Illinois General Assembly - Full Text of HB1664
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Full Text of HB1664  100th General Assembly

HB1664ham001 100TH GENERAL ASSEMBLY

Rep. Deb Conroy

Filed: 2/26/2018

 

 


 

 


 
10000HB1664ham001LRB100 03198 SLF 36702 a

1
AMENDMENT TO HOUSE BILL 1664

2    AMENDMENT NO. ______. Amend House Bill 1664 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
 
6    (5 ILCS 140/7.5)
7    (Text of Section before amendment by P.A. 100-512 and
8100-517)
9    Sec. 7.5. Statutory exemptions. To the extent provided for
10by the statutes referenced below, the following shall be exempt
11from inspection and copying:
12        (a) All information determined to be confidential
13    under Section 4002 of the Technology Advancement and
14    Development Act.
15        (b) Library circulation and order records identifying
16    library users with specific materials under the Library

 

 

10000HB1664ham001- 2 -LRB100 03198 SLF 36702 a

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

 

 

10000HB1664ham001- 3 -LRB100 03198 SLF 36702 a

1    that Act.
2        (i) Information contained in a local emergency energy
3    plan submitted to a municipality in accordance with a local
4    emergency energy plan ordinance that is adopted under
5    Section 11-21.5-5 of the Illinois Municipal Code.
6        (j) Information and data concerning the distribution
7    of surcharge moneys collected and remitted by carriers
8    under the Emergency Telephone System Act.
9        (k) Law enforcement officer identification information
10    or driver identification information compiled by a law
11    enforcement agency or the Department of Transportation
12    under Section 11-212 of the Illinois Vehicle Code.
13        (l) Records and information provided to a residential
14    health care facility resident sexual assault and death
15    review team or the Executive Council under the Abuse
16    Prevention Review Team Act.
17        (m) Information provided to the predatory lending
18    database created pursuant to Article 3 of the Residential
19    Real Property Disclosure Act, except to the extent
20    authorized under that Article.
21        (n) Defense budgets and petitions for certification of
22    compensation and expenses for court appointed trial
23    counsel as provided under Sections 10 and 15 of the Capital
24    Crimes Litigation Act. This subsection (n) shall apply
25    until the conclusion of the trial of the case, even if the
26    prosecution chooses not to pursue the death penalty prior

 

 

10000HB1664ham001- 4 -LRB100 03198 SLF 36702 a

1    to trial or sentencing.
2        (o) Information that is prohibited from being
3    disclosed under Section 4 of the Illinois Health and
4    Hazardous Substances Registry Act.
5        (p) Security portions of system safety program plans,
6    investigation reports, surveys, schedules, lists, data, or
7    information compiled, collected, or prepared by or for the
8    Regional Transportation Authority under Section 2.11 of
9    the Regional Transportation Authority Act or the St. Clair
10    County Transit District under the Bi-State Transit Safety
11    Act.
12        (q) Information prohibited from being disclosed by the
13    Personnel Records Review Act.
14        (r) Information prohibited from being disclosed by the
15    Illinois School Student Records Act.
16        (s) Information the disclosure of which is restricted
17    under Section 5-108 of the Public Utilities Act.
18        (t) All identified or deidentified health information
19    in the form of health data or medical records contained in,
20    stored in, submitted to, transferred by, or released from
21    the Illinois Health Information Exchange, and identified
22    or deidentified health information in the form of health
23    data and medical records of the Illinois Health Information
24    Exchange in the possession of the Illinois Health
25    Information Exchange Authority due to its administration
26    of the Illinois Health Information Exchange. The terms

 

 

10000HB1664ham001- 5 -LRB100 03198 SLF 36702 a

1    "identified" and "deidentified" shall be given the same
2    meaning as in the Health Insurance Portability and
3    Accountability Act of 1996, Public Law 104-191, or any
4    subsequent amendments thereto, and any regulations
5    promulgated thereunder.
6        (u) Records and information provided to an independent
7    team of experts under Brian's Law.
8        (v) Names and information of people who have applied
9    for or received Firearm Owner's Identification Cards under
10    the Firearm Owners Identification Card Act or applied for
11    or received a concealed carry license under the Firearm
12    Concealed Carry Act, unless otherwise authorized by the
13    Firearm Concealed Carry Act; and databases under the
14    Firearm Concealed Carry Act, records of the Concealed Carry
15    Licensing Review Board under the Firearm Concealed Carry
16    Act, and law enforcement agency objections under the
17    Firearm Concealed Carry Act.
18        (w) Personally identifiable information which is
19    exempted from disclosure under subsection (g) of Section
20    19.1 of the Toll Highway Act.
21        (x) Information which is exempted from disclosure
22    under Section 5-1014.3 of the Counties Code or Section
23    8-11-21 of the Illinois Municipal Code.
24        (y) Confidential information under the Adult
25    Protective Services Act and its predecessor enabling
26    statute, the Elder Abuse and Neglect Act, including

 

 

10000HB1664ham001- 6 -LRB100 03198 SLF 36702 a

1    information about the identity and administrative finding
2    against any caregiver of a verified and substantiated
3    decision of abuse, neglect, or financial exploitation of an
4    eligible adult maintained in the Registry established
5    under Section 7.5 of the Adult Protective Services Act.
6        (z) Records and information provided to a fatality
7    review team or the Illinois Fatality Review Team Advisory
8    Council under Section 15 of the Adult Protective Services
9    Act.
10        (aa) Information which is exempted from disclosure
11    under Section 2.37 of the Wildlife Code.
12        (bb) Information which is or was prohibited from
13    disclosure by the Juvenile Court Act of 1987.
14        (cc) Recordings made under the Law Enforcement
15    Officer-Worn Body Camera Act, except to the extent
16    authorized under that Act.
17        (dd) Information that is prohibited from being
18    disclosed under Section 45 of the Condominium and Common
19    Interest Community Ombudsperson Act.
20        (ee) Information that is exempted from disclosure
21    under Section 30.1 of the Pharmacy Practice Act.
22        (ff) Information that is exempted from disclosure
23    under the Revised Uniform Unclaimed Property Act.
24        (gg) (ff) Information that is prohibited from being
25    disclosed under Section 7-603.5 of the Illinois Vehicle
26    Code.

 

 

10000HB1664ham001- 7 -LRB100 03198 SLF 36702 a

1        (hh) (ff) Records that are exempt from disclosure under
2    Section 1A-16.7 of the Election Code.
3        (ii) (ff) Information which is exempted from
4    disclosure under Section 2505-800 of the Department of
5    Revenue Law of the Civil Administrative Code of Illinois.
6(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
7eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
899-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
9100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
108-28-17; 100-465, eff. 8-31-17; revised 11-2-17.)
 
11    (Text of Section after amendment by P.A. 100-517 but before
12amendment by P.A. 100-512)
13    Sec. 7.5. Statutory exemptions. To the extent provided for
14by the statutes referenced below, the following shall be exempt
15from inspection and copying:
16        (a) All information determined to be confidential
17    under Section 4002 of the Technology Advancement and
18    Development Act.
19        (b) Library circulation and order records identifying
20    library users with specific materials under the Library
21    Records Confidentiality Act.
22        (c) Applications, related documents, and medical
23    records received by the Experimental Organ Transplantation
24    Procedures Board and any and all documents or other records
25    prepared by the Experimental Organ Transplantation

 

 

10000HB1664ham001- 8 -LRB100 03198 SLF 36702 a

1    Procedures Board or its staff relating to applications it
2    has received.
3        (d) Information and records held by the Department of
4    Public Health and its authorized representatives relating
5    to known or suspected cases of sexually transmissible
6    disease or any information the disclosure of which is
7    restricted under the Illinois Sexually Transmissible
8    Disease Control Act.
9        (e) Information the disclosure of which is exempted
10    under Section 30 of the Radon Industry Licensing Act.
11        (f) Firm performance evaluations under Section 55 of
12    the Architectural, Engineering, and Land Surveying
13    Qualifications Based Selection Act.
14        (g) Information the disclosure of which is restricted
15    and exempted under Section 50 of the Illinois Prepaid
16    Tuition Act.
17        (h) Information the disclosure of which is exempted
18    under the State Officials and Employees Ethics Act, and
19    records of any lawfully created State or local inspector
20    general's office that would be exempt if created or
21    obtained by an Executive Inspector General's office under
22    that Act.
23        (i) Information contained in a local emergency energy
24    plan submitted to a municipality in accordance with a local
25    emergency energy plan ordinance that is adopted under
26    Section 11-21.5-5 of the Illinois Municipal Code.

 

 

10000HB1664ham001- 9 -LRB100 03198 SLF 36702 a

1        (j) Information and data concerning the distribution
2    of surcharge moneys collected and remitted by carriers
3    under the Emergency Telephone System Act.
4        (k) Law enforcement officer identification information
5    or driver identification information compiled by a law
6    enforcement agency or the Department of Transportation
7    under Section 11-212 of the Illinois Vehicle Code.
8        (l) Records and information provided to a residential
9    health care facility resident sexual assault and death
10    review team or the Executive Council under the Abuse
11    Prevention Review Team Act.
12        (m) Information provided to the predatory lending
13    database created pursuant to Article 3 of the Residential
14    Real Property Disclosure Act, except to the extent
15    authorized under that Article.
16        (n) Defense budgets and petitions for certification of
17    compensation and expenses for court appointed trial
18    counsel as provided under Sections 10 and 15 of the Capital
19    Crimes Litigation Act. This subsection (n) shall apply
20    until the conclusion of the trial of the case, even if the
21    prosecution chooses not to pursue the death penalty prior
22    to trial or sentencing.
23        (o) Information that is prohibited from being
24    disclosed under Section 4 of the Illinois Health and
25    Hazardous Substances Registry Act.
26        (p) Security portions of system safety program plans,

 

 

10000HB1664ham001- 10 -LRB100 03198 SLF 36702 a

1    investigation reports, surveys, schedules, lists, data, or
2    information compiled, collected, or prepared by or for the
3    Regional Transportation Authority under Section 2.11 of
4    the Regional Transportation Authority Act or the St. Clair
5    County Transit District under the Bi-State Transit Safety
6    Act.
7        (q) Information prohibited from being disclosed by the
8    Personnel Records Review Act.
9        (r) Information prohibited from being disclosed by the
10    Illinois School Student Records Act.
11        (s) Information the disclosure of which is restricted
12    under Section 5-108 of the Public Utilities Act.
13        (t) All identified or deidentified health information
14    in the form of health data or medical records contained in,
15    stored in, submitted to, transferred by, or released from
16    the Illinois Health Information Exchange, and identified
17    or deidentified health information in the form of health
18    data and medical records of the Illinois Health Information
19    Exchange in the possession of the Illinois Health
20    Information Exchange Authority due to its administration
21    of the Illinois Health Information Exchange. The terms
22    "identified" and "deidentified" shall be given the same
23    meaning as in the Health Insurance Portability and
24    Accountability Act of 1996, Public Law 104-191, or any
25    subsequent amendments thereto, and any regulations
26    promulgated thereunder.

 

 

10000HB1664ham001- 11 -LRB100 03198 SLF 36702 a

1        (u) Records and information provided to an independent
2    team of experts under Brian's Law.
3        (v) Names and information of people who have applied
4    for or received Firearm Owner's Identification Cards under
5    the Firearm Owners Identification Card Act or applied for
6    or received a concealed carry license under the Firearm
7    Concealed Carry Act, unless otherwise authorized by the
8    Firearm Concealed Carry Act; and databases under the
9    Firearm Concealed Carry Act, records of the Concealed Carry
10    Licensing Review Board under the Firearm Concealed Carry
11    Act, and law enforcement agency objections under the
12    Firearm Concealed Carry Act.
13        (w) Personally identifiable information which is
14    exempted from disclosure under subsection (g) of Section
15    19.1 of the Toll Highway Act.
16        (x) Information which is exempted from disclosure
17    under Section 5-1014.3 of the Counties Code or Section
18    8-11-21 of the Illinois Municipal Code.
19        (y) Confidential information under the Adult
20    Protective Services Act and its predecessor enabling
21    statute, the Elder Abuse and Neglect Act, including
22    information about the identity and administrative finding
23    against any caregiver of a verified and substantiated
24    decision of abuse, neglect, or financial exploitation of an
25    eligible adult maintained in the Registry established
26    under Section 7.5 of the Adult Protective Services Act.

 

 

10000HB1664ham001- 12 -LRB100 03198 SLF 36702 a

1        (z) Records and information provided to a fatality
2    review team or the Illinois Fatality Review Team Advisory
3    Council under Section 15 of the Adult Protective Services
4    Act.
5        (aa) Information which is exempted from disclosure
6    under Section 2.37 of the Wildlife Code.
7        (bb) Information which is or was prohibited from
8    disclosure by the Juvenile Court Act of 1987.
9        (cc) Recordings made under the Law Enforcement
10    Officer-Worn Body Camera Act, except to the extent
11    authorized under that Act.
12        (dd) Information that is prohibited from being
13    disclosed under Section 45 of the Condominium and Common
14    Interest Community Ombudsperson Act.
15        (ee) Information that is exempted from disclosure
16    under Section 30.1 of the Pharmacy Practice Act.
17        (ff) Information that is exempted from disclosure
18    under the Revised Uniform Unclaimed Property Act.
19        (gg) (ff) Information that is prohibited from being
20    disclosed under Section 7-603.5 of the Illinois Vehicle
21    Code.
22        (hh) (ff) Records that are exempt from disclosure under
23    Section 1A-16.7 of the Election Code.
24        (ii) (ff) Information which is exempted from
25    disclosure under Section 2505-800 of the Department of
26    Revenue Law of the Civil Administrative Code of Illinois.

 

 

10000HB1664ham001- 13 -LRB100 03198 SLF 36702 a

1        (jj) (ff) Information and reports that are required to
2    be submitted to the Department of Labor by registering day
3    and temporary labor service agencies but are exempt from
4    disclosure under subsection (a-1) of Section 45 of the Day
5    and Temporary Labor Services Act.
6(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
7eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
899-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
9100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
108-28-17; 100-465, eff. 8-31-17; 100-517, eff. 6-1-18; revised
1111-2-17.)
 
12    (Text of Section after amendment by P.A. 100-512)
13    Sec. 7.5. Statutory exemptions. To the extent provided for
14by the statutes referenced below, the following shall be exempt
15from inspection and copying:
16        (a) All information determined to be confidential
17    under Section 4002 of the Technology Advancement and
18    Development Act.
19        (b) Library circulation and order records identifying
20    library users with specific materials under the Library
21    Records Confidentiality Act.
22        (c) Applications, related documents, and medical
23    records received by the Experimental Organ Transplantation
24    Procedures Board and any and all documents or other records
25    prepared by the Experimental Organ Transplantation

 

 

10000HB1664ham001- 14 -LRB100 03198 SLF 36702 a

1    Procedures Board or its staff relating to applications it
2    has received.
3        (d) Information and records held by the Department of
4    Public Health and its authorized representatives relating
5    to known or suspected cases of sexually transmissible
6    disease or any information the disclosure of which is
7    restricted under the Illinois Sexually Transmissible
8    Disease Control Act.
9        (e) Information the disclosure of which is exempted
10    under Section 30 of the Radon Industry Licensing Act.
11        (f) Firm performance evaluations under Section 55 of
12    the Architectural, Engineering, and Land Surveying
13    Qualifications Based Selection Act.
14        (g) Information the disclosure of which is restricted
15    and exempted under Section 50 of the Illinois Prepaid
16    Tuition Act.
17        (h) Information the disclosure of which is exempted
18    under the State Officials and Employees Ethics Act, and
19    records of any lawfully created State or local inspector
20    general's office that would be exempt if created or
21    obtained by an Executive Inspector General's office under
22    that Act.
23        (i) Information contained in a local emergency energy
24    plan submitted to a municipality in accordance with a local
25    emergency energy plan ordinance that is adopted under
26    Section 11-21.5-5 of the Illinois Municipal Code.

 

 

10000HB1664ham001- 15 -LRB100 03198 SLF 36702 a

1        (j) Information and data concerning the distribution
2    of surcharge moneys collected and remitted by carriers
3    under the Emergency Telephone System Act.
4        (k) Law enforcement officer identification information
5    or driver identification information compiled by a law
6    enforcement agency or the Department of Transportation
7    under Section 11-212 of the Illinois Vehicle Code.
8        (l) Records and information provided to a residential
9    health care facility resident sexual assault and death
10    review team or the Executive Council under the Abuse
11    Prevention Review Team Act.
12        (m) Information provided to the predatory lending
13    database created pursuant to Article 3 of the Residential
14    Real Property Disclosure Act, except to the extent
15    authorized under that Article.
16        (n) Defense budgets and petitions for certification of
17    compensation and expenses for court appointed trial
18    counsel as provided under Sections 10 and 15 of the Capital
19    Crimes Litigation Act. This subsection (n) shall apply
20    until the conclusion of the trial of the case, even if the
21    prosecution chooses not to pursue the death penalty prior
22    to trial or sentencing.
23        (o) Information that is prohibited from being
24    disclosed under Section 4 of the Illinois Health and
25    Hazardous Substances Registry Act.
26        (p) Security portions of system safety program plans,

 

 

10000HB1664ham001- 16 -LRB100 03198 SLF 36702 a

1    investigation reports, surveys, schedules, lists, data, or
2    information compiled, collected, or prepared by or for the
3    Regional Transportation Authority under Section 2.11 of
4    the Regional Transportation Authority Act or the St. Clair
5    County Transit District under the Bi-State Transit Safety
6    Act.
7        (q) Information prohibited from being disclosed by the
8    Personnel Records Review Act.
9        (r) Information prohibited from being disclosed by the
10    Illinois School Student Records Act.
11        (s) Information the disclosure of which is restricted
12    under Section 5-108 of the Public Utilities Act.
13        (t) All identified or deidentified health information
14    in the form of health data or medical records contained in,
15    stored in, submitted to, transferred by, or released from
16    the Illinois Health Information Exchange, and identified
17    or deidentified health information in the form of health
18    data and medical records of the Illinois Health Information
19    Exchange in the possession of the Illinois Health
20    Information Exchange Authority due to its administration
21    of the Illinois Health Information Exchange. The terms
22    "identified" and "deidentified" shall be given the same
23    meaning as in the Health Insurance Portability and
24    Accountability Act of 1996, Public Law 104-191, or any
25    subsequent amendments thereto, and any regulations
26    promulgated thereunder.

 

 

10000HB1664ham001- 17 -LRB100 03198 SLF 36702 a

1        (u) Records and information provided to an independent
2    team of experts under Brian's Law.
3        (v) Names and information of people who have applied
4    for or received Firearm Owner's Identification Cards under
5    the Firearm Owners Identification Card Act or applied for
6    or received a concealed carry license under the Firearm
7    Concealed Carry Act, unless otherwise authorized by the
8    Firearm Concealed Carry Act; and databases under the
9    Firearm Concealed Carry Act, records of the Concealed Carry
10    Licensing Review Board under the Firearm Concealed Carry
11    Act, and law enforcement agency objections under the
12    Firearm Concealed Carry Act.
13        (w) Personally identifiable information which is
14    exempted from disclosure under subsection (g) of Section
15    19.1 of the Toll Highway Act.
16        (x) Information which is exempted from disclosure
17    under Section 5-1014.3 of the Counties Code or Section
18    8-11-21 of the Illinois Municipal Code.
19        (y) Confidential information under the Adult
20    Protective Services Act and its predecessor enabling
21    statute, the Elder Abuse and Neglect Act, including
22    information about the identity and administrative finding
23    against any caregiver of a verified and substantiated
24    decision of abuse, neglect, or financial exploitation of an
25    eligible adult maintained in the Registry established
26    under Section 7.5 of the Adult Protective Services Act.

 

 

10000HB1664ham001- 18 -LRB100 03198 SLF 36702 a

1        (z) Records and information provided to a fatality
2    review team or the Illinois Fatality Review Team Advisory
3    Council under Section 15 of the Adult Protective Services
4    Act.
5        (aa) Information which is exempted from disclosure
6    under Section 2.37 of the Wildlife Code.
7        (bb) Information which is or was prohibited from
8    disclosure by the Juvenile Court Act of 1987.
9        (cc) Recordings made under the Law Enforcement
10    Officer-Worn Body Camera Act, except to the extent
11    authorized under that Act.
12        (dd) Information that is prohibited from being
13    disclosed under Section 45 of the Condominium and Common
14    Interest Community Ombudsperson Act.
15        (ee) Information that is exempted from disclosure
16    under Section 30.1 of the Pharmacy Practice Act.
17        (ff) Information that is exempted from disclosure
18    under the Revised Uniform Unclaimed Property Act.
19        (gg) (ff) Information that is prohibited from being
20    disclosed under Section 7-603.5 of the Illinois Vehicle
21    Code.
22        (hh) (ff) Records that are exempt from disclosure under
23    Section 1A-16.7 of the Election Code.
24        (ii) (ff) Information which is exempted from
25    disclosure under Section 2505-800 of the Department of
26    Revenue Law of the Civil Administrative Code of Illinois.

 

 

10000HB1664ham001- 19 -LRB100 03198 SLF 36702 a

1        (jj) (ff) Information and reports that are required to
2    be submitted to the Department of Labor by registering day
3    and temporary labor service agencies but are exempt from
4    disclosure under subsection (a-1) of Section 45 of the Day
5    and Temporary Labor Services Act.
6        (kk) (ff) Information prohibited from disclosure under
7    the Seizure and Forfeiture Reporting Act.
8        (ll) Records that are exempt from disclosure under
9    Section 2605-477 of the Department of State Police Law of
10    the Civil Administrative Code of Illinois.
11(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
12eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
1399-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
14100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
158-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
16eff. 6-1-18; revised 11-2-17.)
 
17    Section 10. The Department of State Police Law of the Civil
18Administrative Code of Illinois is amended by adding Section
192605-477 as follows:
 
20    (20 ILCS 2605/2605-477 new)
21    Sec. 2605-477. Dangerous Persons Hotline.
22    (a) The Department of State Police shall provide a
23Dangerous Persons Hotline to consist of a website and a
24toll-free number to enable a person to notify the Department if

 

 

10000HB1664ham001- 20 -LRB100 03198 SLF 36702 a

1the person has a reason to believe another person is: (1) a
2clear and present danger to himself or herself or another
3person; and (2) in possession of, or has access to, a firearm.
4    (b) The hotline shall permit a person with the option to
5report anonymously. The Department shall keep records of the
6accounts taken by the hotline which shall not be subject to
7disclosure under Section 7.5 of the Freedom of Information Act.
8The Department shall, by rule, establish procedures for the
9Dangerous Persons Hotline.
 
10    Section 15. The School Code is amended by adding Sections
1110-20.67 and 10-30 as follows:
 
12    (105 ILCS 5/10-20.67 new)
13    Sec. 10-20.67. Dangerous Persons Hotline.
14    (a) The Department of State Police shall, in cooperation
15with each school board, distribute appropriate materials in
16school buildings listing the toll-free telephone number and
17website established in conjunction with the Dangerous Persons
18Hotline established under Section 2605-477 of the Department of
19State Police Law of the Civil Administrative Code of Illinois,
20including methods of making a report, which shall be displayed
21in a clearly visible location in each school building.
22    (b) Each school board shall send a letter to parents
23informing them of the Dangerous Persons Hotline established
24under Section 2605-477 of the Department of State Police Law of

 

 

10000HB1664ham001- 21 -LRB100 03198 SLF 36702 a

1the Civil Administrative Code of Illinois and place this
2information on the school board's website.
 
3    (105 ILCS 5/10-30 new)
4    Sec. 10-30. Dangerous Persons Hotline.
5    (a) The Department of State Police shall, in cooperation
6with the board, distribute appropriate materials in school
7buildings listing the toll-free telephone number and website
8established in conjunction with the Dangerous Persons Hotline
9established under Section 2605-477 of the Department of State
10Police Law of the Civil Administrative Code of Illinois,
11including methods of making a report, which shall be displayed
12in a clearly visible location in each school building.
13    (b) The board shall send a letter to parents informing them
14of the Dangerous Persons Hotline established under Section
152605-477 of the Department of State Police Law of the Civil
16Administrative Code of Illinois and place this information on
17the board's website.
 
18    Section 20. The Firearm Owners Identification Card Act is
19amended by changing Sections 1.1, 4, 8, and 10 as follows:
 
20    (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)
21    Sec. 1.1. For purposes of this Act:
22    "Addicted to narcotics" means a person who has been:
23        (1) convicted of an offense involving the use or

 

 

10000HB1664ham001- 22 -LRB100 03198 SLF 36702 a

1    possession of cannabis, a controlled substance, or
2    methamphetamine within the past year; or
3        (2) determined by the Department of State Police to be
4    addicted to narcotics based upon federal law or federal
5    guidelines.
6    "Addicted to narcotics" does not include possession or use
7of a prescribed controlled substance under the direction and
8authority of a physician or other person authorized to
9prescribe the controlled substance when the controlled
10substance is used in the prescribed manner.
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

 

 

10000HB1664ham001- 23 -LRB100 03198 SLF 36702 a

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,

 

 

10000HB1664ham001- 24 -LRB100 03198 SLF 36702 a

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    "Federally licensed firearm dealer" means a person who is
17licensed as a federal firearms dealer under Section 923 of the
18federal Gun Control Act of 1968 (18 U.S.C. 923).
19    "Firearm" means any device, by whatever name known, which
20is designed to expel a projectile or projectiles by the action
21of an explosion, expansion of gas or escape of gas; excluding,
22however:
23        (1) any pneumatic gun, spring gun, paint ball gun, or
24    B-B gun which expels a single globular projectile not
25    exceeding .18 inch in diameter or which has a maximum
26    muzzle velocity of less than 700 feet per second;

 

 

10000HB1664ham001- 25 -LRB100 03198 SLF 36702 a

1        (1.1) any pneumatic gun, spring gun, paint ball gun, or
2    B-B gun which expels breakable paint balls containing
3    washable marking colors;
4        (2) any device used exclusively for signalling or
5    safety and required or recommended by the United States
6    Coast Guard or the Interstate Commerce Commission;
7        (3) any device used exclusively for the firing of stud
8    cartridges, explosive rivets or similar industrial
9    ammunition; and
10        (4) an antique firearm (other than a machine-gun)
11    which, although designed as a weapon, the Department of
12    State Police finds by reason of the date of its
13    manufacture, value, design, and other characteristics is
14    primarily a collector's item and is not likely to be used
15    as a weapon.
16    "Firearm ammunition" means any self-contained cartridge or
17shotgun shell, by whatever name known, which is designed to be
18used or adaptable to use in a firearm; excluding, however:
19        (1) any ammunition exclusively designed for use with a
20    device used exclusively for signalling or safety and
21    required or recommended by the United States Coast Guard or
22    the Interstate Commerce Commission; and
23        (2) any ammunition designed exclusively for use with a
24    stud or rivet driver or other similar industrial
25    ammunition.
26    "Gun show" means an event or function:

 

 

10000HB1664ham001- 26 -LRB100 03198 SLF 36702 a

1        (1) at which the sale and transfer of firearms is the
2    regular and normal course of business and where 50 or more
3    firearms are displayed, offered, or exhibited for sale,
4    transfer, or exchange; or
5        (2) at which not less than 10 gun show vendors display,
6    offer, or exhibit for sale, sell, transfer, or exchange
7    firearms.
8    "Gun show" includes the entire premises provided for an
9event or function, including parking areas for the event or
10function, that is sponsored to facilitate the purchase, sale,
11transfer, or exchange of firearms as described in this Section.
12Nothing in this definition shall be construed to exclude a gun
13show held in conjunction with competitive shooting events at
14the World Shooting Complex sanctioned by a national governing
15body in which the sale or transfer of firearms is authorized
16under subparagraph (5) of paragraph (g) of subsection (A) of
17Section 24-3 of the Criminal Code of 2012.
18    Unless otherwise expressly stated, "gun show" does not
19include training or safety classes, competitive shooting
20events, such as rifle, shotgun, or handgun matches, trap,
21skeet, or sporting clays shoots, dinners, banquets, raffles, or
22any other event where the sale or transfer of firearms is not
23the primary course of business.
24    "Gun show promoter" means a person who organizes or
25operates a gun show.
26    "Gun show vendor" means a person who exhibits, sells,

 

 

10000HB1664ham001- 27 -LRB100 03198 SLF 36702 a

1offers for sale, transfers, or exchanges any firearms at a gun
2show, regardless of whether the person arranges with a gun show
3promoter for a fixed location from which to exhibit, sell,
4offer for sale, transfer, or exchange any firearm.
5    "Involuntarily admitted" has the meaning as prescribed in
6Sections 1-119 and 1-119.1 of the Mental Health and
7Developmental Disabilities Code.
8    "Mental health facility" means any licensed private
9hospital or hospital affiliate, institution, or facility, or
10part thereof, and any facility, or part thereof, operated by
11the State or a political subdivision thereof which provide
12treatment of persons with mental illness and includes all
13hospitals, institutions, clinics, evaluation facilities,
14mental health centers, colleges, universities, long-term care
15facilities, and nursing homes, or parts thereof, which provide
16treatment of persons with mental illness whether or not the
17primary purpose is to provide treatment of persons with mental
18illness.
19    "National governing body" means a group of persons who
20adopt rules and formulate policy on behalf of a national
21firearm sporting organization.
22    "Patient" means:
23        (1) a person who:
24            (a) is admitted as an in-patient or resident of a
25        public or private mental health facility for mental
26        health treatment under Chapter III of the Mental Health

 

 

10000HB1664ham001- 28 -LRB100 03198 SLF 36702 a

1        and Developmental Disabilities Code as an informal
2        admission under Article III, a voluntary admission
3        under Article IV, a minor admission under Article V, an
4        emergency admission under Article VI, or an
5        involuntary admission under Article VII; or
6            (b) is otherwise provided mental health treatment
7        as an in-patient or resident by a voluntarily receives
8        mental health treatment as an in-patient or resident of
9        any public or private mental health facility, unless
10        the treatment was solely for an alcohol abuse disorder
11        and no other secondary substance abuse disorder or
12        mental illness; or
13        (2) a person who voluntarily or involuntarily receives
14    mental health treatment as an out-patient or is otherwise
15    provided services by a public or private mental health
16    facility, and who poses a clear and present danger to
17    himself, herself, or to others.
18    "Person with a developmental disability" means a person
19with a disability which is attributable to any other condition
20which results in impairment similar to that caused by an
21intellectual disability and which requires services similar to
22those required by persons with intellectual disabilities. The
23disability must originate before the age of 18 years, be
24expected to continue indefinitely, and constitute a
25substantial disability. This disability results, in the
26professional opinion of a physician, clinical psychologist, or

 

 

10000HB1664ham001- 29 -LRB100 03198 SLF 36702 a

1qualified examiner, in significant functional limitations in 3
2or more of the following areas of major life activity:
3        (i) self-care;
4        (ii) receptive and expressive language;
5        (iii) learning;
6        (iv) mobility; or
7        (v) self-direction.
8    "Person with an intellectual disability" means a person
9with a significantly subaverage general intellectual
10functioning which exists concurrently with impairment in
11adaptive behavior and which originates before the age of 18
12years.
13    "Physician" has the meaning as defined in Section 1-120 of
14the Mental Health and Developmental Disabilities Code.
15    "Qualified examiner" has the meaning provided in Section
161-122 of the Mental Health and Developmental Disabilities Code.
17    "Sanctioned competitive shooting event" means a shooting
18contest officially recognized by a national or state shooting
19sport association, and includes any sight-in or practice
20conducted in conjunction with the event.
21    "School administrator" means the person required to report
22under the School Administrator Reporting of Mental Health Clear
23and Present Danger Determinations Law.
24    "Stun gun or taser" has the meaning ascribed to it in
25Section 24-1 of the Criminal Code of 2012.
26(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,

 

 

10000HB1664ham001- 30 -LRB100 03198 SLF 36702 a

1eff. 7-27-15; 99-642, eff. 7-28-16.)
 
2    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
3    Sec. 4. (a) Each applicant for a Firearm Owner's
4Identification Card must:
5        (1) Make application on blank forms prepared and
6    furnished at convenient locations throughout the State by
7    the Department of State Police, or by electronic means, if
8    and when made available by the Department of State Police;
9    and
10        (2) Submit evidence to the Department of State Police
11    that:
12            (i) He or she is 21 years of age or over, or if he
13        or she is under 21 years of age that he or she has the
14        written consent of his or her parent or legal guardian
15        to possess and acquire firearms and firearm ammunition
16        and that he or she has never been convicted of a
17        misdemeanor other than a traffic offense or adjudged
18        delinquent, provided, however, that such parent or
19        legal guardian is not an individual prohibited from
20        having a Firearm Owner's Identification Card and files
21        an affidavit with the Department as prescribed by the
22        Department stating that he or she is not an individual
23        prohibited from having a Card;
24            (ii) He or she has not been convicted of a felony
25        under the laws of this or any other jurisdiction;

 

 

10000HB1664ham001- 31 -LRB100 03198 SLF 36702 a

1            (iii) He or she is not addicted to narcotics;
2            (iv) He or she has not been a patient in a mental
3        health facility within the past 10 5 years or, if he or
4        she has been a patient in a mental health facility more
5        than 10 5 years ago submit the certification required
6        under subsection (u) of Section 8 of this Act;
7            (v) He or she is not a person with an intellectual
8        disability;
9            (vi) He or she is not an alien who is unlawfully
10        present in the United States under the laws of the
11        United States;
12            (vii) He or she is not subject to an existing order
13        of protection prohibiting him or her from possessing a
14        firearm;
15            (viii) He or she has not been convicted within the
16        past 5 years of battery, assault, aggravated assault,
17        violation of an order of protection, or a substantially
18        similar offense in another jurisdiction, in which a
19        firearm was used or possessed;
20            (ix) He or she has not been convicted of domestic
21        battery, aggravated domestic battery, or a
22        substantially similar offense in another jurisdiction
23        committed before, on or after January 1, 2012 (the
24        effective date of Public Act 97-158). If the applicant
25        knowingly and intelligently waives the right to have an
26        offense described in this clause (ix) tried by a jury,

 

 

10000HB1664ham001- 32 -LRB100 03198 SLF 36702 a

1        and by guilty plea or otherwise, results in a
2        conviction for an offense in which a domestic
3        relationship is not a required element of the offense
4        but in which a determination of the applicability of 18
5        U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
6        Code of Criminal Procedure of 1963, an entry by the
7        court of a judgment of conviction for that offense
8        shall be grounds for denying the issuance of a Firearm
9        Owner's Identification Card under this Section;
10            (x) (Blank);
11            (xi) He or she is not an alien who has been
12        admitted to the United States under a non-immigrant
13        visa (as that term is defined in Section 101(a)(26) of
14        the Immigration and Nationality Act (8 U.S.C.
15        1101(a)(26))), or that he or she is an alien who has
16        been lawfully admitted to the United States under a
17        non-immigrant visa if that alien is:
18                (1) admitted to the United States for lawful
19            hunting or sporting purposes;
20                (2) an official representative of a foreign
21            government who is:
22                    (A) accredited to the United States
23                Government or the Government's mission to an
24                international organization having its
25                headquarters in the United States; or
26                    (B) en route to or from another country to

 

 

10000HB1664ham001- 33 -LRB100 03198 SLF 36702 a

1                which that alien is accredited;
2                (3) an official of a foreign government or
3            distinguished foreign visitor who has been so
4            designated by the Department of State;
5                (4) a foreign law enforcement officer of a
6            friendly foreign government entering the United
7            States on official business; or
8                (5) one who has received a waiver from the
9            Attorney General of the United States pursuant to
10            18 U.S.C. 922(y)(3);
11            (xii) He or she is not a minor subject to a
12        petition filed under Section 5-520 of the Juvenile
13        Court Act of 1987 alleging that the minor is a
14        delinquent minor for the commission of an offense that
15        if committed by an adult would be a felony;
16            (xiii) He or she is not an adult who had been
17        adjudicated a delinquent minor under the Juvenile
18        Court Act of 1987 for the commission of an offense that
19        if committed by an adult would be a felony;
20            (xiv) He or she is a resident of the State of
21        Illinois;
22            (xv) He or she has not been adjudicated as a person
23        with a mental disability;
24            (xvi) He or she has not been involuntarily admitted
25        into a mental health facility; and
26            (xvii) He or she is not a person with a

 

 

10000HB1664ham001- 34 -LRB100 03198 SLF 36702 a

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

 

 

10000HB1664ham001- 35 -LRB100 03198 SLF 36702 a

1number from his or her state of residence. The Department of
2State Police may adopt rules to enforce the provisions of this
3subsection (a-10).
4    (a-15) If an applicant applying for a Firearm Owner's
5Identification Card moves from the residence address named in
6the application, he or she shall immediately notify in a form
7and manner prescribed by the Department of State Police of that
8change of address.
9    (a-20) Each applicant for a Firearm Owner's Identification
10Card shall furnish to the Department of State Police his or her
11photograph. An applicant who is 21 years of age or older
12seeking a religious exemption to the photograph requirement
13must furnish with the application an approved copy of United
14States Department of the Treasury Internal Revenue Service Form
154029. In lieu of a photograph, an applicant regardless of age
16seeking a religious exemption to the photograph requirement
17shall submit fingerprints on a form and manner prescribed by
18the Department with his or her application.
19    (b) Each application form shall include the following
20statement printed in bold type: "Warning: Entering false
21information on an application for a Firearm Owner's
22Identification Card is punishable as a Class 2 felony in
23accordance with subsection (d-5) of Section 14 of the Firearm
24Owners Identification Card Act.".
25    (c) Upon such written consent, pursuant to Section 4,
26paragraph (a)(2)(i), the parent or legal guardian giving the

 

 

10000HB1664ham001- 36 -LRB100 03198 SLF 36702 a

1consent shall be liable for any damages resulting from the
2applicant's use of firearms or firearm ammunition.
3(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
 
4    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
5    Sec. 8. Grounds for denial and revocation. The Department
6of State Police has authority to deny an application for or to
7revoke and seize a Firearm Owner's Identification Card
8previously issued under this Act only if the Department finds
9that the applicant or the person to whom such card was issued
10is or was at the time of issuance:
11        (a) A person under 21 years of age who has been
12    convicted of a misdemeanor other than a traffic offense or
13    adjudged delinquent;
14        (b) A person under 21 years of age who does not have
15    the written consent of his parent or guardian to acquire
16    and possess firearms and firearm ammunition, or whose
17    parent or guardian has revoked such written consent, or
18    where such parent or guardian does not qualify to have a
19    Firearm Owner's Identification Card;
20        (c) A person convicted of a felony under the laws of
21    this or any other jurisdiction;
22        (d) A person addicted to narcotics;
23        (e) A person who has been a patient of a mental health
24    facility within the past 10 5 years or a person who has
25    been a patient in a mental health facility more than 10 5

 

 

10000HB1664ham001- 37 -LRB100 03198 SLF 36702 a

1    years ago who has not received the certification required
2    under subsection (u) of this Section. An active law
3    enforcement officer employed by a unit of government who is
4    denied, revoked, or has his or her Firearm Owner's
5    Identification Card seized under this subsection (e) may
6    obtain relief as described in subsection (c-5) of Section
7    10 of this Act if the officer did not act in a manner
8    threatening to the officer, another person, or the public
9    as determined by the treating clinical psychologist or
10    physician, and the officer seeks mental health treatment;
11        (f) A person whose mental condition is of such a nature
12    that it poses a clear and present danger to the applicant,
13    any other person or persons, or the community. The
14    Department may order an applicant or a current Firearm
15    Owner's Identification Card holder to undergo a mental
16    health screening to determine if the person's mental
17    condition poses a clear and present danger to himself or
18    herself, any other person or persons, or the community if:
19    (1) the Department has credible information establishing
20    probable cause to believe the person presents a clear and
21    present danger to himself or herself, any other person or
22    persons, or the community; or (2) if the person was a
23    patient at a mental health facility more than 10 years ago.
24    The Department may delay the issuance of a Firearm Owner's
25    Identification Card or suspend a current holder's card for
26    a period not to exceed 90 days until a mental condition

 

 

10000HB1664ham001- 38 -LRB100 03198 SLF 36702 a

1    determination is made. If the applicant or Firearm Owner's
2    Identification Card holder does not submit to the mental
3    health screening, the application shall be denied or the
4    Firearm Owner's Identification Card shall be revoked;
5    however, the applicant or Firearm Owner's Identification
6    Card holder may request an extension of time to comply for
7    good cause determined by the Department. The Department may
8    designate mental health providers eligible to provide
9    mental health screenings under this subsection (f) whose
10    cost shall be paid by the applicant or current Firearm
11    Owner's Identification Card holder;
12        (g) A person who has an intellectual disability;
13        (h) A person who intentionally makes a false statement
14    in the Firearm Owner's Identification Card application;
15        (i) An alien who is unlawfully present in the United
16    States under the laws of the United States;
17        (i-5) An alien who has been admitted to the United
18    States under a non-immigrant visa (as that term is defined
19    in Section 101(a)(26) of the Immigration and Nationality
20    Act (8 U.S.C. 1101(a)(26))), except that this subsection
21    (i-5) does not apply to any alien who has been lawfully
22    admitted to the United States under a non-immigrant visa if
23    that alien is:
24            (1) admitted to the United States for lawful
25        hunting or sporting purposes;
26            (2) an official representative of a foreign

 

 

10000HB1664ham001- 39 -LRB100 03198 SLF 36702 a

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

 

 

10000HB1664ham001- 40 -LRB100 03198 SLF 36702 a

1    Act 97-158). If the applicant or person who has been
2    previously issued a Firearm Owner's Identification Card
3    under this Act knowingly and intelligently waives the right
4    to have an offense described in this paragraph (l) tried by
5    a jury, and by guilty plea or otherwise, results in a
6    conviction for an offense in which a domestic relationship
7    is not a required element of the offense but in which a
8    determination of the applicability of 18 U.S.C. 922(g)(9)
9    is made under Section 112A-11.1 of the Code of Criminal
10    Procedure of 1963, an entry by the court of a judgment of
11    conviction for that offense shall be grounds for denying an
12    application for and for revoking and seizing a Firearm
13    Owner's Identification Card previously issued to the
14    person under this Act;
15        (m) (Blank);
16        (n) A person who is prohibited from acquiring or
17    possessing firearms or firearm ammunition by any Illinois
18    State statute or by federal law;
19        (o) A minor subject to a petition filed under Section
20    5-520 of the Juvenile Court Act of 1987 alleging that the
21    minor is a delinquent minor for the commission of an
22    offense that if committed by an adult would be a felony;
23        (p) An adult who had been adjudicated a delinquent
24    minor under the Juvenile Court Act of 1987 for the
25    commission of an offense that if committed by an adult
26    would be a felony;

 

 

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

 

 

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

 

 

10000HB1664ham001- 43 -LRB100 03198 SLF 36702 a

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

 

 

10000HB1664ham001- 44 -LRB100 03198 SLF 36702 a

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

 

 

10000HB1664ham001- 45 -LRB100 03198 SLF 36702 a

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

 

 

10000HB1664ham001- 46 -LRB100 03198 SLF 36702 a

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

 

 

10000HB1664ham001- 47 -LRB100 03198 SLF 36702 a

1    (2) The Director shall act on the request for relief within
260 business days of receipt of written certification, in the
3form prescribed by the Director, from a physician or clinical
4psychologist, or qualified examiner, that the aggrieved
5party's developmental disability or intellectual disability
6condition is determined by a physician, clinical psychologist,
7or qualified to be mild. If a fact-finding conference is
8scheduled to obtain additional information concerning the
9circumstances of the denial or revocation, the 60 business days
10the Director has to act shall be tolled until the completion of
11the fact-finding conference.
12    (3) The Director may grant relief if the aggrieved party's
13developmental disability or intellectual disability is mild as
14determined by a physician, clinical psychologist, or qualified
15examiner and it is established by the applicant to the
16Director's satisfaction that:
17        (A) granting relief would not be contrary to the public
18    interest; and
19        (B) granting relief would not be contrary to federal
20    law.
21    (4) The Director may not grant relief if the condition is
22determined by a physician, clinical psychologist, or qualified
23examiner to be moderate, severe, or profound.
24    (5) The changes made to this Section by this amendatory Act
25of the 99th General Assembly apply to requests for relief
26pending on or before the effective date of this amendatory Act,

 

 

10000HB1664ham001- 48 -LRB100 03198 SLF 36702 a

1except that the 60-day period for the Director to act on
2requests pending before the effective date shall begin on the
3effective date of this amendatory Act.
4    (d) When a minor is adjudicated delinquent for an offense
5which if committed by an adult would be a felony, the court
6shall notify the Department of State Police.
7    (e) The court shall review the denial of an application or
8the revocation of a Firearm Owner's Identification Card of a
9person who has been adjudicated delinquent for an offense that
10if committed by an adult would be a felony if an application
11for relief has been filed at least 10 years after the
12adjudication of delinquency and the court determines that the
13applicant should be granted relief from disability to obtain a
14Firearm Owner's Identification Card. If the court grants
15relief, the court shall notify the Department of State Police
16that the disability has been removed and that the applicant is
17eligible to obtain a Firearm Owner's Identification Card.
18    (f) Any person who is subject to the disabilities of 18
19U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
20of 1968 because of an adjudication or commitment that occurred
21under the laws of this State or who was determined to be
22subject to the provisions of subsections (e), (f), or (g) of
23Section 8 of this Act may apply to the Department of State
24Police requesting relief from that prohibition. The Director
25shall grant the relief if it is established by a preponderance
26of the evidence that the person will not be likely to act in a

 

 

10000HB1664ham001- 49 -LRB100 03198 SLF 36702 a

1manner dangerous to public safety and that granting relief
2would not be contrary to the public interest. In making this
3determination, the Director shall receive evidence concerning
4(i) the circumstances regarding the firearms disabilities from
5which relief is sought; (ii) the petitioner's mental health and
6criminal history records, if any; (iii) the petitioner's
7reputation, developed at a minimum through character witness
8statements, testimony, or other character evidence; and (iv)
9changes in the petitioner's condition or circumstances since
10the disqualifying events relevant to the relief sought. If
11relief is granted under this subsection or by order of a court
12under this Section, the Director shall as soon as practicable
13but in no case later than 15 business days, update, correct,
14modify, or remove the person's record in any database that the
15Department of State Police makes available to the National
16Instant Criminal Background Check System and notify the United
17States Attorney General that the basis for the record being
18made available no longer applies. The Department of State
19Police shall adopt rules for the administration of this
20Section.
21(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78,
22eff. 7-20-15.)
 
23    Section 95. No acceleration or delay. Where this Act makes
24changes in a statute that is represented in this Act by text
25that is not yet or no longer in effect (for example, a Section

 

 

10000HB1664ham001- 50 -LRB100 03198 SLF 36702 a

1represented by multiple versions), the use of that text does
2not accelerate or delay the taking effect of (i) the changes
3made by this Act or (ii) provisions derived from any other
4Public Act.
 
5    Section 99. Effective date. This Act takes effect July 1,
62018.".