Illinois General Assembly - Full Text of HB0431
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Full Text of HB0431  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/8/2021, by Rep. Norine K. Hammond - Tony McCombie and Joe Sosnowski


430 ILCS 65/10  from Ch. 38, par. 83-10

    Amends the Firearm Owners Identification Card Act. Provides that once the aggrieved party submits all required information for his or her appeal, updated information shall not be required from the party when the Illinois State Police has not completed the review of the appeal within the required 60 days.

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HB0431LRB102 03990 RLC 14006 b

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



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



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1and the Director or court may grant such relief if it is
2established by the applicant to the court's or Director's
3satisfaction that:
4        (0.05) when in the circuit court, the State's Attorney
5    has been served with a written copy of the petition at
6    least 30 days before any such hearing in the circuit court
7    and at the hearing the State's Attorney was afforded an
8    opportunity to present evidence and object to the
9    petition;
10        (1) the applicant has not been convicted of a forcible
11    felony under the laws of this State or any other
12    jurisdiction within 20 years of the applicant's
13    application for a Firearm Owner's Identification Card, or
14    at least 20 years have passed since the end of any period
15    of imprisonment imposed in relation to that conviction;
16        (2) the circumstances regarding a criminal conviction,
17    where applicable, the applicant's criminal history and his
18    reputation are such that the applicant will not be likely
19    to act in a manner dangerous to public safety;
20        (3) granting relief would not be contrary to the
21    public interest; and
22        (4) granting relief would not be contrary to federal
23    law.
24    (c-5) (1) An active law enforcement officer employed by a
25unit of government, who is denied, revoked, or has his or her
26Firearm Owner's Identification Card seized under subsection



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



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



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1disability may apply to the Director of State Police
2requesting relief.
3    (2) The Director shall act on the request for relief
4within 60 business days of receipt of written certification,
5in the form prescribed by the Director, from a physician or
6clinical psychologist, or qualified examiner, that the
7aggrieved party's developmental disability or intellectual
8disability condition is determined by a physician, clinical
9psychologist, or qualified to be mild. If a fact-finding
10conference is scheduled to obtain additional information
11concerning the circumstances of the denial or revocation, the
1260 business days the Director has to act shall be tolled until
13the completion of the fact-finding conference.
14    (3) The Director may grant relief if the aggrieved party's
15developmental disability or intellectual disability is mild as
16determined by a physician, clinical psychologist, or qualified
17examiner and it is established by the applicant to the
18Director's satisfaction that:
19        (A) granting relief would not be contrary to the
20    public interest; and
21        (B) granting relief would not be contrary to federal
22    law.
23    (4) The Director may not grant relief if the condition is
24determined by a physician, clinical psychologist, or qualified
25examiner to be moderate, severe, or profound.
26    (5) The changes made to this Section by this amendatory



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



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