identification Card, or
22    at least 20 years have passed since the end of any period
23    of imprisonment imposed in relation to that conviction;
24        (2) the circumstances regarding a criminal conviction,
25    where applicable, the applicant's criminal history and his
26    reputation are such that the applicant will not be likely

 

 

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1    to act in a manner dangerous to public safety;
2        (3) granting relief would not be contrary to the
3    public interest; and
4        (4) granting relief would not be contrary to federal
5    law.
6    (c-5) (1) An active law enforcement officer employed by a
7unit of government, who is denied, revoked, or has his or her
8Firearm Owner's Identification Card seized under subsection
9(e) of Section 8 of this Act may apply to the Firearm Owner's
10Identification Card Review Board Director of State Police
11requesting relief if the officer did not act in a manner
12threatening to the officer, another person, or the public as
13determined by the treating clinical psychologist or physician,
14and as a result of his or her work is referred by the employer
15for or voluntarily seeks mental health evaluation or treatment
16by a licensed clinical psychologist, psychiatrist, or
17qualified examiner, and:
18        (A) the officer has not received treatment
19    involuntarily at a mental health facility, regardless of
20    the length of admission; or has not been voluntarily
21    admitted to a mental health facility for more than 30 days
22    and not for more than one incident within the past 5 years;
23    and
24        (B) the officer has not left the mental institution
25    against medical advice.
26    (2) The Firearm Owner's Identification Card Review Board

 

 

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1Director of State Police shall grant expedited relief to
2active law enforcement officers described in paragraph (1) of
3this subsection (c-5) upon a determination by the Board
4Director that the officer's possession of a firearm does not
5present a threat to themselves, others, or public safety. The
6Board Director shall act on the request for relief within 30
7business days of receipt of:
8        (A) a notarized statement from the officer in the form
9    prescribed by the Board Director detailing the
10    circumstances that led to the hospitalization;
11        (B) all documentation regarding the admission,
12    evaluation, treatment and discharge from the treating
13    licensed clinical psychologist or psychiatrist of the
14    officer;
15        (C) a psychological fitness for duty evaluation of the
16    person completed after the time of discharge; and
17        (D) written confirmation in the form prescribed by the
18    Board Director from the treating licensed clinical
19    psychologist or psychiatrist that the provisions set forth
20    in paragraph (1) of this subsection (c-5) have been met,
21    the person successfully completed treatment, and their
22    professional opinion regarding the person's ability to
23    possess firearms.
24    (3) Officers eligible for the expedited relief in
25paragraph (2) of this subsection (c-5) have the burden of
26proof on eligibility and must provide all information

 

 

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1required. The Board Director may not consider granting
2expedited relief until the proof and information is received.
3    (4) "Clinical psychologist", "psychiatrist", and
4"qualified examiner" shall have the same meaning as provided
5in Chapter I of the Mental Health and Developmental
6Disabilities Code.
7    (c-10) (1) An applicant, who is denied, revoked, or has
8his or her Firearm Owner's Identification Card seized under
9subsection (e) of Section 8 of this Act based upon a
10determination of a developmental disability or an intellectual
11disability may apply to the Firearm Owner's Identification
12Card Review Board Director of State Police requesting relief.
13    (2) The Board Director shall act on the request for relief
14within 60 business days of receipt of written certification,
15in the form prescribed by the Board Director, from a physician
16or clinical psychologist, or qualified examiner, that the
17aggrieved party's developmental disability or intellectual
18disability condition is determined by a physician, clinical
19psychologist, or qualified to be mild. If a fact-finding
20conference is scheduled to obtain additional information
21concerning the circumstances of the denial or revocation, the
2260 business days the Director has to act shall be tolled until
23the completion of the fact-finding conference.
24    (3) The Board Director may grant relief if the aggrieved
25party's developmental disability or intellectual disability is
26mild as determined by a physician, clinical psychologist, or

 

 

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1qualified examiner and it is established by the applicant to
2the Board's Director's satisfaction that:
3        (A) granting relief would not be contrary to the
4    public interest; and
5        (B) granting relief would not be contrary to federal
6    law.
7    (4) The Board Director may not grant relief if the
8condition is determined by a physician, clinical psychologist,
9or qualified examiner to be moderate, severe, or profound.
10    (5) The changes made to this Section by Public Act 99-29
11this amendatory Act of the 99th General Assembly apply to
12requests for relief pending on or before July 10, 2015 (the
13effective date of Public Act 99-29) this amendatory Act,
14except that the 60-day period for the Director to act on
15requests pending before the effective date shall begin on July
1610, 2015 (the effective date of Public Act 99-29) this
17amendatory Act.
18    (d) When a minor is adjudicated delinquent for an offense
19which if committed by an adult would be a felony, the court
20shall notify the Illinois Department of State Police.
21    (e) The court shall review the denial of an application or
22the revocation of a Firearm Owner's Identification Card of a
23person who has been adjudicated delinquent for an offense that
24if committed by an adult would be a felony if an application
25for relief has been filed at least 10 years after the
26adjudication of delinquency and the court determines that the

 

 

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

 

 

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1subsection or by order of a court under this Section, the
2Director shall as soon as practicable but in no case later than
315 business days, update, correct, modify, or remove the
4person's record in any database that the Illinois Department
5of State Police makes available to the National Instant
6Criminal Background Check System and notify the United States
7Attorney General that the basis for the record being made
8available no longer applies. The Illinois Department of State
9Police shall adopt rules for the administration of this
10Section.
11(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78,
12eff. 7-20-15.)
 
13    (430 ILCS 65/11)  (from Ch. 38, par. 83-11)
14    Sec. 11. Judicial review of final administrative
15decisions.
16    (a) All final administrative decisions of the Firearm
17Owner's Identification Card Review Board Department under this
18Act, except final administrative decisions of the Firearm
19Owner's Identification Card Review Board Director of State
20Police to deny a person's application for relief under
21subsection (f) of Section 10 of this Act, shall be subject to
22judicial review under the provisions of the Administrative
23Review Law, and all amendments and modifications thereof, and
24the rules adopted pursuant thereto. The term "administrative
25decision" is defined as in Section 3-101 of the Code of Civil

 

 

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1Procedure.
2    (b) Any final administrative decision by the Firearm
3Owner's Identification Card Review Board Director of State
4Police to deny a person's application for relief under
5subsection (f) of Section 10 of this Act is subject to de novo
6judicial review by the circuit court, and any party may offer
7evidence that is otherwise proper and admissible without
8regard to whether that evidence is part of the administrative
9record.
10    (c) The Firearm Owner's Identification Card Review Board
11Director of State Police shall submit a report to the General
12Assembly on March 1 of each year, beginning March 1, 1991,
13listing all final decisions by a court of this State
14upholding, reversing, or reversing in part any administrative
15decision made by the Department of State Police.
16(Source: P.A. 97-1131, eff. 1-1-13.)
 
17    (430 ILCS 65/13.2)  (from Ch. 38, par. 83-13.2)
18    Sec. 13.2. Renewal; name, photograph, or address change;
19replacement card. The Department of State Police shall, 60
20days prior to the expiration of a Firearm Owner's
21Identification Card, forward by first class mail to each
22person whose card is to expire a notification of the
23expiration of the card and instructions for renewal. It is the
24obligation of the holder of a Firearm Owner's Identification
25Card to notify the Department of State Police of any address

 

 

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1change since the issuance of the Firearm Owner's
2Identification Card. The Illinois State Police may update the
3applicant and card holders address based upon records in the
4Secretary of State Driver's License or Illinois Identification
5Card records of applicants who do not have driver's licenses.
6Whenever any person moves from the residence address named on
7his or her card, the person shall within 21 calendar days
8thereafter notify in a form and manner prescribed by the
9Department of his or her old and new residence addresses and
10the card number held by him or her. Any person whose legal name
11has changed from the name on the card that he or she has been
12previously issued must apply for a corrected card within 30
13calendar days after the change. The cost for an updated or a
14corrected card shall be $5. The cost for replacement of a card
15which has been lost, destroyed, or stolen shall be $5 if the
16loss, destruction, or theft of the card is reported to the
17Department of State Police. The fees collected under this
18Section shall be deposited into the State Police Firearm
19Services Fund.
20(Source: P.A. 100-906, eff. 1-1-19.)
 
21    (430 ILCS 65/13.4 new)
22    Sec. 13.4. Illinois State Police; rule making authority.
23The Illinois State Police shall by rule adopt the following
24procedures:
25    (1) When a person who possesses a valid Firearm Owner's

 

 

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1Identification Card applies for and is approved for a
2concealed carry license, the valid Firearm Owner's
3Identification Card is renewed for 10 years from the time of
4approval instead of 10 years from the date of the original
5card.
6    (2) If a person is eligible for both a Firearm Owner's
7Identification Card and a concealed carry license, the
8Illinois State Police shall by rule create one card that may be
9used as both a Firearm Owner's Identification Card and a
10concealed carry license. A combined Firearm Owner's
11Identification Card and concealed carry license shall be
12considered a valid card for the purposes of this Act. The
13Illinois State Police shall adopt rules to implement this
14Section.
15    (3) The Illinois State Police may waive the Firearm
16Owner's Identification Card application fee for the purposes
17of paragraphs (1) and (2).
 
18    Section 25. The Firearm Concealed Carry Act is amended by
19changing Sections 20, 30 and 70 and by adding Sections 10.5 and
2010.6 as follows:
 
21    (430 ILCS 66/10.5 new)
22    Sec. 10.5. Electronic concealed carry licenses. The
23Illinois State Police may develop a system under which the
24holder of a concealed carry license may display an electronic

 

 

SB2889- 71 -LRB102 17768 RLC 24011 b

1version of his or her license on a mobile telephone or other
2portable electronic device. An electronic version of a
3concealed carry license shall contain security features the
4Illinois State Police determines to be necessary to ensure
5that the electronic version is accurate and current and shall
6satisfy other requirements the Illinois State Police
7determines to be necessary regarding form and content. The
8display or possession of an electronic version of a valid
9concealed carry license in accordance with the requirements of
10the Illinois State Police satisfies all requirements for the
11display or possession of a valid concealed carry license under
12the laws of this State. The possession or display of an
13electronic concealed carry license on a mobile telephone or
14other portable electronic device does not constitute consent
15for a law enforcement officer, court, or other officer of the
16court to access other contents of the mobile telephone or
17other portable electronic device. The Illinois State Police
18may adopt rules to implement this Section.
 
19    (430 ILCS 66/10.6 new)
20    Sec. 10.6. Email notifications. A person subject to this
21Act may notify the Illinois State Police upon application or
22at any time thereafter that he or she would like to receive
23correspondence from the Illinois State Police via email rather
24than by mail.
 

 

 

SB2889- 72 -LRB102 17768 RLC 24011 b

1    (430 ILCS 66/20)
2    Sec. 20. Concealed Carry Licensing Review Board.
3    (a) There is hereby created within the Department of State
4Police a Concealed Carry Licensing Review Board to consider
5any objection to an applicant's eligibility to obtain a
6license under this Act submitted by a law enforcement agency
7or the Department under Section 15 of this Act. The Board shall
8consist of 7 commissioners to be appointed by the Governor,
9with the advice and consent of the Senate, with 3
10commissioners residing within the First Judicial District and
11one commissioner residing within each of the 4 remaining
12Judicial Districts. No more than 4 commissioners shall be
13members of the same political party. The Governor shall
14designate one commissioner as the Chairperson. The Board shall
15consist of:
16        (1) one commissioner with at least 5 years of service
17    as a federal judge;
18        (2) 2 commissioners with at least 5 years of
19    experience serving as an attorney with the United States
20    Department of Justice;
21        (3) 3 commissioners with at least 5 years of
22    experience as a federal agent or employee with
23    investigative experience or duties related to criminal
24    justice under the United States Department of Justice,
25    Drug Enforcement Administration, Department of Homeland
26    Security, or Federal Bureau of Investigation; and

 

 

SB2889- 73 -LRB102 17768 RLC 24011 b

1        (4) one member with at least 5 years of experience as a
2    licensed physician or clinical psychologist with expertise
3    in the diagnosis and treatment of mental illness.
4    (b) The initial terms of the commissioners shall end on
5January 12, 2015. Notwithstanding any provision in this
6Section to the contrary, the term of office of each
7commissioner of the Concealed Carry Licensing Review Board is
8abolished on the effective date of this amendatory Act of the
9102nd General Assembly. The terms of the commissioners
10appointed on or after the effective date of this amendatory
11Act of the 102nd General Assembly shall be as follows: one of
12the initial members shall be appointed for a term of one year,
133 shall be appointed for terms of 2 years, and 3 shall be
14appointed for terms of 4 years. Thereafter, the commissioners
15shall hold office for 4 years, with terms expiring on the
16second Monday in January of the fourth year. Commissioners may
17be reappointed. Vacancies in the office of commissioner shall
18be filled in the same manner as the original appointment, for
19the remainder of the unexpired term. The Governor may remove a
20commissioner for incompetence, neglect of duty, malfeasance,
21or inability to serve. Commissioners shall receive
22compensation in an amount equal to the compensation of members
23of the Executive Ethics Commission and may be reimbursed for
24reasonable expenses actually incurred in the performance of
25their Board duties, from funds appropriated for that purpose.
26    (c) The Board shall meet at the call of the chairperson as

 

 

SB2889- 74 -LRB102 17768 RLC 24011 b

1often as necessary to consider objections to applications for
2a license under this Act. If necessary to ensure the
3participation of a commissioner, the Board shall allow a
4commissioner to participate in a Board meeting by electronic
5communication. Any commissioner participating electronically
6shall be deemed present for purposes of establishing a quorum
7and voting.
8    (d) The Board shall adopt rules for the review of
9objections and the conduct of hearings. The Board shall
10maintain a record of its decisions and all materials
11considered in making its decisions. All Board decisions and
12voting records shall be kept confidential and all materials
13considered by the Board shall be exempt from inspection except
14upon order of a court.
15    (e) In considering an objection of a law enforcement
16agency or the Department, the Board shall review the materials
17received with the objection from the law enforcement agency or
18the Department. By a vote of at least 4 commissioners, the
19Board may request additional information from the law
20enforcement agency, Department, or the applicant, or the
21testimony of the law enforcement agency, Department, or the
22applicant. The Board may require that the applicant submit
23electronic fingerprints to the Department for an updated
24background check where the Board determines it lacks
25sufficient information to determine eligibility. The Board may
26only consider information submitted by the Department, a law

 

 

SB2889- 75 -LRB102 17768 RLC 24011 b

1enforcement agency, or the applicant. The Board shall review
2each objection and determine by a majority of commissioners
3whether an applicant is eligible for a license.
4    (f) The Board shall issue a decision within 30 days of
5receipt of the objection from the Department. However, the
6Board need not issue a decision within 30 days if:
7        (1) the Board requests information from the applicant,
8    including but not limited to electronic fingerprints to be
9    submitted to the Department, in accordance with subsection
10    (e) of this Section, in which case the Board shall make a
11    decision within 30 days of receipt of the required
12    information from the applicant;
13        (2) the applicant agrees, in writing, to allow the
14    Board additional time to consider an objection; or
15        (3) the Board notifies the applicant and the
16    Department that the Board needs an additional 30 days to
17    issue a decision.
18    (g) If the Board determines by a preponderance of the
19evidence that the applicant poses a danger to himself or
20herself or others, or is a threat to public safety, then the
21Board shall affirm the objection of the law enforcement agency
22or the Department and shall notify the Department that the
23applicant is ineligible for a license. If the Board does not
24determine by a preponderance of the evidence that the
25applicant poses a danger to himself or herself or others, or is
26a threat to public safety, then the Board shall notify the

 

 

SB2889- 76 -LRB102 17768 RLC 24011 b

1Department that the applicant is eligible for a license.
2    (h) Meetings of the Board shall not be subject to the Open
3Meetings Act and records of the Board shall not be subject to
4the Freedom of Information Act.
5    (i) The Board shall report monthly to the Governor and the
6General Assembly on the number of objections received and
7provide details of the circumstances in which the Board has
8determined to deny licensure based on law enforcement or
9Department objections under Section 15 of this Act. The report
10shall not contain any identifying information about the
11applicants.
12(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
 
13    (430 ILCS 66/30)
14    Sec. 30. Contents of license application.
15    (a) The license application shall be in writing, under
16penalty of perjury, on a standard form adopted by the
17Department and shall be accompanied by the documentation
18required in this Section and the applicable fee. Each
19application form shall include the following statement printed
20in bold type: "Warning: Entering false information on this
21form is punishable as perjury under Section 32-2 of the
22Criminal Code of 2012."
23    (b) The application shall contain the following:
24        (1) the applicant's name, current address, date and
25    year of birth, place of birth, height, weight, hair color,

 

 

SB2889- 77 -LRB102 17768 RLC 24011 b

1    eye color, maiden name or any other name the applicant has
2    used or identified with, and any address where the
3    applicant resided for more than 30 days within the 10
4    years preceding the date of the license application;
5        (2) the applicant's valid driver's license number or
6    valid state identification card number;
7        (3) a waiver of the applicant's privacy and
8    confidentiality rights and privileges under all federal
9    and state laws, including those limiting access to
10    juvenile court, criminal justice, psychological, or
11    psychiatric records or records relating to any
12    institutionalization of the applicant, and an affirmative
13    request that a person having custody of any of these
14    records provide it or information concerning it to the
15    Department. The waiver only applies to records sought in
16    connection with determining whether the applicant
17    qualifies for a license to carry a concealed firearm under
18    this Act, or whether the applicant remains in compliance
19    with the Firearm Owners Identification Card Act;
20        (4) an affirmation that the applicant possesses a
21    currently valid Firearm Owner's Identification Card and
22    card number if possessed or notice the applicant is
23    applying for a Firearm Owner's Identification Card in
24    conjunction with the license application;
25        (5) an affirmation that the applicant has not been
26    convicted or found guilty of:

 

 

SB2889- 78 -LRB102 17768 RLC 24011 b

1            (A) a felony;
2            (B) a misdemeanor involving the use or threat of
3        physical force or violence to any person within the 5
4        years preceding the date of the application; or
5            (C) 2 or more violations related to driving while
6        under the influence of alcohol, other drug or drugs,
7        intoxicating compound or compounds, or any combination
8        thereof, within the 5 years preceding the date of the
9        license application; and
10        (6) whether the applicant has failed a drug test for a
11    drug for which the applicant did not have a prescription,
12    within the previous year, and if so, the provider of the
13    test, the specific substance involved, and the date of the
14    test;
15        (7) written consent for the Department to review and
16    use the applicant's Illinois digital driver's license or
17    Illinois identification card photograph and signature;
18        (8) unless submitted under subsection (a-25) of
19    Section 4 of the Firearm Owner's Identification Card Act,
20    a full set of fingerprints submitted to the Department in
21    electronic format, provided the Department may accept an
22    application submitted without a set of fingerprints in
23    which case the Department shall be granted 30 days in
24    addition to the 90 days provided under subsection (e) of
25    Section 10 of this Act to issue or deny a license;
26        (9) a head and shoulder color photograph in a size

 

 

SB2889- 79 -LRB102 17768 RLC 24011 b

1    specified by the Department taken within the 30 days
2    preceding the date of the license application; and
3        (10) a photocopy of any certificates or other evidence
4    of compliance with the training requirements under this
5    Act.
6(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
 
7    (430 ILCS 66/70)
8    Sec. 70. Violations.
9    (a) A license issued or renewed under this Act shall be
10revoked if, at any time, the licensee is found to be ineligible
11for a license under this Act or the licensee no longer meets
12the eligibility requirements of the Firearm Owners
13Identification Card Act.
14    (b) A license shall be suspended if an order of
15protection, including an emergency order of protection,
16plenary order of protection, or interim order of protection
17under Article 112A of the Code of Criminal Procedure of 1963 or
18under the Illinois Domestic Violence Act of 1986, or if a
19firearms restraining order, including an emergency firearms
20restraining order, under the Firearms Restraining Order Act,
21is issued against a licensee for the duration of the order, or
22if the Department is made aware of a similar order issued
23against the licensee in any other jurisdiction. If an order of
24protection is issued against a licensee, the licensee shall
25surrender the license, as applicable, to the court at the time

 

 

SB2889- 80 -LRB102 17768 RLC 24011 b

1the order is entered or to the law enforcement agency or entity
2serving process at the time the licensee is served the order.
3The court, law enforcement agency, or entity responsible for
4serving the order of protection shall notify the Department
5within 7 days and transmit the license to the Department.
6    (c) A license is invalid upon expiration of the license,
7unless the licensee has submitted an application to renew the
8license, and the applicant is otherwise eligible to possess a
9license under this Act.
10    (d) A licensee shall not carry a concealed firearm while
11under the influence of alcohol, other drug or drugs,
12intoxicating compound or combination of compounds, or any
13combination thereof, under the standards set forth in
14subsection (a) of Section 11-501 of the Illinois Vehicle Code.
15    A licensee in violation of this subsection (d) shall be
16guilty of a Class A misdemeanor for a first or second violation
17and a Class 4 felony for a third violation. The Department may
18suspend a license for up to 6 months for a second violation and
19shall permanently revoke a license for a third violation.
20    (e) Except as otherwise provided, a licensee in violation
21of this Act shall be guilty of a Class B misdemeanor. A second
22or subsequent violation is a Class A misdemeanor. The
23Department may suspend a license for up to 6 months for a
24second violation and shall permanently revoke a license for 3
25or more violations of Section 65 of this Act. Any person
26convicted of a violation under this Section shall pay a $150

 

 

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1fee to be deposited into the Mental Health Reporting Fund,
2plus any applicable court costs or fees.
3    (f) A licensee convicted or found guilty of a violation of
4this Act who has a valid license and is otherwise eligible to
5carry a concealed firearm shall only be subject to the
6penalties under this Section and shall not be subject to the
7penalties under Section 21-6, paragraph (4), (8), or (10) of
8subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
9of paragraph (3) of subsection (a) of Section 24-1.6 of the
10Criminal Code of 2012. Except as otherwise provided in this
11subsection, nothing in this subsection prohibits the licensee
12from being subjected to penalties for violations other than
13those specified in this Act.
14    (g) A licensee whose license is revoked, suspended, or
15denied shall, within 48 hours of receiving notice of the
16revocation, suspension, or denial, surrender his or her
17concealed carry license to the local law enforcement agency
18where the person resides. The local law enforcement agency
19shall provide the licensee a receipt and transmit the
20concealed carry license to the Department of State Police. If
21the licensee whose concealed carry license has been revoked,
22suspended, or denied fails to comply with the requirements of
23this subsection, the law enforcement agency where the person
24resides may petition the circuit court to issue a warrant to
25search for and seize the concealed carry license in the
26possession and under the custody or control of the licensee

 

 

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1whose concealed carry license has been revoked, suspended, or
2denied. The observation of a concealed carry license in the
3possession of a person whose license has been revoked,
4suspended, or denied constitutes a sufficient basis for the
5arrest of that person for violation of this subsection. A
6violation of this subsection is a Class A misdemeanor.
7    (h) Except as otherwise provided in subsection (h-5), a A
8license issued or renewed under this Act shall be revoked if,
9at any time, the licensee is found ineligible for a Firearm
10Owner's Identification Card, or the licensee no longer
11possesses a valid Firearm Owner's Identification Card. If the
12Firearm Owner's Identification Card is expired or suspended
13rather than denied or revoked, the license may be suspended
14for a period of up to one year to allow the licensee to
15reinstate his or her Firearm Owner's Identification Card. The
16Illinois State Police shall adopt rules to enforce this
17subsection. A licensee whose license is revoked under this
18subsection (h) shall surrender his or her concealed carry
19license as provided for in subsection (g) of this Section.
20    This subsection shall not apply to a person who has filed
21an application with the State Police for renewal of a Firearm
22Owner's Identification Card and who is not otherwise
23ineligible to obtain a Firearm Owner's Identification Card.
24    (h-5) If the Firearm Owner's Identification Card of a
25licensee under this Act expires during the term of the license
26issued under this Act, the license and the Firearm Owner's

 

 

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1Identification Card remain valid, and the Illinois State
2Police may automatically renew the licensee's Firearm Owner's
3Identification Card as provided in subsection (c) of Section 5
4of the Firearm Owners Identification Card Act.
5    (i) A certified firearms instructor who knowingly provides
6or offers to provide a false certification that an applicant
7has completed firearms training as required under this Act is
8guilty of a Class A misdemeanor. A person guilty of a violation
9of this subsection (i) is not eligible for court supervision.
10The Department shall permanently revoke the firearms
11instructor certification of a person convicted under this
12subsection (i).
13(Source: P.A. 100-607, eff. 1-1-19.)
 
14    Section 26. The Firearms Restraining Order Act is amended
15by changing Sections 35 and 40 as follows:
 
16    (430 ILCS 67/35)
17    Sec. 35. Ex parte orders and emergency hearings.
18    (a) A petitioner may request an emergency firearms
19restraining order by filing an affidavit or verified pleading
20alleging that the respondent poses an immediate and present
21danger of causing personal injury to himself, herself, or
22another by having in his or her custody or control,
23purchasing, possessing, or receiving a firearm. The petition
24shall also describe the type and location of any firearm or

 

 

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1firearms presently believed by the petitioner to be possessed
2or controlled by the respondent.
3    (b) If the respondent is alleged to pose an immediate and
4present danger of causing personal injury to an intimate
5partner, or an intimate partner is alleged to have been the
6target of a threat or act of violence by the respondent, the
7petitioner shall make a good faith effort to provide notice to
8any and all intimate partners of the respondent. The notice
9must include that the petitioner intends to petition the court
10for an emergency firearms restraining order, and, if the
11petitioner is a law enforcement officer, referral to relevant
12domestic violence or stalking advocacy or counseling
13resources, if appropriate. The petitioner shall attest to
14having provided the notice in the filed affidavit or verified
15pleading. If, after making a good faith effort, the petitioner
16is unable to provide notice to any or all intimate partners,
17the affidavit or verified pleading should describe what
18efforts were made.
19    (c) Every person who files a petition for an emergency
20firearms restraining order, knowing the information provided
21to the court at any hearing or in the affidavit or verified
22pleading to be false, is guilty of perjury under Section 32-2
23of the Criminal Code of 2012.
24    (d) An emergency firearms restraining order shall be
25issued on an ex parte basis, that is, without notice to the
26respondent.

 

 

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1    (e) An emergency hearing held on an ex parte basis shall be
2held the same day that the petition is filed or the next day
3that the court is in session.
4    (f) If a circuit or associate judge finds probable cause
5to believe that the respondent poses an immediate and present
6danger of causing personal injury to himself, herself, or
7another by having in his or her custody or control,
8purchasing, possessing, or receiving a firearm, the circuit or
9associate judge shall issue an emergency order.
10    (f-5) If the court issues an emergency firearms
11restraining order, it shall, upon a finding of probable cause
12that the respondent possesses firearms, issue a search warrant
13directing a law enforcement agency to seize the respondent's
14firearms. The court may, as part of that warrant, direct the
15law enforcement agency to search the respondent's residence
16and other places where the court finds there is probable cause
17to believe he or she is likely to possess the firearms.
18    (g) An emergency firearms restraining order shall require:
19        (1) the respondent to refrain from having in his or
20    her custody or control, purchasing, possessing, or
21    receiving additional firearms for the duration of the
22    order pursuant to Section 8.2 of the Firearm Owners
23    Identification Card Act; and
24        (2) the respondent to comply with Section 9.5 of the
25    Firearm Owners Identification Card Act turn over to the
26    local law enforcement agency any Firearm Owner's

 

 

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1    Identification Card and subsection (g) of Section 70 of
2    the Firearm Concealed Carry Act concealed carry license in
3    his or her possession. The local law enforcement agency
4    shall immediately mail the card and concealed carry
5    license to the Department of State Police Firearm Services
6    Bureau for safekeeping. The firearm or firearms and
7    Firearm Owner's Identification Card and concealed carry
8    license, if unexpired, shall be returned to the respondent
9    after the firearms restraining order is terminated or
10    expired.
11    (h) Except as otherwise provided in subsection (h-5) of
12this Section, upon expiration of the period of safekeeping, if
13the firearms or Firearm Owner's Identification Card and
14concealed carry license cannot be returned to the respondent
15because the respondent cannot be located, fails to respond to
16requests to retrieve the firearms, or is not lawfully eligible
17to possess a firearm, upon petition from the local law
18enforcement agency, the court may order the local law
19enforcement agency to destroy the firearms, use the firearms
20for training purposes, or use the firearms for any other
21application as deemed appropriate by the local law enforcement
22agency.
23    (h-5) A respondent whose Firearm Owner's Identification
24Card has been revoked or suspended may petition the court, if
25the petitioner is present in court or has notice of the
26respondent's petition, to transfer the respondent's firearm to

 

 

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1a person who is lawfully able to possess the firearm if the
2person does not reside at the same address as the respondent.
3Notice of the petition shall be served upon the person
4protected by the emergency firearms restraining order. While
5the order is in effect, the transferee who receives the
6respondent's firearms must swear or affirm by affidavit that
7he or she shall not transfer the firearm to the respondent or
8to anyone residing in the same residence as the respondent.
9    (h-6) If a person other than the respondent claims title
10to any firearms surrendered under this Section, he or she may
11petition the court, if the petitioner is present in court or
12has notice of the petition, to have the firearm returned to him
13or her. If the court determines that person to be the lawful
14owner of the firearm, the firearm shall be returned to him or
15her, provided that:
16        (1) the firearm is removed from the respondent's
17    custody, control, or possession and the lawful owner
18    agrees to store the firearm in a manner such that the
19    respondent does not have access to or control of the
20    firearm; and
21        (2) the firearm is not otherwise unlawfully possessed
22    by the owner.
23    The person petitioning for the return of his or her
24firearm must swear or affirm by affidavit that he or she: (i)
25is the lawful owner of the firearm; (ii) shall not transfer the
26firearm to the respondent; and (iii) will store the firearm in

 

 

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1a manner that the respondent does not have access to or control
2of the firearm.
3    (i) In accordance with subsection (e) of this Section, the
4court shall schedule a full hearing as soon as possible, but no
5longer than 14 days from the issuance of an ex parte firearms
6restraining order, to determine if a 6-month firearms
7restraining order shall be issued. The court may extend an ex
8parte order as needed, but not to exceed 14 days, to effectuate
9service of the order or if necessary to continue protection.
10The court may extend the order for a greater length of time by
11mutual agreement of the parties.
12(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
13    (430 ILCS 67/40)
14    Sec. 40. Six-month orders.
15    (a) A petitioner may request a 6-month firearms
16restraining order by filing an affidavit or verified pleading
17alleging that the respondent poses a significant danger of
18causing personal injury to himself, herself, or another in the
19near future by having in his or her custody or control,
20purchasing, possessing, or receiving a firearm. The petition
21shall also describe the number, types, and locations of any
22firearms presently believed by the petitioner to be possessed
23or controlled by the respondent.
24    (b) If the respondent is alleged to pose a significant
25danger of causing personal injury to an intimate partner, or

 

 

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1an intimate partner is alleged to have been the target of a
2threat or act of violence by the respondent, the petitioner
3shall make a good faith effort to provide notice to any and all
4intimate partners of the respondent. The notice must include
5that the petitioner intends to petition the court for a
66-month firearms restraining order, and, if the petitioner is
7a law enforcement officer, referral to relevant domestic
8violence or stalking advocacy or counseling resources, if
9appropriate. The petitioner shall attest to having provided
10the notice in the filed affidavit or verified pleading. If,
11after making a good faith effort, the petitioner is unable to
12provide notice to any or all intimate partners, the affidavit
13or verified pleading should describe what efforts were made.
14    (c) Every person who files a petition for a 6-month
15firearms restraining order, knowing the information provided
16to the court at any hearing or in the affidavit or verified
17pleading to be false, is guilty of perjury under Section 32-2
18of the Criminal Code of 2012.
19    (d) Upon receipt of a petition for a 6-month firearms
20restraining order, the court shall order a hearing within 30
21days.
22    (e) In determining whether to issue a firearms restraining
23order under this Section, the court shall consider evidence
24including, but not limited to, the following:
25        (1) The unlawful and reckless use, display, or
26    brandishing of a firearm by the respondent.

 

 

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1        (2) The history of use, attempted use, or threatened
2    use of physical force by the respondent against another
3    person.
4        (3) Any prior arrest of the respondent for a felony
5    offense.
6        (4) Evidence of the abuse of controlled substances or
7    alcohol by the respondent.
8        (5) A recent threat of violence or act of violence by
9    the respondent directed toward himself, herself, or
10    another.
11        (6) A violation of an emergency order of protection
12    issued under Section 217 of the Illinois Domestic Violence
13    Act of 1986 or Section 112A-17 of the Code of Criminal
14    Procedure of 1963 or of an order of protection issued
15    under Section 214 of the Illinois Domestic Violence Act of
16    1986 or Section 112A-14 of the Code of Criminal Procedure
17    of 1963.
18        (7) A pattern of violent acts or violent threats,
19    including, but not limited to, threats of violence or acts
20    of violence by the respondent directed toward himself,
21    herself, or another.
22    (f) At the hearing, the petitioner shall have the burden
23of proving, by clear and convincing evidence, that the
24respondent poses a significant danger of personal injury to
25himself, herself, or another by having in his or her custody or
26control, purchasing, possessing, or receiving a firearm.

 

 

SB2889- 91 -LRB102 17768 RLC 24011 b

1    (g) If the court finds that there is clear and convincing
2evidence to issue a firearms restraining order, the court
3shall issue a firearms restraining order that shall be in
4effect for 6 months subject to renewal under Section 45 of this
5Act or termination under that Section.
6    (g-5) If the court issues a 6-month firearms restraining
7order, it shall, upon a finding of probable cause that the
8respondent possesses firearms, issue a search warrant
9directing a law enforcement agency to seize the respondent's
10firearms. The court may, as part of that warrant, direct the
11law enforcement agency to search the respondent's residence
12and other places where the court finds there is probable cause
13to believe he or she is likely to possess the firearms.
14    (h) A 6-month firearms restraining order shall require:
15        (1) the respondent to refrain from having in his or
16    her custody or control, purchasing, possessing, or
17    receiving additional firearms for the duration of the
18    order pursuant to Section 8.2 of the Firearm Owners
19    Identification Card Act; and
20        (2) the respondent to comply with Section 9.5 of the
21    Firearm Owners Identification Card Act and subsection (g)
22    of Section 70 of the Firearm Concealed Carry Act turn over
23    to the local law enforcement agency any firearm or Firearm
24    Owner's Identification Card and concealed carry license in
25    his or her possession. The local law enforcement agency
26    shall immediately mail the card and concealed carry

 

 

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1    license to the Department of State Police Firearm Services
2    Bureau for safekeeping. The firearm or firearms and
3    Firearm Owner's Identification Card and concealed carry
4    license, if unexpired, shall be returned to the respondent
5    after the firearms restraining order is terminated or
6    expired.
7    (i) Except as otherwise provided in subsection (i-5) of
8this Section, upon expiration of the period of safekeeping, if
9the firearms or Firearm Owner's Identification Card cannot be
10returned to the respondent because the respondent cannot be
11located, fails to respond to requests to retrieve the
12firearms, or is not lawfully eligible to possess a firearm,
13upon petition from the local law enforcement agency, the court
14may order the local law enforcement agency to destroy the
15firearms, use the firearms for training purposes, or use the
16firearms for any other application as deemed appropriate by
17the local law enforcement agency.
18    (i-5) A respondent whose Firearm Owner's Identification
19Card has been revoked or suspended may petition the court, if
20the petitioner is present in court or has notice of the
21respondent's petition, to transfer the respondent's firearm to
22a person who is lawfully able to possess the firearm if the
23person does not reside at the same address as the respondent.
24Notice of the petition shall be served upon the person
25protected by the emergency firearms restraining order. While
26the order is in effect, the transferee who receives the

 

 

SB2889- 93 -LRB102 17768 RLC 24011 b

1respondent's firearms must swear or affirm by affidavit that
2he or she shall not transfer the firearm to the respondent or
3to anyone residing in the same residence as the respondent.
4    (i-6) If a person other than the respondent claims title
5to any firearms surrendered under this Section, he or she may
6petition the court, if the petitioner is present in court or
7has notice of the petition, to have the firearm returned to him
8or her. If the court determines that person to be the lawful
9owner of the firearm, the firearm shall be returned to him or
10her, provided that:
11        (1) the firearm is removed from the respondent's
12    custody, control, or possession and the lawful owner
13    agrees to store the firearm in a manner such that the
14    respondent does not have access to or control of the
15    firearm; and
16        (2) the firearm is not otherwise unlawfully possessed
17    by the owner.
18    The person petitioning for the return of his or her
19firearm must swear or affirm by affidavit that he or she: (i)
20is the lawful owner of the firearm; (ii) shall not transfer the
21firearm to the respondent; and (iii) will store the firearm in
22a manner that the respondent does not have access to or control
23of the firearm.
24    (j) If the court does not issue a firearms restraining
25order at the hearing, the court shall dissolve any emergency
26firearms restraining order then in effect.

 

 

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1    (k) When the court issues a firearms restraining order
2under this Section, the court shall inform the respondent that
3he or she is entitled to one hearing during the period of the
4order to request a termination of the order, under Section 45
5of this Act, and shall provide the respondent with a form to
6request a hearing.
7(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
8    Section 30. The Criminal Code of 2012 is amended by
9changing Section 24-3 as follows:
 
10    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
11    Sec. 24-3. Unlawful sale or delivery of firearms.
12    (A) A person commits the offense of unlawful sale or
13delivery of firearms when he or she knowingly does any of the
14following:
15        (a) Sells or gives any firearm of a size which may be
16    concealed upon the person to any person under 18 years of
17    age.
18        (b) Sells or gives any firearm to a person under 21
19    years of age who has been convicted of a misdemeanor other
20    than a traffic offense or adjudged delinquent.
21        (c) Sells or gives any firearm to any narcotic addict.
22        (d) Sells or gives any firearm to any person who has
23    been convicted of a felony under the laws of this or any
24    other jurisdiction.

 

 

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1        (e) Sells or gives any firearm to any person who has
2    been a patient in a mental institution within the past 5
3    years. In this subsection (e):
4            "Mental institution" means any hospital,
5        institution, clinic, evaluation facility, mental
6        health center, or part thereof, which is used
7        primarily for the care or treatment of persons with
8        mental illness.
9            "Patient in a mental institution" means the person
10        was admitted, either voluntarily or involuntarily, to
11        a mental institution for mental health treatment,
12        unless the treatment was voluntary and solely for an
13        alcohol abuse disorder and no other secondary
14        substance abuse disorder or mental illness.
15        (f) Sells or gives any firearms to any person who is a
16    person with an intellectual disability.
17        (g) Delivers any firearm, incidental to a sale,
18    without withholding delivery of the firearm for at least
19    72 hours after application for its purchase has been made,
20    or delivers a stun gun or taser, incidental to a sale,
21    without withholding delivery of the stun gun or taser for
22    at least 24 hours after application for its purchase has
23    been made. However, this paragraph (g) does not apply to:
24    (1) the sale of a firearm to a law enforcement officer if
25    the seller of the firearm knows that the person to whom he
26    or she is selling the firearm is a law enforcement officer

 

 

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1    or the sale of a firearm to a person who desires to
2    purchase a firearm for use in promoting the public
3    interest incident to his or her employment as a bank
4    guard, armed truck guard, or other similar employment; (2)
5    a mail order sale of a firearm from a federally licensed
6    firearms dealer to a nonresident of Illinois under which
7    the firearm is mailed to a federally licensed firearms
8    dealer outside the boundaries of Illinois; (3) (blank);
9    (4) the sale of a firearm to a dealer licensed as a federal
10    firearms dealer under Section 923 of the federal Gun
11    Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
12    sale of any rifle, shotgun, or other long gun to a resident
13    registered competitor or attendee or non-resident
14    registered competitor or attendee by any dealer licensed
15    as a federal firearms dealer under Section 923 of the
16    federal Gun Control Act of 1968 at competitive shooting
17    events held at the World Shooting Complex sanctioned by a
18    national governing body. For purposes of transfers or
19    sales under subparagraph (5) of this paragraph (g), the
20    Department of Natural Resources shall give notice to the
21    Department of State Police at least 30 calendar days prior
22    to any competitive shooting events at the World Shooting
23    Complex sanctioned by a national governing body. The
24    notification shall be made on a form prescribed by the
25    Department of State Police. The sanctioning body shall
26    provide a list of all registered competitors and attendees

 

 

SB2889- 97 -LRB102 17768 RLC 24011 b

1    at least 24 hours before the events to the Department of
2    State Police. Any changes to the list of registered
3    competitors and attendees shall be forwarded to the
4    Department of State Police as soon as practicable. The
5    Department of State Police must destroy the list of
6    registered competitors and attendees no later than 30 days
7    after the date of the event. Nothing in this paragraph (g)
8    relieves a federally licensed firearm dealer from the
9    requirements of conducting a NICS background check through
10    the Illinois Point of Contact under 18 U.S.C. 922(t). For
11    purposes of this paragraph (g), "application" means when
12    the buyer and seller reach an agreement to purchase a
13    firearm. For purposes of this paragraph (g), "national
14    governing body" means a group of persons who adopt rules
15    and formulate policy on behalf of a national firearm
16    sporting organization.
17        (h) While holding any license as a dealer, importer,
18    manufacturer or pawnbroker under the federal Gun Control
19    Act of 1968, manufactures, sells or delivers to any
20    unlicensed person a handgun having a barrel, slide, frame
21    or receiver which is a die casting of zinc alloy or any
22    other nonhomogeneous metal which will melt or deform at a
23    temperature of less than 800 degrees Fahrenheit. For
24    purposes of this paragraph, (1) "firearm" is defined as in
25    the Firearm Owners Identification Card Act; and (2)
26    "handgun" is defined as a firearm designed to be held and

 

 

SB2889- 98 -LRB102 17768 RLC 24011 b

1    fired by the use of a single hand, and includes a
2    combination of parts from which such a firearm can be
3    assembled.
4        (i) Sells or gives a firearm of any size to any person
5    under 18 years of age who does not possess a valid Firearm
6    Owner's Identification Card.
7        (j) Sells or gives a firearm while engaged in the
8    business of selling firearms at wholesale or retail
9    without being licensed as a federal firearms dealer under
10    Section 923 of the federal Gun Control Act of 1968 (18
11    U.S.C. 923). In this paragraph (j):
12        A person "engaged in the business" means a person who
13    devotes time, attention, and labor to engaging in the
14    activity as a regular course of trade or business with the
15    principal objective of livelihood and profit, but does not
16    include a person who makes occasional repairs of firearms
17    or who occasionally fits special barrels, stocks, or
18    trigger mechanisms to firearms.
19        "With the principal objective of livelihood and
20    profit" means that the intent underlying the sale or
21    disposition of firearms is predominantly one of obtaining
22    livelihood and pecuniary gain, as opposed to other
23    intents, such as improving or liquidating a personal
24    firearms collection; however, proof of profit shall not be
25    required as to a person who engages in the regular and
26    repetitive purchase and disposition of firearms for

 

 

SB2889- 99 -LRB102 17768 RLC 24011 b

1    criminal purposes or terrorism.
2        (k) Sells or transfers ownership of a firearm to a
3    person who does not possess display to the seller or
4    transferor of the firearm either: (1) a currently valid
5    Firearm Owner's Identification Card that has previously
6    been issued in the transferee's name by the Department of
7    State Police under the provisions of the Firearm Owners
8    Identification Card Act; or (2) a currently valid license
9    to carry a concealed firearm that has previously been
10    issued in the transferee's name by the Department of State
11    Police under the Firearm Concealed Carry Act. This
12    paragraph (k) does not apply to the transfer of a firearm
13    to a person who is exempt from the requirement of
14    possessing a Firearm Owner's Identification Card under
15    Section 2 of the Firearm Owners Identification Card Act.
16    For the purposes of this Section, a currently valid
17    Firearm Owner's Identification Card or license to carry a
18    concealed firearm means receipt of (i) a Firearm Owner's
19    Identification Card that has not expired or (ii) an
20    approval number issued in accordance with subsection
21    (a-10) of subsection 3 or Section 3.1 of the Firearm
22    Owners Identification Card Act shall be proof that the
23    Firearm Owner's Identification Card was valid.
24            (1) In addition to the other requirements of this
25        paragraph (k), all persons who are not federally
26        licensed firearms dealers must also have complied with

 

 

SB2889- 100 -LRB102 17768 RLC 24011 b

1        subsection (a-10) of Section 3 of the Firearm Owners
2        Identification Card Act by determining the validity of
3        a purchaser's Firearm Owner's Identification Card.
4            (2) All sellers or transferors who have complied
5        with the requirements of subparagraph (1) of this
6        paragraph (k) shall not be liable for damages in any
7        civil action arising from the use or misuse by the
8        transferee of the firearm transferred, except for
9        willful or wanton misconduct on the part of the seller
10        or transferor.
11        (l) Not being entitled to the possession of a firearm,
12    delivers the firearm, knowing it to have been stolen or
13    converted. It may be inferred that a person who possesses
14    a firearm with knowledge that its serial number has been
15    removed or altered has knowledge that the firearm is
16    stolen or converted.
17    (B) Paragraph (h) of subsection (A) does not include
18firearms sold within 6 months after enactment of Public Act
1978-355 (approved August 21, 1973, effective October 1, 1973),
20nor is any firearm legally owned or possessed by any citizen or
21purchased by any citizen within 6 months after the enactment
22of Public Act 78-355 subject to confiscation or seizure under
23the provisions of that Public Act. Nothing in Public Act
2478-355 shall be construed to prohibit the gift or trade of any
25firearm if that firearm was legally held or acquired within 6
26months after the enactment of that Public Act.

 

 

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1    (C) Sentence.
2        (1) Any person convicted of unlawful sale or delivery
3    of firearms in violation of paragraph (c), (e), (f), (g),
4    or (h) of subsection (A) commits a Class 4 felony.
5        (2) Any person convicted of unlawful sale or delivery
6    of firearms in violation of paragraph (b) or (i) of
7    subsection (A) commits a Class 3 felony.
8        (3) Any person convicted of unlawful sale or delivery
9    of firearms in violation of paragraph (a) of subsection
10    (A) commits a Class 2 felony.
11        (4) Any person convicted of unlawful sale or delivery
12    of firearms in violation of paragraph (a), (b), or (i) of
13    subsection (A) in any school, on the real property
14    comprising a school, within 1,000 feet of the real
15    property comprising a school, at a school related
16    activity, or on or within 1,000 feet of any conveyance
17    owned, leased, or contracted by a school or school
18    district to transport students to or from school or a
19    school related activity, regardless of the time of day or
20    time of year at which the offense was committed, commits a
21    Class 1 felony. Any person convicted of a second or
22    subsequent violation of unlawful sale or delivery of
23    firearms in violation of paragraph (a), (b), or (i) of
24    subsection (A) in any school, on the real property
25    comprising a school, within 1,000 feet of the real
26    property comprising a school, at a school related

 

 

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1    activity, or on or within 1,000 feet of any conveyance
2    owned, leased, or contracted by a school or school
3    district to transport students to or from school or a
4    school related activity, regardless of the time of day or
5    time of year at which the offense was committed, commits a
6    Class 1 felony for which the sentence shall be a term of
7    imprisonment of no less than 5 years and no more than 15
8    years.
9        (5) Any person convicted of unlawful sale or delivery
10    of firearms in violation of paragraph (a) or (i) of
11    subsection (A) in residential property owned, operated, or
12    managed by a public housing agency or leased by a public
13    housing agency as part of a scattered site or mixed-income
14    development, in a public park, in a courthouse, on
15    residential property owned, operated, or managed by a
16    public housing agency or leased by a public housing agency
17    as part of a scattered site or mixed-income development,
18    on the real property comprising any public park, on the
19    real property comprising any courthouse, or on any public
20    way within 1,000 feet of the real property comprising any
21    public park, courthouse, or residential property owned,
22    operated, or managed by a public housing agency or leased
23    by a public housing agency as part of a scattered site or
24    mixed-income development commits a Class 2 felony.
25        (6) Any person convicted of unlawful sale or delivery
26    of firearms in violation of paragraph (j) of subsection

 

 

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1    (A) commits a Class A misdemeanor. A second or subsequent
2    violation is a Class 4 felony.
3        (7) Any person convicted of unlawful sale or delivery
4    of firearms in violation of paragraph (k) of subsection
5    (A) commits a Class 4 felony, except that a violation of
6    subparagraph (1) of paragraph (k) of subsection (A) shall
7    not be punishable as a crime or petty offense. A third or
8    subsequent conviction for a violation of paragraph (k) of
9    subsection (A) is a Class 1 felony.
10        (8) A person 18 years of age or older convicted of
11    unlawful sale or delivery of firearms in violation of
12    paragraph (a) or (i) of subsection (A), when the firearm
13    that was sold or given to another person under 18 years of
14    age was used in the commission of or attempt to commit a
15    forcible felony, shall be fined or imprisoned, or both,
16    not to exceed the maximum provided for the most serious
17    forcible felony so committed or attempted by the person
18    under 18 years of age who was sold or given the firearm.
19        (9) Any person convicted of unlawful sale or delivery
20    of firearms in violation of paragraph (d) of subsection
21    (A) commits a Class 3 felony.
22        (10) Any person convicted of unlawful sale or delivery
23    of firearms in violation of paragraph (l) of subsection
24    (A) commits a Class 2 felony if the delivery is of one
25    firearm. Any person convicted of unlawful sale or delivery
26    of firearms in violation of paragraph (l) of subsection

 

 

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1    (A) commits a Class 1 felony if the delivery is of not less
2    than 2 and not more than 5 firearms at the same time or
3    within a one year period. Any person convicted of unlawful
4    sale or delivery of firearms in violation of paragraph (l)
5    of subsection (A) commits a Class X felony for which he or
6    she shall be sentenced to a term of imprisonment of not
7    less than 6 years and not more than 30 years if the
8    delivery is of not less than 6 and not more than 10
9    firearms at the same time or within a 2 year period. Any
10    person convicted of unlawful sale or delivery of firearms
11    in violation of paragraph (l) of subsection (A) commits a
12    Class X felony for which he or she shall be sentenced to a
13    term of imprisonment of not less than 6 years and not more
14    than 40 years if the delivery is of not less than 11 and
15    not more than 20 firearms at the same time or within a 3
16    year period. Any person convicted of unlawful sale or
17    delivery of firearms in violation of paragraph (l) of
18    subsection (A) commits a Class X felony for which he or she
19    shall be sentenced to a term of imprisonment of not less
20    than 6 years and not more than 50 years if the delivery is
21    of not less than 21 and not more than 30 firearms at the
22    same time or within a 4 year period. Any person convicted
23    of unlawful sale or delivery of firearms in violation of
24    paragraph (l) of subsection (A) commits a Class X felony
25    for which he or she shall be sentenced to a term of
26    imprisonment of not less than 6 years and not more than 60

 

 

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1    years if the delivery is of 31 or more firearms at the same
2    time or within a 5 year period.
3    (D) For purposes of this Section:
4    "School" means a public or private elementary or secondary
5school, community college, college, or university.
6    "School related activity" means any sporting, social,
7academic, or other activity for which students' attendance or
8participation is sponsored, organized, or funded in whole or
9in part by a school or school district.
10    (E) A prosecution for a violation of paragraph (k) of
11subsection (A) of this Section may be commenced within 6 years
12after the commission of the offense. A prosecution for a
13violation of this Section other than paragraph (g) of
14subsection (A) of this Section may be commenced within 5 years
15after the commission of the offense defined in the particular
16paragraph.
17(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;
1899-642, eff. 7-28-16; 100-606, eff. 1-1-19.)
 
19    Section 35. The Code of Criminal Procedure of 1963 is
20amended by changing Section 112A-14 as follows:
 
21    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
22    Sec. 112A-14. Domestic violence order of protection;
23remedies.
24    (a) (Blank).

 

 

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1    (b) The court may order any of the remedies listed in this
2subsection (b). The remedies listed in this subsection (b)
3shall be in addition to other civil or criminal remedies
4available 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 subsection (c-2) of
19    Section 501 of the Illinois Marriage and Dissolution of
20    Marriage Act.
21            (A) Right to occupancy. A party has a right to
22        occupancy of a residence or household if it is solely
23        or jointly owned or leased by that party, that party's
24        spouse, a person with a legal duty to support that
25        party or a minor child in that party's care, or by any
26        person or entity other than the opposing party that

 

 

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1        authorizes that party's occupancy (e.g., a domestic
2        violence shelter). Standards set forth in subparagraph
3        (B) shall not preclude equitable relief.
4            (B) Presumption of hardships. If petitioner and
5        respondent each has the right to occupancy of a
6        residence or household, the court shall balance (i)
7        the hardships to respondent and any minor child or
8        dependent adult in respondent's care resulting from
9        entry of this remedy with (ii) the hardships to
10        petitioner and any minor child or dependent adult in
11        petitioner's care resulting from continued exposure to
12        the risk of abuse (should petitioner remain at the
13        residence or household) or from loss of possession of
14        the residence or household (should petitioner leave to
15        avoid the risk of abuse). When determining the balance
16        of hardships, the court shall also take into account
17        the accessibility of the residence or household.
18        Hardships need not be balanced if respondent does not
19        have a right to occupancy.
20            The balance of hardships is presumed to favor
21        possession by petitioner unless the presumption is
22        rebutted by a preponderance of the evidence, showing
23        that the hardships to respondent substantially
24        outweigh the hardships to petitioner and any minor
25        child or dependent adult in petitioner's care. The
26        court, on the request of petitioner or on its own

 

 

SB2889- 108 -LRB102 17768 RLC 24011 b

1        motion, may order respondent to provide suitable,
2        accessible, alternate housing for petitioner instead
3        of excluding respondent from a mutual residence or
4        household.
5        (3) Stay away order and additional prohibitions. Order
6    respondent to stay away from petitioner or any other
7    person protected by the domestic violence order of
8    protection, or prohibit respondent from entering or
9    remaining present at petitioner's school, place of
10    employment, or other specified places at times when
11    petitioner is present, or both, if reasonable, given the
12    balance of hardships. Hardships need not be balanced for
13    the court to enter a stay away order or prohibit entry if
14    respondent has no right to enter the premises.
15            (A) If a domestic violence order of protection
16        grants petitioner exclusive possession of the
17        residence, prohibits respondent from entering the
18        residence, or orders respondent to stay away from
19        petitioner or other protected persons, then the court
20        may allow respondent access to the residence to remove
21        items of clothing and personal adornment used
22        exclusively by respondent, medications, and other
23        items as the court directs. The right to access shall
24        be exercised on only one occasion as the court directs
25        and in the presence of an agreed-upon adult third
26        party or law enforcement officer.

 

 

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1            (B) When the petitioner and the respondent attend
2        the same public, private, or non-public elementary,
3        middle, or high school, the court when issuing a
4        domestic violence order of protection and providing
5        relief shall consider the severity of the act, any
6        continuing physical danger or emotional distress to
7        the petitioner, the educational rights guaranteed to
8        the petitioner and respondent under federal and State
9        law, the availability of a transfer of the respondent
10        to another school, a change of placement or a change of
11        program of the respondent, the expense, difficulty,
12        and educational disruption that would be caused by a
13        transfer of the respondent to another school, and any
14        other relevant facts of the case. The court may order
15        that the respondent not attend the public, private, or
16        non-public elementary, middle, or high school attended
17        by the petitioner, order that the respondent accept a
18        change of placement or change of program, as
19        determined by the school district or private or
20        non-public school, or place restrictions on the
21        respondent's movements within the school attended by
22        the petitioner. The respondent bears the burden of
23        proving by a preponderance of the evidence that a
24        transfer, change of placement, or change of program of
25        the respondent is not available. The respondent also
26        bears the burden of production with respect to the

 

 

SB2889- 110 -LRB102 17768 RLC 24011 b

1        expense, difficulty, and educational disruption that
2        would be caused by a transfer of the respondent to
3        another school. A transfer, change of placement, or
4        change of program is not unavailable to the respondent
5        solely on the ground that the respondent does not
6        agree with the school district's or private or
7        non-public school's transfer, change of placement, or
8        change of program or solely on the ground that the
9        respondent fails or refuses to consent or otherwise
10        does not take an action required to effectuate a
11        transfer, change of placement, or change of program.
12        When a court orders a respondent to stay away from the
13        public, private, or non-public school attended by the
14        petitioner and the respondent requests a transfer to
15        another attendance center within the respondent's
16        school district or private or non-public school, the
17        school district or private or non-public school shall
18        have sole discretion to determine the attendance
19        center to which the respondent is transferred. If the
20        court order results in a transfer of the minor
21        respondent to another attendance center, a change in
22        the respondent's placement, or a change of the
23        respondent's program, the parents, guardian, or legal
24        custodian of the respondent is responsible for
25        transportation and other costs associated with the
26        transfer or change.

 

 

SB2889- 111 -LRB102 17768 RLC 24011 b

1            (C) The court may order the parents, guardian, or
2        legal custodian of a minor respondent to take certain
3        actions or to refrain from taking certain actions to
4        ensure that the respondent complies with the order. If
5        the court orders a transfer of the respondent to
6        another school, the parents, guardian, or legal
7        custodian of the respondent is responsible for
8        transportation and other costs associated with the
9        change of school by the respondent.
10        (4) Counseling. Require or recommend the respondent to
11    undergo counseling for a specified duration with a social
12    worker, psychologist, clinical psychologist,
13    psychiatrist, family service agency, alcohol or substance
14    abuse program, mental health center guidance counselor,
15    agency providing services to elders, program designed for
16    domestic violence abusers, or any other guidance service
17    the court deems appropriate. The court may order the
18    respondent in any intimate partner relationship to report
19    to an Illinois Department of Human Services protocol
20    approved partner abuse intervention program for an
21    assessment and to follow all recommended treatment.
22        (5) Physical care and possession of the minor child.
23    In order to protect the minor child from abuse, neglect,
24    or unwarranted separation from the person who has been the
25    minor child's primary caretaker, or to otherwise protect
26    the well-being of the minor child, the court may do either

 

 

SB2889- 112 -LRB102 17768 RLC 24011 b

1    or both of the following: (i) grant petitioner physical
2    care or possession of the minor child, or both, or (ii)
3    order respondent to return a minor child to, or not remove
4    a minor child from, the physical care of a parent or person
5    in loco parentis.
6        If the respondent is charged with abuse (as defined in
7    Section 112A-3 of this Code) of a minor child, there shall
8    be a rebuttable presumption that awarding physical care to
9    respondent would not be in the minor child's best
10    interest.
11        (6) Temporary allocation of parental responsibilities
12    and significant decision-making responsibilities. Award
13    temporary significant decision-making responsibility to
14    petitioner in accordance with this Section, the Illinois
15    Marriage and Dissolution of Marriage Act, the Illinois
16    Parentage Act of 2015, and this State's Uniform
17    Child-Custody Jurisdiction and Enforcement Act.
18        If the respondent is charged with abuse (as defined in
19    Section 112A-3 of this Code) of a minor child, there shall
20    be a rebuttable presumption that awarding temporary
21    significant decision-making responsibility to respondent
22    would not be in the child's best interest.
23        (7) Parenting time. Determine the parenting time, if
24    any, of respondent in any case in which the court awards
25    physical care or temporary significant decision-making
26    responsibility of a minor child to petitioner. The court

 

 

SB2889- 113 -LRB102 17768 RLC 24011 b

1    shall restrict or deny respondent's parenting time with a
2    minor child if the court finds that respondent has done or
3    is likely to do any of the following:
4            (i) abuse or endanger the minor child during
5        parenting time;
6            (ii) use the parenting time as an opportunity to
7        abuse or harass petitioner or petitioner's family or
8        household members;
9            (iii) improperly conceal or detain the minor
10        child; or
11            (iv) otherwise act in a manner that is not in the
12        best interests of the minor child.
13        The court shall not be limited by the standards set
14    forth in Section 603.10 of the Illinois Marriage and
15    Dissolution of Marriage Act. If the court grants parenting
16    time, the order shall specify dates and times for the
17    parenting time to take place or other specific parameters
18    or conditions that are appropriate. No order for parenting
19    time shall refer merely to the term "reasonable parenting
20    time". Petitioner may deny respondent access to the minor
21    child if, when respondent arrives for parenting time,
22    respondent is under the influence of drugs or alcohol and
23    constitutes a threat to the safety and well-being of
24    petitioner or petitioner's minor children or is behaving
25    in a violent or abusive manner. If necessary to protect
26    any member of petitioner's family or household from future

 

 

SB2889- 114 -LRB102 17768 RLC 24011 b

1    abuse, respondent shall be prohibited from coming to
2    petitioner's residence to meet the minor child for
3    parenting time, and the petitioner and respondent shall
4    submit to the court their recommendations for reasonable
5    alternative arrangements for parenting time. A person may
6    be approved to supervise parenting time only after filing
7    an affidavit accepting that responsibility and
8    acknowledging accountability to the court.
9        (8) Removal or concealment of minor child. Prohibit
10    respondent from removing a minor child from the State or
11    concealing the child within the State.
12        (9) Order to appear. Order the respondent to appear in
13    court, alone or with a minor child, to prevent abuse,
14    neglect, removal or concealment of the child, to return
15    the child to the custody or care of the petitioner, or to
16    permit any court-ordered interview or examination of the
17    child or the respondent.
18        (10) Possession of personal property. Grant petitioner
19    exclusive possession of personal property and, if
20    respondent has possession or control, direct respondent to
21    promptly make it available to petitioner, if:
22            (i) petitioner, but not respondent, owns the
23        property; or
24            (ii) the petitioner and respondent own the
25        property jointly; sharing it would risk abuse of
26        petitioner by respondent or is impracticable; and the

 

 

SB2889- 115 -LRB102 17768 RLC 24011 b

1        balance of hardships favors temporary possession by
2        petitioner.
3        If petitioner's sole claim to ownership of the
4    property is that it is marital property, the court may
5    award petitioner temporary possession thereof under the
6    standards of subparagraph (ii) of this paragraph only if a
7    proper proceeding has been filed under the Illinois
8    Marriage and Dissolution of Marriage Act, as now or
9    hereafter amended.
10        No order under this provision shall affect title to
11    property.
12        (11) Protection of property. Forbid the respondent
13    from taking, transferring, encumbering, concealing,
14    damaging, or otherwise disposing of any real or personal
15    property, except as explicitly authorized by the court,
16    if:
17            (i) petitioner, but not respondent, owns the
18        property; or
19            (ii) the petitioner and respondent own the
20        property jointly, and the balance of hardships favors
21        granting this remedy.
22        If petitioner's sole claim to ownership of the
23    property is that it is marital property, the court may
24    grant petitioner relief under subparagraph (ii) of this
25    paragraph only if a proper proceeding has been filed under
26    the Illinois Marriage and Dissolution of Marriage Act, as

 

 

SB2889- 116 -LRB102 17768 RLC 24011 b

1    now or hereafter amended.
2        The court may further prohibit respondent from
3    improperly using the financial or other resources of an
4    aged member of the family or household for the profit or
5    advantage of respondent or of any other person.
6        (11.5) Protection of animals. Grant the petitioner the
7    exclusive care, custody, or control of any animal owned,
8    possessed, leased, kept, or held by either the petitioner
9    or the respondent or a minor child residing in the
10    residence or household of either the petitioner or the
11    respondent and order the respondent to stay away from the
12    animal and forbid the respondent from taking,
13    transferring, encumbering, concealing, harming, or
14    otherwise disposing of the animal.
15        (12) Order for payment of support. Order respondent to
16    pay temporary support for the petitioner or any child in
17    the petitioner's care or over whom the petitioner has been
18    allocated parental responsibility, when the respondent has
19    a legal obligation to support that person, in accordance
20    with the Illinois Marriage and Dissolution of Marriage
21    Act, which shall govern, among other matters, the amount
22    of support, payment through the clerk and withholding of
23    income to secure payment. An order for child support may
24    be granted to a petitioner with lawful physical care of a
25    child, or an order or agreement for physical care of a
26    child, prior to entry of an order allocating significant

 

 

SB2889- 117 -LRB102 17768 RLC 24011 b

1    decision-making responsibility. Such a support order shall
2    expire upon entry of a valid order allocating parental
3    responsibility differently and vacating petitioner's
4    significant decision-making responsibility unless
5    otherwise provided in the order.
6        (13) Order for payment of losses. Order respondent to
7    pay petitioner for losses suffered as a direct result of
8    the abuse. Such losses shall include, but not be limited
9    to, medical expenses, lost earnings or other support,
10    repair or replacement of property damaged or taken,
11    reasonable attorney's fees, court costs, and moving or
12    other travel expenses, including additional reasonable
13    expenses for temporary shelter and restaurant meals.
14            (i) Losses affecting family needs. If a party is
15        entitled to seek maintenance, child support, or
16        property distribution from the other party under the
17        Illinois Marriage and Dissolution of Marriage Act, as
18        now or hereafter amended, the court may order
19        respondent to reimburse petitioner's actual losses, to
20        the extent that such reimbursement would be
21        "appropriate temporary relief", as authorized by
22        subsection (a)(3) of Section 501 of that Act.
23            (ii) Recovery of expenses. In the case of an
24        improper concealment or removal of a minor child, the
25        court may order respondent to pay the reasonable
26        expenses incurred or to be incurred in the search for

 

 

SB2889- 118 -LRB102 17768 RLC 24011 b

1        and recovery of the minor child, including, but not
2        limited to, legal fees, court costs, private
3        investigator fees, and travel costs.
4        (14) Prohibition of entry. Prohibit the respondent
5    from entering or remaining in the residence or household
6    while the respondent is under the influence of alcohol or
7    drugs and constitutes a threat to the safety and
8    well-being of the petitioner or the petitioner's children.
9        (14.5) Prohibition of firearm possession.
10            (A) A person who is subject to an existing
11        domestic violence order of protection issued under
12        this Code may not lawfully possess weapons or a valid
13        Firearm Owner's Identification Card under Section 8.2
14        of the Firearm Owners Identification Card Act.
15            (B) Any firearms in the possession of the
16        respondent, except as provided in subparagraph (C) of
17        this paragraph (14.5), shall be ordered by the court
18        to be turned over to a person with a valid Firearm
19        Owner's Identification Card for safekeeping. The court
20        shall issue an order that the respondent comply with
21        Section 9.5 of the Firearm Owners Identification Card
22        Act. the respondent's Firearm Owner's Identification
23        Card be turned over to the local law enforcement
24        agency, which in turn shall immediately mail the card
25        to the Department of State Police Firearm Owner's
26        Identification Card Office for safekeeping. The period

 

 

SB2889- 119 -LRB102 17768 RLC 24011 b

1        of safekeeping shall be for the duration of the
2        domestic violence order of protection. The firearm or
3        firearms and Firearm Owner's Identification Card, if
4        unexpired, shall at the respondent's request be
5        returned to the respondent at expiration of the
6        domestic violence order of protection.
7            (C) If the respondent is a peace officer as
8        defined in Section 2-13 of the Criminal Code of 2012,
9        the court shall order that any firearms used by the
10        respondent in the performance of his or her duties as a
11        peace officer be surrendered to the chief law
12        enforcement executive of the agency in which the
13        respondent is employed, who shall retain the firearms
14        for safekeeping for the duration of the domestic
15        violence order of protection.
16            (D) Upon expiration of the period of safekeeping,
17        if the firearms or Firearm Owner's Identification Card
18        cannot be returned to respondent because respondent
19        cannot be located, fails to respond to requests to
20        retrieve the firearms, or is not lawfully eligible to
21        possess a firearm, upon petition from the local law
22        enforcement agency, the court may order the local law
23        enforcement agency to destroy the firearms, use the
24        firearms for training purposes, or for any other
25        application as deemed appropriate by the local law
26        enforcement agency; or that the firearms be turned

 

 

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1        over to a third party who is lawfully eligible to
2        possess firearms, and who does not reside with
3        respondent.
4        (15) Prohibition of access to records. If a domestic
5    violence order of protection prohibits respondent from
6    having contact with the minor child, or if petitioner's
7    address is omitted under subsection (b) of Section 112A-5
8    of this Code, or if necessary to prevent abuse or wrongful
9    removal or concealment of a minor child, the order shall
10    deny respondent access to, and prohibit respondent from
11    inspecting, obtaining, or attempting to inspect or obtain,
12    school or any other records of the minor child who is in
13    the care of petitioner.
14        (16) Order for payment of shelter services. Order
15    respondent to reimburse a shelter providing temporary
16    housing and counseling services to the petitioner for the
17    cost of the services, as certified by the shelter and
18    deemed reasonable by the court.
19        (17) Order for injunctive relief. Enter injunctive
20    relief necessary or appropriate to prevent further abuse
21    of a family or household member or to effectuate one of the
22    granted remedies, if supported by the balance of
23    hardships. If the harm to be prevented by the injunction
24    is abuse or any other harm that one of the remedies listed
25    in paragraphs (1) through (16) of this subsection is
26    designed to prevent, no further evidence is necessary to

 

 

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1    establish that the harm is an irreparable injury.
2        (18) Telephone services.
3            (A) Unless a condition described in subparagraph
4        (B) of this paragraph exists, the court may, upon
5        request by the petitioner, order a wireless telephone
6        service provider to transfer to the petitioner the
7        right to continue to use a telephone number or numbers
8        indicated by the petitioner and the financial
9        responsibility associated with the number or numbers,
10        as set forth in subparagraph (C) of this paragraph. In
11        this paragraph (18), the term "wireless telephone
12        service provider" means a provider of commercial
13        mobile service as defined in 47 U.S.C. 332. The
14        petitioner may request the transfer of each telephone
15        number that the petitioner, or a minor child in his or
16        her custody, uses. The clerk of the court shall serve
17        the order on the wireless telephone service provider's
18        agent for service of process provided to the Illinois
19        Commerce Commission. The order shall contain all of
20        the following:
21                (i) The name and billing telephone number of
22            the account holder including the name of the
23            wireless telephone service provider that serves
24            the account.
25                (ii) Each telephone number that will be
26            transferred.

 

 

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1                (iii) A statement that the provider transfers
2            to the petitioner all financial responsibility for
3            and right to the use of any telephone number
4            transferred under this paragraph.
5            (B) A wireless telephone service provider shall
6        terminate the respondent's use of, and shall transfer
7        to the petitioner use of, the telephone number or
8        numbers indicated in subparagraph (A) of this
9        paragraph unless it notifies the petitioner, within 72
10        hours after it receives the order, that one of the
11        following applies:
12                (i) The account holder named in the order has
13            terminated the account.
14                (ii) A difference in network technology would
15            prevent or impair the functionality of a device on
16            a network if the transfer occurs.
17                (iii) The transfer would cause a geographic or
18            other limitation on network or service provision
19            to the petitioner.
20                (iv) Another technological or operational
21            issue would prevent or impair the use of the
22            telephone number if the transfer occurs.
23            (C) The petitioner assumes all financial
24        responsibility for and right to the use of any
25        telephone number transferred under this paragraph. In
26        this paragraph, "financial responsibility" includes

 

 

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1        monthly service costs and costs associated with any
2        mobile device associated with the number.
3            (D) A wireless telephone service provider may
4        apply to the petitioner its routine and customary
5        requirements for establishing an account or
6        transferring a number, including requiring the
7        petitioner to provide proof of identification,
8        financial information, and customer preferences.
9            (E) Except for willful or wanton misconduct, a
10        wireless telephone service provider is immune from
11        civil liability for its actions taken in compliance
12        with a court order issued under this paragraph.
13            (F) All wireless service providers that provide
14        services to residential customers shall provide to the
15        Illinois Commerce Commission the name and address of
16        an agent for service of orders entered under this
17        paragraph (18). Any change in status of the registered
18        agent must be reported to the Illinois Commerce
19        Commission within 30 days of such change.
20            (G) The Illinois Commerce Commission shall
21        maintain the list of registered agents for service for
22        each wireless telephone service provider on the
23        Commission's website. The Commission may consult with
24        wireless telephone service providers and the Circuit
25        Court Clerks on the manner in which this information
26        is provided and displayed.

 

 

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1    (c) Relevant factors; findings.
2        (1) In determining whether to grant a specific remedy,
3    other than payment of support, the court shall consider
4    relevant factors, including, but not limited to, the
5    following:
6            (i) the nature, frequency, severity, pattern, and
7        consequences of the respondent's past abuse of the
8        petitioner or any family or household member,
9        including the concealment of his or her location in
10        order to evade service of process or notice, and the
11        likelihood of danger of future abuse to petitioner or
12        any member of petitioner's or respondent's family or
13        household; and
14            (ii) the danger that any minor child will be
15        abused or neglected or improperly relocated from the
16        jurisdiction, improperly concealed within the State,
17        or improperly separated from the child's primary
18        caretaker.
19        (2) In comparing relative hardships resulting to the
20    parties from loss of possession of the family home, the
21    court shall consider relevant factors, including, but not
22    limited to, the following:
23            (i) availability, accessibility, cost, safety,
24        adequacy, location, and other characteristics of
25        alternate housing for each party and any minor child
26        or dependent adult in the party's care;

 

 

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1            (ii) the effect on the party's employment; and
2            (iii) the effect on the relationship of the party,
3        and any minor child or dependent adult in the party's
4        care, to family, school, church, and community.
5        (3) Subject to the exceptions set forth in paragraph
6    (4) of this subsection (c), the court shall make its
7    findings in an official record or in writing, and shall at
8    a minimum set forth the following:
9            (i) That the court has considered the applicable
10        relevant factors described in paragraphs (1) and (2)
11        of this subsection (c).
12            (ii) Whether the conduct or actions of respondent,
13        unless prohibited, will likely cause irreparable harm
14        or continued abuse.
15            (iii) Whether it is necessary to grant the
16        requested relief in order to protect petitioner or
17        other alleged abused persons.
18        (4) (Blank).
19        (5) Never married parties. No rights or
20    responsibilities for a minor child born outside of
21    marriage attach to a putative father until a father and
22    child relationship has been established under the Illinois
23    Parentage Act of 1984, the Illinois Parentage Act of 2015,
24    the Illinois Public Aid Code, Section 12 of the Vital
25    Records Act, the Juvenile Court Act of 1987, the Probate
26    Act of 1975, the Uniform Interstate Family Support Act,

 

 

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1    the Expedited Child Support Act of 1990, any judicial,
2    administrative, or other act of another state or
3    territory, any other statute of this State, or by any
4    foreign nation establishing the father and child
5    relationship, any other proceeding substantially in
6    conformity with the federal Personal Responsibility and
7    Work Opportunity Reconciliation Act of 1996, or when both
8    parties appeared in open court or at an administrative
9    hearing acknowledging under oath or admitting by
10    affirmation the existence of a father and child
11    relationship. Absent such an adjudication, no putative
12    father shall be granted temporary allocation of parental
13    responsibilities, including parenting time with the minor
14    child, or physical care and possession of the minor child,
15    nor shall an order of payment for support of the minor
16    child be entered.
17    (d) Balance of hardships; findings. If the court finds
18that the balance of hardships does not support the granting of
19a remedy governed by paragraph (2), (3), (10), (11), or (16) of
20subsection (b) of this Section, which may require such
21balancing, the court's findings shall so indicate and shall
22include a finding as to whether granting the remedy will
23result in hardship to respondent that would substantially
24outweigh the hardship to petitioner from denial of the remedy.
25The findings shall be an official record or in writing.
26    (e) Denial of remedies. Denial of any remedy shall not be

 

 

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1based, in whole or in part, on evidence that:
2        (1) respondent has cause for any use of force, unless
3    that cause satisfies the standards for justifiable use of
4    force provided by Article 7 of the Criminal Code of 2012;
5        (2) respondent was voluntarily intoxicated;
6        (3) petitioner acted in self-defense or defense of
7    another, provided that, if petitioner utilized force, such
8    force was justifiable under Article 7 of the Criminal Code
9    of 2012;
10        (4) petitioner did not act in self-defense or defense
11    of another;
12        (5) petitioner left the residence or household to
13    avoid further abuse by respondent;
14        (6) petitioner did not leave the residence or
15    household to avoid further abuse by respondent; or
16        (7) conduct by any family or household member excused
17    the abuse by respondent, unless that same conduct would
18    have excused such abuse if the parties had not been family
19    or household members.
20(Source: P.A. 100-199, eff. 1-1-18; 100-388, eff. 1-1-18;
21100-597, eff. 6-29-18; 100-863, eff. 8-14-18; 100-923, eff.
221-1-19; 101-81, eff. 7-12-19.)

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 120/2from Ch. 102, par. 42
4    5 ILCS 140/7.5
5    20 ILCS 2605/2605-304 new
6    20 ILCS 2605/2605-605
7    30 ILCS 105/5.935 new
8    30 ILCS 105/6z-99
9    30 ILCS 105/6z-124 new
10    430 ILCS 65/1.1from Ch. 38, par. 83-1.1
11    430 ILCS 65/3.1from Ch. 38, par. 83-3.1
12    430 ILCS 65/4from Ch. 38, par. 83-4
13    430 ILCS 65/5from Ch. 38, par. 83-5
14    430 ILCS 65/6from Ch. 38, par. 83-6
15    430 ILCS 65/6.2 new
16    430 ILCS 65/7from Ch. 38, par. 83-7
17    430 ILCS 65/7.5 new
18    430 ILCS 65/8.2
19    430 ILCS 65/8.3
20    430 ILCS 65/8.4 new
21    430 ILCS 65/9.5
22    430 ILCS 65/10from Ch. 38, par. 83-10
23    430 ILCS 65/11from Ch. 38, par. 83-11
24    430 ILCS 65/13.2from Ch. 38, par. 83-13.2
25    430 ILCS 65/13.4 new

 

 

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1    430 ILCS 66/10.5 new
2    430 ILCS 66/10.6 new
3    430 ILCS 66/20
4    430 ILCS 66/30
5    430 ILCS 66/70
6    430 ILCS 67/35
7    430 ILCS 67/40
8    720 ILCS 5/24-3from Ch. 38, par. 24-3
9    725 ILCS 5/112A-14from Ch. 38, par. 112A-14