99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3030

 

Introduced 2/18/2016, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Lethal Violence Order of Protection Act. Provides that a petitioner may request an emergency lethal violence order of protection by filing an affidavit or verified pleading alleging that the respondent poses an immediate and present danger of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm. Provides that the petition shall also describe the type, and location of any firearm or firearms presently believed by the petitioner to be possessed or controlled by the respondent. Provides that the petitioner may be a family member of the respondent or a law enforcement officer, who files a petition alleging that the respondent poses a danger of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm. Establishes factors that the court must consider before issuing a lethal violence order of protection. Provides for the issuance of ex parte orders and one year orders. Provides that if the court issues the order the respondent must: (1) refrain from having in his or her custody or control, owning, purchasing, possessing, or receiving additional firearms for the duration of the order; and (2) turn over to the local law enforcement agency any firearm, Firearm Owner's Identification Card, or concealed carry license in his or her possession. Establishes factors for renewing and terminating lethal violence orders of protection. Amends the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act to make conforming changes. Provides that if the respondent is alleged to pose an immediate and present danger of causing personal injury to an intimate partner, or an intimate partner is alleged to have been the target of a threat or act of violence by the respondent, petitioner shall make a good faith effort to provide notice to any and all intimate partners of the respondent. Defines "intimate partner", "lethal violence order of protection", "petitioner", and "respondent".


LRB099 18819 RLC 43204 b

 

 

A BILL FOR

 

SB3030LRB099 18819 RLC 43204 b

1    AN ACT concerning orders of protection.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Lethal
5Violence Order of Protection Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Intimate partner" means a spouse, former spouse, a person
8with whom the respondent has or allegedly has a child in
9common, or a person with whom the respondent has or has had a
10dating or engagement relationship.
11    "Lethal violence order of protection" means an order issued
12by the court, prohibiting and enjoining a named person from
13having in his or her custody or control, owning, purchasing,
14possessing, or receiving any firearms.
15    "Petitioner" means:
16        (1) a family member of the respondent as defined in
17    Section 103 of the Illinois Domestic Violence Act of 1986;
18    or
19        (2) a law enforcement officer, who files a petition
20    alleging that the respondent poses a danger of causing
21    personal injury to himself, herself, or another by having
22    in his or her custody or control, owning, purchasing,
23    possessing, or receiving a firearm.

 

 

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1    "Respondent" means the person alleged in the petition to
2pose a danger of causing personal injury to himself, herself,
3or another by having in his or her custody or control, owning,
4purchasing, possessing, or receiving a firearm.
 
5    Section 10. Commencement of action; procedure.
6    (a) Actions for a lethal violence order of protection are
7commenced by filing a verified petition for a lethal violence
8order of protection in any circuit court.
9    (b) A petition for a lethal violence order of protection
10may be filed in any county where the respondent resides.
11    (c) No fee shall be charged by the clerk for filing,
12amending, vacating, certifying, or photocopying petitions or
13orders; or for issuing alias summons; or for any related filing
14service. No fee shall be charged by the sheriff for service by
15the sheriff of a petition, rule, motion, or order in an action
16commenced under this Section.
17    (d) The court shall provide, through the office of the
18clerk of the court, simplified forms and clerical assistance to
19help with the writing and filing of a petition under this
20Section by any person not represented by counsel. In addition,
21that assistance may be provided by the State's Attorney.
 
22    Section 15. Subject matter jurisdiction. Each of the
23circuit courts shall have the power to issue lethal violence
24orders of protection.
 

 

 

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1    Section 20. Jurisdiction over persons. The circuit courts
2of this State have jurisdiction to bind (1) State residents and
3(2) non-residents having minimum contacts with this State, to
4the extent permitted by Section 2-209 of the Code of Civil
5Procedure.
 
6    Section 25. Process. The summons shall be in the form
7prescribed by Supreme Court Rule 101(d), except that it shall
8require respondent to answer or appear within 7 days.
9Attachments to the summons or notice shall include the petition
10for the lethal violence order of protection and supporting
11affidavits, if any, and any emergency lethal violence order of
12protection that has been issued. The enforcement of an order
13under Section 35 shall not be affected by the lack of service,
14delivery, or notice, provided the requirements of subsection
15(f) of that Section are otherwise met.
 
16    Section 30. Service of notice of hearings. Service of
17notice of hearings. Except as provided in Section 25, notice of
18hearings on petitions or motions shall be served in accordance
19with Supreme Court Rules 11 and 12, unless notice is excused by
20Section 35 of this Act, or by the Code of Civil Procedure,
21Supreme Court Rules, or local rules.
 
22    Section 35. Ex parte orders and emergency hearings.

 

 

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1    (a) A petitioner may request an emergency lethal violence
2order of protection by filing an affidavit or verified pleading
3alleging that the respondent poses an immediate and present
4danger of causing personal injury to himself, herself, or
5another by having in his or her custody or control, owning,
6purchasing, possessing, or receiving a firearm. The petition
7shall also describe the type, and location of any firearm or
8firearms presently believed by the petitioner to be possessed
9or controlled by the respondent.
10    (b) If the respondent is alleged to pose an immediate and
11present danger of causing personal injury to an intimate
12partner, or an intimate partner is alleged to have been the
13target of a threat or act of violence by the respondent,
14petitioner shall make a good faith effort to provide notice to
15any and all intimate partners of the respondent. The notice
16must include that the petitioner intends to petition the court
17for an emergency lethal violence order, and, if petitioner is a
18law enforcement officer, referral to relevant domestic
19violence or stalking advocacy or counseling resources, if
20appropriate. Petitioner shall attest to having provided the
21notice in the filed affidavit or verified pleading. If after
22making a good faith effort petitioner is unable to provide
23notice to any or all intimate partners, the affidavit or
24verified pleading should describe what efforts were made.
25    (c) Every person who files a petition for an emergency
26lethal violence order, knowing the information provided to the

 

 

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1court at any hearing or in the affidavit or verified pleading
2to be false, is guilty of perjury under Section 32-2 of the
3Criminal Code of 2012.
4    (d) An emergency order of protection shall be issued on an
5ex parte basis, that is, without notice to the respondent.
6    (e) An emergency hearing held on an ex parte basis shall be
7held the same day that the petition is filed or the next day
8that the court is in session.
9    (f) If a circuit or associate judge finds reasonable cause
10to believe that the respondent poses an immediate and present
11danger of causing personal injury to himself, herself, or
12another by having in his or her custody or control, owning,
13purchasing, possessing, or receiving a firearm the circuit or
14associate judge shall issue an emergency order.
15    (g) An emergency lethal violence order of protection shall
16require:
17        (1) the respondent to refrain from having in his or her
18    custody or control, owning, purchasing, possessing, or
19    receiving additional firearms for the duration of the
20    order;
21        (2) the respondent to turn over to the local law
22    enforcement agency any Firearm Owner's Identification Card
23    and concealed carry license in his or her possession. The
24    local law enforcement agency shall immediately mail the
25    card and concealed carry license to the Department of State
26    Police Firearm Owner's Identification Card Office for

 

 

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1    safekeeping. The firearm or firearms and Firearm Owner's
2    Identification Card and concealed carry license, if
3    unexpired, shall at the respondent's request, be returned
4    to the respondent after the lethal violence order of
5    protection is terminated or expired. It is the respondent's
6    responsibility to notify the Department of State Police
7    Firearm Owner's Identification Card Office; and
8        (3) any law-enforcement agency to forthwith search for
9    and seize firearms of the respondent upon probable cause
10    that the respondent has possession of a firearm, and
11    petitioner or the court can describe, with sufficient
12    particularity, the location of the firearm or firearms.
13    (h) Upon expiration of the period of safekeeping, if the
14firearms or Firearm Owner's Identification Card and concealed
15carry license cannot be returned to respondent because
16respondent cannot be located, fails to respond to requests to
17retrieve the firearms, or is not lawfully eligible to possess a
18firearm, upon petition from the local law enforcement agency,
19the court may order the local law enforcement agency to destroy
20the firearms, use the firearms for training purposes, or for
21any other application as deemed appropriate by the local law
22enforcement agency.
23    (i) In accordance with subsection (e) of this Section, the
24court shall schedule a full hearing within 14 days of the
25issuance of an ex parte lethal violence order of protection to
26determine if a one-year lethal violence order of protection

 

 

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1shall be issued. The court may extend an ex parte order as
2needed, but not to exceed 30 days, to effectuate service of the
3order or if necessary to continue protection.
 
4    Section 40. One-year orders.
5    (a) A petitioner may request a one-year lethal violence
6order of protection by filing an affidavit or verified pleading
7alleging that the respondent poses a significant danger of
8causing personal injury to himself, herself, or another in the
9near future by having in his or her custody or control, owning,
10purchasing, possessing, or receiving a firearm. The petition
11shall also describe the number, types, and locations of any
12firearms presently believed by the petitioner to be possessed
13or controlled by the respondent.
14    (b) If the respondent is alleged to pose an immediate and
15present danger of causing personal injury to an intimate
16partner, or an intimate partner is alleged to have been the
17target of a threat or act of violence by the respondent,
18petitioner shall make a good faith effort to provide notice to
19any and all intimate partners of the respondent. The notice
20must include that the petitioner intends to petition the court
21for an emergency lethal violence order, and, if petitioner is a
22law enforcement officer, referral to relevant domestic
23violence or stalking advocacy or counseling resources, if
24appropriate. Petitioner shall attest to having provided the
25notice in the filed affidavit or verified pleading. If after

 

 

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1making a good faith effort petitioner is unable to provide
2notice to any or all intimate partners, the affidavit or
3verified pleading should describe what efforts were made.
4    (c) Every person who files a petition for an emergency
5lethal violence order, knowing the information provided to the
6court at any hearing or in the affidavit or verified pleading
7to be false, is guilty of perjury under Section 32-2 of the
8Criminal Code of 2012.
9    (d) Upon receipt of a petition for a one-year lethal
10violence order of protection, the court shall order a hearing
11within 30 days.
12    (e) In determining whether to issue a lethal violence order
13of protection under this Section, the court shall consider
14evidence of:
15        (1) A recent threat of violence or act of violence by
16    the respondent directed toward himself, herself, or
17    another.
18        (2) A violation of an emergency order of protection
19    issued under Section 217 of the Illinois Domestic Violence
20    Act of 1986 or Section 112A-17 of the Code of Criminal
21    Procedure of 1963 or of an order of protection issued under
22    Section 214 of the Illinois Domestic Violence Act of 1986
23    or Section 112A-14 of the Code of Criminal Procedure of
24    1963.
25        (3) A pattern of violent acts or violent threats,
26    including, but not limited to, threats of violence or acts

 

 

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1    of violence by the respondent directed toward himself,
2    herself, or another.
3    (f) In determining whether to issue a lethal violence order
4of protection under this Section, the court may consider
5evidence including, but not limited to, the following:
6        (1) The unlawful and reckless use, display, or
7    brandishing of a firearm by the respondent.
8        (2) The history of use, attempted use, or threatened
9    use of physical force by the respondent against another
10    person.
11        (3) Any prior arrest of the respondent for a felony
12    offense.
13        (4) Evidence of the abuse of controlled substances or
14    alcohol by the respondent.
15        (5) Evidence of recent acquisition of firearms,
16    ammunition, or other deadly weapons.
17    (g) At the hearing, the petitioner shall have the burden of
18proving, by preponderance of the evidence, that the respondent
19poses a significant danger of personal injury to himself,
20herself, or another by having in his or her custody or control,
21owning, purchasing, possessing, or receiving a firearm.
22    (h) If the court finds that there is a preponderance of the
23evidence to issue a lethal violence order of protection, the
24court shall issue a lethal violence order of protection that
25shall be in effect for one year subject to renewal under
26Section 45 of this Act or termination under that Section.

 

 

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1    (i) A one-year lethal violence order of protection shall
2require:
3        (1) the respondent to refrain from having in his or her
4    custody or control, owning, purchasing, possessing or
5    receiving additional firearms for the duration of the
6    order;
7        (2) the respondent to turn over to the local law
8    enforcement agency any firearm or Firearm Owner's
9    Identification Card and concealed carry license in his or
10    her possession. The local law enforcement agency shall
11    immediately mail the card and concealed carry license to
12    the Department of State Police Firearm Owner's
13    Identification Card Office for safekeeping. The firearm or
14    firearms and Firearm Owner's Identification Card and
15    concealed carry license, if unexpired shall at the
16    respondent's request, be returned to the respondent after
17    the lethal violence order of protection is terminated or
18    expired. It is the respondent's responsibility to notify
19    the Department of State Police Firearm Owner's
20    Identification Card Office; and
21        (3) any law-enforcement agency to forthwith search for
22    and seize firearms of the respondent upon probable cause
23    that the respondent has possession of a firearm, and
24    petitioner can describe, with sufficient particularity,
25    the location of the firearm or firearms.
26    (j) Upon expiration of the period of safekeeping, if the

 

 

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1firearms or Firearm Owner's Identification Card cannot be
2returned to respondent because respondent cannot be located,
3fails to respond to requests to retrieve the firearms, or is
4not lawfully eligible to possess a firearm, upon petition from
5the local law enforcement agency, the court may order the local
6law enforcement agency to destroy the firearms, use the
7firearms for training purposes, or for any other application as
8deemed appropriate by the local law enforcement agency.
9    (k) If the court does not issue a lethal violence order of
10protection at the hearing, the court shall dissolve any
11emergency lethal violence order of protection then in effect.
12    (l) When the court issues a lethal violence order of
13protection under this Section, the court shall inform the
14respondent that he or she is entitled to one hearing during the
15period of the order to request a termination of the order,
16under Section 45 of this Act, and shall provide the respondent
17with a form to request a hearing.
 
18    Section 45. Termination and renewal.
19    (a) A person subject to a lethal violence order of
20protection issued under this Act may submit one written request
21at any time during the effective period of the order for a
22hearing to terminate the order.
23        (1) The respondent shall have the burden of proving by
24    a preponderance of the evidence that the respondent does
25    not pose a danger of causing personal injury to himself,

 

 

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1    herself, or another in the near future by having in his or
2    her custody or control, owning, purchasing, possessing, or
3    receiving a firearm.
4        (2) If the court finds after the hearing that the
5    respondent has met his or her burden, the court shall
6    terminate the order.
7    (b) A petitioner may request a renewal of a lethal violence
8order of protection at any time within the 3 months before the
9expiration of a lethal violence order of protection.
10        (1) A court shall, after notice and a hearing, renew a
11    lethal violence order of protection issued under this part
12    if the petitioner proves, by a preponderance of the
13    evidence, that the respondent continues to pose a danger of
14    causing personal injury to himself, herself, or another in
15    the near future by having in his or her custody or control,
16    owning, purchasing, possessing, or receiving a firearm.
17        (2) In determining whether to renew a lethal violence
18    order of protection issued under this Act, the court shall
19    consider evidence of the facts identified in subsection (e)
20    of Section 40 of this Act and any other evidence of an
21    increased risk for violence, including, but not limited to,
22    evidence of any of the factors identified in subsection (f)
23    of Section 40 of this Act.
24        (3) At the hearing, the petitioner shall have the
25    burden of proving, by a preponderance of the evidence that
26    the respondent continues to pose a danger of causing

 

 

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1    personal injury to himself, herself, or another in the near
2    future by having in his or her custody or control, owning,
3    purchasing, possessing, or receiving a firearm.
4        (4) The renewal of a lethal violence order of
5    protection issued under this Section shall be in effect for
6    one year, subject to termination by further order of the
7    court at a hearing held under this Section and further
8    renewal by further order of the court under this Section.
 
9    Section 50. Notice of orders.
10    (a) Entry and issuance. Upon issuance of any lethal
11violence order of protection, the clerk shall immediately, or
12on the next court day if an emergency lethal violence order of
13protection is issued in accordance with Section 35 of this Act
14(emergency lethal violence order of protection), (i) enter the
15order on the record and file it in accordance with the circuit
16court procedures and (ii) provide a file stamped copy of the
17order to respondent, if present, and to petitioner.
18    (b) Filing with sheriff. The clerk of the issuing judge
19shall, or the petitioner may, on the same day that a lethal
20violence order of protection is issued, file a certified copy
21of that order with the sheriff or other law enforcement
22officials charged with maintaining Department of State Police
23records or charged with serving the order upon respondent. If
24the order was issued in accordance with Section 35 of this Act
25(emergency lethal violence order of protection), the clerk

 

 

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1shall on the next court day, file a certified copy of the order
2with the sheriff or other law enforcement officials charged
3with maintaining Department of State Police records.
4    (c) Service by sheriff. Unless respondent was present in
5court when the order was issued, the sheriff, other law
6enforcement official, or special process server shall promptly
7serve that order upon respondent and file proof of the service,
8in the manner provided for service of process in civil
9proceedings. Instead of serving the order upon the respondent,
10however, the sheriff, other law enforcement official, special
11process server, or other persons defined in Section 112A-22.10
12of the Criminal Code of 1963 may serve the respondent with a
13short form notification as provided in that Section. If process
14has not yet been served upon the respondent, it shall be served
15with the order or short form notification if the service is
16made by the sheriff, other law enforcement official, or special
17process server. A single fee may be charged for service of an
18order obtained in circuit court, or for service of the order
19together with process, unless waived or deferred under
20subsection (c) of Section 10 of this Act.
21    (d) Any order renewing or terminating any lethal violence
22order of protection shall be promptly recorded, issued, and
23served as provided in this Section.
 
24    Section 55. Data maintenance by law enforcement agencies.
25    (a) All sheriffs shall furnish to the Department of State

 

 

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1Police, daily, in the form and detail the Department requires,
2copies of any recorded lethal violence order of protection
3issued by the court, and any foreign orders of protection filed
4by the clerk of the court, and transmitted to the sheriff by
5the clerk of the court under Section 50. Each lethal violence
6order of protection shall be entered in the Law Enforcement
7Agencies Data System (LEADS) on the same day it is issued by
8the court. If an emergency lethal violence order of protection
9was issued in accordance with Section 35 of this Act, the order
10shall be entered in the Law Enforcement Agencies Data System
11(LEADS) as soon as possible after receipt from the clerk.
12    (b) The Department of State Police shall maintain a
13complete and systematic record and index of all valid and
14recorded lethal violence orders of protection issued or filed
15under this Act. The data shall be used to inform all
16dispatchers and law enforcement officers at the scene of a
17violation of lethal violence order of protection of the
18effective dates and terms of any recorded order of protection.
19    (c) The data, records and transmittals required under this
20Section shall pertain to any valid emergency or one-year lethal
21violence order of protection, whether issued in a civil or
22criminal proceeding or authorized under the laws of another
23state, tribe, or United States territory.
 
24    Section 60. Filing of a lethal violence order of protection
25issued by another state.

 

 

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1    (a) A person entitled to protection under a lethal violence
2order of protection or similar order issued by the court of
3another state, tribe, or United States territory may file a
4certified copy of the lethal violence order of protection with
5the clerk of the court in a judicial circuit in which the
6person believes that enforcement may be necessary.
7    (b) The clerk shall:
8        (1) treat the foreign lethal violence order of
9    protection in the same manner as a judgment of the circuit
10    court for any county of this State in accordance with the
11    provisions of the Uniform Enforcement of Foreign Judgments
12    Act, except that the clerk shall not mail notice of the
13    filing of the foreign order to the respondent named in the
14    order; and
15        (2) on the same day that a foreign lethal violence
16    order of protection is filed, file a certified copy of that
17    order with the sheriff or other law enforcement officials
18    charged with maintaining Department of State Police
19    records as set forth in Section 55 of this Act.
20    (c) Neither residence in this State nor filing of a foreign
21lethal violence order of protection shall be required for
22enforcement of the order by this State. Failure to file the
23foreign order shall not be an impediment to its treatment in
24all respects as an Illinois lethal violence order of
25protection.
26    (d) The clerk shall not charge a fee to file a foreign

 

 

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1order of protection under this Section.
 
2    Section 65. Enforcement; sanctions for violation of order.
3    (a) A respondent who knowingly violates a lethal violence
4order of protection is guilty of a Class A misdemeanor.
5Prosecution for a violation of a lethal violence order of
6protection shall not bar concurrent prosecution for any other
7crime, including any crime that may have been committed at the
8time of the violation of the lethal violence order of
9protection.
10    (b) A petitioner who files a petition for a lethal violence
11order of protection knowing the information in the petition to
12be false is guilty of a Class A misdemeanor.
 
13    Section 70. Non-preclusion of remedies. Nothing in this Act
14shall preclude a petitioner or law-enforcement officer from
15removing weapons under other authority, or filing criminal
16charges when probable cause exists.
 
17    Section 135. The Firearm Owners Identification Card Act is
18amended by changing Section 8.2 as follows:
 
19    (430 ILCS 65/8.2)
20    Sec. 8.2. Firearm Owner's Identification Card denial or
21revocation. The Department of State Police shall deny an
22application or shall revoke and seize a Firearm Owner's

 

 

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1Identification Card previously issued under this Act if the
2Department finds that the applicant or person to whom such card
3was issued is or was at the time of issuance subject to an
4existing order of protection or lethal violence order of
5protection.
6(Source: P.A. 96-701, eff. 1-1-10.)
 
7    Section 140. The Firearm Concealed Carry Act is amended by
8changing Section 70 as follows:
 
9    (430 ILCS 66/70)
10    Sec. 70. Violations.
11    (a) A license issued or renewed under this Act shall be
12revoked if, at any time, the licensee is found to be ineligible
13for a license under this Act or the licensee no longer meets
14the eligibility requirements of the Firearm Owners
15Identification Card Act.
16    (b) A license shall be suspended if an order of protection,
17including an emergency order of protection, plenary order of
18protection, or interim order of protection under Article 112A
19of the Code of Criminal Procedure of 1963 or under the Illinois
20Domestic Violence Act of 1986, or if a lethal violence order of
21protection, including an emergency lethal violence order of
22protection, under the Lethal Violence Order of Protection Act,
23is issued against a licensee for the duration of the order, or
24if the Department is made aware of a similar order issued

 

 

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

 

 

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1second violation and shall permanently revoke a license for 3
2or more violations of Section 65 of this Act. Any person
3convicted of a violation under this Section shall pay a $150
4fee to be deposited into the Mental Health Reporting Fund, plus
5any applicable court costs or fees.
6    (f) A licensee convicted or found guilty of a violation of
7this Act who has a valid license and is otherwise eligible to
8carry a concealed firearm shall only be subject to the
9penalties under this Section and shall not be subject to the
10penalties under Section 21-6, paragraph (4), (8), or (10) of
11subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
12of paragraph (3) of subsection (a) of Section 24-1.6 of the
13Criminal Code of 2012. Except as otherwise provided in this
14subsection, nothing in this subsection prohibits the licensee
15from being subjected to penalties for violations other than
16those specified in this Act.
17    (g) A licensee whose license is revoked, suspended, or
18denied shall, within 48 hours of receiving notice of the
19revocation, suspension, or denial, surrender his or her
20concealed carry license to the local law enforcement agency
21where the person resides. The local law enforcement agency
22shall provide the licensee a receipt and transmit the concealed
23carry license to the Department of State Police. If the
24licensee whose concealed carry license has been revoked,
25suspended, or denied fails to comply with the requirements of
26this subsection, the law enforcement agency where the person

 

 

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1resides may petition the circuit court to issue a warrant to
2search for and seize the concealed carry license in the
3possession and under the custody or control of the licensee
4whose concealed carry license has been revoked, suspended, or
5denied. The observation of a concealed carry license in the
6possession of a person whose license has been revoked,
7suspended, or denied constitutes a sufficient basis for the
8arrest of that person for violation of this subsection. A
9violation of this subsection is a Class A misdemeanor.
10    (h) A license issued or renewed under this Act shall be
11revoked if, at any time, the licensee is found ineligible for a
12Firearm Owner's Identification Card, or the licensee no longer
13possesses a valid Firearm Owner's Identification Card. A
14licensee whose license is revoked under this subsection (h)
15shall surrender his or her concealed carry license as provided
16for in subsection (g) of this Section.
17    This subsection shall not apply to a person who has filed
18an application with the State Police for renewal of a Firearm
19Owner's Identification Card and who is not otherwise ineligible
20to obtain a Firearm Owner's Identification Card.
21    (i) A certified firearms instructor who knowingly provides
22or offers to provide a false certification that an applicant
23has completed firearms training as required under this Act is
24guilty of a Class A misdemeanor. A person guilty of a violation
25of this subsection (i) is not eligible for court supervision.
26The Department shall permanently revoke the firearms

 

 

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1instructor certification of a person convicted under this
2subsection (i).
3(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899,
4eff. 8-15-14.)

 

 

SB3030- 23 -LRB099 18819 RLC 43204 b

1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    430 ILCS 65/8.2
5    430 ILCS 66/70