Illinois General Assembly - Full Text of SB2529
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Full Text of SB2529  99th General Assembly




State of Illinois
2015 and 2016


Introduced 2/16/2016, by Sen. William R. Haine


410 ILCS 130/5
430 ILCS 65/1.1  from Ch. 38, par. 83-1.1
430 ILCS 65/8  from Ch. 38, par. 83-8
430 ILCS 65/10  from Ch. 38, par. 83-10

    Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Includes in the findings Section of the Act that one of the purposes of the Act is to protect patients with debilitating medical conditions, as well as their physicians and providers, from denial or revocation of a Firearm Owner's Identification Card or concealed carry license. Amends the Firearm Owners Identification Card Act. Provides that the definition of "addicted to narcotics" does not include possession or use of recommended cannabis under the Compassionate Use of Medical Cannabis Pilot Program Act under the direction and authority of a physician or other person authorized to prescribe or recommend cannabis under that Act if used in the recommended manner. Provides that the Department of State Police may not deny an application for or revoke a Firearm Owner's Identification Card of a person who is a registered qualifying patient or registered designated caregiver under the Compassionate Use of Medical Cannabis Pilot Program Act. Effective immediately.

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SB2529LRB099 16122 RLC 40446 b

1    AN ACT concerning medical cannabis.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Compassionate Use of Medical Cannabis Pilot
5Program Act is amended by changing Section 5 as follows:
6    (410 ILCS 130/5)
7    (Section scheduled to be repealed on January 1, 2018)
8    Sec. 5. Findings.
9    (a) The recorded use of cannabis as a medicine goes back
10nearly 5,000 years. Modern medical research has confirmed the
11beneficial uses of cannabis in treating or alleviating the
12pain, nausea, and other symptoms associated with a variety of
13debilitating medical conditions, including cancer, multiple
14sclerosis, and HIV/AIDS, as found by the National Academy of
15Sciences' Institute of Medicine in March 1999.
16    (b) Studies published since the 1999 Institute of Medicine
17report continue to show the therapeutic value of cannabis in
18treating a wide array of debilitating medical conditions. These
19include relief of the neuropathic pain caused by multiple
20sclerosis, HIV/AIDS, and other illnesses that often fail to
21respond to conventional treatments and relief of nausea,
22vomiting, and other side effects of drugs used to treat
23HIV/AIDS and hepatitis C, increasing the chances of patients



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1continuing on life-saving treatment regimens.
2    (c) Cannabis has many currently accepted medical uses in
3the United States, having been recommended by thousands of
4licensed physicians to at least 600,000 patients in states with
5medical cannabis laws. The medical utility of cannabis is
6recognized by a wide range of medical and public health
7organizations, including the American Academy of HIV Medicine,
8the American College of Physicians, the American Nurses
9Association, the American Public Health Association, the
10Leukemia & Lymphoma Society, and many others.
11    (d) Data from the Federal Bureau of Investigation's Uniform
12Crime Reports and the Compendium of Federal Justice Statistics
13show that approximately 99 out of every 100 cannabis arrests in
14the U.S. are made under state law, rather than under federal
15law. Consequently, changing State law will have the practical
16effect of protecting from arrest the vast majority of seriously
17ill patients who have a medical need to use cannabis.
18    (e) Alaska, Arizona, California, Colorado, Connecticut,
19Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana,
20Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont,
21Washington, and Washington, D.C. have removed state-level
22criminal penalties from the medical use and cultivation of
23cannabis. Illinois joins in this effort for the health and
24welfare of its citizens.
25    (f) States are not required to enforce federal law or
26prosecute people for engaging in activities prohibited by



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1federal law. Therefore, compliance with this Act does not put
2the State of Illinois in violation of federal law.
3    (g) State law should make a distinction between the medical
4and non-medical uses of cannabis. Hence, the purpose of this
5Act is to protect patients with debilitating medical
6conditions, as well as their physicians and providers, from
7arrest and prosecution, criminal and other penalties,
8including denial or revocation of a Firearm Owner's
9Identification Card or concealed carry license, and property
10forfeiture if the patients engage in the medical use of
12(Source: P.A. 98-122, eff. 1-1-14.)
13    Section 10. The Firearm Owners Identification Card Act is
14amended by changing Sections 1.1, 8, and 10 as follows:
15    (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)
16    Sec. 1.1. For purposes of this Act:
17    "Addicted to narcotics" means a person who has been:
18        (1) convicted of an offense involving the use or
19    possession of cannabis, a controlled substance, or
20    methamphetamine within the past year; or
21        (2) determined by the Department of State Police to be
22    addicted to narcotics based upon State federal law or State
23    federal guidelines.
24    "Addicted to narcotics" does not include possession or use



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1of a prescribed controlled substance under the Illinois
2Controlled Substances Act or possession or use of prescribed or
3recommended cannabis under the Compassionate Use of Medical
4Cannabis Pilot Program Act under the direction and authority of
5a physician or other person authorized to prescribe the
6controlled substance under the Illinois Controlled Substances
7Act or prescribe or recommend cannabis under the Compassionate
8Use of Medical Cannabis Pilot Program Act when the controlled
9substance or cannabis is used in the prescribed or recommended
11    "Adjudicated as a person with a mental disability" means
12the person is the subject of a determination by a court, board,
13commission or other lawful authority that the person, as a
14result of marked subnormal intelligence, or mental illness,
15mental impairment, incompetency, condition, or disease:
16        (1) presents a clear and present danger to himself,
17    herself, or to others;
18        (2) lacks the mental capacity to manage his or her own
19    affairs or is adjudicated a person with a disability as
20    defined in Section 11a-2 of the Probate Act of 1975;
21        (3) is not guilty in a criminal case by reason of
22    insanity, mental disease or defect;
23        (3.5) is guilty but mentally ill, as provided in
24    Section 5-2-6 of the Unified Code of Corrections;
25        (4) is incompetent to stand trial in a criminal case;
26        (5) is not guilty by reason of lack of mental



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1    responsibility under Articles 50a and 72b of the Uniform
2    Code of Military Justice, 10 U.S.C. 850a, 876b;
3        (6) is a sexually violent person under subsection (f)
4    of Section 5 of the Sexually Violent Persons Commitment
5    Act;
6        (7) is a sexually dangerous person under the Sexually
7    Dangerous Persons Act;
8        (8) is unfit to stand trial under the Juvenile Court
9    Act of 1987;
10        (9) is not guilty by reason of insanity under the
11    Juvenile Court Act of 1987;
12        (10) is subject to involuntary admission as an
13    inpatient as defined in Section 1-119 of the Mental Health
14    and Developmental Disabilities Code;
15        (11) is subject to involuntary admission as an
16    outpatient as defined in Section 1-119.1 of the Mental
17    Health and Developmental Disabilities Code;
18        (12) is subject to judicial admission as set forth in
19    Section 4-500 of the Mental Health and Developmental
20    Disabilities Code; or
21        (13) is subject to the provisions of the Interstate
22    Agreements on Sexually Dangerous Persons Act.
23    "Clear and present danger" means a person who:
24        (1) communicates a serious threat of physical violence
25    against a reasonably identifiable victim or poses a clear
26    and imminent risk of serious physical injury to himself,



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1    herself, or another person as determined by a physician,
2    clinical psychologist, or qualified examiner; or
3        (2) demonstrates threatening physical or verbal
4    behavior, such as violent, suicidal, or assaultive
5    threats, actions, or other behavior, as determined by a
6    physician, clinical psychologist, qualified examiner,
7    school administrator, or law enforcement official.
8    "Clinical psychologist" has the meaning provided in
9Section 1-103 of the Mental Health and Developmental
10Disabilities Code.
11    "Controlled substance" means a controlled substance or
12controlled substance analog as defined in the Illinois
13Controlled Substances Act.
14    "Counterfeit" means to copy or imitate, without legal
15authority, with intent to deceive.
16    disability
17    This disability results in the professional opinion of a
18physician, clinical psychologist, or qualified examiner, in
19significant functional limitations in 3 or more of the
20following areas of major life activity:
21        (i) self-care;
22        (ii) receptive and expressive language;
23        (iii) learning;
24        (iv) mobility; or
25        (v) self-direction.
26    "Federally licensed firearm dealer" means a person who is



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



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



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



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1primary purpose is to provide treatment of persons with mental
3    "National governing body" means a group of persons who
4adopt rules and formulate policy on behalf of a national
5firearm sporting organization.
6    "Patient" means:
7        (1) a person who voluntarily receives mental health
8    treatment as an in-patient or resident of any public or
9    private mental health facility, unless the treatment was
10    solely for an alcohol abuse disorder and no other secondary
11    substance abuse disorder or mental illness; or
12        (2) a person who voluntarily receives mental health
13    treatment as an out-patient or is provided services by a
14    public or private mental health facility, and who poses a
15    clear and present danger to himself, herself, or to others.
16    "Person with a developmental disability" means a person
17with a disability which is attributable to any other condition
18which results in impairment similar to that caused by an
19intellectual disability and which requires services similar to
20those required by persons with intellectual disabilities. The
21disability must originate before the age of 18 years, be
22expected to continue indefinitely, and constitute a
23substantial disability. This disability results, in the
24professional opinion of a physician, clinical psychologist, or
25qualified examiner, in significant functional limitations in 3
26or more of the following areas of major life activity:



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1        (i) self-care;
2        (ii) receptive and expressive language;
3        (iii) learning;
4        (iv) mobility; or
5        (v) self-direction.
6    "Person with an intellectual disability" means a person
7with a significantly subaverage general intellectual
8functioning which exists concurrently with impairment in
9adaptive behavior and which originates before the age of 18
11    "Physician" has the meaning as defined in Section 1-120 of
12the Mental Health and Developmental Disabilities Code.
13    "Qualified examiner" has the meaning provided in Section
141-122 of the Mental Health and Developmental Disabilities Code.
15    "Sanctioned competitive shooting event" means a shooting
16contest officially recognized by a national or state shooting
17sport association, and includes any sight-in or practice
18conducted in conjunction with the event.
19    "School administrator" means the person required to report
20under the School Administrator Reporting of Mental Health Clear
21and Present Danger Determinations Law.
22    "Stun gun or taser" has the meaning ascribed to it in
23Section 24-1 of the Criminal Code of 2012.
24(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
25eff. 7-27-15; revised 10-20-15.)



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1    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
2    Sec. 8. Grounds for denial and revocation. The Department
3of State Police has authority to deny an application for or to
4revoke and seize a Firearm Owner's Identification Card
5previously issued under this Act only if the Department finds
6that the applicant or the person to whom such card was issued
7is or was at the time of issuance:
8        (a) A person under 21 years of age who has been
9    convicted of a misdemeanor other than a traffic offense or
10    adjudged delinquent;
11        (b) A person under 21 years of age who does not have
12    the written consent of his parent or guardian to acquire
13    and possess firearms and firearm ammunition, or whose
14    parent or guardian has revoked such written consent, or
15    where such parent or guardian does not qualify to have a
16    Firearm Owner's Identification Card;
17        (c) A person convicted of a felony under the laws of
18    this or any other jurisdiction;
19        (d) A person addicted to narcotics;
20        (e) A person who has been a patient of a mental health
21    facility within the past 5 years or a person who has been a
22    patient in a mental health facility more than 5 years ago
23    who has not received the certification required under
24    subsection (u) of this Section. An active law enforcement
25    officer employed by a unit of government who is denied,
26    revoked, or has his or her Firearm Owner's Identification



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1    Card seized under this subsection (e) may obtain relief as
2    described in subsection (c-5) of Section 10 of this Act if
3    the officer did not act in a manner threatening to the
4    officer, another person, or the public as determined by the
5    treating clinical psychologist or physician, and the
6    officer seeks mental health treatment;
7        (f) A person whose mental condition is of such a nature
8    that it poses a clear and present danger to the applicant,
9    any other person or persons or the community;
10        (g) A person who has an intellectual disability;
11        (h) A person who intentionally makes a false statement
12    in the Firearm Owner's Identification Card application;
13        (i) An alien who is unlawfully present in the United
14    States under the laws of the United States;
15        (i-5) An alien who has been admitted to the United
16    States under a non-immigrant visa (as that term is defined
17    in Section 101(a)(26) of the Immigration and Nationality
18    Act (8 U.S.C. 1101(a)(26))), except that this subsection
19    (i-5) does not apply to any alien who has been lawfully
20    admitted to the United States under a non-immigrant visa if
21    that alien is:
22            (1) admitted to the United States for lawful
23        hunting or sporting purposes;
24            (2) an official representative of a foreign
25        government who is:
26                (A) accredited to the United States Government



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1            or the Government's mission to an international
2            organization having its headquarters in the United
3            States; or
4                (B) en route to or from another country to
5            which that alien is accredited;
6            (3) an official of a foreign government or
7        distinguished foreign visitor who has been so
8        designated by the Department of State;
9            (4) a foreign law enforcement officer of a friendly
10        foreign government entering the United States on
11        official business; or
12            (5) one who has received a waiver from the Attorney
13        General of the United States pursuant to 18 U.S.C.
14        922(y)(3);
15        (j) (Blank);
16        (k) A person who has been convicted within the past 5
17    years of battery, assault, aggravated assault, violation
18    of an order of protection, or a substantially similar
19    offense in another jurisdiction, in which a firearm was
20    used or possessed;
21        (l) A person who has been convicted of domestic
22    battery, aggravated domestic battery, or a substantially
23    similar offense in another jurisdiction committed before,
24    on or after January 1, 2012 (the effective date of Public
25    Act 97-158). If the applicant or person who has been
26    previously issued a Firearm Owner's Identification Card



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1    under this Act knowingly and intelligently waives the right
2    to have an offense described in this paragraph (l) tried by
3    a jury, and by guilty plea or otherwise, results in a
4    conviction for an offense in which a domestic relationship
5    is not a required element of the offense but in which a
6    determination of the applicability of 18 U.S.C. 922(g)(9)
7    is made under Section 112A-11.1 of the Code of Criminal
8    Procedure of 1963, an entry by the court of a judgment of
9    conviction for that offense shall be grounds for denying an
10    application for and for revoking and seizing a Firearm
11    Owner's Identification Card previously issued to the
12    person under this Act;
13        (m) (Blank);
14        (n) A person who is prohibited from acquiring or
15    possessing firearms or firearm ammunition by any Illinois
16    State statute or by federal law; however, this subsection
17    (n) does not apply to a person who is a registered
18    qualifying patient or registered designated caregiver
19    under the Compassionate Use of Medical Cannabis Pilot
20    Program Act;
21        (o) A minor subject to a petition filed under Section
22    5-520 of the Juvenile Court Act of 1987 alleging that the
23    minor is a delinquent minor for the commission of an
24    offense that if committed by an adult would be a felony;
25        (p) An adult who had been adjudicated a delinquent
26    minor under the Juvenile Court Act of 1987 for the



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1    commission of an offense that if committed by an adult
2    would be a felony;
3        (q) A person who is not a resident of the State of
4    Illinois, except as provided in subsection (a-10) of
5    Section 4;
6        (r) A person who has been adjudicated as a person with
7    a mental disability;
8        (s) A person who has been found to have a developmental
9    disability;
10        (t) A person involuntarily admitted into a mental
11    health facility; or
12        (u) A person who has had his or her Firearm Owner's
13    Identification Card revoked or denied under subsection (e)
14    of this Section or item (iv) of paragraph (2) of subsection
15    (a) of Section 4 of this Act because he or she was a
16    patient in a mental health facility as provided in
17    subsection (e) of this Section, shall not be permitted to
18    obtain a Firearm Owner's Identification Card, after the
19    5-year period has lapsed, unless he or she has received a
20    mental health evaluation by a physician, clinical
21    psychologist, or qualified examiner as those terms are
22    defined in the Mental Health and Developmental
23    Disabilities Code, and has received a certification that he
24    or she is not a clear and present danger to himself,
25    herself, or others. The physician, clinical psychologist,
26    or qualified examiner making the certification and his or



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1    her employer shall not be held criminally, civilly, or
2    professionally liable for making or not making the
3    certification required under this subsection, except for
4    willful or wanton misconduct. This subsection does not
5    apply to a person whose firearm possession rights have been
6    restored through administrative or judicial action under
7    Section 10 or 11 of this Act.
8    Upon revocation of a person's Firearm Owner's
9Identification Card, the Department of State Police shall
10provide notice to the person and the person shall comply with
11Section 9.5 of this Act.
12(Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756,
13eff. 7-16-14; 99-143, eff. 7-27-15.)
14    (430 ILCS 65/10)  (from Ch. 38, par. 83-10)
15    Sec. 10. Appeal to director; hearing; relief from firearm
17    (a) Whenever an application for a Firearm Owner's
18Identification Card is denied, whenever the Department fails to
19act on an application within 30 days of its receipt, or
20whenever such a Card is revoked or seized as provided for in
21Section 8 of this Act, the aggrieved party may appeal to the
22Director of State Police for a hearing upon such denial,
23revocation or seizure, unless the denial, revocation, or
24seizure was based upon a forcible felony, stalking, aggravated
25stalking, domestic battery, any violation of the Illinois



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1Controlled Substances Act, the Methamphetamine Control and
2Community Protection Act, or the Cannabis Control Act that is
3classified as a Class 2 or greater felony, any felony violation
4of Article 24 of the Criminal Code of 1961 or the Criminal Code
5of 2012, or any adjudication as a delinquent minor for the
6commission of an offense that if committed by an adult would be
7a felony, in which case the aggrieved party may petition the
8circuit court in writing in the county of his or her residence
9for a hearing upon such denial, revocation, or seizure.
10    (b) At least 30 days before any hearing in the circuit
11court, the petitioner shall serve the relevant State's Attorney
12with a copy of the petition. The State's Attorney may object to
13the petition and present evidence. At the hearing the court
14shall determine whether substantial justice has been done.
15Should the court determine that substantial justice has not
16been done, the court shall issue an order directing the
17Department of State Police to issue a Card. However, the court
18shall not issue the order if the petitioner is otherwise
19prohibited from obtaining, possessing, or using a firearm under
20federal law, unless the reason for denial or revocation is that
21the person is a registered qualifying patient or registered
22designated caregiver under the Compassionate Use of Medical
23Cannabis Pilot Program Act.
24    (c) Any person prohibited from possessing a firearm under
25Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
26acquiring a Firearm Owner's Identification Card under Section 8



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



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1    (c-5) (1) An active law enforcement officer employed by a
2unit of government, who is denied, revoked, or has his or her
3Firearm Owner's Identification Card seized under subsection
4(e) of Section 8 of this Act may apply to the Director of State
5Police requesting relief if the officer did not act in a manner
6threatening to the officer, another person, or the public as
7determined by the treating clinical psychologist or physician,
8and as a result of his or her work is referred by the employer
9for or voluntarily seeks mental health evaluation or treatment
10by a licensed clinical psychologist, psychiatrist, or
11qualified 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
21relief to active law enforcement officers described in
22paragraph (1) of this subsection (c-5) upon a determination by
23the Director that the officer's possession of a firearm does
24not present a threat to themselves, others, or public safety.
25The Director shall act on the request for relief within 30
26business 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 paragraph
18(2) of this subsection (c-5) have the burden of proof on
19eligibility and must provide all information required. The
20Director may not consider granting expedited relief until the
21proof and information is received.
22    (4) "Clinical psychologist", "psychiatrist", and
23"qualified examiner" shall have the same meaning as provided in
24Chapter I of the Mental Health and Developmental Disabilities
26    (c-10) (1) An applicant, who is denied, revoked, or has his



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1or her Firearm Owner's Identification Card seized under
2subsection (e) of Section 8 of this Act based upon a
3determination of a developmental disability or an intellectual
4disability may apply to the Director of State Police requesting
6    (2) The Director shall act on the request for relief within
760 business days of receipt of written certification, in the
8form prescribed by the Director, from a physician or clinical
9psychologist, or qualified examiner, that the aggrieved
10party's developmental disability or intellectual disability
11condition is determined by a physician, clinical psychologist,
12or qualified to be mild. If a fact-finding conference is
13scheduled to obtain additional information concerning the
14circumstances of the denial or revocation, the 60 business days
15the Director has to act shall be tolled until the completion of
16the fact-finding conference.
17    (3) The Director may grant relief if the aggrieved party's
18developmental disability or intellectual disability is mild as
19determined by a physician, clinical psychologist, or qualified
20examiner and it is established by the applicant to the
21Director's satisfaction that:
22        (A) granting relief would not be contrary to the public
23    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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1determined by a physician, clinical psychologist, or qualified
2examiner to be moderate, severe, or profound.
3    (5) The changes made to this Section by this amendatory Act
4of the 99th General Assembly apply to requests for relief
5pending on or before the effective date of this amendatory Act,
6except that the 60-day period for the Director to act on
7requests pending before the effective date shall begin on the
8effective date of this amendatory Act.
9    (d) When a minor is adjudicated delinquent for an offense
10which if committed by an adult would be a felony, the court
11shall notify the Department of State Police.
12    (e) The court shall review the denial of an application or
13the revocation of a Firearm Owner's Identification Card of a
14person who has been adjudicated delinquent for an offense that
15if committed by an adult would be a felony if an application
16for relief has been filed at least 10 years after the
17adjudication of delinquency and the court determines that the
18applicant should be granted relief from disability to obtain a
19Firearm Owner's Identification Card. If the court grants
20relief, the court shall notify the Department of State Police
21that the disability has been removed and that the applicant is
22eligible to obtain a Firearm Owner's Identification Card.
23    (f) Any person who is subject to the disabilities of 18
24U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
25of 1968 because of an adjudication or commitment that occurred
26under the laws of this State or who was determined to be



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



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1eff. 7-20-15.)
2    Section 99. Effective date. This Act takes effect upon
3becoming law.