Full Text of SB1922 102nd General Assembly
SB1922 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB1922 Introduced 2/26/2021, by Sen. Rachelle Crowe SYNOPSIS AS INTRODUCED: |
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430 ILCS 65/10 | from Ch. 38, par. 83-10 |
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Amends the Firearm Owners Identification Card Act. Provides that notwithstanding any prohibitions on granting relief from obtaining a Firearm Owner's Identification Card because of federal law, the Director of the Illinois State Police, or the circuit court for various violations, may grant relief when the federal prohibition on possession of firearms is predicated solely on a provision of the Criminal Code of 2012, including, but not limited to, possession of a firearm by a felon, that would no longer apply to the applicant upon granting of relief under the appeals provisions of the Act. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Firearm Owners Identification Card Act is | 5 | | amended 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 | 8 | | prohibitions. | 9 | | (a) Whenever an application for a Firearm Owner's | 10 | | Identification
Card is denied, whenever the Department fails | 11 | | to act on an application
within 30 days of its receipt, or | 12 | | whenever such a Card is revoked or seized
as provided for in | 13 | | Section 8 of this Act, the aggrieved party may
appeal
to the | 14 | | Director of State Police for a hearing upon
such denial, | 15 | | revocation or seizure, unless the denial, revocation, or | 16 | | seizure
was based upon a forcible felony, stalking, aggravated | 17 | | stalking, domestic
battery, any violation of the Illinois | 18 | | Controlled Substances Act, the Methamphetamine Control and | 19 | | Community Protection Act, or the
Cannabis Control Act that is | 20 | | classified as a Class 2 or greater felony,
any
felony | 21 | | violation of Article 24 of the Criminal Code of 1961 or the | 22 | | Criminal Code of 2012, or any
adjudication as a delinquent | 23 | | minor for the commission of an
offense that if committed by an |
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| 1 | | adult would be a felony, in which case the
aggrieved party may | 2 | | petition the circuit court in writing in the county of
his or | 3 | | her residence for a hearing upon such denial, revocation, or | 4 | | seizure.
| 5 | | (b) At least 30 days before any hearing in the circuit | 6 | | court, the
petitioner shall serve the
relevant State's | 7 | | Attorney with a copy of the petition. The State's Attorney
may | 8 | | object to the petition and present evidence. At the hearing | 9 | | the court
shall
determine whether substantial justice has been | 10 | | done. Should the court
determine that substantial justice has | 11 | | not been done, the court shall issue an
order directing the | 12 | | Department of State Police to issue a Card. However, the court | 13 | | shall not issue the order if the petitioner is otherwise | 14 | | prohibited from obtaining, possessing, or using a firearm | 15 | | under
federal law.
| 16 | | (c) Any person prohibited from possessing a firearm under | 17 | | Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or | 18 | | acquiring a Firearm Owner's
Identification Card under Section | 19 | | 8 of this Act may apply to
the Director
of State Police
or | 20 | | petition the circuit court in the county where the petitioner | 21 | | resides,
whichever is applicable in accordance with subsection | 22 | | (a) of this Section,
requesting relief
from such prohibition | 23 | | and the Director or court may grant such relief if it
is
| 24 | | established by the applicant to the court's or Director's | 25 | | satisfaction
that:
| 26 | | (0.05) when in the circuit court, the State's Attorney |
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| 1 | | has been served
with a written
copy of the
petition at | 2 | | least 30 days before any such hearing in the circuit court | 3 | | and at
the hearing the
State's Attorney was afforded an | 4 | | opportunity to present evidence and object to
the | 5 | | petition;
| 6 | | (1) the applicant has not been convicted of a forcible | 7 | | felony under the
laws of this State or any other | 8 | | jurisdiction within 20 years of the
applicant's | 9 | | application for a Firearm Owner's Identification Card, or | 10 | | at
least 20 years have passed since the end of any period | 11 | | of imprisonment
imposed in relation to that conviction;
| 12 | | (2) the circumstances regarding a criminal conviction, | 13 | | where applicable,
the applicant's criminal history and his | 14 | | reputation are such that the applicant
will not be likely | 15 | | to act in a manner dangerous to public safety;
| 16 | | (3) granting relief would not be contrary to the | 17 | | public interest; and | 18 | | (4) granting relief would not be contrary to federal | 19 | | law. Notwithstanding any prohibitions on such relief in | 20 | | this paragraph (4), the Director, or circuit court as | 21 | | provided in subsection (a), may grant relief when the | 22 | | federal prohibition on possession of firearms is | 23 | | predicated solely on a provision of the Criminal Code of | 24 | | 2012, including, but not limited to, subsection (a) of | 25 | | Section 24-1.1 of that Code, that would no longer apply to | 26 | | the applicant upon granting of relief under this Section.
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| 1 | | (c-5) (1) An active law enforcement officer employed by a | 2 | | unit of government, who is denied, revoked, or has his or her | 3 | | Firearm Owner's Identification Card seized under subsection | 4 | | (e) of Section 8 of this Act may apply to the Director of State | 5 | | Police requesting relief if the officer did not act in a manner | 6 | | threatening to the officer, another person, or the public as | 7 | | determined by the treating clinical psychologist or physician, | 8 | | and as a result of his or her work is referred by the employer | 9 | | for or voluntarily seeks mental health evaluation or treatment | 10 | | by a licensed clinical psychologist, psychiatrist, or | 11 | | qualified examiner, and: | 12 | | (A) the officer has not received treatment | 13 | | involuntarily at a mental health facility, regardless of | 14 | | the length of admission; or has not been voluntarily | 15 | | admitted to a mental health facility for more than 30 days | 16 | | and not for more than one incident within the past 5 years; | 17 | | and | 18 | | (B) the officer has not left the mental institution | 19 | | against medical advice. | 20 | | (2) The Director of State Police shall grant expedited | 21 | | relief to active law enforcement officers described in | 22 | | paragraph (1) of this subsection (c-5) upon a determination by | 23 | | the Director that the officer's possession of a firearm does | 24 | | not present a threat to themselves, others, or public safety. | 25 | | The Director shall act on the request for relief within 30 | 26 | | business days of receipt of: |
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| 1 | | (A) a notarized statement from the officer in the form | 2 | | prescribed by the Director detailing the circumstances | 3 | | that led to the hospitalization; | 4 | | (B) all documentation regarding the admission, | 5 | | evaluation, treatment and discharge from the treating | 6 | | licensed clinical psychologist or psychiatrist of the | 7 | | officer; | 8 | | (C) a psychological fitness for duty evaluation of the | 9 | | person completed after the time of discharge; and | 10 | | (D) written confirmation in the form prescribed by the | 11 | | Director from the treating licensed clinical psychologist | 12 | | or psychiatrist that the provisions set forth in paragraph | 13 | | (1) of this subsection (c-5) have been met, the person | 14 | | successfully completed treatment, and their professional | 15 | | opinion regarding the person's ability to possess | 16 | | firearms. | 17 | | (3) Officers eligible for the expedited relief in | 18 | | paragraph (2) of this subsection (c-5) have the burden of | 19 | | proof on eligibility and must provide all information | 20 | | required. The Director may not consider granting expedited | 21 | | relief until the proof and information is received. | 22 | | (4) "Clinical psychologist", "psychiatrist", and | 23 | | "qualified examiner" shall have the same meaning as provided | 24 | | in Chapter I of the Mental Health and Developmental | 25 | | Disabilities Code. | 26 | | (c-10) (1) An applicant, who is denied, revoked, or has |
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| 1 | | his or her Firearm Owner's Identification Card seized under | 2 | | subsection (e) of Section 8 of this Act based upon a | 3 | | determination of a developmental disability or an intellectual | 4 | | disability may apply to the Director of State Police | 5 | | requesting relief. | 6 | | (2) The Director shall act on the request for relief | 7 | | within 60 business days of receipt of written certification, | 8 | | in the form prescribed by the Director, from a physician or | 9 | | clinical psychologist, or qualified examiner, that the | 10 | | aggrieved party's developmental disability or intellectual | 11 | | disability condition is determined by a physician, clinical | 12 | | psychologist, or qualified to be mild. If a fact-finding | 13 | | conference is scheduled to obtain additional information | 14 | | concerning the circumstances of the denial or revocation, the | 15 | | 60 business days the Director has to act shall be tolled until | 16 | | the completion of the fact-finding conference. | 17 | | (3) The Director may grant relief if the aggrieved party's | 18 | | developmental disability or intellectual disability is mild as | 19 | | determined by a physician, clinical psychologist, or qualified | 20 | | examiner and it is established by the applicant to the | 21 | | Director's satisfaction that: | 22 | | (A) granting relief would not be contrary to the | 23 | | public interest; and | 24 | | (B) granting relief would not be contrary to federal | 25 | | law. | 26 | | (4) The Director may not grant relief if the condition is |
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| 1 | | determined by a physician, clinical psychologist, or qualified | 2 | | examiner to be moderate, severe, or profound. | 3 | | (5) The changes made to this Section by this amendatory | 4 | | Act of the 99th General Assembly apply to requests for
relief | 5 | | pending on or before the effective date of this amendatory | 6 | | Act, except that the 60-day period for the Director to act on | 7 | | requests pending before the effective date shall begin
on the | 8 | | effective date of this amendatory Act. | 9 | | (d) When a minor is adjudicated delinquent for an offense | 10 | | which if
committed by an adult would be a felony, the court | 11 | | shall notify the Department
of State Police.
| 12 | | (e) The court shall review the denial of an application or | 13 | | the revocation of
a Firearm Owner's Identification Card of a | 14 | | person who has been adjudicated
delinquent for an offense that | 15 | | if
committed by an adult would be a felony if an
application | 16 | | for relief has been filed at least 10 years after the | 17 | | adjudication
of delinquency and the court determines that the | 18 | | applicant should be
granted relief from disability to obtain a | 19 | | Firearm Owner's Identification Card.
If the court grants | 20 | | relief, the court shall notify the Department of State
Police | 21 | | that the disability has
been removed and that the applicant is | 22 | | eligible to obtain a Firearm Owner's
Identification Card.
| 23 | | (f) Any person who is subject to the disabilities of 18 | 24 | | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act | 25 | | of 1968 because of an adjudication or commitment that occurred | 26 | | under the laws of this State or who was determined to be |
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| 1 | | subject to the provisions of subsections (e), (f), or (g) of | 2 | | Section 8 of this Act may apply to the Department of State | 3 | | Police requesting relief from that prohibition. The Director | 4 | | shall grant the relief if it is established by a preponderance | 5 | | of the evidence that the person will not be likely to act in a | 6 | | manner dangerous to public safety and that granting relief | 7 | | would not be contrary to the public interest. In making this | 8 | | determination, the Director shall receive evidence concerning | 9 | | (i) the circumstances regarding the firearms disabilities from | 10 | | which relief is sought; (ii) the petitioner's mental health | 11 | | and criminal history records, if any; (iii) the petitioner's | 12 | | reputation, developed at a minimum through character witness | 13 | | statements, testimony, or other character evidence; and (iv) | 14 | | changes in the petitioner's condition or circumstances since | 15 | | the disqualifying events relevant to the relief sought. If | 16 | | relief is granted under this subsection or by order of a court | 17 | | under this Section, the Director shall as soon as practicable | 18 | | but in no case later than 15 business days, update, correct, | 19 | | modify, or remove the person's record in any database that the | 20 | | Department of State Police makes available to the National | 21 | | Instant Criminal Background Check System and notify the United | 22 | | States Attorney General that the basis for the record being | 23 | | made available no longer applies. The Department of State | 24 | | Police shall adopt rules for the administration of this | 25 | | Section. | 26 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78, |
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| 1 | | eff. 7-20-15.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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