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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 1. This Act may be referred to as the Fix the FOID |
5 | | Act.
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6 | | Section 3. The Open Meetings Act is amended by changing |
7 | | Section 2 as follows:
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8 | | (5 ILCS 120/2) (from Ch. 102, par. 42)
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9 | | Sec. 2. Open meetings.
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10 | | (a) Openness required. All meetings of public
bodies shall |
11 | | be open to the public unless excepted in subsection (c)
and |
12 | | closed in accordance with Section 2a.
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13 | | (b) Construction of exceptions. The exceptions contained |
14 | | in subsection
(c) are in derogation of the requirement that |
15 | | public bodies
meet in the open, and therefore, the exceptions |
16 | | are to be strictly
construed, extending only to subjects |
17 | | clearly within their scope.
The exceptions authorize but do |
18 | | not require the holding of
a closed meeting to discuss a |
19 | | subject included within an enumerated exception.
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20 | | (c) Exceptions. A public body may hold closed meetings to |
21 | | consider the
following subjects:
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22 | | (1) The appointment, employment, compensation, |
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1 | | discipline, performance,
or dismissal of specific |
2 | | employees, specific individuals who serve as independent |
3 | | contractors in a park, recreational, or educational |
4 | | setting, or specific volunteers of the public body or |
5 | | legal counsel for
the public body, including hearing
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6 | | testimony on a complaint lodged against an employee, a |
7 | | specific individual who serves as an independent |
8 | | contractor in a park, recreational, or educational |
9 | | setting, or a volunteer of the public body or
against |
10 | | legal counsel for the public body to determine its |
11 | | validity. However, a meeting to consider an increase in |
12 | | compensation to a specific employee of a public body that |
13 | | is subject to the Local Government Wage Increase |
14 | | Transparency Act may not be closed and shall be open to the |
15 | | public and posted and held in accordance with this Act.
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16 | | (2) Collective negotiating matters between the public |
17 | | body and its
employees or their representatives, or |
18 | | deliberations concerning salary
schedules for one or more |
19 | | classes of employees.
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20 | | (3) The selection of a person to fill a public office,
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21 | | as defined in this Act, including a vacancy in a public |
22 | | office, when the public
body is given power to appoint |
23 | | under law or ordinance, or the discipline,
performance or |
24 | | removal of the occupant of a public office, when the |
25 | | public body
is given power to remove the occupant under |
26 | | law or ordinance.
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1 | | (4) Evidence or testimony presented in open hearing, |
2 | | or in closed
hearing where specifically authorized by law, |
3 | | to
a quasi-adjudicative body, as defined in this Act, |
4 | | provided that the body
prepares and makes available for |
5 | | public inspection a written decision
setting forth its |
6 | | determinative reasoning.
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7 | | (5) The purchase or lease of real property for the use |
8 | | of
the public body, including meetings held for the |
9 | | purpose of discussing
whether a particular parcel should |
10 | | be acquired.
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11 | | (6) The setting of a price for sale or lease of |
12 | | property owned
by the public body.
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13 | | (7) The sale or purchase of securities, investments, |
14 | | or investment
contracts. This exception shall not apply to |
15 | | the investment of assets or income of funds deposited into |
16 | | the Illinois Prepaid Tuition Trust Fund.
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17 | | (8) Security procedures, school building safety and |
18 | | security, and the use of personnel and
equipment to |
19 | | respond to an actual, a threatened, or a reasonably
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20 | | potential danger to the safety of employees, students, |
21 | | staff, the public, or
public
property.
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22 | | (9) Student disciplinary cases.
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23 | | (10) The placement of individual students in special |
24 | | education
programs and other matters relating to |
25 | | individual students.
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26 | | (11) Litigation, when an action against, affecting or |
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1 | | on behalf of the
particular public body has been filed and |
2 | | is pending before a court or
administrative tribunal, or |
3 | | when the public body finds that an action is
probable or |
4 | | imminent, in which case the basis for the finding shall be
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5 | | recorded and entered into the minutes of the closed |
6 | | meeting.
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7 | | (12) The establishment of reserves or settlement of |
8 | | claims as provided
in the Local Governmental and |
9 | | Governmental Employees Tort Immunity Act, if
otherwise the |
10 | | disposition of a claim or potential claim might be
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11 | | prejudiced, or the review or discussion of claims, loss or |
12 | | risk management
information, records, data, advice or |
13 | | communications from or with respect
to any insurer of the |
14 | | public body or any intergovernmental risk management
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15 | | association or self insurance pool of which the public |
16 | | body is a member.
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17 | | (13) Conciliation of complaints of discrimination in |
18 | | the sale or rental
of housing, when closed meetings are |
19 | | authorized by the law or ordinance
prescribing fair |
20 | | housing practices and creating a commission or
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21 | | administrative agency for their enforcement.
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22 | | (14) Informant sources, the hiring or assignment of |
23 | | undercover personnel
or equipment, or ongoing, prior or |
24 | | future criminal investigations, when
discussed by a public |
25 | | body with criminal investigatory responsibilities.
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26 | | (15) Professional ethics or performance when |
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1 | | considered by an advisory
body appointed to advise a |
2 | | licensing or regulatory agency on matters
germane to the |
3 | | advisory body's field of competence.
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4 | | (16) Self evaluation, practices and procedures or |
5 | | professional ethics,
when meeting with a representative of |
6 | | a statewide association of which the
public body is a |
7 | | member.
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8 | | (17) The recruitment, credentialing, discipline or |
9 | | formal peer review
of physicians or other
health care |
10 | | professionals, or for the discussion of matters protected |
11 | | under the federal Patient Safety and Quality Improvement |
12 | | Act of 2005, and the regulations promulgated thereunder, |
13 | | including 42 C.F.R. Part 3 (73 FR 70732), or the federal |
14 | | Health Insurance Portability and Accountability Act of |
15 | | 1996, and the regulations promulgated thereunder, |
16 | | including 45 C.F.R. Parts 160, 162, and 164, by a |
17 | | hospital, or
other institution providing medical care, |
18 | | that is operated by the public body.
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19 | | (18) Deliberations for decisions of the Prisoner |
20 | | Review Board.
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21 | | (19) Review or discussion of applications received |
22 | | under the
Experimental Organ Transplantation Procedures |
23 | | Act.
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24 | | (20) The classification and discussion of matters |
25 | | classified as
confidential or continued confidential by |
26 | | the State Government Suggestion Award
Board.
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1 | | (21) Discussion of minutes of meetings lawfully closed |
2 | | under this Act,
whether for purposes of approval by the |
3 | | body of the minutes or semi-annual
review of the minutes |
4 | | as mandated by Section 2.06.
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5 | | (22) Deliberations for decisions of the State
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6 | | Emergency Medical Services Disciplinary
Review Board.
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7 | | (23) The operation by a municipality of a municipal |
8 | | utility or the
operation of a
municipal power agency or |
9 | | municipal natural gas agency when the
discussion involves |
10 | | (i) contracts relating to the
purchase, sale, or delivery |
11 | | of electricity or natural gas or (ii) the results
or |
12 | | conclusions of load forecast studies.
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13 | | (24) Meetings of a residential health care facility |
14 | | resident sexual
assault and death review
team or
the |
15 | | Executive
Council under the Abuse Prevention Review
Team |
16 | | Act.
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17 | | (25) Meetings of an independent team of experts under |
18 | | Brian's Law. |
19 | | (26) Meetings of a mortality review team appointed |
20 | | under the Department of Juvenile Justice Mortality Review |
21 | | Team Act. |
22 | | (27) (Blank). |
23 | | (28) Correspondence and records (i) that may not be |
24 | | disclosed under Section 11-9 of the Illinois Public Aid |
25 | | Code or (ii) that pertain to appeals under Section 11-8 of |
26 | | the Illinois Public Aid Code. |
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1 | | (29) Meetings between internal or external auditors |
2 | | and governmental audit committees, finance committees, and |
3 | | their equivalents, when the discussion involves internal |
4 | | control weaknesses, identification of potential fraud risk |
5 | | areas, known or suspected frauds, and fraud interviews |
6 | | conducted in accordance with generally accepted auditing |
7 | | standards of the United States of America. |
8 | | (30) Those meetings or portions of meetings of a |
9 | | fatality review team or the Illinois Fatality Review Team |
10 | | Advisory Council during which a review of the death of an |
11 | | eligible adult in which abuse or neglect is suspected, |
12 | | alleged, or substantiated is conducted pursuant to Section |
13 | | 15 of the Adult Protective Services Act. |
14 | | (31) Meetings and deliberations for decisions of the |
15 | | Concealed Carry Licensing Review Board under the Firearm |
16 | | Concealed Carry Act. |
17 | | (32) Meetings between the Regional Transportation |
18 | | Authority Board and its Service Boards when the discussion |
19 | | involves review by the Regional Transportation Authority |
20 | | Board of employment contracts under Section 28d of the |
21 | | Metropolitan Transit Authority Act and Sections 3A.18 and |
22 | | 3B.26 of the Regional Transportation Authority Act. |
23 | | (33) Those meetings or portions of meetings of the |
24 | | advisory committee and peer review subcommittee created |
25 | | under Section 320 of the Illinois Controlled Substances |
26 | | Act during which specific controlled substance prescriber, |
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1 | | dispenser, or patient information is discussed. |
2 | | (34) Meetings of the Tax Increment Financing Reform |
3 | | Task Force under Section 2505-800 of the Department of |
4 | | Revenue Law of the Civil Administrative Code of Illinois. |
5 | | (35) Meetings of the group established to discuss |
6 | | Medicaid capitation rates under Section 5-30.8 of the |
7 | | Illinois Public Aid Code. |
8 | | (36) Those deliberations or portions of deliberations |
9 | | for decisions of the Illinois Gaming Board in which there |
10 | | is discussed any of the following: (i) personal, |
11 | | commercial, financial, or other information obtained from |
12 | | any source that is privileged, proprietary, confidential, |
13 | | or a trade secret; or (ii) information specifically |
14 | | exempted from the disclosure by federal or State law. |
15 | | (37) Meetings of the Firearm Owner's Identification
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16 | | Card Review Board under Section 10 of the Firearm Owners
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17 | | Identification Card Act. |
18 | | (d) Definitions. For purposes of this Section:
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19 | | "Employee" means a person employed by a public body whose |
20 | | relationship
with the public body constitutes an |
21 | | employer-employee relationship under
the usual common law |
22 | | rules, and who is not an independent contractor.
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23 | | "Public office" means a position created by or under the
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24 | | Constitution or laws of this State, the occupant of which is |
25 | | charged with
the exercise of some portion of the sovereign |
26 | | power of this State. The term
"public office" shall include |
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1 | | members of the public body, but it shall not
include |
2 | | organizational positions filled by members thereof, whether
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3 | | established by law or by a public body itself, that exist to |
4 | | assist the
body in the conduct of its business.
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5 | | "Quasi-adjudicative body" means an administrative body |
6 | | charged by law or
ordinance with the responsibility to conduct |
7 | | hearings, receive evidence or
testimony and make |
8 | | determinations based
thereon, but does not include
local |
9 | | electoral boards when such bodies are considering petition |
10 | | challenges.
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11 | | (e) Final action. No final action may be taken at a closed |
12 | | meeting.
Final action shall be preceded by a public recital of |
13 | | the nature of the
matter being considered and other |
14 | | information that will inform the
public of the business being |
15 | | conducted.
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16 | | (Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17; |
17 | | 100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff. |
18 | | 8-23-19; revised 9-27-19.)
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19 | | Section 5. The Freedom of Information Act is amended by |
20 | | changing Section 7.5 as follows:
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21 | | (5 ILCS 140/7.5) |
22 | | Sec. 7.5. Statutory exemptions. To the extent provided for |
23 | | by the statutes referenced below, the following shall be |
24 | | exempt from inspection and copying: |
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1 | | (a) All information determined to be confidential |
2 | | under Section 4002 of the Technology Advancement and |
3 | | Development Act. |
4 | | (b) Library circulation and order records identifying |
5 | | library users with specific materials under the Library |
6 | | Records Confidentiality Act. |
7 | | (c) Applications, related documents, and medical |
8 | | records received by the Experimental Organ Transplantation |
9 | | Procedures Board and any and all documents or other |
10 | | records prepared by the Experimental Organ Transplantation |
11 | | Procedures Board or its staff relating to applications it |
12 | | has received. |
13 | | (d) Information and records held by the Department of |
14 | | Public Health and its authorized representatives relating |
15 | | to known or suspected cases of sexually transmissible |
16 | | disease or any information the disclosure of which is |
17 | | restricted under the Illinois Sexually Transmissible |
18 | | Disease Control Act. |
19 | | (e) Information the disclosure of which is exempted |
20 | | under Section 30 of the Radon Industry Licensing Act. |
21 | | (f) Firm performance evaluations under Section 55 of |
22 | | the Architectural, Engineering, and Land Surveying |
23 | | Qualifications Based Selection Act. |
24 | | (g) Information the disclosure of which is restricted |
25 | | and exempted under Section 50 of the Illinois Prepaid |
26 | | Tuition Act. |
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1 | | (h) Information the disclosure of which is exempted |
2 | | under the State Officials and Employees Ethics Act, and |
3 | | records of any lawfully created State or local inspector |
4 | | general's office that would be exempt if created or |
5 | | obtained by an Executive Inspector General's office under |
6 | | that Act. |
7 | | (i) Information contained in a local emergency energy |
8 | | plan submitted to a municipality in accordance with a |
9 | | local emergency energy plan ordinance that is adopted |
10 | | under Section 11-21.5-5 of the Illinois Municipal Code. |
11 | | (j) Information and data concerning the distribution |
12 | | of surcharge moneys collected and remitted by carriers |
13 | | under the Emergency Telephone System Act. |
14 | | (k) Law enforcement officer identification information |
15 | | or driver identification information compiled by a law |
16 | | enforcement agency or the Department of Transportation |
17 | | under Section 11-212 of the Illinois Vehicle Code. |
18 | | (l) Records and information provided to a residential |
19 | | health care facility resident sexual assault and death |
20 | | review team or the Executive Council under the Abuse |
21 | | Prevention Review Team Act. |
22 | | (m) Information provided to the predatory lending |
23 | | database created pursuant to Article 3 of the Residential |
24 | | Real Property Disclosure Act, except to the extent |
25 | | authorized under that Article. |
26 | | (n) Defense budgets and petitions for certification of |
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1 | | compensation and expenses for court appointed trial |
2 | | counsel as provided under Sections 10 and 15 of the |
3 | | Capital Crimes Litigation Act. This subsection (n) shall |
4 | | apply until the conclusion of the trial of the case, even |
5 | | if the prosecution chooses not to pursue the death penalty |
6 | | prior to trial or sentencing. |
7 | | (o) Information that is prohibited from being |
8 | | disclosed under Section 4 of the Illinois Health and |
9 | | Hazardous Substances Registry Act. |
10 | | (p) Security portions of system safety program plans, |
11 | | investigation reports, surveys, schedules, lists, data, or |
12 | | information compiled, collected, or prepared by or for the |
13 | | Regional Transportation Authority under Section 2.11 of |
14 | | the Regional Transportation Authority Act or the St. Clair |
15 | | County Transit District under the Bi-State Transit Safety |
16 | | Act. |
17 | | (q) Information prohibited from being disclosed by the |
18 | | Personnel Record Review Act. |
19 | | (r) Information prohibited from being disclosed by the |
20 | | Illinois School Student Records Act. |
21 | | (s) Information the disclosure of which is restricted |
22 | | under Section 5-108 of the Public Utilities Act.
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23 | | (t) All identified or deidentified health information |
24 | | in the form of health data or medical records contained |
25 | | in, stored in, submitted to, transferred by, or released |
26 | | from the Illinois Health Information Exchange, and |
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1 | | identified or deidentified health information in the form |
2 | | of health data and medical records of the Illinois Health |
3 | | Information Exchange in the possession of the Illinois |
4 | | Health Information Exchange Office due to its |
5 | | administration of the Illinois Health Information |
6 | | Exchange. The terms "identified" and "deidentified" shall |
7 | | be given the same meaning as in the Health Insurance |
8 | | Portability and Accountability Act of 1996, Public Law |
9 | | 104-191, or any subsequent amendments thereto, and any |
10 | | regulations promulgated thereunder. |
11 | | (u) Records and information provided to an independent |
12 | | team of experts under the Developmental Disability and |
13 | | Mental Health Safety Act (also known as Brian's Law). |
14 | | (v) Names and information of people who have applied |
15 | | for or received Firearm Owner's Identification Cards under |
16 | | the Firearm Owners Identification Card Act or applied for |
17 | | or received a concealed carry license under the Firearm |
18 | | Concealed Carry Act, unless otherwise authorized by the |
19 | | Firearm Concealed Carry Act; and databases under the |
20 | | Firearm Concealed Carry Act, records of the Concealed |
21 | | Carry Licensing Review Board under the Firearm Concealed |
22 | | Carry Act, and law enforcement agency objections under the |
23 | | Firearm Concealed Carry Act. |
24 | | (v-5) Records of the Firearm Owner's Identification
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25 | | Card Review Board that are exempted from disclosure under
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26 | | Section 10 of the Firearm Owners Identification Card Act. |
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1 | | (w) Personally identifiable information which is |
2 | | exempted from disclosure under subsection (g) of Section |
3 | | 19.1 of the Toll Highway Act. |
4 | | (x) Information which is exempted from disclosure |
5 | | under Section 5-1014.3 of the Counties Code or Section |
6 | | 8-11-21 of the Illinois Municipal Code. |
7 | | (y) Confidential information under the Adult |
8 | | Protective Services Act and its predecessor enabling |
9 | | statute, the Elder Abuse and Neglect Act, including |
10 | | information about the identity and administrative finding |
11 | | against any caregiver of a verified and substantiated |
12 | | decision of abuse, neglect, or financial exploitation of |
13 | | an eligible adult maintained in the Registry established |
14 | | under Section 7.5 of the Adult Protective Services Act. |
15 | | (z) Records and information provided to a fatality |
16 | | review team or the Illinois Fatality Review Team Advisory |
17 | | Council under Section 15 of the Adult Protective Services |
18 | | Act. |
19 | | (aa) Information which is exempted from disclosure |
20 | | under Section 2.37 of the Wildlife Code. |
21 | | (bb) Information which is or was prohibited from |
22 | | disclosure by the Juvenile Court Act of 1987. |
23 | | (cc) Recordings made under the Law Enforcement |
24 | | Officer-Worn Body Camera Act, except to the extent |
25 | | authorized under that Act. |
26 | | (dd) Information that is prohibited from being |
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1 | | disclosed under Section 45 of the Condominium and Common |
2 | | Interest Community Ombudsperson Act. |
3 | | (ee) Information that is exempted from disclosure |
4 | | under Section 30.1 of the Pharmacy Practice Act. |
5 | | (ff) Information that is exempted from disclosure |
6 | | under the Revised Uniform Unclaimed Property Act. |
7 | | (gg) Information that is prohibited from being |
8 | | disclosed under Section 7-603.5 of the Illinois Vehicle |
9 | | Code. |
10 | | (hh) Records that are exempt from disclosure under |
11 | | Section 1A-16.7 of the Election Code. |
12 | | (ii) Information which is exempted from disclosure |
13 | | under Section 2505-800 of the Department of Revenue Law of |
14 | | the Civil Administrative Code of Illinois. |
15 | | (jj) Information and reports that are required to be |
16 | | submitted to the Department of Labor by registering day |
17 | | and temporary labor service agencies but are exempt from |
18 | | disclosure under subsection (a-1) of Section 45 of the Day |
19 | | and Temporary Labor Services Act. |
20 | | (kk) Information prohibited from disclosure under the |
21 | | Seizure and Forfeiture Reporting Act. |
22 | | (ll) Information the disclosure of which is restricted |
23 | | and exempted under Section 5-30.8 of the Illinois Public |
24 | | Aid Code. |
25 | | (mm) Records that are exempt from disclosure under |
26 | | Section 4.2 of the Crime Victims Compensation Act. |
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1 | | (nn) Information that is exempt from disclosure under |
2 | | Section 70 of the Higher Education Student Assistance Act. |
3 | | (oo) Communications, notes, records, and reports |
4 | | arising out of a peer support counseling session |
5 | | prohibited from disclosure under the First Responders |
6 | | Suicide Prevention Act. |
7 | | (pp) Names and all identifying information relating to |
8 | | an employee of an emergency services provider or law |
9 | | enforcement agency under the First Responders Suicide |
10 | | Prevention Act. |
11 | | (qq) Information and records held by the Department of |
12 | | Public Health and its authorized representatives collected |
13 | | under the Reproductive Health Act. |
14 | | (rr) Information that is exempt from disclosure under |
15 | | the Cannabis Regulation and Tax Act. |
16 | | (ss) Data reported by an employer to the Department of |
17 | | Human Rights pursuant to Section 2-108 of the Illinois |
18 | | Human Rights Act. |
19 | | (tt) Recordings made under the Children's Advocacy |
20 | | Center Act, except to the extent authorized under that |
21 | | Act. |
22 | | (uu) Information that is exempt from disclosure under |
23 | | Section 50 of the Sexual Assault Evidence Submission Act. |
24 | | (vv) Information that is exempt from disclosure under |
25 | | subsections (f) and (j) of Section 5-36 of the Illinois |
26 | | Public Aid Code. |
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1 | | (ww) Information that is exempt from disclosure under |
2 | | Section 16.8 of the State Treasurer Act. |
3 | | (xx) Information that is exempt from disclosure or |
4 | | information that shall not be made public under the |
5 | | Illinois Insurance Code. |
6 | | (yy) Information prohibited from being disclosed under |
7 | | the Illinois Educational Labor Relations Act. |
8 | | (zz) Information prohibited from being disclosed under |
9 | | the Illinois Public Labor Relations Act. |
10 | | (aaa) Information prohibited from being disclosed |
11 | | under Section 1-167 of the Illinois Pension Code. |
12 | | (bbb) Records exempt from disclosure under Section |
13 | | 2605-304 of the Department of State Police Law of the |
14 | | Civil Administrative Code of Illinois. |
15 | | (Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; |
16 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. |
17 | | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, |
18 | | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; |
19 | | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff. |
20 | | 6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, |
21 | | eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; |
22 | | 101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. |
23 | | 1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649, |
24 | | eff. 7-7-20.)
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25 | | Section 10. The Department of State Police Law of the
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1 | | Civil Administrative Code of Illinois is amended by changing |
2 | | Section 2605-605 and by adding Section 2605-304 as follows:
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3 | | (20 ILCS 2605/2605-304 new) |
4 | | Sec. 2605-304. Prohibited persons portal. |
5 | | (a) Within 90 days after the effective date of this |
6 | | amendatory Act of the 102nd General Assembly, the Illinois |
7 | | State Police shall establish a portal for use by federal, |
8 | | State, or local law enforcement agencies, including Offices of |
9 | | the State's Attorneys and the Office of the Attorney General |
10 | | to capture a report of persons whose Firearm Owner's |
11 | | Identification Cards have been revoked or suspended. The |
12 | | portal is for law enforcement purposes only. |
13 | | (b) The Illinois State Police shall include in the report |
14 | | the reason the person's Firearm Owner's Identification Card |
15 | | was subject to revocation or suspension, to the extent allowed |
16 | | by law, consistent with Section 8 of the Firearm Owners |
17 | | Identification Card Act. |
18 | | (c) The Illinois State Police shall indicate whether the |
19 | | person subject to the revocation or suspension of his or her |
20 | | Firearm Owner's Identification Card has surrendered his or her |
21 | | revoked or suspended Firearm Owner's Identification Card and |
22 | | whether the person has completed a Firearm Disposition Record |
23 | | required under Section 9.5 of the Firearm Owners |
24 | | Identification Card Act. The Illinois State Police shall make |
25 | | reasonable efforts to make this information available on the |
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1 | | Law Enforcement Agencies Data System (LEADS). |
2 | | (d) The Illinois State Police shall provide updates of |
3 | | information related to an individual's current Firearm Owner's |
4 | | Identification Card revocation or suspension status, including |
5 | | compliance under Section 9.5 of the Firearm Owners |
6 | | Identification Card Act, in the Illinois State Police's Law |
7 | | Enforcement Agencies Data System. |
8 | | (e) Records in this portal are exempt from disclosure |
9 | | under the Freedom of Information Act. |
10 | | (f) The Illinois State Police may adopt rules necessary to |
11 | | implement this Section.
|
12 | | (20 ILCS 2605/2605-605) |
13 | | Sec. 2605-605. Violent Crime Intelligence Task Force. The |
14 | | Director of State Police shall may establish a statewide |
15 | | multi-jurisdictional Violent Crime Intelligence Task Force led |
16 | | by the Department of State Police dedicated to combating gun |
17 | | violence, gun-trafficking, and other violent crime with the |
18 | | primary mission of preservation of life and reducing the |
19 | | occurrence and the fear of crime. The objectives of the Task |
20 | | Force shall include, but not be limited to, reducing and |
21 | | preventing illegal possession and use of firearms, |
22 | | firearm-related homicides, and other violent crimes. |
23 | | (1) The Task Force may develop and acquire information, |
24 | | training, tools, and resources necessary to implement a |
25 | | data-driven approach to policing, with an emphasis on |
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1 | | intelligence development. |
2 | | (2) The Task Force may utilize information sharing, |
3 | | partnerships, crime analysis, and evidence-based practices to |
4 | | assist in the reduction of firearm-related shootings, |
5 | | homicides, and gun-trafficking. |
6 | | (3) The Task Force may recognize and utilize best |
7 | | practices of community policing and may develop potential |
8 | | partnerships with faith-based and community organizations to |
9 | | achieve its goals. |
10 | | (4) The Task Force may identify and utilize best practices |
11 | | in drug-diversion programs and other community-based services |
12 | | to redirect low-level offenders. |
13 | | (5) The Task Force may assist in violence suppression |
14 | | strategies including, but not limited to, details in |
15 | | identified locations that have shown to be the most prone to |
16 | | gun violence and violent crime, focused deterrence against |
17 | | violent gangs and groups considered responsible for the |
18 | | violence in communities, and other intelligence driven methods |
19 | | deemed necessary to interrupt cycles of violence or prevent |
20 | | retaliation. |
21 | | (6) In consultation with the Chief Procurement Officer, |
22 | | the Department of State Police may obtain contracts for |
23 | | software, commodities, resources, and equipment to assist the |
24 | | Task Force with achieving this Act. Any contracts necessary to |
25 | | support the delivery of necessary software, commodities, |
26 | | resources, and equipment are not subject to the Illinois |
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1 | | Procurement Code, except for Sections 20-60, 20-65, 20-70, and |
2 | | 20-160 and Article 50 of that Code, provided that the Chief |
3 | | Procurement Officer may, in writing with justification, waive |
4 | | any certification required under Article 50 of the Illinois |
5 | | Procurement Code.
|
6 | | (7) The Task Force shall conduct enforcement operations |
7 | | against persons whose Firearm Owner's Identification Cards |
8 | | have been revoked or suspended and persons who fail to comply |
9 | | with the requirements of Section 9.5 of the Firearm Owners |
10 | | Identification Card Act, prioritizing individuals presenting a |
11 | | clear and present danger to themselves or to others under |
12 | | paragraph (2) of subsection (d) of Section 8.1 of the Firearm |
13 | | Owners Identification Card Act. |
14 | | (8) The Task Force shall collaborate with local law |
15 | | enforcement agencies to enforce provisions of the Firearm |
16 | | Owners Identification Card Act, the Firearm Concealed Carry |
17 | | Act, the Firearm Dealer License Certification Act, and Article |
18 | | 24 of the Criminal Code of 2012. |
19 | | (9) To implement this Section, the Director of the |
20 | | Illinois State Police may establish intergovernmental |
21 | | contracts written and executed in conformity with the |
22 | | Intergovernmental Cooperation Act. |
23 | | 10) Law enforcement agencies that participate in
|
24 | | activities described in paragraphs (7) through (9) may apply
|
25 | | to the Illinois State Police for grants from the State Police
|
26 | | Revocation Enforcement Fund. |
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1 | | (Source: P.A. 100-3, eff. 1-1-18 .)
|
2 | | Section 15. The State Finance Act is amended by changing |
3 | | Section 6z-99 and by adding Sections 5.938 and 6z-124 as |
4 | | follows:
|
5 | | (30 ILCS 105/5.938 new) |
6 | | Sec. 5.938. The State Police Revocation Enforcement Fund.
|
7 | | (30 ILCS 105/6z-99) |
8 | | Sec. 6z-99. The Mental Health Reporting Fund. |
9 | | (a) There is created in the State treasury a special fund |
10 | | known as the Mental Health Reporting Fund. The Fund shall |
11 | | receive revenue under the Firearm Concealed Carry Act. The |
12 | | Fund may also receive revenue from grants, pass-through |
13 | | grants, donations, appropriations, and any other legal source. |
14 | | (b) The Department of State Police and Department of Human |
15 | | Services shall coordinate to use moneys in the Fund to finance |
16 | | their respective duties of collecting and reporting data on |
17 | | mental health records and ensuring that mental health firearm |
18 | | possession prohibitors are enforced as set forth under the |
19 | | Firearm Concealed Carry Act and the Firearm Owners |
20 | | Identification Card Act , including reporting prohibitors to |
21 | | the National Instant Criminal Background Check System (NICS) . |
22 | | Any surplus in the Fund beyond what is necessary to ensure |
23 | | compliance with mental health reporting under these Acts shall |
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1 | | be used by the Department of Human Services for mental health |
2 | | treatment programs as follows: (1) 50% shall be used to fund |
3 | | community-based mental health programs aimed at reducing gun |
4 | | violence, community integration and education, or mental |
5 | | health awareness and prevention, including administrative |
6 | | costs; and (2) 50% shall be used to award grants that use and |
7 | | promote the National School Mental Health Curriculum model for |
8 | | school-based mental health support, integration, and services . |
9 | | (c) Investment income that is attributable to the |
10 | | investment of moneys in the Fund shall be retained in the Fund |
11 | | for the uses specified in this Section.
|
12 | | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
|
13 | | (30 ILCS 105/6z-124 new) |
14 | | Sec. 6z-124. State Police Revocation Enforcement Fund. |
15 | | (a) The State Police Revocation Enforcement Fund is |
16 | | established as a special fund in the State treasury. This Fund |
17 | | is established to receive moneys from the Firearm Owners |
18 | | Identification Card Act to enforce that Act, the Firearm |
19 | | Concealed Carry Act, Article 24 of the Criminal Code of 2012, |
20 | | and other firearm offenses. The Fund may also receive revenue |
21 | | from grants, donations, appropriations, and any other legal |
22 | | source. |
23 | | (b) The Illinois State Police may use moneys from the Fund |
24 | | to establish task forces and, if necessary, include other law |
25 | | enforcement agencies, pursuant to intergovernmental contracts |
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1 | | written and executed in conformity with the Intergovernmental |
2 | | Cooperation Act. |
3 | | (c) The Illinois State Police may use moneys in the Fund to |
4 | | hire and train State Police officers and the prevention of |
5 | | violent crime. |
6 | | (d) Law enforcement agencies that participate in Firearm
|
7 | | Owner's Identification Card revocation enforcement in the
|
8 | | Violent Crime Intelligence Task Force may apply for grants
|
9 | | from the Illinois State Police. |
10 | | (e) The State Police Revocation Enforcement Fund is not |
11 | | subject to administrative chargebacks.
|
12 | | Section 20. The Firearm Owners Identification Card Act is |
13 | | amended by changing Sections 1.1, 3, 3a, 3.1, 4, 5, 6, 7, 8, |
14 | | 8.2, 8.3, 9.5, 10, 11, and 13.2 and by adding Sections 6.2, |
15 | | 7.5, 8.4, and 13.4 as follows:
|
16 | | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
|
17 | | Sec. 1.1. For purposes of this Act:
|
18 | | "Addicted to narcotics" means a person who has been: |
19 | | (1) convicted of an offense involving the use or |
20 | | possession of cannabis, a controlled substance, or |
21 | | methamphetamine within the past year; or |
22 | | (2) determined by the Department of State Police to be |
23 | | addicted to narcotics based upon federal law or federal |
24 | | guidelines. |
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1 | | "Addicted to narcotics" does not include possession or use |
2 | | of a prescribed controlled substance under the direction and |
3 | | authority of a physician or other person authorized to |
4 | | prescribe the controlled substance when the controlled |
5 | | substance is used in the prescribed manner. |
6 | | "Adjudicated as a person with a mental disability" means |
7 | | the person is the subject of a determination by a court, board, |
8 | | commission or other lawful authority that the person, as a |
9 | | result of marked subnormal intelligence, or mental illness, |
10 | | mental impairment, incompetency, condition, or disease: |
11 | | (1) presents a clear and present danger to himself, |
12 | | herself, or to others; |
13 | | (2) lacks the mental capacity to manage his or her own |
14 | | affairs or is adjudicated a person with a disability as |
15 | | defined in Section 11a-2 of the Probate Act of 1975; |
16 | | (3) is not guilty in a criminal case by reason of |
17 | | insanity, mental disease or defect; |
18 | | (3.5) is guilty but mentally ill, as provided in |
19 | | Section 5-2-6 of the Unified Code of Corrections; |
20 | | (4) is incompetent to stand trial in a criminal case; |
21 | | (5) is not guilty by reason of lack of mental |
22 | | responsibility under Articles 50a and 72b of the Uniform |
23 | | Code of Military Justice, 10 U.S.C. 850a, 876b;
|
24 | | (6) is a sexually violent person under subsection (f) |
25 | | of Section 5 of the Sexually Violent Persons Commitment |
26 | | Act; |
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1 | | (7) is a sexually dangerous person under the Sexually |
2 | | Dangerous Persons Act; |
3 | | (8) is unfit to stand trial under the Juvenile Court |
4 | | Act of 1987; |
5 | | (9) is not guilty by reason of insanity under the |
6 | | Juvenile Court Act of 1987; |
7 | | (10) is subject to involuntary admission as an |
8 | | inpatient as defined in Section 1-119 of the Mental Health |
9 | | and Developmental Disabilities Code; |
10 | | (11) is subject to involuntary admission as an |
11 | | outpatient as defined in Section 1-119.1 of the Mental |
12 | | Health and Developmental Disabilities Code; |
13 | | (12) is subject to judicial admission as set forth in |
14 | | Section 4-500 of the Mental Health and Developmental |
15 | | Disabilities Code; or |
16 | | (13) is subject to the provisions of the Interstate |
17 | | Agreements on Sexually Dangerous Persons Act. |
18 | | "Clear and present danger" means a person who: |
19 | | (1) communicates a serious threat of physical violence |
20 | | against a reasonably identifiable victim or poses a clear |
21 | | and imminent risk of serious physical injury to himself, |
22 | | herself, or another person as determined by a physician, |
23 | | clinical psychologist, or qualified examiner; or |
24 | | (2) demonstrates threatening physical or verbal |
25 | | behavior, such as violent, suicidal, or assaultive |
26 | | threats, actions, or other behavior, as determined by a |
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1 | | physician, clinical psychologist, qualified examiner, |
2 | | school administrator, or law enforcement official. |
3 | | "Clinical psychologist" has the meaning provided in |
4 | | Section 1-103 of the Mental Health and Developmental |
5 | | Disabilities Code. |
6 | | "Controlled substance" means a controlled substance or |
7 | | controlled substance analog as defined in the Illinois |
8 | | Controlled Substances Act. |
9 | | "Counterfeit" means to copy or imitate, without legal |
10 | | authority, with
intent
to deceive. |
11 | | "Federally licensed firearm dealer" means a person who is |
12 | | licensed as a federal firearms dealer under Section 923 of the |
13 | | federal Gun Control Act of 1968 (18 U.S.C. 923).
|
14 | | "Firearm" means any device, by
whatever name known, which |
15 | | is designed to expel a projectile or projectiles
by the action |
16 | | of an explosion, expansion of gas or escape of gas; excluding,
|
17 | | however:
|
18 | | (1) any pneumatic gun, spring gun, paint ball gun, or |
19 | | B-B gun which
expels a single globular projectile not |
20 | | exceeding .18 inch in
diameter or which has a maximum |
21 | | muzzle velocity of less than 700 feet
per second;
|
22 | | (1.1) any pneumatic gun, spring gun, paint ball gun, |
23 | | or B-B gun which expels breakable paint balls containing |
24 | | washable marking colors; |
25 | | (2) any device used exclusively for signalling or |
26 | | safety and required or
recommended by the United States |
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1 | | Coast Guard or the Interstate Commerce
Commission;
|
2 | | (3) any device used exclusively for the firing of stud |
3 | | cartridges,
explosive rivets or similar industrial |
4 | | ammunition; and
|
5 | | (4) an antique firearm (other than a machine-gun) |
6 | | which, although
designed as a weapon, the Department of |
7 | | State Police finds by reason of
the date of its |
8 | | manufacture, value, design, and other characteristics is
|
9 | | primarily a collector's item and is not likely to be used |
10 | | as a weapon.
|
11 | | "Firearm ammunition" means any self-contained cartridge or |
12 | | shotgun
shell, by whatever name known, which is designed to be |
13 | | used or adaptable to
use in a firearm; excluding, however:
|
14 | | (1) any ammunition exclusively designed for use with a |
15 | | device used
exclusively for signalling or safety and |
16 | | required or recommended by the
United States Coast Guard |
17 | | or the Interstate Commerce Commission; and
|
18 | | (2) any ammunition designed exclusively for use with a |
19 | | stud or rivet
driver or other similar industrial |
20 | | ammunition. |
21 | | "Gun show" means an event or function: |
22 | | (1) at which the sale and transfer of firearms is the |
23 | | regular and normal course of business and where 50 or more |
24 | | firearms are displayed, offered, or exhibited for sale, |
25 | | transfer, or exchange; or |
26 | | (2) at which not less than 10 gun show vendors |
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1 | | display, offer, or exhibit for sale, sell, transfer, or |
2 | | exchange firearms.
|
3 | | "Gun show" includes the entire premises provided for an |
4 | | event or function, including parking areas for the event or |
5 | | function, that is sponsored to facilitate the purchase, sale, |
6 | | transfer, or exchange of firearms as described in this |
7 | | Section.
Nothing in this definition shall be construed to |
8 | | exclude a gun show held in conjunction with competitive |
9 | | shooting events at the World Shooting Complex sanctioned by a |
10 | | national governing body in which the sale or transfer of |
11 | | firearms is authorized under subparagraph (5) of paragraph (g) |
12 | | of subsection (A) of Section 24-3 of the Criminal Code of 2012. |
13 | | Unless otherwise expressly stated, "gun show" does not |
14 | | include training or safety classes, competitive shooting |
15 | | events, such as rifle, shotgun, or handgun matches, trap, |
16 | | skeet, or sporting clays shoots, dinners, banquets, raffles, |
17 | | or
any other event where the sale or transfer of firearms is |
18 | | not the primary course of business. |
19 | | "Gun show promoter" means a person who organizes or |
20 | | operates a gun show. |
21 | | "Gun show vendor" means a person who exhibits, sells, |
22 | | offers for sale, transfers, or exchanges any firearms at a gun |
23 | | show, regardless of whether the person arranges with a gun |
24 | | show promoter for a fixed location from which to exhibit, |
25 | | sell, offer for sale, transfer, or exchange any firearm. |
26 | | "Involuntarily admitted" has the meaning as prescribed in |
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1 | | Sections 1-119 and 1-119.1 of the Mental Health and |
2 | | Developmental Disabilities Code. |
3 | | "Mental health facility" means any licensed private |
4 | | hospital or hospital affiliate, institution, or facility, or |
5 | | part thereof, and any facility, or part thereof, operated by |
6 | | the State or a political subdivision thereof which provide |
7 | | treatment of persons with mental illness and includes all |
8 | | hospitals, institutions, clinics, evaluation facilities, |
9 | | mental health centers, colleges, universities, long-term care |
10 | | facilities, and nursing homes, or parts thereof, which provide |
11 | | treatment of persons with mental illness whether or not the |
12 | | primary purpose is to provide treatment of persons with mental |
13 | | illness. |
14 | | "National governing body" means a group of persons who |
15 | | adopt rules and formulate policy on behalf of a national |
16 | | firearm sporting organization. |
17 | | "Patient" means: |
18 | | (1) a person who is admitted as an inpatient or |
19 | | resident of a public or private mental health facility for |
20 | | mental health treatment under Chapter III of the Mental |
21 | | Health and Developmental Disabilities Code as an informal |
22 | | admission, a voluntary admission, a minor admission, an |
23 | | emergency admission, or an involuntary admission, unless |
24 | | the treatment was solely for an alcohol abuse disorder; or |
25 | | (2) a person who voluntarily or involuntarily receives |
26 | | mental health treatment as an out-patient or is otherwise |
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1 | | provided services by a public or private mental health |
2 | | facility, and who poses a clear and present danger to |
3 | | himself, herself, or to others. |
4 | | "Person with a developmental disability" means a person |
5 | | with a disability which is attributable to any other condition |
6 | | which results in impairment similar to that caused by an |
7 | | intellectual disability and which requires services similar to |
8 | | those required by persons with intellectual disabilities. The |
9 | | disability must originate before the age of 18
years, be |
10 | | expected to continue indefinitely, and constitute a |
11 | | substantial disability. This disability results, in the |
12 | | professional opinion of a physician, clinical psychologist, or |
13 | | qualified examiner, in significant functional limitations in 3 |
14 | | or more of the following areas of major life activity: |
15 | | (i) self-care; |
16 | | (ii) receptive and expressive language; |
17 | | (iii) learning; |
18 | | (iv) mobility; or |
19 | | (v) self-direction. |
20 | | "Person with an intellectual disability" means a person |
21 | | with a significantly subaverage general intellectual |
22 | | functioning which exists concurrently with impairment in |
23 | | adaptive behavior and which originates before the age of 18 |
24 | | years. |
25 | | "Physician" has the meaning as defined in Section 1-120 of |
26 | | the Mental Health and Developmental Disabilities Code. |
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1 | | "Protective order" means any orders of protection issued
|
2 | | under the Illinois Domestic Violence Act of 1986, stalking no |
3 | | contact orders issued under the Stalking No Contact Order Act,
|
4 | | civil no contact orders issued under the Civil No Contact
|
5 | | Order Act, and firearms restraining orders issued under the
|
6 | | Firearms Restraining Order Act. |
7 | | "Qualified examiner" has the meaning provided in Section |
8 | | 1-122 of the Mental Health and Developmental Disabilities |
9 | | Code. |
10 | | "Sanctioned competitive shooting event" means a shooting |
11 | | contest officially recognized by a national or state shooting |
12 | | sport association, and includes any sight-in or practice |
13 | | conducted in conjunction with the event.
|
14 | | "School administrator" means the person required to report |
15 | | under the School Administrator Reporting of Mental Health |
16 | | Clear and Present Danger Determinations Law. |
17 | | "Stun gun or taser" has the meaning ascribed to it in |
18 | | Section 24-1 of the Criminal Code of 2012. |
19 | | (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; |
20 | | 99-642, eff. 7-28-16; 100-906, eff. 1-1-19 .)
|
21 | | (430 ILCS 65/3) (from Ch. 38, par. 83-3) |
22 | | Sec. 3. Requirements for firearm transfers. |
23 | | (a) A Except as provided in Section 3a, no person shall not |
24 | | may knowingly
transfer, or cause to be transferred, any |
25 | | firearm, firearm ammunition, stun gun, or taser to any person |
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1 | | within this State unless the
transferee with whom he or she |
2 | | deals displays either: (1) a currently valid Firearm Owner's
|
3 | | Identification Card which has previously been issued in his or |
4 | | her name by the
Department of State Police under the |
5 | | provisions of this Act; or (2) a currently valid license to |
6 | | carry a concealed firearm which has previously been issued in |
7 | | his or her name by the
Department of State Police under the |
8 | | Firearm Concealed Carry Act. In addition,
all firearm, stun |
9 | | gun, and taser transfers by federally licensed firearm dealers |
10 | | are subject
to Section 3.1. |
11 | | (a-5) Beginning 90 days after the effective date of this |
12 | | amendatory Act of the 102nd General Assembly, notwithstanding |
13 | | item (2) of subsection (a) of this Section, any person who is |
14 | | not a federally licensed firearm dealer and who desires to |
15 | | transfer or sell a firearm or firearms to any person who is not |
16 | | a federally licensed firearm dealer shall do so only through a |
17 | | federally licensed firearms dealer as follows: |
18 | | (1) the seller or transferor shall give the firearm to |
19 | | the federally licensed firearms dealer, who shall retain |
20 | | possession of the firearm until every legal requirement |
21 | | for the sale or transfer has been met; |
22 | | (2) the federally licensed firearms dealer shall |
23 | | process the sale or other transfer in compliance with any |
24 | | federal, State, and local law, including a National |
25 | | Instant Criminal Background Check System background check |
26 | | on the buyer or transferee in accordance with 18 U.S.C. |
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1 | | 922(t) and Section 3.1; |
2 | | (A) if the transaction is not legally prohibited, |
3 | | the federally licensed firearm dealer may then |
4 | | complete transfer of the firearm to the buyer or |
5 | | transferee; |
6 | | (B) if the transaction is legally prohibited, the |
7 | | federally licensed firearm dealer shall conduct a |
8 | | National Instant Criminal Background Check System |
9 | | background check under paragraph (2) of this |
10 | | subsection (a-5) on the transferor or seller before |
11 | | returning the firearm; |
12 | | (C) if the federally licensed firearm dealer |
13 | | cannot return the firearm to either party, the dealer |
14 | | shall notify a local law enforcement agency within 24 |
15 | | hours to take possession of the firearm; |
16 | | (D) if there is a delay in completing a background |
17 | | check, the federally licensed firearms dealer shall |
18 | | maintain possession of the firearm until the |
19 | | background check is completed; |
20 | | (3) the federally licensed firearms dealer shall |
21 | | ensure that all required documentation of the sale or |
22 | | transfer are maintained in accordance with federal, State, |
23 | | and local law, including, but not limited to, the |
24 | | completion of the Bureau of Alcohol, Tobacco, Firearms, |
25 | | and Explosives Firearm Transaction Record Form 4473 which |
26 | | shall be open to inspection in accordance with the Firearm |
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1 | | Dealer License Certification Act; |
2 | | (4) the federally licensed firearms dealer may charge |
3 | | a fee not to exceed $10 to perform the sale or transfer |
4 | | under this Section; and |
5 | | (5) no transfer of a firearm shall occur until an |
6 | | approval is issued by the Illinois State Police and the |
7 | | required waiting period established by Section 24-3 of the |
8 | | Criminal Code of 2012 has expired. |
9 | | This subsection shall not apply to sales or transfers by |
10 | | a: |
11 | | (A) law enforcement, corrections, or active duty |
12 | | military officer acting within the course of his or her |
13 | | employment or official duties; |
14 | | (B) person acting under operation of law or court |
15 | | order; |
16 | | (C) gunsmith who receives the firearm solely for the |
17 | | purpose of service or repair; |
18 | | (D) person acting on behalf of a common carrier or |
19 | | other business for purposes of transportation or storage |
20 | | in the ordinary course of his or her business; |
21 | | (E) person who is loaned a firearm while on the |
22 | | premises of a licensed shooting range for the sole purpose |
23 | | of shooting at targets, if the firearm is kept within the |
24 | | premises of the shooting range; |
25 | | (F) minor who is loaned a firearm for lawful hunting |
26 | | or sporting purposes while under the direct supervision of |
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1 | | an adult; |
2 | | (G) person who acquires a firearm upon the death of |
3 | | another person from a will, bequest, inheritance, or as a |
4 | | bona fide gift from an immediate family member, as long as |
5 | | he or she notifies the Illinois State Police under Section |
6 | | 3.1 within 60 days, at which time the Illinois State |
7 | | Police shall conduct a National Instant Criminal |
8 | | Background Check System background check on the person. In |
9 | | this paragraph, "immediate family member" means a spouse, |
10 | | domestic partner, children, step-children, parents, or |
11 | | step-parents; |
12 | | (H) person who transfers a firearm to a law |
13 | | enforcement agency; or |
14 | | (I) person who is loaned a firearm for lawful hunting |
15 | | or sporting purposes while in the presence of the lawful |
16 | | owner of the firearm. |
17 | | Any person who is not a federally licensed firearm dealer and |
18 | | who desires to transfer or sell a firearm while that |
19 | | person is on the grounds of a gun show must, before selling |
20 | | or transferring the firearm, request the Department of |
21 | | State Police to conduct a background check on the |
22 | | prospective recipient of the firearm in accordance with |
23 | | Section 3.1. |
24 | | (a-10) The Illinois State Police shall publish, on its |
25 | | website, information for holders of Firearm Owner's |
26 | | Identification Cards that includes the changes included in |
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1 | | this amendatory Act of the 102nd General Assembly. Any Firearm |
2 | | Owner's Identification Card issued or renewed beginning 180 |
3 | | days after the effective date of this amendatory Act of the |
4 | | 102nd General Assembly shall include a statement indicating |
5 | | the changes pertinent in this amendatory Act of the 102nd |
6 | | General Assembly for Firearm Owner's Identification Card |
7 | | holders. Notwithstanding item (2) of subsection (a) of this |
8 | | Section, any person who is not a federally licensed firearm |
9 | | dealer and who desires to transfer or sell a firearm or |
10 | | firearms to any person who is not a federally licensed firearm |
11 | | dealer shall, before selling or transferring the firearms, |
12 | | contact the Department of State Police with the transferee's |
13 | | or purchaser's Firearm Owner's Identification Card number to |
14 | | determine the validity of the transferee's or purchaser's |
15 | | Firearm Owner's Identification Card. This subsection shall not |
16 | | be effective until January 1, 2014. The Department of State |
17 | | Police may adopt rules concerning the implementation of this |
18 | | subsection. The Department of State Police shall provide the |
19 | | seller or transferor an approval number if the purchaser's |
20 | | Firearm Owner's Identification Card is valid. Approvals issued |
21 | | by the Department for the purchase of a firearm pursuant to |
22 | | this subsection are valid for 30 days from the date of issue. |
23 | | (a-15) (Blank). The provisions of subsection (a-10) of |
24 | | this Section do not apply to: |
25 | | (1) transfers that occur at the place of business of a |
26 | | federally licensed firearm dealer, if the federally |
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1 | | licensed firearm dealer conducts a background check on the |
2 | | prospective recipient of the firearm in accordance with |
3 | | Section 3.1 of this Act and follows all other applicable |
4 | | federal, State, and local laws as if he or she were the |
5 | | seller or transferor of the firearm, although the dealer |
6 | | is not required to accept the firearm into his or her |
7 | | inventory. The purchaser or transferee may be required by |
8 | | the federally licensed firearm dealer to pay a fee not to |
9 | | exceed $10 per firearm, which the dealer may retain as |
10 | | compensation for performing the functions required under |
11 | | this paragraph, plus the applicable fees authorized by |
12 | | Section 3.1; |
13 | | (2) transfers as a bona fide gift to the transferor's |
14 | | husband, wife, son, daughter, stepson, stepdaughter, |
15 | | father, mother, stepfather, stepmother, brother, sister, |
16 | | nephew, niece, uncle, aunt, grandfather, grandmother, |
17 | | grandson, granddaughter, father-in-law, mother-in-law, |
18 | | son-in-law, or daughter-in-law; |
19 | | (3) transfers by persons acting pursuant to operation |
20 | | of law or a court order; |
21 | | (4) transfers on the grounds of a gun show under |
22 | | subsection (a-5) of this Section; |
23 | | (5) the delivery of a firearm by its owner to a |
24 | | gunsmith for service or repair, the return of the firearm |
25 | | to its owner by the gunsmith, or the delivery of a firearm |
26 | | by a gunsmith to a federally licensed firearms dealer for |
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1 | | service or repair and the return of the firearm to the |
2 | | gunsmith; |
3 | | (6) temporary transfers that occur while in the home |
4 | | of the unlicensed transferee, if the unlicensed transferee |
5 | | is not otherwise prohibited from possessing firearms and |
6 | | the unlicensed transferee reasonably believes that |
7 | | possession of the firearm is necessary to prevent imminent |
8 | | death or great bodily harm to the unlicensed transferee; |
9 | | (7) transfers to a law enforcement or corrections |
10 | | agency or a law enforcement or corrections officer acting |
11 | | within the course and scope of his or her official duties; |
12 | | (8) transfers of firearms that have been rendered |
13 | | permanently inoperable to a nonprofit historical society, |
14 | | museum, or institutional collection; and |
15 | | (9) transfers to a person who is exempt from the |
16 | | requirement of possessing a Firearm Owner's Identification |
17 | | Card under Section 2 of this Act. |
18 | | (a-20) (Blank). The Department of State Police shall |
19 | | develop an Internet-based system for individuals to determine |
20 | | the validity of a Firearm Owner's Identification Card prior to |
21 | | the sale or transfer of a firearm. The Department shall have |
22 | | the Internet-based system completed and available for use by |
23 | | July 1, 2015. The Department shall adopt rules not |
24 | | inconsistent with this Section to implement this system. |
25 | | (b) Any resident may purchase ammunition from a person |
26 | | within or outside of this State if shipment is by United States |
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1 | | mail or by a private express carrier authorized by federal law |
2 | | to ship ammunition. Any resident purchasing ammunition within |
3 | | or outside the State must provide the seller with a copy of his |
4 | | or her valid Firearm Owner's Identification Card or valid |
5 | | concealed carry license and either his or her Illinois |
6 | | driver's license or Illinois Identification Card prior to the |
7 | | shipment of the ammunition. The ammunition may be shipped only |
8 | | to an address on either of those 2 documents. |
9 | | (b-1) Any person within this State who before the |
10 | | provisions of subsection (a-5) become operative, transferred, |
11 | | or caused transfers or causes to be
transferred any firearm, |
12 | | stun gun, or taser shall keep a record of such transfer for a |
13 | | period
of 10 years from the date of transfer. Such record shall |
14 | | contain the date
of the transfer; the description, serial |
15 | | number or other information
identifying the firearm, stun gun, |
16 | | or taser if no serial number is available; and, if the
transfer |
17 | | was completed within this State, the transferee's Firearm |
18 | | Owner's
Identification Card number and any approval number or |
19 | | documentation provided by the Department of State Police |
20 | | pursuant to subsection (a-10) of this Section ; if the transfer |
21 | | was not completed within this State, the record shall contain |
22 | | the name and address of the transferee. The On or after January |
23 | | 1, 2006, the record shall contain the date of application for |
24 | | transfer of the firearm. On demand of a peace officer such |
25 | | transferor
shall produce for inspection such record of |
26 | | transfer. If the transfer or sale took place at a gun show, the |
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1 | | record shall include the unique identification number. Failure |
2 | | to record the unique identification number or approval number |
3 | | is a petty offense.
For transfers of a firearm, stun gun, or |
4 | | taser made on or after January 1, 2019 ( the effective date of |
5 | | Public Act 100-1178) and before the provisions of subsection |
6 | | (a-5) become operative this amendatory Act of the 100th |
7 | | General Assembly , failure by the private seller to maintain |
8 | | the transfer records in accordance with this Section is a |
9 | | Class A misdemeanor for the first offense and a Class 4 felony |
10 | | for a second or subsequent offense. A transferee shall not be |
11 | | criminally liable under this subsection (b-1) Section provided |
12 | | that he or she provides the Department of State Police with the |
13 | | transfer records in accordance with procedures established by |
14 | | the Department. The Department shall establish, by rule, a |
15 | | standard form on its website. |
16 | | (b-5) (Blank). Any resident may purchase ammunition from a |
17 | | person within or outside of Illinois if shipment is by United |
18 | | States mail or by a private express carrier authorized by |
19 | | federal law to ship ammunition. Any resident purchasing |
20 | | ammunition within or outside the State of Illinois must |
21 | | provide the seller with a copy of his or her valid Firearm |
22 | | Owner's Identification Card or valid concealed carry license |
23 | | and either his or her Illinois driver's license or Illinois |
24 | | State Identification Card prior to the shipment of the |
25 | | ammunition. The ammunition may be shipped only to an address |
26 | | on either of those 2 documents. |
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1 | | (c) The provisions of this Section regarding the transfer |
2 | | of firearm
ammunition shall not apply to those persons |
3 | | specified in paragraph (b) of
Section 2 of this Act. |
4 | | (Source: P.A. 99-29, eff. 7-10-15; 100-1178, eff. 1-18-19.)
|
5 | | (430 ILCS 65/3a) (from Ch. 38, par. 83-3a)
|
6 | | Sec. 3a. (a) Any resident of Illinois who has obtained a |
7 | | firearm
owner's identification card pursuant to this Act and |
8 | | who is not otherwise
prohibited from obtaining, possessing or |
9 | | using a firearm may purchase or
obtain a rifle or shotgun or |
10 | | ammunition for a rifle or shotgun in Iowa,
Missouri, Indiana, |
11 | | Wisconsin or Kentucky.
|
12 | | (b) Any resident of Iowa, Missouri, Indiana, Wisconsin or |
13 | | Kentucky
or a
non-resident with a valid non-resident hunting |
14 | | license, who
is 18 years of age or older and who is not |
15 | | prohibited by the laws of
Illinois, the state of his domicile, |
16 | | or the United States from obtaining,
possessing or using a |
17 | | firearm, may purchase or obtain a rifle,
shotgun or
ammunition |
18 | | for a rifle or shotgun in Illinois.
|
19 | | (b-5) Any non-resident who is participating in a |
20 | | sanctioned competitive
shooting
event, who is 18 years of age |
21 | | or older and who is not prohibited by the laws of
Illinois,
the |
22 | | state of his or her domicile, or the United States from |
23 | | obtaining,
possessing, or using
a firearm, may purchase or |
24 | | obtain a shotgun or shotgun ammunition in Illinois
for the
|
25 | | purpose of participating in that event. A person may purchase |
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1 | | or obtain a
shotgun or
shotgun ammunition under this |
2 | | subsection only at the site where the sanctioned
competitive |
3 | | shooting event is being held.
|
4 | | (b-10) Any non-resident registered competitor or attendee |
5 | | of a competitive shooting
event held at the World Shooting |
6 | | Complex sanctioned by a national governing
body, who is not |
7 | | prohibited by the laws of Illinois, the state of his or her
|
8 | | domicile, or the United States from obtaining, possessing, or |
9 | | using a firearm
may purchase or obtain a rifle, shotgun, or |
10 | | other long gun or ammunition for
a rifle, shotgun, or other |
11 | | long gun at the competitive shooting event. The
sanctioning |
12 | | body shall provide a list of registered competitors and |
13 | | attendees as required
under subparagraph (5) of paragraph (g) |
14 | | of subsection (A) of Section 24-3 of the Criminal Code of 2012. |
15 | | A competitor or attendee of a competitive shooting event who |
16 | | does not wish to
purchase a firearm at the event is not |
17 | | required to register or have his or her name
appear on a list |
18 | | of registered competitors and attendees provided to the |
19 | | Department of State
Police by the sanctioning body. |
20 | | (c) Any transaction under this Section is subject to the |
21 | | provisions of
Section 3 and the Gun Control Act of 1968 (18 |
22 | | U.S.C. 922 (b)(3)).
|
23 | | (Source: P.A. 99-29, eff. 7-10-15.)
|
24 | | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
|
25 | | Sec. 3.1. Firearm transfer inquiry program Dial up system . |
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1 | | (a) The Department of State Police shall provide
a dial up |
2 | | telephone system or utilize other existing technology which |
3 | | shall be used by any federally licensed
firearm dealer , gun |
4 | | show promoter, or gun show vendor who is to transfer a firearm, |
5 | | stun gun, or taser under the provisions of this
Act. The |
6 | | Department of State Police may utilize existing technology |
7 | | which
allows the caller to be charged a fee not to exceed $2. |
8 | | Fees collected by the Department of
State Police shall be |
9 | | deposited in the State Police Services Fund and used
to |
10 | | provide the service.
|
11 | | (b) Upon receiving a request from a federally licensed |
12 | | firearm dealer, gun show promoter, or gun show vendor , the
|
13 | | Department of State Police shall immediately approve, or |
14 | | within the time
period established by Section 24-3 of the |
15 | | Criminal Code of 2012 regarding
the delivery of firearms, stun |
16 | | guns, and tasers notify the inquiring dealer, gun show |
17 | | promoter, or gun show vendor of any objection that
would |
18 | | disqualify the transferee from acquiring or possessing a |
19 | | firearm, stun gun, or taser. In
conducting the inquiry, the |
20 | | Department of State Police shall initiate and
complete an |
21 | | automated search of its criminal history record information
|
22 | | files and those of the Federal Bureau of Investigation, |
23 | | including the
National Instant Criminal Background Check |
24 | | System, and of the files of
the Department of Human Services |
25 | | relating to mental health and
developmental disabilities to |
26 | | obtain
any prohibiting information felony conviction or |
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1 | | patient hospitalization information which would
disqualify a |
2 | | person from obtaining or require revocation of a currently
|
3 | | valid Firearm Owner's Identification Card. |
4 | | (b-5) The Illinois State Police shall by rule provide a
|
5 | | process for the automatic renewal of the Firearm Owner's |
6 | | Identification Card
of a person at the time of a inquiry in |
7 | | subsection (b).
Persons eligible for this process must have a |
8 | | set of
fingerprints on file with their application pursuant to
|
9 | | either subsection (a-25) of Section 4 or the Firearm Concealed |
10 | | Carry Act. |
11 | | (c) If receipt of a firearm would not violate Section 24-3 |
12 | | of the Criminal Code of 2012, federal law, or this Act the |
13 | | Department of State Police shall: |
14 | | (1) assign a unique identification number to the |
15 | | transfer; and |
16 | | (2) provide the licensee, gun show promoter, or gun |
17 | | show vendor with the number. |
18 | | (d) Approvals issued by the Department of State Police for |
19 | | the purchase of a firearm are valid for 30 days from the date |
20 | | of issue.
|
21 | | (e) (1) The Department of State Police must act as the |
22 | | Illinois Point of Contact
for the National Instant Criminal |
23 | | Background Check System. |
24 | | (2) The Department of State Police and the Department of |
25 | | Human Services shall, in accordance with State and federal law |
26 | | regarding confidentiality, enter into a memorandum of |
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1 | | understanding with the Federal Bureau of Investigation for the |
2 | | purpose of implementing the National Instant Criminal |
3 | | Background Check System in the State. The Department of State |
4 | | Police shall report the name, date of birth, and physical |
5 | | description of any person prohibited from possessing a firearm |
6 | | pursuant to the Firearm Owners Identification Card Act or 18 |
7 | | U.S.C. 922(g) and (n) to the National Instant Criminal |
8 | | Background Check System Index, Denied Persons Files.
|
9 | | (3) The Department of State Police shall provide notice of |
10 | | the disqualification of a person under subsection (b) of this |
11 | | Section or the revocation of a person's Firearm Owner's |
12 | | Identification Card under Section 8 or Section 8.2 of this |
13 | | Act, and the reason for the disqualification or revocation, to |
14 | | all law enforcement agencies with jurisdiction to assist with |
15 | | the seizure of the person's Firearm Owner's Identification |
16 | | Card. |
17 | | (f) The Department of State Police shall adopt rules not |
18 | | inconsistent with this Section to implement this
system.
|
19 | | (Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17 .)
|
20 | | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
|
21 | | Sec. 4. Application for Firearm Owner's Identification |
22 | | Cards. |
23 | | (a) Each applicant for a Firearm Owner's Identification |
24 | | Card must:
|
25 | | (1) Make application on blank forms prepared and |
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1 | | furnished at convenient
locations throughout the State by |
2 | | the Department of State Police, or by
electronic means, if |
3 | | and when made available by the Department of State
Police; |
4 | | and
|
5 | | (2) Submit evidence to the Department of State Police |
6 | | that:
|
7 | | (i) This subparagraph (i) applies through the |
8 | | 180th day following the effective date of this |
9 | | amendatory Act of the 101st General Assembly. He or |
10 | | she is 21 years of age or over, or if he or she is |
11 | | under 21
years of age that he or she has the written |
12 | | consent of his or her parent or
legal guardian to |
13 | | possess and acquire firearms and firearm ammunition |
14 | | and that
he or she has never been convicted of a |
15 | | misdemeanor other than a traffic
offense or adjudged
|
16 | | delinquent, provided, however, that such parent or |
17 | | legal guardian is not an
individual prohibited from |
18 | | having a Firearm Owner's Identification Card and
files |
19 | | an affidavit with the Department as prescribed by the |
20 | | Department
stating that he or she is not an individual |
21 | | prohibited from having a Card; |
22 | | (i-5) This subparagraph (i-5) applies on and after |
23 | | the 181st day following the effective date of this |
24 | | amendatory Act of the 101st General Assembly. He or |
25 | | she is 21 years of age or over, or if he or she is |
26 | | under 21
years of age that he or she has never been |
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1 | | convicted of a misdemeanor other than a traffic |
2 | | offense or adjudged delinquent and is an active duty |
3 | | member of the United States Armed Forces or has the |
4 | | written consent of his or her parent or
legal guardian |
5 | | to possess and acquire firearms and firearm |
6 | | ammunition, provided, however, that such parent or |
7 | | legal guardian is not an
individual prohibited from |
8 | | having a Firearm Owner's Identification Card and
files |
9 | | an affidavit with the Department as prescribed by the |
10 | | Department
stating that he or she is not an individual |
11 | | prohibited from having a Card or the active duty |
12 | | member of the United States Armed Forces under 21 |
13 | | years of age annually submits proof to the Department |
14 | | of State Police, in a manner prescribed by the |
15 | | Department;
|
16 | | (ii) He or she has not been convicted of a felony |
17 | | under the laws of
this or any other jurisdiction;
|
18 | | (iii) He or she is not addicted to narcotics;
|
19 | | (iv) He or she has not been a patient in a mental |
20 | | health facility within
the past 5 years or, if he or |
21 | | she has been a patient in a mental health facility more |
22 | | than 5 years ago submit the certification required |
23 | | under subsection (u) of Section 8 of this Act;
|
24 | | (v) He or she is not a person with an intellectual |
25 | | disability;
|
26 | | (vi) He or she is not an alien who is unlawfully |
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1 | | present in the
United States under the laws of the |
2 | | United States;
|
3 | | (vii) He or she is not subject to an existing order |
4 | | of protection
prohibiting him or her from possessing a |
5 | | firearm;
|
6 | | (viii) He or she has not been convicted within the |
7 | | past 5 years of
battery, assault, aggravated assault, |
8 | | violation of an order of
protection, or a |
9 | | substantially similar offense in another jurisdiction, |
10 | | in
which a firearm was used or possessed;
|
11 | | (ix) He or she has not been convicted of domestic |
12 | | battery, aggravated domestic battery, or a
|
13 | | substantially similar offense in another
jurisdiction |
14 | | committed before, on or after January 1, 2012 (the |
15 | | effective date of Public Act 97-158). If the applicant |
16 | | knowingly and intelligently waives the right to have |
17 | | an offense described in this clause (ix) tried by a |
18 | | jury, and by guilty plea or otherwise, results in a |
19 | | conviction for an offense in which a domestic |
20 | | relationship is not a required element of the offense |
21 | | but in which a determination of the applicability of |
22 | | 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of |
23 | | the Code of Criminal Procedure of 1963, an entry by the |
24 | | court of a judgment of conviction for that offense |
25 | | shall be grounds for denying the issuance of a Firearm |
26 | | Owner's Identification Card under this Section;
|
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1 | | (x) (Blank);
|
2 | | (xi) He or she is not an alien who has been |
3 | | admitted to the United
States under a non-immigrant |
4 | | visa (as that term is defined in Section
101(a)(26) of |
5 | | the Immigration and Nationality Act (8 U.S.C. |
6 | | 1101(a)(26))),
or that he or she is an alien who has |
7 | | been lawfully admitted to the United
States under a |
8 | | non-immigrant visa if that alien is:
|
9 | | (1) admitted to the United States for lawful |
10 | | hunting or sporting
purposes;
|
11 | | (2) an official representative of a foreign |
12 | | government who is:
|
13 | | (A) accredited to the United States |
14 | | Government or the Government's
mission to an |
15 | | international organization having its |
16 | | headquarters in the United
States; or
|
17 | | (B) en route to or from another country to |
18 | | which that alien is
accredited;
|
19 | | (3) an official of a foreign government or |
20 | | distinguished foreign
visitor who has been so |
21 | | designated by the Department of State;
|
22 | | (4) a foreign law enforcement officer of a |
23 | | friendly foreign
government entering the United |
24 | | States on official business; or
|
25 | | (5) one who has received a waiver from the |
26 | | Attorney General of the
United States pursuant to |
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1 | | 18 U.S.C. 922(y)(3);
|
2 | | (xii) He or she is not a minor subject to a |
3 | | petition filed
under Section 5-520 of the Juvenile |
4 | | Court Act of 1987 alleging that the
minor is a |
5 | | delinquent minor for the commission of an offense that |
6 | | if
committed by an adult would be a felony;
|
7 | | (xiii) He or she is not an adult who had been |
8 | | adjudicated a delinquent
minor under the Juvenile |
9 | | Court Act of 1987 for the commission of an offense
that |
10 | | if committed by an adult would be a felony;
|
11 | | (xiv) He or she is a resident of the State of |
12 | | Illinois; |
13 | | (xv) He or she has not been adjudicated as a person |
14 | | with a mental disability; |
15 | | (xvi) He or she has not been involuntarily |
16 | | admitted into a mental health facility; and |
17 | | (xvii) He or she is not a person with a |
18 | | developmental disability; and |
19 | | (3) Upon request by the Department of State Police, |
20 | | sign a release on a
form prescribed by the Department of |
21 | | State Police waiving any right to
confidentiality and |
22 | | requesting the disclosure to the Department of State |
23 | | Police
of limited mental health institution admission |
24 | | information from another state,
the District of Columbia, |
25 | | any other territory of the United States, or a
foreign |
26 | | nation concerning the applicant for the sole purpose of |
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1 | | determining
whether the applicant is or was a patient in a |
2 | | mental health institution and
disqualified because of that |
3 | | status from receiving a Firearm Owner's
Identification |
4 | | Card. No mental health care or treatment records may be
|
5 | | requested. The information received shall be destroyed |
6 | | within one year of
receipt.
|
7 | | (a-5) Each applicant for a Firearm Owner's Identification |
8 | | Card who is over
the age of 18 shall furnish to the Department |
9 | | of State Police either his or
her Illinois driver's license |
10 | | number or Illinois Identification Card number, except as
|
11 | | provided in subsection (a-10).
|
12 | | (a-10) Each applicant for a Firearm Owner's Identification |
13 | | Card,
who is employed as a law enforcement officer, an armed |
14 | | security officer in Illinois, or by the United States Military
|
15 | | permanently assigned in Illinois and who is not an Illinois |
16 | | resident, shall furnish to
the Department of State Police his |
17 | | or her driver's license number or state
identification card |
18 | | number from his or her state of residence. The Department
of |
19 | | State Police may adopt rules to enforce the provisions of this
|
20 | | subsection (a-10).
|
21 | | (a-15) If an applicant applying for a Firearm Owner's |
22 | | Identification Card moves from the residence address named in |
23 | | the application, he or she shall immediately notify in a form |
24 | | and manner prescribed by the Department of State Police of |
25 | | that change of address. |
26 | | (a-20) Each applicant for a Firearm Owner's Identification |
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1 | | Card shall furnish to the Department of State Police his or her |
2 | | photograph. An applicant who is 21 years of age or older |
3 | | seeking a religious exemption to the photograph requirement |
4 | | must furnish with the application an approved copy of United |
5 | | States Department of the Treasury Internal Revenue Service |
6 | | Form 4029. In lieu of a photograph, an applicant regardless of |
7 | | age seeking a religious exemption to the photograph |
8 | | requirement shall submit fingerprints on a form and manner |
9 | | prescribed by the Department with his or her application. |
10 | | (a-25) Beginning 180 days after the effective date of this |
11 | | amendatory Act of the 102nd General Assembly, each applicant |
12 | | for the issuance or renewal of a Firearm Owner's |
13 | | Identification Card shall include a full set of his or her |
14 | | fingerprints in electronic format to the Illinois State |
15 | | Police, unless the applicant has previously provided a full |
16 | | set of his or her fingerprints to the Illinois State Police |
17 | | under this Act or the Firearm Concealed Carry Act. |
18 | | (1) The fingerprints must be transmitted through a |
19 | | live scan fingerprint vendor licensed by the Department of |
20 | | Financial and Professional Regulation. These fingerprints |
21 | | shall be checked against the fingerprint records now and |
22 | | hereafter filed in the Illinois State Police and Federal |
23 | | Bureau of Investigation criminal history records |
24 | | databases, including all available state and local |
25 | | criminal history record information files. A live scan |
26 | | fingerprint vendor may not charge more than $30 per set of |
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1 | | fingerprints reviewed under this Section. |
2 | | (2) The Illinois State Police shall charge applicants |
3 | | a one-time fee for conducting the criminal history record |
4 | | check, which shall be deposited in the State Police |
5 | | Services Fund and shall not exceed the actual cost of the |
6 | | State and national criminal history record check. |
7 | | (a-30) The Illinois State Police shall deny the |
8 | | application of any person who fails to submit evidence |
9 | | required by this Section. |
10 | | (b) Each application form shall include the following |
11 | | statement printed in
bold type: "Warning: Entering false |
12 | | information on an application for a Firearm
Owner's |
13 | | Identification Card is punishable as a Class 2 felony in |
14 | | accordance
with subsection (d-5) of Section 14 of the Firearm |
15 | | Owners Identification Card
Act.
|
16 | | (c) Upon such written consent, pursuant to Section 4, |
17 | | paragraph (a)(2)(i),
the parent or legal guardian giving the |
18 | | consent shall be liable for any
damages resulting from the |
19 | | applicant's use of firearms or firearm ammunition.
|
20 | | (Source: P.A. 101-80, eff. 7-12-19.)
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21 | | (430 ILCS 65/5) (from Ch. 38, par. 83-5)
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22 | | Sec. 5. Application and renewal. |
23 | | (a) The Department of State Police shall either approve or
|
24 | | deny all complete applications within 30 days from the date |
25 | | they are received,
except as provided in subsections (b) and |
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1 | | (c) subsection (b) of this Section, and every applicant found |
2 | | qualified under Section 8 of this Act by
the Department shall |
3 | | be entitled to a Firearm Owner's Identification
Card upon the |
4 | | payment of a $20 $10 fee , and applicable processing fees . Any |
5 | | applicant who is an active duty member of the Armed Forces of |
6 | | the United States, a member of the Illinois National Guard, or |
7 | | a member of the Reserve Forces of the United States is exempt |
8 | | from the application fee. $10 of each fee derived from the |
9 | | issuance of Firearm Owner's Identification Cards, or renewals |
10 | | thereof, shall be deposited in the State Police Firearm |
11 | | Services Fund; and $10 of the fee shall be deposited in the |
12 | | State Police Revocation Enforcement Fund $6 of each fee |
13 | | derived from the
issuance of Firearm Owner's Identification |
14 | | Cards, or renewals thereof,
shall be deposited in the Wildlife |
15 | | and Fish Fund in the State Treasury;
$1 of the fee shall be |
16 | | deposited in the State Police Services Fund and $3 of the fee |
17 | | shall be deposited in the
State Police Firearm Services Fund . |
18 | | (b) Complete renewal Renewal applications shall be |
19 | | approved or denied within 60 business days, provided the |
20 | | applicant submitted his or her renewal application prior to |
21 | | the expiration of his or her Firearm Owner's Identification |
22 | | Card. If a renewal application has been submitted prior to the |
23 | | expiration date of the applicant's Firearm Owner's |
24 | | Identification Card, the Firearm Owner's Identification Card |
25 | | shall remain valid while the Department processes the |
26 | | application, unless the person is subject to or becomes |
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1 | | subject to revocation under this Act. The cost for a renewal |
2 | | application shall be $20 and applicable processing fees, of |
3 | | $10 which $10 shall be deposited into the State Police Firearm |
4 | | Services Fund ; and $10 shall be deposited into the State |
5 | | Police Revocation Enforcement Fund . |
6 | | (c) If the Firearm Owner's Identification Card of a
|
7 | | licensee under the Firearm Concealed Carry Act expires during
|
8 | | the term of the licensee's concealed carry license, the
|
9 | | Firearm Owner's Identification Card and the license remain
|
10 | | valid and the licensee does not have to renew his or her
|
11 | | Firearm Owner's Identification Card during the duration of the
|
12 | | concealed carry license. Unless the Illinois State Police has
|
13 | | reason to believe the licensee is no longer eligible for the
|
14 | | card, the Illinois State Police may automatically renew the
|
15 | | licensee's Firearm Owner's Identification Card and send a
|
16 | | renewed Firearm Owner's Identification Card to the licensee.
|
17 | | (d) In this Section, "complete application" and "complete |
18 | | renewal application" means the applicant has submitted the |
19 | | evidence required by Section 4. |
20 | | (Source: P.A. 100-906, eff. 1-1-19 .)
|
21 | | (430 ILCS 65/6) (from Ch. 38, par. 83-6)
|
22 | | Sec. 6. Contents of Firearm Owner's Identification Card.
|
23 | | (a) A Firearm Owner's Identification Card, issued by the |
24 | | Department of
State Police at such places as the Director of |
25 | | the
Department shall
specify, shall contain the applicant's |
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1 | | name, residence, date of birth, sex,
physical description, |
2 | | recent photograph, except as provided in subsection (c-5), and |
3 | | signature. Each Firearm Owner's
Identification Card must have |
4 | | the Firearm Owner's Identification Card number expiration date |
5 | | boldly and conspicuously
displayed on the face of the card. |
6 | | Each Firearm Owner's
Identification Card must have printed on |
7 | | it the following: "CAUTION - This
card does not permit bearer |
8 | | to UNLAWFULLY carry or use firearms."
Before December 1, 2002,
|
9 | | the Department may use a person's digital photograph and |
10 | | signature from his or
her
Illinois driver's license or |
11 | | Illinois Identification Card, if available. On
and after |
12 | | December 1, 2002,
the Department shall use a person's digital |
13 | | photograph and signature from his
or her
Illinois driver's |
14 | | license or Illinois Identification Card, if available. The
|
15 | | Department shall decline to use a person's digital photograph |
16 | | or signature if
the digital photograph or signature is the |
17 | | result of or associated with
fraudulent or erroneous data, |
18 | | unless otherwise provided by law.
|
19 | | (b) A person applying for a Firearm Owner's Identification |
20 | | Card shall
consent
to the Department of State Police using the |
21 | | applicant's digital driver's
license
or Illinois |
22 | | Identification Card photograph, if available, and signature on |
23 | | the
applicant's
Firearm Owner's Identification Card. The |
24 | | Secretary
of State shall allow the Department of State Police |
25 | | access to the photograph
and signature for the purpose of |
26 | | identifying the applicant and issuing to the
applicant a
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1 | | Firearm Owner's Identification Card.
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2 | | (c) The Secretary of State shall conduct a study to |
3 | | determine the cost
and
feasibility of creating a method of |
4 | | adding an identifiable code, background, or
other means on the |
5 | | driver's license or Illinois Identification Card to show
that
|
6 | | an individual is not disqualified from owning or possessing a |
7 | | firearm under
State or federal law. The Secretary shall report |
8 | | the findings of this study
12 months after the effective date |
9 | | of this amendatory Act of the 92nd General
Assembly.
|
10 | | (c-5) If a person qualifies for a photograph exemption, in |
11 | | lieu of a photograph, the Firearm Owner's Identification Card |
12 | | shall contain a copy of the card holder's fingerprints. Each |
13 | | Firearm Owner's Identification Card described in this |
14 | | subsection (c-5) must have printed on it the following: "This |
15 | | card is only valid for firearm purchases through a federally |
16 | | licensed firearms dealer when presented with photographic |
17 | | identification, as prescribed by 18 U.S.C. 922(t)(1)(C)." |
18 | | (Source: P.A. 97-1131, eff. 1-1-13.)
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19 | | (430 ILCS 65/6.2 new) |
20 | | Sec. 6.2. Electronic Firearm Owner's Identification Cards.
|
21 | | The Illinois State Police may develop a system under which the
|
22 | | holder of a Firearm Owner's Identification Card may display an
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23 | | electronic version of his or her Firearm Owner's
|
24 | | Identification Card on a mobile telephone or other portable
|
25 | | electronic device. An electronic version of a Firearm Owner's
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1 | | Identification Card shall contain security features the
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2 | | Illinois State Police determines to be necessary to ensure
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3 | | that the electronic version is accurate and current and shall
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4 | | satisfy other requirements the Illinois State Police |
5 | | determines to be necessary regarding form and content. The
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6 | | display or possession of an electronic version of a valid
|
7 | | Firearm Owner's Identification Card in accordance with the
|
8 | | requirements of the Illinois State Police satisfies all
|
9 | | requirements for the display or possession of a valid Firearm
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10 | | Owner's Identification Card under the laws of this State. The
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11 | | possession or display of an electronic Firearm Owner's
|
12 | | Identification Card on a mobile telephone or other portable
|
13 | | electronic device does not constitute consent for a law
|
14 | | enforcement officer, court, or other officer of the court to
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15 | | access other contents of the mobile telephone or other
|
16 | | portable electronic device. The Illinois State Police may
|
17 | | adopt rules to implement this Section.
|
18 | | (430 ILCS 65/7) (from Ch. 38, par. 83-7)
|
19 | | Sec. 7. Validity of Firearm Owner's Identification Card. |
20 | | (a) Except as provided in Section 8 of this Act or |
21 | | elsewhere in subsection (b) of this Section, a Firearm Owner's
|
22 | | Identification Card issued under the provisions of this Act |
23 | | shall be valid
for the person to whom it is issued for a period |
24 | | of 5 10 years from the date
of issuance. Unless the person no
|
25 | | longer meets the requirements or becomes subject to suspension
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1 | | or revocation under this Act, a card issued pursuant to an
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2 | | application made as provided in subsection (a-25) of Section 4
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3 | | shall remain valid if the person meets the requirements of
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4 | | subsection (b-5) of Section 3.1. Any person whose card was |
5 | | previously issued for a period of 10 years shall retain the |
6 | | 10-year issuance period until the next date of renewal, at |
7 | | which point the card shall be renewed for 5 years. |
8 | | (b) If a renewal application is submitted to the |
9 | | Department before the expiration date of the applicant's |
10 | | current Firearm Owner's Identification Card, the Firearm |
11 | | Owner's Identification Card shall remain valid for a period of |
12 | | 60 business days , unless the person is subject to or becomes |
13 | | subject to revocation under this Act. Unless the person no
|
14 | | longer meets the requirements or becomes subject to suspension
|
15 | | or revocation under this Act, a card issued pursuant to a
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16 | | renewal application made as provided in subsection (a-25) of
|
17 | | Section 4 shall remain valid if the person meets the
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18 | | implementation requirements of Section 3.1. |
19 | | (c) If the Firearm Owner's Identification Card of a
|
20 | | licensee under the Firearm Concealed Carry Act expires during
|
21 | | the term of the licensee's concealed carry license, the
|
22 | | Firearm Owner's Identification Card and the license remain
|
23 | | valid during the validity of the concealed carry license and
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24 | | the licensee does not have to renew his or her Firearm Owner's
|
25 | | Identification Card, if the Firearm Owner's Identification
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26 | | Card has not been otherwise renewed as provided in this Act.
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1 | | Unless the Illinois State Police has reason to believe the
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2 | | licensee is no longer eligible for the card, the Illinois
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3 | | State Police may automatically renew the licensee's Firearm
|
4 | | Owner's Identification Card and send a renewed Firearm Owner's
|
5 | | Identification Card to the licensee.
|
6 | | (Source: P.A. 100-906, eff. 1-1-19 .)
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7 | | (430 ILCS 65/7.5 new) |
8 | | Sec. 7.5. Email notifications. A person subject to this |
9 | | Act may notify the Illinois State Police upon application or |
10 | | at any time thereafter that he or she would like to receive |
11 | | correspondence from the Illinois State Police via email rather |
12 | | than by mail.
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13 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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14 | | Sec. 8. Grounds for denial and revocation. The Department |
15 | | of State Police has authority to deny an
application for or to |
16 | | revoke and seize a Firearm Owner's Identification
Card |
17 | | previously issued under this Act only if the Department finds |
18 | | that the
applicant or the person to whom such card was issued |
19 | | is or was at the time
of issuance:
|
20 | | (a) A person under 21 years of age who has been |
21 | | convicted of a
misdemeanor other than a traffic offense or |
22 | | adjudged delinquent;
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23 | | (b) This subsection (b) applies through the 180th day |
24 | | following the effective date of this amendatory Act of the |
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1 | | 101st General Assembly. A person under 21 years of age who |
2 | | does not have the written consent
of his parent or |
3 | | guardian to acquire and possess firearms and firearm
|
4 | | ammunition, or whose parent or guardian has revoked such |
5 | | written consent,
or where such parent or guardian does not |
6 | | qualify to have a Firearm Owner's
Identification Card; |
7 | | (b-5) This subsection (b-5) applies on and after the |
8 | | 181st day following the effective date of this amendatory |
9 | | Act of the 101st General Assembly. A person under 21 years |
10 | | of age who is not an active duty member of the United |
11 | | States Armed Forces and does not have the written consent
|
12 | | of his or her parent or guardian to acquire and possess |
13 | | firearms and firearm
ammunition, or whose parent or |
14 | | guardian has revoked such written consent,
or where such |
15 | | parent or guardian does not qualify to have a Firearm |
16 | | 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 |
5 | | the treating clinical psychologist or physician, and the |
6 | | officer seeks mental health treatment;
|
7 | | (f) A person whose mental condition is of such a |
8 | | nature that it poses
a clear and present danger to the |
9 | | applicant, 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 |
21 | | if 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
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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 |
10 | | friendly foreign government
entering the United States |
11 | | on official business; or
|
12 | | (5) one who has received a waiver from the |
13 | | Attorney General of the United
States pursuant to 18 |
14 | | U.S.C. 922(y)(3);
|
15 | | (j) (Blank);
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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 |
2 | | right to have an offense described in this paragraph (l) |
3 | | tried by a jury, and by guilty plea or otherwise, results |
4 | | in a conviction for an offense in which a domestic |
5 | | relationship is not a required element of the offense but |
6 | | in which a determination of the applicability of 18 U.S.C. |
7 | | 922(g)(9) is made under Section 112A-11.1 of the Code of |
8 | | Criminal Procedure of 1963, an entry by the court of a |
9 | | judgment of conviction for that offense shall be grounds |
10 | | for denying an application for and for revoking and |
11 | | seizing a Firearm Owner's Identification Card previously |
12 | | issued to the person under this Act;
|
13 | | (m) (Blank);
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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;
|
17 | | (o) A minor subject to a petition filed under Section |
18 | | 5-520 of the
Juvenile Court Act of 1987 alleging that the |
19 | | minor is a delinquent minor for
the commission of an |
20 | | offense that if committed by an adult would be a felony;
|
21 | | (p) An adult who had been adjudicated a delinquent |
22 | | minor under the Juvenile
Court Act of 1987 for the |
23 | | commission of an offense that if committed by an
adult |
24 | | would be a felony;
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25 | | (q) A person who is not a resident of the State of |
26 | | Illinois, except as provided in subsection (a-10) of |
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1 | | Section 4; |
2 | | (r) A person who has been adjudicated as a person with |
3 | | a mental disability; |
4 | | (s) A person who has been found to have a |
5 | | developmental disability; |
6 | | (t) A person involuntarily admitted into a mental |
7 | | health facility; or |
8 | | (u) A person who has had his or her Firearm Owner's |
9 | | Identification Card revoked or denied under subsection (e) |
10 | | of this Section or item (iv) of paragraph (2) of |
11 | | subsection (a) of Section 4 of this Act because he or she |
12 | | was a patient in a mental health facility as provided in |
13 | | subsection (e) of this Section, shall not be permitted to |
14 | | obtain a Firearm Owner's Identification Card, after the |
15 | | 5-year period has lapsed, unless he or she has received a |
16 | | mental health evaluation by a physician, clinical |
17 | | psychologist, or qualified examiner as those terms are |
18 | | defined in the Mental Health and Developmental |
19 | | Disabilities Code, and has received a certification that |
20 | | he or she is not a clear and present danger to himself, |
21 | | herself, or others. The physician, clinical psychologist, |
22 | | or qualified examiner making the certification and his or |
23 | | her employer shall not be held criminally, civilly, or |
24 | | professionally liable for making or not making the |
25 | | certification required under this subsection, except for |
26 | | willful or wanton misconduct. This subsection does not |
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1 | | apply to a person whose firearm possession rights have |
2 | | been restored through administrative or judicial action |
3 | | under Section 10 or 11 of this Act ; or . |
4 | | (v) A person who has failed to submit the evidence |
5 | | required by Section 4. |
6 | | Upon revocation of a person's Firearm Owner's |
7 | | Identification Card, the Department of State Police shall |
8 | | provide notice to the person within 7 business days and the |
9 | | person shall comply with Section 9.5 of this Act. |
10 | | (Source: P.A. 101-80, eff. 7-12-19.)
|
11 | | (430 ILCS 65/8.2) |
12 | | Sec. 8.2. Firearm Owner's Identification Card denial , |
13 | | suspension, or revocation. The Department of State Police |
14 | | shall deny an application or shall suspend or revoke and seize |
15 | | a Firearm Owner's Identification Card previously issued under |
16 | | this Act if the Department finds that the applicant or person |
17 | | to whom such card was issued is or was at the time of issuance |
18 | | subject to a protective order an existing order of protection , |
19 | | or firearms restraining order , stalking no contact order, or |
20 | | civil no contact order. When the duration of the protective |
21 | | order is expected to be less than one year, the Illinois State |
22 | | Police shall suspend the Firearm Owner's Identification Card |
23 | | pursuant to Section 8.3 of this Act and shall reinstate it upon |
24 | | conclusion of the suspension if no other grounds for denial or |
25 | | revocation are found pursuant to Section 8 .
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1 | | (Source: P.A. 100-607, eff. 1-1-19 .)
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2 | | (430 ILCS 65/8.3) |
3 | | Sec. 8.3. Suspension of Firearm Owner's Identification |
4 | | Card. The Department of State Police may suspend , by rule in a |
5 | | manner consistent with the Department's rules concerning |
6 | | revocation, provide for the suspension of the Firearm Owner's |
7 | | Identification Card of a person whose Firearm Owner's |
8 | | Identification Card is subject to revocation and seizure under |
9 | | this Act for the duration of the disqualification if the |
10 | | disqualification is not a permanent grounds for revocation of |
11 | | a Firearm Owner's Identification Card under this Act. The |
12 | | Illinois State Police may adopt rules necessary to implement |
13 | | this Section.
|
14 | | (Source: P.A. 100-607, eff. 1-1-19; 100-906, eff. 1-1-19 .)
|
15 | | (430 ILCS 65/8.4 new) |
16 | | Sec. 8.4. Cancellation of Firearm Owner's Identification |
17 | | Card. The Illinois State Police may cancel a Firearm Owner's |
18 | | Identification Card if a person is not prohibited by State or |
19 | | federal law from acquiring or possessing a firearm or firearm |
20 | | ammunition and the sole purpose is for an administrative |
21 | | reason. This includes, but is not limited to, at the request of |
22 | | the Firearm Owner's Identification Card holder, a person who |
23 | | surrenders his or her Illinois driver's license or Illinois |
24 | | Identification Card to another jurisdiction, or a person's |
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1 | | Firearm Owner's Identification Card is reported as lost, |
2 | | stolen, or destroyed. The Illinois State Police may adopt |
3 | | rules necessary to implement this Section.
|
4 | | (430 ILCS 65/9.5) |
5 | | Sec. 9.5. Revocation or suspension of Firearm Owner's |
6 | | Identification
Card. |
7 | | (a) A person who receives a revocation or suspension |
8 | | notice under Section 9 of this Act shall, within 48 hours of |
9 | | receiving notice of the revocation or suspension : |
10 | | (1) surrender his or her Firearm Owner's |
11 | | Identification Card to the local law enforcement agency |
12 | | where the person resides or . The local law enforcement |
13 | | agency shall provide the person a receipt and transmit the |
14 | | Firearm Owner's Identification Card to the Department of |
15 | | State Police; and |
16 | | (2) complete a Firearm Disposition Record on a form |
17 | | prescribed by the Department of State Police and place his |
18 | | or her firearms in the location or with the person |
19 | | reported in the Firearm Disposition Record. The form shall |
20 | | require the person to disclose: |
21 | | (A) the make, model, and serial number of each |
22 | | firearm owned by or under the custody and control of |
23 | | the revoked or suspended person; |
24 | | (B) the location where each firearm will be |
25 | | maintained during the prohibited term; and |
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1 | | (C) if any firearm will be transferred to the |
2 | | custody of another person, the name, address and |
3 | | Firearm Owner's Identification Card number of the |
4 | | transferee ; and |
5 | | (D) to whom his or her Firearm Owner's
|
6 | | Identification Card was surrendered.
Once completed, |
7 | | the person shall retain a copy and
provide a copy of |
8 | | the Firearm Disposition Record to the
Illinois State |
9 | | Police. . |
10 | | (a-5) The Firearm Disposition Record shall contain a |
11 | | statement to be signed by the transferee that the transferee: |
12 | | (1) is aware of, and will abide by, current law |
13 | | regarding the unlawful transfer of a firearm; |
14 | | (2) is aware of the penalties for violating the law as |
15 | | it pertains to unlawful transfer of a firearm; and |
16 | | (3) intends to retain possession of the firearm or |
17 | | firearms until it is determined that the transferor is |
18 | | legally eligible to possess a firearm and has an active |
19 | | Firearm Owner's Identification Card, if applicable, or |
20 | | until a new person is chosen to hold the firearm or |
21 | | firearms. |
22 | | (b) Surrendered Firearm Owner's Identification Cards shall
|
23 | | be destroyed by the law enforcement agency receiving the
|
24 | | cards. The local law enforcement agency shall provide a copy |
25 | | of the Firearm Disposition Record to the person whose Firearm |
26 | | Owner's Identification Card has been revoked and to the |
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1 | | Department of State Police. |
2 | | (b-5) If a court orders the surrender of a Firearms
|
3 | | Owner's Identification Card and accepts receipt of the Card,
|
4 | | the court shall destroy the Card and direct the person whose
|
5 | | Firearm Owner's Identification Card has been surrendered to
|
6 | | comply with paragraph (2) of subsection (a). |
7 | | (b-10) If the person whose Firearm Owner's Identification
|
8 | | Card has been revoked has either lost or destroyed the Card,
|
9 | | the person must still comply with paragraph (2) of subsection
|
10 | | (a). |
11 | | (b-15) A notation shall be made in the portal created
|
12 | | under Section 2605-304 of the Department of State Police Law
|
13 | | of the Civil Administrative Code of Illinois that the revoked |
14 | | Firearm Owner's Identification Card has been destroyed. |
15 | | (c) The Illinois State Police shall conduct enforcement |
16 | | operations against persons whose Firearm Owner's |
17 | | Identification Cards have been revoked or suspended and |
18 | | persons who fail to comply with the requirements of this |
19 | | Section, prioritizing individuals presenting a clear and |
20 | | present danger to themselves or to others under paragraph (2) |
21 | | of subsection (d) of Section 8.1. If the person whose Firearm |
22 | | Owner's Identification Card has been revoked or suspended |
23 | | fails to comply with the requirements of this Section, the |
24 | | sheriff or law enforcement agency where the person resides may |
25 | | petition the circuit court to issue a warrant to search for and |
26 | | seize the Firearm Owner's Identification Card and firearms in |
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1 | | the possession or under the custody or control of the person |
2 | | whose Firearm Owner's Identification Card has been revoked or |
3 | | suspended . |
4 | | (d) A violation of subsection (a) of this Section is a |
5 | | Class A misdemeanor. |
6 | | (e) The observation of a Firearm Owner's Identification |
7 | | Card in the possession of a person whose Firearm Owner's |
8 | | Identification Card has been revoked or suspended constitutes |
9 | | a sufficient basis for the arrest of that person for violation |
10 | | of this Section. |
11 | | (f) Within 30 days after the effective date of this |
12 | | amendatory Act of the 98th General Assembly, the Department of |
13 | | State Police shall provide written notice of the requirements |
14 | | of this Section to persons whose Firearm Owner's |
15 | | Identification Cards have been revoked, suspended, or expired |
16 | | and who have failed to surrender their cards to the |
17 | | Department. |
18 | | (g) A person whose Firearm Owner's Identification Card has |
19 | | been revoked or suspended and who received notice under |
20 | | subsection (f) shall comply with the requirements of this |
21 | | Section within 48 hours of receiving notice.
|
22 | | (h) Nothing in this Section prevents a court from ordering |
23 | | an individual to surrender his or her Firearm Owner's |
24 | | Identification Card and any firearms to a law enforcement |
25 | | agency of the court's choosing, in a timeframe shorter than 48 |
26 | | hours after receipt of the notice of revocation or suspension. |
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1 | | (Source: P.A. 98-63, eff. 7-9-13.)
|
2 | | (430 ILCS 65/10) (from Ch. 38, par. 83-10)
|
3 | | Sec. 10. Appeals Appeal to director ; hearing; relief from |
4 | | firearm prohibitions. |
5 | | (a) Whenever an application for a Firearm Owner's |
6 | | Identification
Card is denied, whenever the Illinois State |
7 | | Police Department fails to act on an application
within 30 |
8 | | days of its receipt, or whenever such a Card is revoked or |
9 | | seized
as provided for in Section 8 of this Act, the aggrieved |
10 | | party may
appeal
to the Firearm Owner's Identification Card |
11 | | Review Board Director of State Police for a hearing upon
such |
12 | | denial, revocation or seizure, unless the denial, revocation, |
13 | | or seizure
was based upon a forcible felony, stalking, |
14 | | aggravated stalking, domestic
battery, any violation of the |
15 | | Illinois Controlled Substances Act, the Methamphetamine |
16 | | Control and Community Protection Act, or the
Cannabis Control |
17 | | Act that is classified as a Class 2 or greater felony,
any
|
18 | | felony violation of Article 24 of the Criminal Code of 1961 or |
19 | | the Criminal Code of 2012, or any
adjudication as a delinquent |
20 | | minor for the commission of an
offense that if committed by an |
21 | | adult would be a felony, in which case the
aggrieved party may |
22 | | petition the circuit court in writing in the county of
his or |
23 | | her residence for a hearing upon such denial, revocation, or |
24 | | seizure.
|
25 | | (a-5) There is created within the Illinois State Police a |
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1 | | Firearm Owner's Identification Card Review Board to consider |
2 | | any appeal under subsection (a), other than an appeal directed |
3 | | to the circuit court. |
4 | | (1) The Board shall consist of 7 members appointed by |
5 | | the Governor, with the advice and consent of the Senate, |
6 | | with 3 members residing within the First Judicial District |
7 | | and one member residing within each of the 4 remaining |
8 | | Judicial Districts. No more than 4 members shall be |
9 | | members of the same political party. The Governor shall |
10 | | designate one member as the chairperson. The Board shall |
11 | | consist of: |
12 | | (A) one member with at least 5 years of service as |
13 | | a federal or State judge; |
14 | | (B) two members with at least 5 years of |
15 | | experience serving as an attorney with the United |
16 | | States Department of Justice, or as a State's Attorney |
17 | | or Assistant State's Attorney; |
18 | | (C) three members with at least 5 years of |
19 | | experience as a federal, State, or local law |
20 | | enforcement agent or as an employee with investigative |
21 | | experience or duties related to criminal justice under |
22 | | the United States Department of Justice, Drug |
23 | | Enforcement Administration, Department of Homeland |
24 | | Security, Federal Bureau of Investigation, or a State |
25 | | or local law enforcement agency; and |
26 | | (D) one member with at least 5 years of experience |
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1 | | as a licensed physician or clinical psychologist with |
2 | | expertise in the diagnosis and treatment of mental |
3 | | illness. |
4 | | (2) The terms of the members initially appointed after
|
5 | | the effective date of this amendatory Act of the 102nd |
6 | | General Assembly shall be as follows: one of
the initial |
7 | | members shall be appointed for a term of one year, 3 shall |
8 | | be
appointed for terms of 2 years, and 3 shall be appointed |
9 | | for terms of 4 years. Thereafter, members shall hold |
10 | | office for 4 years, with terms expiring on the second |
11 | | Monday in January immediately following the expiration of |
12 | | their terms and every 4 years thereafter. Members may be |
13 | | reappointed. Vacancies in the office of member shall be |
14 | | filled in the same manner as the original appointment, for |
15 | | the remainder of the unexpired term. The Governor may |
16 | | remove a member for incompetence, neglect of duty, |
17 | | malfeasance, or inability to serve. Members shall receive |
18 | | compensation in an amount equal to the compensation of |
19 | | members of the Executive Ethics Commission and may be |
20 | | reimbursed, from funds appropriated for such a purpose, |
21 | | for reasonable expenses actually incurred in the |
22 | | performance of their Board duties. The Illinois State |
23 | | Police shall designate an employee to serve as Executive |
24 | | Director of the Board and provide logistical and |
25 | | administrative assistance to the Board. |
26 | | (3) The Board shall meet at least quarterly each year |
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1 | | and at the call of the chairperson as often as necessary to |
2 | | consider appeals of decisions made with respect to |
3 | | applications for a Firearm Owner's Identification Card |
4 | | under this Act. If necessary to ensure the participation |
5 | | of a member, the Board shall allow a member to participate |
6 | | in a Board meeting by electronic communication. Any member |
7 | | participating electronically shall be deemed present for |
8 | | purposes of establishing a quorum and voting. |
9 | | (4) The Board shall adopt rules for the review of |
10 | | appeals and the conduct of hearings. The Board shall |
11 | | maintain a record of its decisions and all materials |
12 | | considered in making its decisions. All Board decisions |
13 | | and voting records shall be kept confidential and all |
14 | | materials considered by the Board shall be exempt from |
15 | | inspection except upon order of a court. |
16 | | (5) In considering an appeal, the Board shall review |
17 | | the materials received concerning the denial, suspension, |
18 | | or revocation by the Illinois State Police. By a vote of at |
19 | | least 4 members, the Board may request additional |
20 | | information from the Illinois State Police or the |
21 | | applicant or the testimony of the Illinois State Police or |
22 | | the applicant. The Board may require that the applicant |
23 | | submit electronic fingerprints to the Illinois State |
24 | | Police for an updated background check if the Board |
25 | | determines it lacks sufficient information to determine |
26 | | eligibility. The Board may consider information submitted |
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1 | | by the Illinois State Police, a law enforcement agency, or |
2 | | the applicant. The Board shall review each denial, |
3 | | suspension, or revocation and determine by a majority of |
4 | | members whether an applicant is eligible for a Firearm |
5 | | Owner's Identification Card. |
6 | | (6) The Board shall issue a decision within 45 |
7 | | business days of receiving all completed appeal documents |
8 | | from the Illinois State Police and the applicant. However, |
9 | | the Board need not issue a decision within 45 business |
10 | | days if: |
11 | | (A) the Board requests information from the |
12 | | applicant, including, but not limited to, electronic |
13 | | fingerprints to be submitted to the Illinois State |
14 | | Police, in accordance with paragraph (5) of this |
15 | | subsection, in which case the Board shall make a |
16 | | decision within 30 days of receipt of the required |
17 | | information from the applicant; |
18 | | (B) the applicant agrees, in writing, to allow the |
19 | | Board additional time to consider an appeal; or |
20 | | (C) the Board notifies the applicant and the |
21 | | Illinois State Police that the Board needs an |
22 | | additional 30 days to issue a decision. |
23 | | (7) If the Board determines by a preponderance of the |
24 | | evidence that the applicant fails to meet the eligibility |
25 | | requirements or is a prohibited person under State or |
26 | | federal law, poses a danger to himself or herself or |
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1 | | others, or is a threat to public safety, then the Board |
2 | | shall affirm the denial, suspension, or revocation and |
3 | | shall notify the applicant and the Illinois State Police |
4 | | that the applicant is ineligible for a Firearm Owner's |
5 | | Identification Card. If the Board does not determine by a |
6 | | preponderance of the evidence that the applicant fails to |
7 | | meet the eligibility requirements or is a prohibited |
8 | | person under State or federal law, poses a danger to |
9 | | himself or herself or others, or is a threat to public |
10 | | safety, then the Board shall notify the applicant and the |
11 | | Illinois State Police that the applicant is eligible for a |
12 | | Firearm Owner's Identification Card. |
13 | | (8) Meetings of the Board shall not be subject to the |
14 | | Open Meetings Act and records of the Board shall not be |
15 | | subject to the Freedom of Information Act. |
16 | | (9) The Board shall report monthly to the Governor and |
17 | | the General Assembly on the number of appeals received and |
18 | | provide details of the circumstances in which the Board |
19 | | has determined to deny Firearm Owner's Identification |
20 | | Cards under this subsection (a-5). The report shall not |
21 | | contain any identifying information about the applicants. |
22 | | (b) At least 30 days before any hearing in the circuit |
23 | | court, the
petitioner shall serve the
relevant State's |
24 | | Attorney with a copy of the petition. The State's Attorney
may |
25 | | object to the petition and present evidence. At the hearing , |
26 | | the court
shall
determine whether substantial justice has been |
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1 | | done. Should the court
determine that substantial justice has |
2 | | not been done, the court shall issue an
order directing the |
3 | | Illinois Department of State Police to issue a Card. However, |
4 | | the court shall not issue the order if the petitioner is |
5 | | otherwise prohibited from obtaining, possessing, or using a |
6 | | firearm under
federal law.
|
7 | | (c) Any person prohibited from possessing a firearm under |
8 | | Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or |
9 | | acquiring a Firearm Owner's
Identification Card under Section |
10 | | 8 of this Act may apply to
the Firearm Owner's Identification |
11 | | Card Review Board Director
of State Police
or petition the |
12 | | circuit court in the county where the petitioner resides,
|
13 | | whichever is applicable in accordance with subsection (a) of |
14 | | this Section,
requesting relief
from such prohibition and the |
15 | | Board Director or court may grant such relief if it
is
|
16 | | established by the applicant to the court's or the Board's |
17 | | Director's satisfaction
that:
|
18 | | (0.05) when in the circuit court, the State's Attorney |
19 | | has been served
with a written
copy of the
petition at |
20 | | least 30 days before any such hearing in the circuit court |
21 | | and at
the hearing the
State's Attorney was afforded an |
22 | | opportunity to present evidence and object to
the |
23 | | petition;
|
24 | | (1) the applicant has not been convicted of a forcible |
25 | | felony under the
laws of this State or any other |
26 | | jurisdiction within 20 years of the
applicant's |
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1 | | application for a Firearm Owner's Identification Card, or |
2 | | at
least 20 years have passed since the end of any period |
3 | | of imprisonment
imposed in relation to that conviction;
|
4 | | (2) the circumstances regarding a criminal conviction, |
5 | | where applicable,
the applicant's criminal history and his |
6 | | reputation are such that the applicant
will not be likely |
7 | | to act in a manner dangerous to public safety;
|
8 | | (3) granting relief would not be contrary to the |
9 | | public interest; and |
10 | | (4) granting relief would not be contrary to federal |
11 | | law.
|
12 | | (c-5) (1) An active law enforcement officer employed by a |
13 | | unit of government, who is denied, revoked, or has his or her |
14 | | Firearm Owner's Identification Card seized under subsection |
15 | | (e) of Section 8 of this Act may apply to the Firearm Owner's |
16 | | Identification Card Review Board Director of State Police |
17 | | requesting relief if the officer did not act in a manner |
18 | | threatening to the officer, another person, or the public as |
19 | | determined by the treating clinical psychologist or physician, |
20 | | and as a result of his or her work is referred by the employer |
21 | | for or voluntarily seeks mental health evaluation or treatment |
22 | | by a licensed clinical psychologist, psychiatrist, or |
23 | | qualified examiner, and: |
24 | | (A) the officer has not received treatment |
25 | | involuntarily at a mental health facility, regardless of |
26 | | the length of admission; or has not been voluntarily |
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1 | | admitted to a mental health facility for more than 30 days |
2 | | and not for more than one incident within the past 5 years; |
3 | | and |
4 | | (B) the officer has not left the mental institution |
5 | | against medical advice. |
6 | | (2) The Firearm Owner's Identification Card Review Board |
7 | | Director of State Police shall grant expedited relief to |
8 | | active law enforcement officers described in paragraph (1) of |
9 | | this subsection (c-5) upon a determination by the Board |
10 | | Director that the officer's possession of a firearm does not |
11 | | present a threat to themselves, others, or public safety. The |
12 | | Board Director shall act on the request for relief within 30 |
13 | | business days of receipt of: |
14 | | (A) a notarized statement from the officer in the form |
15 | | prescribed by the Board Director detailing the |
16 | | circumstances that led to the hospitalization; |
17 | | (B) all documentation regarding the admission, |
18 | | evaluation, treatment and discharge from the treating |
19 | | licensed clinical psychologist or psychiatrist of the |
20 | | officer; |
21 | | (C) a psychological fitness for duty evaluation of the |
22 | | person completed after the time of discharge; and |
23 | | (D) written confirmation in the form prescribed by the |
24 | | Board Director from the treating licensed clinical |
25 | | psychologist or psychiatrist that the provisions set forth |
26 | | in paragraph (1) of this subsection (c-5) have been met, |
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1 | | the person successfully completed treatment, and their |
2 | | professional opinion regarding the person's ability to |
3 | | possess firearms. |
4 | | (3) Officers eligible for the expedited relief in |
5 | | paragraph (2) of this subsection (c-5) have the burden of |
6 | | proof on eligibility and must provide all information |
7 | | required. The Board Director may not consider granting |
8 | | expedited relief until the proof and information is received. |
9 | | (4) "Clinical psychologist", "psychiatrist", and |
10 | | "qualified examiner" shall have the same meaning as provided |
11 | | in Chapter I of the Mental Health and Developmental |
12 | | Disabilities Code. |
13 | | (c-10) (1) An applicant, who is denied, revoked, or has |
14 | | his or her Firearm Owner's Identification Card seized under |
15 | | subsection (e) of Section 8 of this Act based upon a |
16 | | determination of a developmental disability or an intellectual |
17 | | disability may apply to the Firearm Owner's Identification |
18 | | Card Review Board Director of State Police requesting relief. |
19 | | (2) The Board Director shall act on the request for relief |
20 | | within 60 business days of receipt of written certification, |
21 | | in the form prescribed by the Board Director , from a physician |
22 | | or clinical psychologist, or qualified examiner, that the |
23 | | aggrieved party's developmental disability or intellectual |
24 | | disability condition is determined by a physician, clinical |
25 | | psychologist, or qualified to be mild. If a fact-finding |
26 | | conference is scheduled to obtain additional information |
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1 | | concerning the circumstances of the denial or revocation, the |
2 | | 60 business days the Director has to act shall be tolled until |
3 | | the completion of the fact-finding conference. |
4 | | (3) The Board Director may grant relief if the aggrieved |
5 | | party's developmental disability or intellectual disability is |
6 | | mild as determined by a physician, clinical psychologist, or |
7 | | qualified examiner and it is established by the applicant to |
8 | | the Board's Director's satisfaction that: |
9 | | (A) granting relief would not be contrary to the |
10 | | public interest; and |
11 | | (B) granting relief would not be contrary to federal |
12 | | law. |
13 | | (4) The Board Director may not grant relief if the |
14 | | condition is determined by a physician, clinical psychologist, |
15 | | or qualified examiner to be moderate, severe, or profound. |
16 | | (5) The changes made to this Section by Public Act 99-29 |
17 | | this amendatory Act of the 99th General Assembly apply to |
18 | | requests for
relief pending on or before July 10, 2015 ( the |
19 | | effective date of Public Act 99-29) this amendatory Act , |
20 | | except that the 60-day period for the Director to act on |
21 | | requests pending before the effective date shall begin
on July |
22 | | 10, 2015 ( the effective date of Public Act 99-29) this |
23 | | amendatory Act . |
24 | | (d) When a minor is adjudicated delinquent for an offense |
25 | | which if
committed by an adult would be a felony, the court |
26 | | shall notify the Illinois Department
of State Police.
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1 | | (e) The court shall review the denial of an application or |
2 | | the revocation of
a Firearm Owner's Identification Card of a |
3 | | person who has been adjudicated
delinquent for an offense that |
4 | | if
committed by an adult would be a felony if an
application |
5 | | for relief has been filed at least 10 years after the |
6 | | adjudication
of delinquency and the court determines that the |
7 | | applicant should be
granted relief from disability to obtain a |
8 | | Firearm Owner's Identification Card.
If the court grants |
9 | | relief, the court shall notify the Illinois Department of |
10 | | State
Police that the disability has
been removed and that the |
11 | | applicant is eligible to obtain a Firearm Owner's
|
12 | | Identification Card.
|
13 | | (f) Any person who is subject to the disabilities of 18 |
14 | | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act |
15 | | of 1968 because of an adjudication or commitment that occurred |
16 | | under the laws of this State or who was determined to be |
17 | | subject to the provisions of subsections (e), (f), or (g) of |
18 | | Section 8 of this Act may apply to the Illinois Department of |
19 | | State Police requesting relief from that prohibition. The |
20 | | Board Director shall grant the relief if it is established by a |
21 | | preponderance of the evidence that the person will not be |
22 | | likely to act in a manner dangerous to public safety and that |
23 | | granting relief would not be contrary to the public interest. |
24 | | In making this determination, the Board Director shall receive |
25 | | evidence concerning (i) the circumstances regarding the |
26 | | firearms disabilities from which relief is sought; (ii) the |
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1 | | petitioner's mental health and criminal history records, if |
2 | | any; (iii) the petitioner's reputation, developed at a minimum |
3 | | through character witness statements, testimony, or other |
4 | | character evidence; and (iv) changes in the petitioner's |
5 | | condition or circumstances since the disqualifying events |
6 | | relevant to the relief sought. If relief is granted under this |
7 | | subsection or by order of a court under this Section, the |
8 | | Director shall as soon as practicable but in no case later than |
9 | | 15 business days, update, correct, modify, or remove the |
10 | | person's record in any database that the Illinois Department |
11 | | of State Police makes available to the National Instant |
12 | | Criminal Background Check System and notify the United States |
13 | | Attorney General that the basis for the record being made |
14 | | available no longer applies. The Illinois Department of State |
15 | | Police shall adopt rules for the administration of this |
16 | | Section. |
17 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78, |
18 | | eff. 7-20-15.)
|
19 | | (430 ILCS 65/11) (from Ch. 38, par. 83-11)
|
20 | | Sec. 11. Judicial review of final administrative |
21 | | decisions. |
22 | | (a) All final administrative decisions of the Firearm |
23 | | Owner's Identification Card Review Board Department under this
|
24 | | Act, except final administrative decisions of the Firearm |
25 | | Owner's Identification Card Review Board Director of State |
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1 | | Police to deny a person's application for relief under |
2 | | subsection (f) of Section 10 of this Act, shall be subject to |
3 | | judicial review under the provisions of the Administrative
|
4 | | Review Law, and all amendments and
modifications thereof, and |
5 | | the rules adopted pursuant thereto. The term
"administrative |
6 | | decision" is defined as in Section 3-101 of the Code of
Civil |
7 | | Procedure.
|
8 | | (b) Any final administrative decision by the Firearm |
9 | | Owner's Identification Card Review Board Director of State |
10 | | Police to deny a person's application for relief under |
11 | | subsection (f) of Section 10 of this Act is subject to de novo |
12 | | judicial review by the circuit court, and any party may offer |
13 | | evidence that is otherwise proper and admissible without |
14 | | regard to whether that evidence is part of the administrative |
15 | | record. |
16 | | (c) The Firearm Owner's Identification Card Review Board |
17 | | Director of State Police shall submit a report to the General
|
18 | | Assembly on March 1 of each year, beginning March 1, 1991, |
19 | | listing all
final decisions by a court of this State |
20 | | upholding, reversing, or
reversing in part any administrative |
21 | | decision made by the Department of State Police.
|
22 | | (Source: P.A. 97-1131, eff. 1-1-13.)
|
23 | | (430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)
|
24 | | Sec. 13.2. Renewal; name , photograph, or address change; |
25 | | replacement card. The Department of State Police shall, 60 |
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1 | | days
prior to the expiration of a Firearm Owner's |
2 | | Identification Card,
forward by first class mail to each |
3 | | person whose card is to expire a
notification of the
|
4 | | expiration of the card and instructions for renewal.
It is the |
5 | | obligation of the holder of a Firearm Owner's Identification |
6 | | Card
to notify the Department of State Police of any address |
7 | | change since the
issuance of
the Firearm Owner's |
8 | | Identification Card. The Illinois State Police may update the |
9 | | applicant and card holders address based upon records in the |
10 | | Secretary of State Driver's License or Illinois Identification |
11 | | Card records of applicants who do not have driver's licenses. |
12 | | Whenever any person moves from the residence address named on |
13 | | his or her card, the person shall within 21 calendar days |
14 | | thereafter notify in a form and manner prescribed by the |
15 | | Department of his or her old and new residence addresses and |
16 | | the card number held by him or her. Any person whose legal name |
17 | | has changed from the name on the card that he or she has been |
18 | | previously issued must apply for a corrected card within 30 |
19 | | calendar days after the change. The cost for an updated or a |
20 | | corrected card shall be $5. The cost for replacement of a card |
21 | | which has been lost, destroyed, or stolen shall be $5 if the |
22 | | loss, destruction, or theft of the card is reported to the |
23 | | Department of State Police. The fees collected under this |
24 | | Section shall be deposited into the State Police Firearm |
25 | | Services Fund.
|
26 | | (Source: P.A. 100-906, eff. 1-1-19 .)
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1 | | (430 ILCS 65/13.4 new) |
2 | | Sec. 13.4. Illinois State Police; rule making authority.
|
3 | | The Illinois State Police shall by rule adopt the following
|
4 | | procedures: |
5 | | (1) When a person who possesses a valid Firearm Owner's
|
6 | | Identification Card applies for and is approved for a
|
7 | | concealed carry license, the valid Firearm Owner's
|
8 | | Identification Card is renewed for 5 years from the time of
|
9 | | approval instead of 5 years from the date of the original
card. |
10 | | (2) If a person is eligible for both a Firearm Owner's
|
11 | | Identification Card and a concealed carry license, the
|
12 | | Illinois State Police shall by rule create one card that may be
|
13 | | used as both a Firearm Owner's Identification Card and a
|
14 | | concealed carry license. A combined Firearm Owner's
|
15 | | Identification Card and concealed carry license shall be
|
16 | | considered a valid card for the purposes of this Act. The
|
17 | | Illinois State Police shall adopt rules to implement this
|
18 | | Section. |
19 | | (3) The Illinois State Police may waive the Firearm
|
20 | | Owner's Identification Card application fee for the purposes
|
21 | | of paragraphs (1) and (2).
|
22 | | Section 25. The Firearm Concealed Carry Act is amended by |
23 | | changing Sections 20, 30, 50, and 70 and by adding Sections |
24 | | 10.5, 10.6, and 13 as follows:
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1 | | (430 ILCS 66/10.5 new) |
2 | | Sec. 10.5. Electronic concealed carry licenses. The |
3 | | Illinois State Police may develop a system under which the |
4 | | holder of a concealed carry license may display an electronic |
5 | | version of his or her license on a mobile telephone or other |
6 | | portable electronic device. An electronic version of a |
7 | | concealed carry license shall contain security features the |
8 | | Illinois State Police determines to be necessary to ensure |
9 | | that the electronic version is accurate and current and shall |
10 | | satisfy other requirements the Illinois State Police |
11 | | determines to be necessary regarding form and content. The |
12 | | display or possession of an electronic version of a valid |
13 | | concealed carry license in accordance with the requirements of |
14 | | the Illinois State Police satisfies all requirements for the |
15 | | display or possession of a valid concealed carry license under |
16 | | the laws of this State. The possession or display of an |
17 | | electronic concealed carry license on a mobile telephone or |
18 | | other portable electronic device does not constitute consent |
19 | | for a law enforcement officer, court, or other officer of the |
20 | | court to access other contents of the mobile telephone or |
21 | | other portable electronic device. The Illinois State Police |
22 | | may adopt rules to implement this Section.
|
23 | | (430 ILCS 66/10.6 new) |
24 | | Sec. 10.6. Email notifications. A person subject to this |
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1 | | Act
may notify the Illinois State Police upon application or |
2 | | at any time
thereafter that he or she would like to receive |
3 | | correspondence
from the Illinois State Police via email rather |
4 | | than by mail.
|
5 | | (430 ILCS 66/13 new) |
6 | | Sec. 13. Email notifications. A person subject to this Act |
7 | | may notify the Illinois State Police upon application or at |
8 | | any time thereafter that he or she would like to receive |
9 | | correspondence from the Illinois State Police via email rather |
10 | | than by mail.
|
11 | | (430 ILCS 66/20)
|
12 | | Sec. 20. Concealed Carry Licensing Review Board. |
13 | | (a) There is hereby created within the Department of State |
14 | | Police a Concealed Carry Licensing Review Board to consider |
15 | | any objection to an applicant's eligibility to obtain a |
16 | | license under this Act submitted by a law enforcement agency |
17 | | or the Department under Section 15 of this Act. The Board shall |
18 | | consist of 7 commissioners to be appointed by the Governor, |
19 | | with the advice and consent of the Senate, with 3 |
20 | | commissioners residing within the First Judicial District and |
21 | | one commissioner residing within each of the 4 remaining |
22 | | Judicial Districts. No more than 4 commissioners shall be |
23 | | members of the same political party. The Governor shall |
24 | | designate one commissioner as the Chairperson. The Board shall |
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1 | | consist of: |
2 | | (1) one commissioner with at least 5 years of service |
3 | | as a federal judge; |
4 | | (2) 2 commissioners with at least 5 years of |
5 | | experience serving as an attorney with the United States |
6 | | Department of Justice; |
7 | | (3) 3 commissioners with at least 5 years of |
8 | | experience as a federal agent or employee with |
9 | | investigative experience or duties related to criminal |
10 | | justice under the United States Department of Justice, |
11 | | Drug Enforcement Administration, Department of Homeland |
12 | | Security, or Federal Bureau of Investigation; and |
13 | | (4) one member with at least 5 years of experience as a |
14 | | licensed physician or clinical psychologist with expertise |
15 | | in the diagnosis and treatment of mental illness. |
16 | | (b) The initial terms of the commissioners shall end on |
17 | | January 12, 2015. Notwithstanding any provision in this |
18 | | Section to the contrary, the term
of office of each |
19 | | commissioner of the Concealed Carry Licensing Review Board is |
20 | | abolished on
the effective date of this amendatory Act of the |
21 | | 102nd General Assembly. The terms of the commissioners |
22 | | appointed on or after
the effective date of this amendatory |
23 | | Act of the 102nd General Assembly shall be as follows: one of
|
24 | | the initial members shall be appointed for a term of one year, |
25 | | 3 shall be
appointed for terms of 2 years, and 3 shall be |
26 | | appointed for terms of 4 years. Thereafter, the commissioners |
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1 | | shall hold office for 4 years, with terms expiring on the |
2 | | second Monday in January of the fourth year. Commissioners may |
3 | | be reappointed. Vacancies in the office of commissioner shall |
4 | | be filled in the same manner as the original appointment, for |
5 | | the remainder of the unexpired term. The Governor may remove a |
6 | | commissioner for incompetence, neglect of duty, malfeasance, |
7 | | or inability to serve. Commissioners shall receive |
8 | | compensation in an amount equal to the compensation of members |
9 | | of the Executive Ethics Commission and may be reimbursed for |
10 | | reasonable expenses actually incurred in the performance of |
11 | | their Board duties, from funds appropriated for that purpose. |
12 | | (c) The Board shall meet at the call of the chairperson as |
13 | | often as necessary to consider objections to applications for |
14 | | a license under this Act. If necessary to ensure the |
15 | | participation of a commissioner, the Board shall allow a |
16 | | commissioner to participate in a Board meeting by electronic |
17 | | communication. Any commissioner participating electronically |
18 | | shall be deemed present for purposes of establishing a quorum |
19 | | and voting. |
20 | | (d) The Board shall adopt rules for the review of |
21 | | objections and the conduct of hearings. The Board shall |
22 | | maintain a record of its decisions and all materials |
23 | | considered in making its decisions. All Board decisions and |
24 | | voting records shall be kept confidential and all materials |
25 | | considered by the Board shall be exempt from inspection except |
26 | | upon order of a court. |
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1 | | (e) In considering an objection of a law enforcement |
2 | | agency or the Department, the Board shall review the materials |
3 | | received with the objection from the law enforcement agency or |
4 | | the Department. By a vote of at least 4 commissioners, the |
5 | | Board may request additional information from the law |
6 | | enforcement agency, Department, or the applicant, or the |
7 | | testimony of the law enforcement agency, Department, or the |
8 | | applicant. The Board may require that the applicant submit |
9 | | electronic fingerprints to the Department for an updated |
10 | | background check where the Board determines it lacks |
11 | | sufficient information to determine eligibility. The Board may |
12 | | only consider information submitted by the Department, a law |
13 | | enforcement agency, or the applicant. The Board shall review |
14 | | each objection and determine by a majority of commissioners |
15 | | whether an applicant is eligible for a license. |
16 | | (f) The Board shall issue a decision within 30 days of |
17 | | receipt of the objection from the Department. However, the |
18 | | Board need not issue a decision within 30 days if: |
19 | | (1) the Board requests information from the applicant, |
20 | | including but not limited to electronic fingerprints to be |
21 | | submitted to the Department, in accordance with subsection |
22 | | (e) of this Section, in which case the Board shall make a |
23 | | decision within 30 days of receipt of the required |
24 | | information from the applicant; |
25 | | (2) the applicant agrees, in writing, to allow the |
26 | | Board additional time to consider an objection; or |
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1 | | (3) the Board notifies the applicant and the |
2 | | Department that the Board needs an additional 30 days to |
3 | | issue a decision. |
4 | | (g) If the Board determines by a preponderance of the |
5 | | evidence that the applicant poses a danger to himself or |
6 | | herself or others, or is a threat to public safety, then the |
7 | | Board shall affirm the objection of the law enforcement agency |
8 | | or the Department and shall notify the Department that the |
9 | | applicant is ineligible for a license. If the Board does not |
10 | | determine by a preponderance of the evidence that the |
11 | | applicant poses a danger to himself or herself or others, or is |
12 | | a threat to public safety, then the Board shall notify the |
13 | | Department that the applicant is eligible for a license. |
14 | | (h) Meetings of the Board shall not be subject to the Open |
15 | | Meetings Act and records of the Board shall not be subject to |
16 | | the Freedom of Information Act. |
17 | | (i) The Board shall report monthly to the Governor and the |
18 | | General Assembly on the number of objections received and |
19 | | provide details of the circumstances in which the Board has |
20 | | determined to deny licensure based on law enforcement or |
21 | | Department objections under Section 15 of this Act. The report |
22 | | shall not contain any identifying information about the |
23 | | applicants.
|
24 | | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
|
25 | | (430 ILCS 66/30)
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1 | | Sec. 30. Contents of license application. |
2 | | (a) The license application shall be in writing, under |
3 | | penalty of perjury, on a standard form adopted by the |
4 | | Department and shall be accompanied by the documentation |
5 | | required in this Section and the applicable fee. Each |
6 | | application form shall include the following statement printed |
7 | | in bold type: "Warning: Entering false information on this |
8 | | form is punishable as perjury under Section 32-2 of the |
9 | | Criminal Code of 2012." |
10 | | (b) The application shall contain the following: |
11 | | (1) the applicant's name, current address, date and |
12 | | year of birth, place of birth, height, weight, hair color, |
13 | | eye color, maiden name or any other name the applicant has |
14 | | used or identified with, and any address where the |
15 | | applicant resided for more than 30 days within the 10 |
16 | | years preceding the date of the license application; |
17 | | (2) the applicant's valid driver's license number or |
18 | | valid state identification card number; |
19 | | (3) a waiver of the applicant's privacy and |
20 | | confidentiality rights and privileges under all federal |
21 | | and state laws, including those limiting access to |
22 | | juvenile court, criminal justice, psychological, or |
23 | | psychiatric records or records relating to any |
24 | | institutionalization of the applicant, and an affirmative |
25 | | request that a person having custody of any of these |
26 | | records provide it or information concerning it to the |
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1 | | Department. The waiver only applies to records sought in |
2 | | connection with determining whether the applicant |
3 | | qualifies for a license to carry a concealed firearm under |
4 | | this Act, or whether the applicant remains in compliance |
5 | | with the Firearm Owners Identification Card Act; |
6 | | (4) an affirmation that the applicant possesses a |
7 | | currently valid Firearm Owner's Identification Card and |
8 | | card number if possessed or notice the applicant is |
9 | | applying for a Firearm Owner's Identification Card in |
10 | | conjunction with the license application; |
11 | | (5) an affirmation that the applicant has not been |
12 | | convicted or found guilty of: |
13 | | (A) a felony; |
14 | | (B) a misdemeanor involving the use or threat of |
15 | | physical force or violence to any person within the 5 |
16 | | years preceding the date of the application; or |
17 | | (C) 2 or more violations related to driving while |
18 | | under the influence of alcohol, other drug or drugs, |
19 | | intoxicating compound or compounds, or any combination |
20 | | thereof, within the 5 years preceding the date of the |
21 | | license application; and |
22 | | (6) whether the applicant has failed a drug test for a |
23 | | drug for which the applicant did not have a prescription, |
24 | | within the previous year, and if so, the provider of the |
25 | | test, the specific substance involved, and the date of the |
26 | | test; |
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1 | | (7) written consent for the Department to review and |
2 | | use the applicant's Illinois digital driver's license or |
3 | | Illinois identification card photograph and signature; |
4 | | (8) a full set of fingerprints submitted to the |
5 | | Department in electronic format in a form and manner |
6 | | prescribed by the Illinois State Police, unless the |
7 | | applicant has previously provided a full set of his or her |
8 | | fingerprints to the Illinois State Police under the |
9 | | Firearm Owners Identification Card Act; , provided the |
10 | | Department may accept an application submitted without a |
11 | | set of fingerprints in which case the Department shall be |
12 | | granted 30 days in addition to the 90 days provided under |
13 | | subsection (e) of Section 10 of this Act to issue or deny a |
14 | | license; |
15 | | (9) a head and shoulder color photograph in a size |
16 | | specified by the Department taken within the 30 days |
17 | | preceding the date of the license application; and |
18 | | (10) a photocopy of any certificates or other evidence |
19 | | of compliance with the training requirements under this |
20 | | Act.
|
21 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
|
22 | | (430 ILCS 66/50)
|
23 | | Sec. 50. License renewal. |
24 | | (a) This subsection (a) applies through the 180th day |
25 | | following the effective date of this amendatory Act of the |
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1 | | 101st General Assembly. Applications for renewal of a license |
2 | | shall be made to the Department. A license shall be renewed for |
3 | | a period of 5 years upon receipt of a completed renewal |
4 | | application, completion of 3 hours of training required under |
5 | | Section 75 of this Act, payment of the applicable renewal fee, |
6 | | and completion of an investigation under Section 35 of this |
7 | | Act. The renewal application shall contain the information |
8 | | required in Section 30 of this Act, except that the applicant |
9 | | need not resubmit a full set of fingerprints if the applicant |
10 | | has previously provided a full set of his or her fingerprints |
11 | | to the Illinois State Police under this Act or the Firearm |
12 | | Owners Identification Card Act . |
13 | | (b) This subsection (b) applies on and after the 181st day |
14 | | following the effective date of this amendatory Act of the |
15 | | 101st General Assembly. Applications for renewal of a license |
16 | | shall be made to the Department. A license shall be renewed for |
17 | | a period of 5 years from the date of expiration on the |
18 | | applicant's current license upon the receipt of a completed |
19 | | renewal application, completion of 3 hours of training |
20 | | required under Section 75 of this Act, payment of the |
21 | | applicable renewal fee, and completion of an investigation |
22 | | under Section 35 of this Act. The renewal application shall |
23 | | contain the information required in Section 30 of this Act, |
24 | | except that the applicant need not resubmit a full set of |
25 | | fingerprints.
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26 | | (Source: P.A. 101-80, eff. 7-12-19.)
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1 | | (430 ILCS 66/70) |
2 | | Sec. 70. Violations. |
3 | | (a) A license issued or renewed under this Act shall be |
4 | | revoked if, at any time, the licensee is found to be ineligible |
5 | | for a license under this Act or the licensee no longer meets |
6 | | the eligibility requirements of the Firearm Owners |
7 | | Identification Card Act. |
8 | | (b) A license shall be suspended if an order of |
9 | | protection, including an emergency order of protection, |
10 | | plenary order of protection, or interim order of protection |
11 | | under Article 112A of the Code of Criminal Procedure of 1963 or |
12 | | under the Illinois Domestic Violence Act of 1986, or if a |
13 | | firearms restraining order, including an emergency firearms |
14 | | restraining order, under the Firearms Restraining Order Act, |
15 | | is issued against a licensee for the duration of the order, or |
16 | | if the Department is made aware of a similar order issued |
17 | | against the licensee in any other jurisdiction. If an order of |
18 | | protection is issued against a licensee, the licensee shall |
19 | | surrender the license, as applicable, to the court at the time |
20 | | the order is entered or to the law enforcement agency or entity |
21 | | serving process at the time the licensee is served the order. |
22 | | The court, law enforcement agency, or entity responsible for |
23 | | serving the order of protection shall notify the Department |
24 | | within 7 days and transmit the license to the Department. |
25 | | (c) A license is invalid upon expiration of the license, |
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1 | | unless the licensee has submitted an application to renew the |
2 | | license, and the applicant is otherwise eligible to possess a |
3 | | license under this Act. |
4 | | (d) A licensee shall not carry a concealed firearm while |
5 | | under the influence of alcohol, other drug or drugs, |
6 | | intoxicating compound or combination of compounds, or any |
7 | | combination thereof, under the standards set forth in |
8 | | subsection (a) of Section 11-501 of the Illinois Vehicle Code. |
9 | | A licensee in violation of this subsection (d) shall be |
10 | | guilty of a Class A misdemeanor for a first or second violation |
11 | | and a Class 4 felony for a third violation. The Department may |
12 | | suspend a license for up to 6 months for a second violation and |
13 | | shall permanently revoke a license for a third violation. |
14 | | (e) Except as otherwise provided, a licensee in violation |
15 | | of this Act shall be guilty of a Class B misdemeanor. A second |
16 | | or subsequent violation is a Class A misdemeanor. The |
17 | | Department may suspend a license for up to 6 months for a |
18 | | second violation and shall permanently revoke a license for 3 |
19 | | or more violations of Section 65 of this Act. Any person |
20 | | convicted of a violation under this Section shall pay a $150 |
21 | | fee to be deposited into the Mental Health Reporting Fund, |
22 | | plus any applicable court costs or fees. |
23 | | (f) A licensee convicted or found guilty of a violation of |
24 | | this Act who has a valid license and is otherwise eligible to |
25 | | carry a concealed firearm shall only be subject to the |
26 | | penalties under this Section and shall not be subject to the |
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1 | | penalties under Section 21-6, paragraph (4), (8), or (10) of |
2 | | subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) |
3 | | of paragraph (3) of subsection (a) of Section 24-1.6 of the |
4 | | Criminal Code of 2012. Except as otherwise provided in this |
5 | | subsection, nothing in this subsection prohibits the licensee |
6 | | from being subjected to penalties for violations other than |
7 | | those specified in this Act. |
8 | | (g) A licensee whose license is revoked, suspended, or |
9 | | denied shall, within 48 hours of receiving notice of the |
10 | | revocation, suspension, or denial, surrender his or her |
11 | | concealed carry license to the local law enforcement agency |
12 | | where the person resides. The local law enforcement agency |
13 | | shall provide the licensee a receipt and transmit the |
14 | | concealed carry license to the Department of State Police. If |
15 | | the licensee whose concealed carry license has been revoked, |
16 | | suspended, or denied fails to comply with the requirements of |
17 | | this subsection, the law enforcement agency where the person |
18 | | resides may petition the circuit court to issue a warrant to |
19 | | search for and seize the concealed carry license in the |
20 | | possession and under the custody or control of the licensee |
21 | | whose concealed carry license has been revoked, suspended, or |
22 | | denied. The observation of a concealed carry license in the |
23 | | possession of a person whose license has been revoked, |
24 | | suspended, or denied constitutes a sufficient basis for the |
25 | | arrest of that person for violation of this subsection. A |
26 | | violation of this subsection is a Class A misdemeanor. |
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1 | | (h) Except as otherwise provided in subsection (h-5), a A |
2 | | license issued or renewed under this Act shall be revoked if, |
3 | | at any time, the licensee is found ineligible for a Firearm |
4 | | Owner's Identification Card, or the licensee no longer |
5 | | possesses a valid Firearm Owner's Identification Card. If the |
6 | | Firearm Owner's Identification Card is expired or suspended |
7 | | rather than denied or revoked, the license may be suspended |
8 | | for a period of up to one year to allow the licensee to |
9 | | reinstate his or her Firearm Owner's Identification Card. The |
10 | | Illinois State Police shall adopt rules to enforce this |
11 | | subsection. A licensee whose license is revoked under this |
12 | | subsection (h) shall surrender his or her concealed carry |
13 | | license as provided for in subsection (g) of this Section. |
14 | | This subsection shall not apply to a person who has filed |
15 | | an application with the State Police for renewal of a Firearm
|
16 | | Owner's Identification Card and who is not otherwise |
17 | | ineligible to obtain a Firearm Owner's Identification Card.
|
18 | | (h-5) If the Firearm Owner's Identification Card of a
|
19 | | licensee under this Act expires during the term of the license
|
20 | | issued under this Act, the license and the Firearm Owner's
|
21 | | Identification Card remain valid, and the Illinois State |
22 | | Police
may automatically renew the licensee's Firearm Owner's
|
23 | | Identification Card as provided in subsection (c) of Section 5
|
24 | | of the Firearm Owners Identification Card Act. |
25 | | (i) A certified firearms instructor who knowingly provides |
26 | | or offers to provide a false certification that an applicant |
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1 | | has completed firearms training as required under this Act is |
2 | | guilty of a Class A misdemeanor. A person guilty of a violation |
3 | | of this subsection (i) is not eligible for court supervision. |
4 | | The Department shall permanently revoke the firearms |
5 | | instructor certification of a person convicted under this |
6 | | subsection (i). |
7 | | (Source: P.A. 100-607, eff. 1-1-19 .)
|
8 | | Section 26. The Firearms Restraining Order Act is amended |
9 | | by changing Sections 35 and 40 as follows:
|
10 | | (430 ILCS 67/35)
|
11 | | Sec. 35. Ex parte orders and emergency hearings.
|
12 | | (a) A petitioner may request an emergency firearms |
13 | | restraining order by filing an affidavit or verified pleading |
14 | | alleging that the respondent poses an immediate and present |
15 | | danger of causing personal injury to himself, herself, or |
16 | | another by having in his or her custody or control, |
17 | | purchasing, possessing, or receiving a firearm. The petition |
18 | | shall also describe the type and location of any firearm or |
19 | | firearms presently believed by the petitioner to be possessed |
20 | | or controlled by the respondent.
|
21 | | (b) If the respondent is alleged to pose an immediate and |
22 | | present danger of causing personal injury to an intimate |
23 | | partner, or an intimate partner is alleged to have been the |
24 | | target of a threat or act of violence by the respondent, the |
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1 | | petitioner shall make a good faith effort to provide notice to |
2 | | any and all intimate partners of the respondent. The notice |
3 | | must include that the petitioner intends to petition the court |
4 | | for an emergency firearms restraining order, and, if the |
5 | | petitioner is a law enforcement officer, referral to relevant |
6 | | domestic violence or stalking advocacy or counseling |
7 | | resources, if appropriate. The petitioner shall attest to |
8 | | having provided the notice in the filed affidavit or verified |
9 | | pleading. If, after making a good faith effort, the petitioner |
10 | | is unable to provide notice to any or all intimate partners, |
11 | | the affidavit or verified pleading should describe what |
12 | | efforts were made. |
13 | | (c) Every person who files a petition for an emergency |
14 | | firearms restraining order, knowing the information provided |
15 | | to the court at any hearing or in the affidavit or verified |
16 | | pleading to be false, is guilty of perjury under Section 32-2 |
17 | | of the Criminal Code of 2012.
|
18 | | (d) An emergency firearms restraining order shall be |
19 | | issued on an ex parte basis, that is, without notice to the |
20 | | respondent.
|
21 | | (e) An emergency hearing held on an ex parte basis shall be |
22 | | held the same day that the petition is filed or the next day |
23 | | that the court is in session.
|
24 | | (f) If a circuit or associate judge finds probable cause |
25 | | to believe that the respondent poses an immediate and present |
26 | | danger of causing personal injury to himself, herself, or |
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1 | | another by having in his or her custody or control, |
2 | | purchasing, possessing, or receiving a firearm, the circuit or |
3 | | associate judge shall issue an emergency order.
|
4 | | (f-5) If the court issues an emergency firearms |
5 | | restraining order, it shall, upon a finding of probable cause |
6 | | that the respondent possesses firearms, issue a search warrant |
7 | | directing a law enforcement agency to seize the respondent's |
8 | | firearms. The court may, as part of that warrant, direct the |
9 | | law enforcement agency to search the respondent's residence |
10 | | and other places where the court finds there is probable cause |
11 | | to believe he or she is likely to possess the firearms. |
12 | | (g) An emergency firearms restraining order shall require:
|
13 | | (1) the respondent to refrain from having in his or |
14 | | her custody or control, purchasing, possessing, or |
15 | | receiving additional firearms for the duration of the |
16 | | order pursuant to Section 8.2 of the Firearm Owners |
17 | | Identification Card Act ;
and |
18 | | (2) the respondent to comply with Section 9.5 of the |
19 | | Firearm Owners Identification Card Act turn over to the |
20 | | local law enforcement agency any Firearm Owner's |
21 | | Identification Card and subsection (g) of Section 70 of |
22 | | the Firearm Concealed Carry Act concealed carry license in |
23 | | his or her possession. The local law enforcement agency |
24 | | shall immediately mail the card and concealed carry |
25 | | license to the Department of State Police Firearm Services |
26 | | Bureau for safekeeping. The firearm or firearms and |
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1 | | Firearm Owner's Identification Card and concealed carry |
2 | | license, if unexpired, shall be returned to the respondent |
3 | | after the firearms restraining order is terminated or |
4 | | expired . |
5 | | (h) Except as otherwise provided in subsection (h-5) of |
6 | | this Section, upon expiration of the period of safekeeping, if |
7 | | the firearms or Firearm Owner's Identification Card and |
8 | | concealed carry license cannot be returned to the respondent |
9 | | because the respondent cannot be located, fails to respond to |
10 | | requests to retrieve the firearms, or is not lawfully eligible |
11 | | to possess a firearm, upon petition from the local law |
12 | | enforcement agency, the court may order the local law |
13 | | enforcement agency to destroy the firearms, use the firearms |
14 | | for training purposes, or use the firearms for any other |
15 | | application as deemed appropriate by the local law enforcement |
16 | | agency.
|
17 | | (h-5) A respondent whose Firearm Owner's Identification |
18 | | Card has been revoked or suspended may petition the court, if |
19 | | the petitioner is present in court or has notice of the |
20 | | respondent's petition, to transfer the respondent's firearm to |
21 | | a person who is lawfully able to possess the firearm if the |
22 | | person does not reside at the same address as the respondent. |
23 | | Notice of the petition shall be served upon the person |
24 | | protected by the emergency firearms restraining order. While |
25 | | the order is in effect, the transferee who receives the |
26 | | respondent's firearms must swear or affirm by affidavit that |
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1 | | he or she shall not transfer the firearm to the respondent or |
2 | | to anyone residing in the same residence as the respondent. |
3 | | (h-6) If a person other than the respondent claims title |
4 | | to any firearms surrendered under this Section, he or she may |
5 | | petition the court, if the petitioner is present in court or |
6 | | has notice of the petition, to have the firearm returned to him |
7 | | or her. If the court determines that person to be the lawful |
8 | | owner of the firearm, the firearm shall be returned to him or |
9 | | her, provided that: |
10 | | (1) the firearm is removed from the respondent's |
11 | | custody, control, or possession and the lawful owner |
12 | | agrees to store the firearm in a manner such that the |
13 | | respondent does not have access to or control of the |
14 | | firearm; and |
15 | | (2) the firearm is not otherwise unlawfully possessed |
16 | | by the owner. |
17 | | The person petitioning for the return of his or her |
18 | | firearm must swear or affirm by affidavit that he or she: (i) |
19 | | is the lawful owner of the firearm; (ii) shall not transfer the |
20 | | firearm to the respondent; and (iii) will store the firearm in |
21 | | a manner that the respondent does not have access to or control |
22 | | of the firearm. |
23 | | (i) In accordance with subsection (e) of this Section, the |
24 | | court shall schedule a full hearing as soon as possible, but no |
25 | | longer than 14 days from the issuance of an ex parte firearms |
26 | | restraining order, to determine if a 6-month firearms |
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1 | | restraining order shall be issued. The court may extend an ex |
2 | | parte order as needed, but not to exceed 14 days, to effectuate |
3 | | service of the order or if necessary to continue protection. |
4 | | The court may extend the order for a greater length of time by |
5 | | mutual agreement of the parties.
|
6 | | (Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
|
7 | | (430 ILCS 67/40)
|
8 | | Sec. 40. Six-month orders.
|
9 | | (a) A petitioner may request a 6-month firearms |
10 | | restraining order by filing an affidavit or verified pleading |
11 | | alleging that the respondent poses a significant danger of |
12 | | causing personal injury to himself, herself, or another in the |
13 | | near future by having in his or her custody or control, |
14 | | purchasing, possessing, or receiving a firearm. The petition |
15 | | shall also describe the number, types, and locations of any |
16 | | firearms presently believed by the petitioner to be possessed |
17 | | or controlled by the respondent.
|
18 | | (b) If the respondent is alleged to pose a significant |
19 | | danger of causing personal injury to an intimate partner, or |
20 | | an intimate partner is alleged to have been the target of a |
21 | | threat or act of violence by the respondent, the petitioner |
22 | | shall make a good faith effort to provide notice to any and all |
23 | | intimate partners of the respondent. The notice must include |
24 | | that the petitioner intends to petition the court for a |
25 | | 6-month firearms restraining order, and, if the petitioner is |
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1 | | a law enforcement officer, referral to relevant domestic |
2 | | violence or stalking advocacy or counseling resources, if |
3 | | appropriate. The petitioner shall attest to having provided |
4 | | the notice in the filed affidavit or verified pleading. If, |
5 | | after making a good faith effort, the petitioner is unable to |
6 | | provide notice to any or all intimate partners, the affidavit |
7 | | or verified pleading should describe what efforts were made. |
8 | | (c) Every person who files a petition for a 6-month |
9 | | firearms restraining order, knowing the information provided |
10 | | to the court at any hearing or in the affidavit or verified |
11 | | pleading to be false, is guilty of perjury under Section 32-2 |
12 | | of the Criminal Code of 2012.
|
13 | | (d) Upon receipt of a petition for a 6-month firearms |
14 | | restraining order, the court shall order a hearing within 30 |
15 | | days.
|
16 | | (e) In determining whether to issue a firearms restraining |
17 | | order under this Section, the court shall consider evidence |
18 | | including, but not limited to, the following:
|
19 | | (1) The unlawful and reckless use, display, or |
20 | | brandishing of a firearm by the respondent.
|
21 | | (2) The history of use, attempted use, or threatened |
22 | | use of physical force by the respondent against another |
23 | | person.
|
24 | | (3) Any prior arrest of the respondent for a felony |
25 | | offense. |
26 | | (4) Evidence of the abuse of controlled substances or |
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1 | | alcohol by the respondent. |
2 | | (5) A recent threat of violence or act of violence by |
3 | | the respondent directed toward himself, herself, or |
4 | | another. |
5 | | (6) A violation of an emergency order of protection |
6 | | issued under Section 217 of the Illinois Domestic Violence |
7 | | Act of 1986 or Section 112A-17 of the Code of Criminal |
8 | | Procedure of 1963 or of an order of protection issued |
9 | | under Section 214 of the Illinois Domestic Violence Act of |
10 | | 1986 or Section 112A-14 of the Code of Criminal Procedure |
11 | | of 1963.
|
12 | | (7) A pattern of violent acts or violent threats, |
13 | | including, but not limited to, threats of violence or acts |
14 | | of violence by the respondent directed toward himself, |
15 | | herself, or another. |
16 | | (f) At the hearing, the petitioner shall have the burden |
17 | | of proving, by clear and convincing evidence, that the |
18 | | respondent poses a significant danger of personal injury to |
19 | | himself, herself, or another by having in his or her custody or |
20 | | control, purchasing, possessing, or receiving a firearm. |
21 | | (g) If the court finds that there is clear and convincing |
22 | | evidence to issue a firearms restraining order, the court |
23 | | shall issue a firearms restraining order that shall be in |
24 | | effect for 6 months subject to renewal under Section 45 of this |
25 | | Act or termination under that Section. |
26 | | (g-5) If the court issues a 6-month firearms restraining |
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1 | | order, it shall, upon a finding of probable cause that the |
2 | | respondent possesses firearms, issue a search warrant |
3 | | directing a law enforcement agency to seize the respondent's |
4 | | firearms. The court may, as part of that warrant, direct the |
5 | | law enforcement agency to search the respondent's residence |
6 | | and other places where the court finds there is probable cause |
7 | | to believe he or she is likely to possess the firearms. |
8 | | (h) A 6-month firearms restraining order shall require: |
9 | | (1) the respondent to refrain from having in his or |
10 | | her custody or control, purchasing, possessing, or |
11 | | receiving additional firearms for the duration of the |
12 | | order pursuant to Section 8.2 of the Firearm Owners |
13 | | Identification Card Act ; and |
14 | | (2) the respondent to comply with Section 9.5 of the |
15 | | Firearm Owners Identification Card Act and subsection (g) |
16 | | of Section 70 of the Firearm Concealed Carry Act turn over |
17 | | to the local law enforcement agency any firearm or Firearm |
18 | | Owner's Identification Card and concealed carry license in |
19 | | his or her possession . The local law enforcement agency |
20 | | shall immediately mail the card and concealed carry |
21 | | license to the Department of State Police Firearm Services |
22 | | Bureau for safekeeping. The firearm or firearms and |
23 | | Firearm Owner's Identification Card and concealed carry |
24 | | license, if unexpired, shall be returned to the respondent |
25 | | after the firearms restraining order is terminated or |
26 | | expired. |
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1 | | (i) Except as otherwise provided in subsection (i-5) of |
2 | | this Section, upon expiration of the period of safekeeping, if |
3 | | the firearms or Firearm Owner's Identification Card cannot be |
4 | | returned to the respondent because the respondent cannot be |
5 | | located, fails to respond to requests to retrieve the |
6 | | firearms, or is not lawfully eligible to possess a firearm, |
7 | | upon petition from the local law enforcement agency, the court |
8 | | may order the local law enforcement agency to destroy the |
9 | | firearms, use the firearms for training purposes, or use the |
10 | | firearms for any other application as deemed appropriate by |
11 | | the local law enforcement agency. |
12 | | (i-5) A respondent whose Firearm Owner's Identification |
13 | | Card has been revoked or suspended may petition the court, if |
14 | | the petitioner is present in court or has notice of the |
15 | | respondent's petition, to transfer the respondent's firearm to |
16 | | a person who is lawfully able to possess the firearm if the |
17 | | person does not reside at the same address as the respondent. |
18 | | Notice of the petition shall be served upon the person |
19 | | protected by the emergency firearms restraining order. While |
20 | | the order is in effect, the transferee who receives the |
21 | | respondent's firearms must swear or affirm by affidavit that |
22 | | he or she shall not transfer the firearm to the respondent or |
23 | | to anyone residing in the same residence as the respondent. |
24 | | (i-6) If a person other than the respondent claims title |
25 | | to any firearms surrendered under this Section, he or she may |
26 | | petition the court, if the petitioner is present in court or |
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1 | | has notice of the petition, to have the firearm returned to him |
2 | | or her. If the court determines that person to be the lawful |
3 | | owner of the firearm, the firearm shall be returned to him or |
4 | | her, provided that: |
5 | | (1) the firearm is removed from the respondent's |
6 | | custody, control, or possession and the lawful owner |
7 | | agrees to store the firearm in a manner such that the |
8 | | respondent does not have access to or control of the |
9 | | firearm; and |
10 | | (2) the firearm is not otherwise unlawfully possessed |
11 | | by the owner. |
12 | | The person petitioning for the return of his or her |
13 | | firearm must swear or affirm by affidavit that he or she: (i) |
14 | | is the lawful owner of the firearm; (ii) shall not transfer the |
15 | | firearm to the respondent; and (iii) will store the firearm in |
16 | | a manner that the respondent does not have access to or control |
17 | | of the firearm. |
18 | | (j) If the court does not issue a firearms restraining |
19 | | order at the hearing, the court shall dissolve any emergency |
20 | | firearms restraining order then in effect. |
21 | | (k) When the court issues a firearms restraining order |
22 | | under this Section, the court shall inform the respondent that |
23 | | he or she is entitled to one hearing during the period of the |
24 | | order to request a termination of the order, under Section 45 |
25 | | of this Act, and shall provide the respondent with a form to |
26 | | request a hearing.
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1 | | (Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
|
2 | | Section 30. The Criminal Code of 2012 is amended by |
3 | | changing Section 24-3 as follows:
|
4 | | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
|
5 | | Sec. 24-3. Unlawful sale or delivery of firearms.
|
6 | | (A) A person commits the offense of unlawful sale or |
7 | | delivery of firearms when he
or she knowingly does any of the |
8 | | following:
|
9 | | (a) Sells or gives any firearm of a size which may be |
10 | | concealed upon the
person to any person under 18 years of |
11 | | age.
|
12 | | (b) Sells or gives any firearm to a person under 21 |
13 | | years of age who has
been convicted of a misdemeanor other |
14 | | than a traffic offense or adjudged
delinquent.
|
15 | | (c) Sells or gives any firearm to any narcotic addict.
|
16 | | (d) Sells or gives any firearm to any person who has |
17 | | been convicted of a
felony under the laws of this or any |
18 | | other jurisdiction.
|
19 | | (e) Sells or gives any firearm to any person who has |
20 | | been a patient in a
mental institution within the past 5 |
21 | | years. In this subsection (e): |
22 | | "Mental institution" means any hospital, |
23 | | institution, clinic, evaluation facility, mental |
24 | | health center, or part thereof, which is used |
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1 | | primarily for the care or treatment of persons with |
2 | | mental illness. |
3 | | "Patient in a mental institution" means the person |
4 | | was admitted, either voluntarily or involuntarily, to |
5 | | a mental institution for mental health treatment, |
6 | | unless the treatment was voluntary and solely for an |
7 | | alcohol abuse disorder and no other secondary |
8 | | substance abuse disorder or mental illness.
|
9 | | (f) Sells or gives any firearms to any person who is a |
10 | | person with an intellectual disability.
|
11 | | (g) Delivers any firearm, incidental to a sale, |
12 | | without withholding delivery of the firearm
for at least |
13 | | 72 hours after application for its purchase has been made, |
14 | | or
delivers a stun gun or taser, incidental to a sale,
|
15 | | without withholding delivery of the stun gun or taser for
|
16 | | at least 24 hours after application for its purchase has |
17 | | been made.
However,
this paragraph (g) does not apply to: |
18 | | (1) the sale of a firearm
to a law enforcement officer if |
19 | | the seller of the firearm knows that the person to whom he |
20 | | or she is selling the firearm is a law enforcement officer |
21 | | or the sale of a firearm to a person who desires to |
22 | | purchase a firearm for
use in promoting the public |
23 | | interest incident to his or her employment as a
bank |
24 | | guard, armed truck guard, or other similar employment; (2) |
25 | | a mail
order sale of a firearm from a federally licensed |
26 | | firearms dealer to a nonresident of Illinois under which |
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1 | | the firearm
is mailed to a federally licensed firearms |
2 | | dealer outside the boundaries of Illinois; (3) (blank); |
3 | | (4) the sale of a
firearm to a dealer licensed as a federal |
4 | | firearms dealer under Section 923
of the federal Gun |
5 | | Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or |
6 | | sale of any rifle, shotgun, or other long gun to a resident |
7 | | registered competitor or attendee or non-resident |
8 | | registered competitor or attendee by any dealer licensed |
9 | | as a federal firearms dealer under Section 923 of the |
10 | | federal Gun Control Act of 1968 at competitive shooting |
11 | | events held at the World Shooting Complex sanctioned by a |
12 | | national governing body. For purposes of transfers or |
13 | | sales under subparagraph (5) of this paragraph (g), the |
14 | | Department of Natural Resources shall give notice to the |
15 | | Department of State Police at least 30 calendar days prior |
16 | | to any competitive shooting events at the World Shooting |
17 | | Complex sanctioned by a national governing body. The |
18 | | notification shall be made on a form prescribed by the |
19 | | Department of State Police. The sanctioning body shall |
20 | | provide a list of all registered competitors and attendees |
21 | | at least 24 hours before the events to the Department of |
22 | | State Police. Any changes to the list of registered |
23 | | competitors and attendees shall be forwarded to the |
24 | | Department of State Police as soon as practicable. The |
25 | | Department of State Police must destroy the list of |
26 | | registered competitors and attendees no later than 30 days |
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1 | | after the date of the event. Nothing in this paragraph (g) |
2 | | relieves a federally licensed firearm dealer from the |
3 | | requirements of conducting a NICS background check through |
4 | | the Illinois Point of Contact under 18 U.S.C. 922(t). For |
5 | | purposes of this paragraph (g), "application" means when |
6 | | the buyer and seller reach an agreement to purchase a |
7 | | firearm.
For purposes of this paragraph (g), "national |
8 | | governing body" means a group of persons who adopt rules |
9 | | and formulate policy on behalf of a national firearm |
10 | | sporting organization.
|
11 | | (h) While holding any license
as a dealer,
importer, |
12 | | manufacturer or pawnbroker
under the federal Gun Control |
13 | | Act of 1968,
manufactures, sells or delivers to any |
14 | | unlicensed person a handgun having
a barrel, slide, frame |
15 | | or receiver which is a die casting of zinc alloy or
any |
16 | | other nonhomogeneous metal which will melt or deform at a |
17 | | temperature
of less than 800 degrees Fahrenheit. For |
18 | | purposes of this paragraph, (1)
"firearm" is defined as in |
19 | | the Firearm Owners Identification Card Act; and (2)
|
20 | | "handgun" is defined as a firearm designed to be held
and |
21 | | fired by the use of a single hand, and includes a |
22 | | combination of parts from
which such a firearm can be |
23 | | assembled.
|
24 | | (i) Sells or gives a firearm of any size to any person |
25 | | under 18 years of
age who does not possess a valid Firearm |
26 | | Owner's Identification Card.
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1 | | (j) Sells or gives a firearm while engaged in the |
2 | | business of selling
firearms at wholesale or retail |
3 | | without being licensed as a federal firearms
dealer under |
4 | | Section 923 of the federal Gun Control Act of 1968 (18 |
5 | | U.S.C.
923). In this paragraph (j):
|
6 | | A person "engaged in the business" means a person who |
7 | | devotes time,
attention, and
labor to
engaging in the |
8 | | activity as a regular course of trade or business with the
|
9 | | principal objective of livelihood and profit, but does not |
10 | | include a person who
makes occasional repairs of firearms |
11 | | or who occasionally fits special barrels,
stocks, or |
12 | | trigger mechanisms to firearms.
|
13 | | "With the principal objective of livelihood and |
14 | | profit" means that the
intent
underlying the sale or |
15 | | disposition of firearms is predominantly one of
obtaining |
16 | | livelihood and pecuniary gain, as opposed to other |
17 | | intents, such as
improving or liquidating a personal |
18 | | firearms collection; however, proof of
profit shall not be |
19 | | required as to a person who engages in the regular and
|
20 | | repetitive purchase and disposition of firearms for |
21 | | criminal purposes or
terrorism.
|
22 | | (k) Sells or transfers ownership of a firearm to a |
23 | | person in violation of Section 3 of the Firearm Owners |
24 | | Identification Card Act who does not display to the seller |
25 | | or transferor of the firearm either: (1) a currently valid |
26 | | Firearm Owner's Identification Card that has previously |
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1 | | been issued in the transferee's name by the Department of |
2 | | State Police under the provisions of the Firearm Owners |
3 | | Identification Card Act; or (2) a currently valid license |
4 | | to carry a concealed firearm that has previously been |
5 | | issued in the transferee's name by the
Department of State |
6 | | Police under the Firearm Concealed Carry Act . This |
7 | | paragraph (k) does not apply to the transfer of a firearm |
8 | | to a person who is exempt from the requirement of |
9 | | possessing a Firearm Owner's Identification Card under |
10 | | Section 2 of the Firearm Owners Identification Card Act. |
11 | | For the purposes of this Section, a currently valid |
12 | | Firearm Owner's Identification Card means (i) a Firearm |
13 | | Owner's Identification Card that has not expired or (ii) |
14 | | an approval number issued in accordance with subsection |
15 | | (a-10) of subsection 3 or Section 3.1 of the Firearm |
16 | | Owners Identification Card Act shall be proof that the |
17 | | Firearm Owner's Identification Card was valid. |
18 | | (1) (Blank). In addition to the other requirements |
19 | | of this paragraph (k), all persons who are not |
20 | | federally licensed firearms dealers must also have |
21 | | complied with subsection (a-10) of Section 3 of the |
22 | | Firearm Owners Identification Card Act by determining |
23 | | the validity of a purchaser's Firearm Owner's |
24 | | Identification Card. |
25 | | (2) All sellers or transferors who have complied |
26 | | with the requirements of subparagraph (1) of this |
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1 | | paragraph (k) shall not be liable for damages in any |
2 | | civil action arising from the use or misuse by the |
3 | | transferee of the firearm transferred, except for |
4 | | willful or wanton misconduct on the part of the seller |
5 | | or transferor. |
6 | | (l) Not
being entitled to the possession of a firearm, |
7 | | delivers the
firearm, knowing it to have been stolen or |
8 | | converted. It may be inferred that
a person who possesses |
9 | | a firearm with knowledge that its serial number has
been |
10 | | removed or altered has knowledge that the firearm is |
11 | | stolen or converted. |
12 | | (B) Paragraph (h) of subsection (A) does not include |
13 | | firearms sold within 6
months after enactment of Public
Act |
14 | | 78-355 (approved August 21, 1973, effective October 1, 1973), |
15 | | nor is any
firearm legally owned or
possessed by any citizen or |
16 | | purchased by any citizen within 6 months after the
enactment |
17 | | of Public Act 78-355 subject
to confiscation or seizure under |
18 | | the provisions of that Public Act. Nothing in
Public Act |
19 | | 78-355 shall be construed to prohibit the gift or trade of
any |
20 | | firearm if that firearm was legally held or acquired within 6 |
21 | | months after
the enactment of that Public Act.
|
22 | | (C) Sentence.
|
23 | | (1) Any person convicted of unlawful sale or delivery |
24 | | of firearms in violation of
paragraph (c), (e), (f), (g), |
25 | | or (h) of subsection (A) commits a Class
4
felony.
|
26 | | (2) Any person convicted of unlawful sale or delivery |
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1 | | of firearms in violation of
paragraph (b) or (i) of |
2 | | subsection (A) commits a Class 3 felony.
|
3 | | (3) Any person convicted of unlawful sale or delivery |
4 | | of firearms in violation of
paragraph (a) of subsection |
5 | | (A) commits a Class 2 felony.
|
6 | | (4) Any person convicted of unlawful sale or delivery |
7 | | of firearms in violation of
paragraph (a), (b), or (i) of |
8 | | subsection (A) in any school, on the real
property |
9 | | comprising a school, within 1,000 feet of the real |
10 | | property comprising
a school, at a school related |
11 | | activity, or on or within 1,000 feet of any
conveyance |
12 | | owned, leased, or contracted by a school or school |
13 | | district to
transport students to or from school or a |
14 | | school related activity,
regardless of the time of day or |
15 | | time of year at which the offense
was committed, commits a |
16 | | Class 1 felony. Any person convicted of a second
or |
17 | | subsequent violation of unlawful sale or delivery of |
18 | | firearms in violation of paragraph
(a), (b), or (i) of |
19 | | subsection (A) in any school, on the real property
|
20 | | comprising a school, within 1,000 feet of the real |
21 | | property comprising a
school, at a school related |
22 | | activity, or on or within 1,000 feet of any
conveyance |
23 | | owned, leased, or contracted by a school or school |
24 | | district to
transport students to or from school or a |
25 | | school related activity,
regardless of the time of day or |
26 | | time of year at which the offense
was committed, commits a |
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1 | | Class 1 felony for which the sentence shall be a
term of |
2 | | imprisonment of no less than 5 years and no more than 15 |
3 | | years.
|
4 | | (5) Any person convicted of unlawful sale or delivery |
5 | | of firearms in violation of
paragraph (a) or (i) of |
6 | | subsection (A) in residential property owned,
operated, or |
7 | | managed by a public housing agency or leased by a public |
8 | | housing
agency as part of a scattered site or mixed-income |
9 | | development, in a public
park, in a
courthouse, on |
10 | | residential property owned, operated, or managed by a |
11 | | public
housing agency or leased by a public housing agency |
12 | | as part of a scattered site
or mixed-income development, |
13 | | on the real property comprising any public park,
on the |
14 | | real
property comprising any courthouse, or on any public |
15 | | way within 1,000 feet
of the real property comprising any |
16 | | public park, courthouse, or residential
property owned, |
17 | | operated, or managed by a public housing agency or leased |
18 | | by a
public housing agency as part of a scattered site or |
19 | | mixed-income development
commits a
Class 2 felony.
|
20 | | (6) Any person convicted of unlawful sale or delivery |
21 | | of firearms in violation of
paragraph (j) of subsection |
22 | | (A) commits a Class A misdemeanor. A second or
subsequent |
23 | | violation is a Class 4 felony. |
24 | | (7) Any person convicted of unlawful sale or delivery |
25 | | of firearms in violation of paragraph (k) of subsection |
26 | | (A) commits a Class 4 felony, except that a violation of |
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1 | | item (G) of subsection (a-5) of Section 3 of the Firearm |
2 | | Owners Identification Card Act is a Class A misdemeanor |
3 | | subparagraph (1) of paragraph (k) of subsection (A) shall |
4 | | not be punishable as a crime or petty offense . A third or |
5 | | subsequent conviction for a violation of paragraph (k) of |
6 | | subsection (A) is a Class 1 felony.
|
7 | | (8) A person 18 years of age or older convicted of |
8 | | unlawful sale or delivery of firearms in violation of |
9 | | paragraph (a) or (i) of subsection (A), when the firearm |
10 | | that was sold or given to another person under 18 years of |
11 | | age was used in the commission of or attempt to commit a |
12 | | forcible felony, shall be fined or imprisoned, or both, |
13 | | not to exceed the maximum provided for the most serious |
14 | | forcible felony so committed or attempted by the person |
15 | | under 18 years of age who was sold or given the firearm. |
16 | | (9) Any person convicted of unlawful sale or delivery |
17 | | of firearms in violation of
paragraph (d) of subsection |
18 | | (A) commits a Class 3 felony. |
19 | | (10) Any person convicted of unlawful sale or delivery |
20 | | of firearms in violation of paragraph (l) of subsection |
21 | | (A) commits a Class 2 felony if the delivery is of one |
22 | | firearm. Any person convicted of unlawful sale or delivery |
23 | | of firearms in violation of paragraph (l) of subsection |
24 | | (A) commits a Class 1 felony if the delivery is of not less |
25 | | than 2 and not more than 5 firearms at the
same time or |
26 | | within a one year period. Any person convicted of unlawful |
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1 | | sale or delivery of firearms in violation of paragraph (l) |
2 | | of subsection (A) commits a Class X felony for which he or |
3 | | she shall be sentenced
to a term of imprisonment of not |
4 | | less than 6 years and not more than 30
years if the |
5 | | delivery is of not less than 6 and not more than 10 |
6 | | firearms at the
same time or within a 2 year period. Any |
7 | | person convicted of unlawful sale or delivery of firearms |
8 | | in violation of paragraph (l) of subsection (A) commits a |
9 | | Class X felony for which he or she shall be sentenced
to a |
10 | | term of imprisonment of not less than 6 years and not more |
11 | | than 40
years if the delivery is of not less than 11 and |
12 | | not more than 20 firearms at the
same time or within a 3 |
13 | | year period. Any person convicted of unlawful sale or |
14 | | delivery of firearms in violation of paragraph (l) of |
15 | | subsection (A) commits a Class X felony for which he or she |
16 | | shall be sentenced
to a term of imprisonment of not less |
17 | | than 6 years and not more than 50
years if the delivery is |
18 | | of not less than 21 and not more than 30 firearms at the
|
19 | | same time or within a 4 year period. Any person convicted |
20 | | of unlawful sale or delivery of firearms in violation of |
21 | | paragraph (l) of subsection (A) commits a Class X felony |
22 | | for which he or she shall be sentenced
to a term of |
23 | | imprisonment of not less than 6 years and not more than 60
|
24 | | years if the delivery is of 31 or more firearms at the
same |
25 | | time or within a 5 year period. |
26 | | (D) For purposes of this Section:
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1 | | "School" means a public or private elementary or secondary |
2 | | school,
community college, college, or university.
|
3 | | "School related activity" means any sporting, social, |
4 | | academic, or
other activity for which students' attendance or |
5 | | participation is sponsored,
organized, or funded in whole or |
6 | | in part by a school or school district.
|
7 | | (E) A prosecution for a violation of paragraph (k) of |
8 | | subsection (A) of this Section may be commenced within 6 years |
9 | | after the commission of the offense. A prosecution for a |
10 | | violation of this Section other than paragraph (g) of |
11 | | subsection (A) of this Section may be commenced within 5 years |
12 | | after the commission of the offense defined in the particular |
13 | | paragraph.
|
14 | | (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; |
15 | | 99-642, eff. 7-28-16; 100-606, eff. 1-1-19 .)
|
16 | | Section 35. The Code of Criminal Procedure of 1963 is |
17 | | amended by changing Sections 110-10 and 112A-14 as follows:
|
18 | | (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
|
19 | | Sec. 110-10. Conditions of bail bond.
|
20 | | (a) If a person is released prior to conviction, either |
21 | | upon payment of
bail security or on his or her own |
22 | | recognizance, the conditions of the bail
bond shall be that he |
23 | | or she will:
|
24 | | (1) Appear to answer the charge in the court having |
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1 | | jurisdiction on
a day certain and thereafter as ordered by |
2 | | the court until discharged or
final order of the court;
|
3 | | (2) Submit himself or herself to the orders and |
4 | | process of the court;
|
5 | | (3) Not depart this State without leave of the court;
|
6 | | (4) Not violate any criminal statute of any |
7 | | jurisdiction;
|
8 | | (5) At a time and place designated by the court, the |
9 | | defendant shall physically surrender all firearms in his |
10 | | or her possession to a law enforcement agency designated |
11 | | by the court to take custody of and impound the firearms |
12 | | and physically surrender his or her Firearm Owner's |
13 | | Identification Card to the law enforcement agency as a |
14 | | condition of remaining on bond pending trial surrender all |
15 | | firearms
in his or her possession to a law enforcement |
16 | | officer designated by the court
to take custody of and |
17 | | impound the firearms
and physically
surrender his or her |
18 | | Firearm Owner's Identification Card to the clerk of the
|
19 | | circuit court
when the offense the person has
been charged |
20 | | with is a forcible felony, stalking, aggravated stalking, |
21 | | domestic
battery, any violation of the Illinois Controlled |
22 | | Substances Act, the Methamphetamine Control and Community |
23 | | Protection Act, or the
Cannabis Control Act that is |
24 | | classified as a Class 2 or greater felony, or any
felony |
25 | | violation of Article 24 of the Criminal Code of 1961 or the |
26 | | Criminal Code of 2012 . A defendant whose Firearm Owner's |
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1 | | Identification Card has been revoked or suspended may |
2 | | petition the court to transfer the defendant's firearm to |
3 | | a person who is lawfully able to possess the firearm if the |
4 | | person does not reside at the same address as the |
5 | | defendant. Any transfer must be conducted under Section 3 |
6 | | of the Firearm Owners Identification Card Act. The |
7 | | transferee who receives the defendant's firearms must |
8 | | swear or affirm by affidavit that he or she shall not |
9 | | transfer the firearm to the defendant or to anyone |
10 | | residing in the same residence as the defendant, until the |
11 | | defendant's Firearm Owner's Identification Card has been |
12 | | reinstated. The law enforcement agency, upon transfer of |
13 | | the firearms, shall require the defendant to complete a |
14 | | Firearm Disposition Record under Section 9.5 of the |
15 | | Firearm Owners Identification Card Act and provide a copy |
16 | | to the Illinois State Police along with the defendant's |
17 | | Firearm Owner's Identification Card ; the court
may,
|
18 | | however, forgo the imposition of this condition when the |
19 | | defendant has provided proof to the court that he or she |
20 | | has legally disposed or transferred his or her firearms |
21 | | and returned his or her Firearm Owner's Identification |
22 | | Card to the Illinois State Police. If the court finds the |
23 | | circumstances of the case clearly do not warrant it or |
24 | | when its imposition would be impractical, the court shall |
25 | | indicate on the record and in writing and the court's |
26 | | basis for making the determination when the
circumstances |
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1 | | of the
case clearly do not warrant it or when its |
2 | | imposition would be
impractical ; all legally possessed |
3 | | firearms shall be returned to the person upon proof being |
4 | | provided to the law enforcement agency of the |
5 | | reinstatement of the person's Firearm Owner's |
6 | | Identification Card;
if the Firearm Owner's Identification |
7 | | Card is confiscated, the clerk of the circuit court shall |
8 | | mail the confiscated card to the Illinois State Police; |
9 | | all legally possessed firearms shall be returned to the |
10 | | person upon
the charges being dismissed, or if the person |
11 | | is found not guilty, unless the
finding of not guilty is by |
12 | | reason of insanity; and
|
13 | | (6) At a time and place designated by the court, |
14 | | submit to a
psychological
evaluation when the person has |
15 | | been charged with a violation of item (4) of
subsection
|
16 | | (a) of Section 24-1 of the Criminal Code of 1961 or the |
17 | | Criminal Code of 2012 and that violation occurred in
a |
18 | | school
or in any conveyance owned, leased, or contracted |
19 | | by a school to transport
students to or
from school or a |
20 | | school-related activity, or on any public way within 1,000
|
21 | | feet of real
property comprising any school.
|
22 | | Psychological evaluations ordered pursuant to this Section |
23 | | shall be completed
promptly
and made available to the State, |
24 | | the defendant, and the court. As a further
condition of bail |
25 | | under
these circumstances, the court shall order the defendant |
26 | | to refrain from
entering upon the
property of the school, |
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1 | | including any conveyance owned, leased, or contracted
by a |
2 | | school to
transport students to or from school or a |
3 | | school-related activity, or on any public way within
1,000 |
4 | | feet of real property comprising any school. Upon receipt of |
5 | | the psychological evaluation,
either the State or the |
6 | | defendant may request a change in the conditions of bail, |
7 | | pursuant to
Section 110-6 of this Code. The court may change |
8 | | the conditions of bail to include a
requirement that the |
9 | | defendant follow the recommendations of the psychological |
10 | | evaluation,
including undergoing psychiatric treatment. The |
11 | | conclusions of the
psychological evaluation and
any statements |
12 | | elicited from the defendant during its administration are not
|
13 | | admissible as evidence
of guilt during the course of any trial |
14 | | on the charged offense, unless the
defendant places his or her
|
15 | | mental competency in issue.
|
16 | | (b) The court may impose other conditions, such as the |
17 | | following, if the
court finds that such conditions are |
18 | | reasonably necessary to assure the
defendant's appearance in |
19 | | court, protect the public from the defendant, or
prevent the |
20 | | defendant's unlawful interference with the orderly |
21 | | administration
of justice:
|
22 | | (1) Report to or appear in person before such person |
23 | | or agency as the
court may direct;
|
24 | | (2) Refrain from possessing a firearm or other |
25 | | dangerous weapon;
|
26 | | (3) Refrain from approaching or communicating with |
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1 | | particular persons or
classes of persons;
|
2 | | (4) Refrain from going to certain described |
3 | | geographical areas or
premises;
|
4 | | (5) Refrain from engaging in certain activities or |
5 | | indulging in
intoxicating liquors or in certain drugs;
|
6 | | (6) Undergo treatment for drug addiction or |
7 | | alcoholism;
|
8 | | (7) Undergo medical or psychiatric treatment;
|
9 | | (8) Work or pursue a course of study or vocational |
10 | | training;
|
11 | | (9) Attend or reside in a facility designated by the |
12 | | court;
|
13 | | (10) Support his or her dependents;
|
14 | | (11) If a minor resides with his or her parents or in a |
15 | | foster home,
attend school, attend a non-residential |
16 | | program for youths, and contribute
to his or her own |
17 | | support at home or in a foster home;
|
18 | | (12) Observe any curfew ordered by the court;
|
19 | | (13) Remain in the custody of such designated person |
20 | | or organization
agreeing to supervise his release. Such |
21 | | third party custodian shall be
responsible for notifying |
22 | | the court if the defendant fails to observe the
conditions |
23 | | of release which the custodian has agreed to monitor, and |
24 | | shall
be subject to contempt of court for failure so to |
25 | | notify the court;
|
26 | | (14) Be placed under direct supervision of the |
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1 | | Pretrial Services
Agency, Probation Department or Court |
2 | | Services Department in a pretrial
bond home supervision |
3 | | capacity with or without the use of an approved
electronic |
4 | | monitoring device subject to Article 8A of Chapter V of |
5 | | the
Unified Code of Corrections;
|
6 | | (14.1) The court shall impose upon a defendant who is |
7 | | charged with any
alcohol, cannabis, methamphetamine, or |
8 | | controlled substance violation and is placed under
direct |
9 | | supervision of the Pretrial Services Agency, Probation |
10 | | Department or
Court Services Department in a pretrial bond |
11 | | home supervision capacity with
the use of an approved |
12 | | monitoring device, as a condition of such bail bond,
a fee |
13 | | that represents costs incidental to the electronic |
14 | | monitoring for each
day of such bail supervision ordered |
15 | | by the
court, unless after determining the inability of |
16 | | the defendant to pay the
fee, the court assesses a lesser |
17 | | fee or no fee as the case may be. The fee
shall be |
18 | | collected by the clerk of the circuit court, except as |
19 | | provided in an administrative order of the Chief Judge of |
20 | | the circuit court. The clerk of the
circuit court shall |
21 | | pay all monies collected from this fee to the county
|
22 | | treasurer for deposit in the substance abuse services fund |
23 | | under Section
5-1086.1 of the Counties Code, except as |
24 | | provided in an administrative order of the Chief Judge of |
25 | | the circuit court. |
26 | | The Chief Judge of the circuit court of the county may |
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1 | | by administrative order establish a program for electronic |
2 | | monitoring of offenders with regard to drug-related and |
3 | | alcohol-related offenses, in which a vendor supplies and |
4 | | monitors the operation of the electronic monitoring |
5 | | device, and collects the fees on behalf of the county. The |
6 | | program shall include provisions for indigent offenders |
7 | | and the collection of unpaid fees. The program shall not |
8 | | unduly burden the offender and shall be subject to review |
9 | | by the Chief Judge. |
10 | | The Chief Judge of the circuit court may suspend any |
11 | | additional charges or fees for late payment, interest, or |
12 | | damage to any device;
|
13 | | (14.2) The court shall impose upon all defendants, |
14 | | including those
defendants subject to paragraph (14.1) |
15 | | above, placed under direct supervision
of the Pretrial |
16 | | Services Agency, Probation Department or Court Services
|
17 | | Department in a pretrial bond home supervision capacity |
18 | | with the use of an
approved monitoring device, as a |
19 | | condition of such bail bond, a fee
which shall represent |
20 | | costs incidental to such
electronic monitoring for each |
21 | | day of such bail supervision ordered by the
court, unless |
22 | | after determining the inability of the defendant to pay |
23 | | the fee,
the court assesses a lesser fee or no fee as the |
24 | | case may be. The fee shall be
collected by the clerk of the |
25 | | circuit court, except as provided in an administrative |
26 | | order of the Chief Judge of the circuit court. The clerk of |
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1 | | the circuit court
shall pay all monies collected from this |
2 | | fee to the county treasurer who shall
use the monies |
3 | | collected to defray the costs of corrections. The county
|
4 | | treasurer shall deposit the fee collected in the county |
5 | | working cash fund under
Section 6-27001 or Section 6-29002 |
6 | | of the Counties Code, as the case may
be, except as |
7 | | provided in an administrative order of the Chief Judge of |
8 | | the circuit court. |
9 | | The Chief Judge of the circuit court of the county may |
10 | | by administrative order establish a program for electronic |
11 | | monitoring of offenders with regard to drug-related and |
12 | | alcohol-related offenses, in which a vendor supplies and |
13 | | monitors the operation of the electronic monitoring |
14 | | device, and collects the fees on behalf of the county. The |
15 | | program shall include provisions for indigent offenders |
16 | | and the collection of unpaid fees. The program shall not |
17 | | unduly burden the offender and shall be subject to review |
18 | | by the Chief Judge. |
19 | | The Chief Judge of the circuit court may suspend any |
20 | | additional charges or fees for late payment, interest, or |
21 | | damage to any device;
|
22 | | (14.3) The Chief Judge of the Judicial Circuit may |
23 | | establish reasonable
fees to be paid by a person receiving |
24 | | pretrial services while under supervision
of a pretrial |
25 | | services agency, probation department, or court services
|
26 | | department. Reasonable fees may be charged for pretrial |
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1 | | services
including, but not limited to, pretrial |
2 | | supervision, diversion programs,
electronic monitoring, |
3 | | victim impact services, drug and alcohol testing, DNA |
4 | | testing, GPS electronic monitoring, assessments and |
5 | | evaluations related to domestic violence and other |
6 | | victims, and
victim mediation services. The person |
7 | | receiving pretrial services may be
ordered to pay all |
8 | | costs incidental to pretrial services in accordance with |
9 | | his
or her ability to pay those costs;
|
10 | | (14.4) For persons charged with violating Section |
11 | | 11-501 of the Illinois
Vehicle Code, refrain from |
12 | | operating a motor vehicle not equipped with an
ignition |
13 | | interlock device, as defined in Section 1-129.1 of the |
14 | | Illinois
Vehicle Code,
pursuant to the rules promulgated |
15 | | by the Secretary of State for the
installation of ignition
|
16 | | interlock devices. Under this condition the court may |
17 | | allow a defendant who is
not
self-employed to operate a |
18 | | vehicle owned by the defendant's employer that is
not |
19 | | equipped with an ignition interlock device in the course |
20 | | and scope of the
defendant's employment;
|
21 | | (15) Comply with the terms and conditions of an order |
22 | | of protection
issued by the court under the Illinois |
23 | | Domestic Violence Act of 1986 or an
order of protection |
24 | | issued by the court of another state, tribe, or United
|
25 | | States territory;
|
26 | | (16) Under Section 110-6.5 comply with the conditions |
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1 | | of the drug testing
program; and
|
2 | | (17) Such other reasonable conditions as the court may |
3 | | impose.
|
4 | | (c) When a person is charged with an offense under Section |
5 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
|
6 | | 12-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the |
7 | | Criminal Code of 2012, involving a victim who is a
minor under |
8 | | 18 years of age living in the same household with the defendant
|
9 | | at the time of the offense, in granting bail or releasing the |
10 | | defendant on
his own recognizance, the judge shall impose |
11 | | conditions to restrict the
defendant's access to the victim |
12 | | which may include, but are not limited to
conditions that he |
13 | | will:
|
14 | | 1. Vacate the household.
|
15 | | 2. Make payment of temporary support to his |
16 | | dependents.
|
17 | | 3. Refrain from contact or communication with the |
18 | | child victim, except
as ordered by the court.
|
19 | | (d) When a person is charged with a criminal offense and |
20 | | the victim is
a family or household member as defined in |
21 | | Article 112A, conditions shall
be imposed at the time of the |
22 | | defendant's release on bond that restrict the
defendant's |
23 | | access to the victim.
Unless provided otherwise by the court, |
24 | | the
restrictions shall include
requirements that the defendant |
25 | | do the following:
|
26 | | (1) refrain from contact or communication with the |
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1 | | victim for a
minimum period of 72 hours following the |
2 | | defendant's release; and
|
3 | | (2) refrain from entering or remaining at the victim's |
4 | | residence for a
minimum period of 72 hours following the |
5 | | defendant's release.
|
6 | | (e) Local law enforcement agencies shall develop |
7 | | standardized bond forms
for use in cases involving family or |
8 | | household members as defined in
Article 112A, including |
9 | | specific conditions of bond as provided in
subsection (d). |
10 | | Failure of any law enforcement department to develop or use
|
11 | | those forms shall in no way limit the applicability and |
12 | | enforcement of
subsections (d) and (f).
|
13 | | (f) If the defendant is admitted to bail after conviction |
14 | | the
conditions of the bail bond shall be that he will, in |
15 | | addition to the
conditions set forth in subsections (a) and |
16 | | (b) hereof:
|
17 | | (1) Duly prosecute his appeal;
|
18 | | (2) Appear at such time and place as the court may |
19 | | direct;
|
20 | | (3) Not depart this State without leave of the court;
|
21 | | (4) Comply with such other reasonable conditions as |
22 | | the court may
impose; and
|
23 | | (5) If the judgment is affirmed or the cause reversed |
24 | | and remanded
for a new trial, forthwith surrender to the |
25 | | officer from whose custody
he was bailed.
|
26 | | (g) Upon a finding of guilty for any felony offense, the |
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1 | | defendant shall physically surrender, at a time and place |
2 | | designated by the court, all firearms in his or her possession |
3 | | to a law enforcement officer designated by the court to take |
4 | | custody of and impound the firearms and physically surrender |
5 | | his or her Firearm Owner's Identification Card to the law |
6 | | enforcement agency as a condition of remaining on bond pending |
7 | | sentencing. A defendant whose Firearm Owner's Identification |
8 | | Card has been revoked or suspended may petition the court to |
9 | | transfer the defendant's firearm to a person who is lawfully |
10 | | able to possess the firearm if the person does not reside at |
11 | | the same address as the defendant. Any transfer must be |
12 | | conducted under Section 3 of the Firearm Owners Identification |
13 | | Card Act. The transferee who receives the defendant's firearms |
14 | | must swear or affirm by affidavit that he or she shall not |
15 | | transfer the firearm to the defendant or to anyone residing in |
16 | | the same residence as the defendant, until the defendant's |
17 | | Firearm Owner's Identification Card has been reinstated. The |
18 | | law enforcement agency, upon transfer of the firearms, shall |
19 | | require the defendant to complete a Firearm Disposition Record |
20 | | under Section 9.5 of the Firearm Owners Identification Card |
21 | | Act and provide a copy to the Illinois State Police along with |
22 | | the defendant's Firearm Owner's Identification Card the |
23 | | defendant shall
physically surrender, at a time and place |
24 | | designated by the court,
any and all firearms in his or her |
25 | | possession and his or her Firearm Owner's
Identification Card |
26 | | as a condition of remaining on bond pending sentencing.
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1 | | (h) Upon indictment for any felony offense, the defendant |
2 | | shall physically surrender, at a time and place designated by |
3 | | the court, all firearms in his or her possession to a law |
4 | | enforcement officer designated by the court to take custody of |
5 | | and impound the firearms and physically surrender his or her |
6 | | Firearm Owner's Identification Card to the law enforcement |
7 | | agency as a condition of remaining on bond pending trial. A |
8 | | defendant whose Firearm Owner's Identification Card has been |
9 | | revoked or suspended may petition the court to transfer the |
10 | | defendant's firearm to a person who is lawfully able to |
11 | | possess the firearm if the person does not reside at the same |
12 | | address as the defendant. Any transfer must be conducted under |
13 | | Section 3 of the Firearm Owners Identification Card Act. The |
14 | | transferee who receives the defendant's firearms must swear or |
15 | | affirm by affidavit that he or she shall not transfer the |
16 | | firearm to the defendant or to anyone residing in the same |
17 | | residence as the defendant, until the defendant's Firearm |
18 | | Owner's Identification Card has been reinstated. The law |
19 | | enforcement agency upon transfer of the firearms shall require |
20 | | the defendant to complete a Firearm Disposition Record under |
21 | | Section 9.5 of the Firearm Owners Identification Card Act and |
22 | | provide a copy to the Illinois State Police along with the |
23 | | defendants Firearm Owner's Identification Card. All legally |
24 | | possessed firearms shall be returned to the person upon proof |
25 | | being provided to the law enforcement agency of the |
26 | | reinstatement of the person's Firearm Owner's Identification |
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1 | | Card. |
2 | | (i) (h) In the event the defendant is unable to post bond, |
3 | | the court may impose a no contact provision with the victim or |
4 | | other interested party that shall be enforced while the |
5 | | defendant remains in custody. |
6 | | (Source: P.A. 101-138, eff. 1-1-20 .)
|
7 | | (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
|
8 | | Sec. 112A-14. Domestic violence order of protection; |
9 | | remedies.
|
10 | | (a) (Blank).
|
11 | | (b) The court may order any of the remedies listed in this |
12 | | subsection (b).
The remedies listed in this subsection (b) |
13 | | shall be in addition to other civil
or criminal remedies |
14 | | available to petitioner.
|
15 | | (1) Prohibition of abuse. Prohibit respondent's |
16 | | harassment,
interference with personal liberty, |
17 | | intimidation of a dependent, physical
abuse, or willful |
18 | | deprivation, as defined in this Article, if such abuse has
|
19 | | occurred or otherwise appears likely to occur if not |
20 | | prohibited.
|
21 | | (2) Grant of exclusive possession of residence. |
22 | | Prohibit respondent
from entering or remaining in any |
23 | | residence, household, or premises of the petitioner,
|
24 | | including one owned or leased by respondent, if petitioner |
25 | | has a right
to occupancy thereof. The grant of exclusive |
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1 | | possession of the residence, household, or premises
shall |
2 | | not affect title to real property, nor shall the court be |
3 | | limited by
the standard set forth in subsection (c-2) of |
4 | | Section 501 of the Illinois Marriage and
Dissolution of |
5 | | Marriage Act.
|
6 | | (A) Right to occupancy. A party has a right to |
7 | | occupancy of a
residence or household if it is
solely |
8 | | or jointly owned or leased by that party, that party's |
9 | | spouse, a
person with a legal duty to support that |
10 | | party or a minor child in that
party's care, or by any |
11 | | person or entity other than the opposing party that
|
12 | | authorizes that party's occupancy (e.g., a domestic |
13 | | violence shelter).
Standards set forth in subparagraph |
14 | | (B) shall not preclude equitable relief.
|
15 | | (B) Presumption of hardships. If petitioner and |
16 | | respondent
each has the right to occupancy of a |
17 | | residence or household, the court
shall balance (i) |
18 | | the hardships to respondent and any minor child or
|
19 | | dependent adult in respondent's care resulting from |
20 | | entry of this remedy with (ii)
the hardships to |
21 | | petitioner and any minor child or dependent adult in
|
22 | | petitioner's care resulting from continued exposure to |
23 | | the risk of abuse (should
petitioner remain at the |
24 | | residence or household) or from loss of possession
of |
25 | | the residence or household (should petitioner leave to |
26 | | avoid the risk
of abuse). When determining the balance |
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1 | | of hardships, the court shall also
take into account |
2 | | the accessibility of the residence or household.
|
3 | | Hardships need not be balanced if respondent does not |
4 | | have a right to occupancy.
|
5 | | The balance of hardships is presumed to favor |
6 | | possession by
petitioner unless the presumption is |
7 | | rebutted by a preponderance of the
evidence, showing |
8 | | that the hardships to respondent substantially |
9 | | outweigh
the hardships to petitioner and any minor |
10 | | child or dependent adult in petitioner's
care. The |
11 | | court, on the request of petitioner or on its own |
12 | | motion,
may order respondent to provide suitable, |
13 | | accessible, alternate housing
for petitioner instead |
14 | | of
excluding respondent from a mutual residence or |
15 | | household.
|
16 | | (3) Stay away order and additional prohibitions.
Order |
17 | | respondent to stay away from petitioner or any other |
18 | | person
protected by the domestic violence order of |
19 | | protection, or prohibit respondent from entering
or |
20 | | remaining present at petitioner's school, place of |
21 | | employment, or other
specified places at times when |
22 | | petitioner is present, or both, if
reasonable, given
the |
23 | | balance of hardships. Hardships need not be balanced for |
24 | | the court
to enter a stay away order or prohibit entry
if |
25 | | respondent has no right to enter the premises.
|
26 | | (A) If a domestic violence order of protection |
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1 | | grants petitioner exclusive possession
of the |
2 | | residence, prohibits respondent from entering the |
3 | | residence,
or orders respondent to stay away from |
4 | | petitioner or other
protected persons, then the court |
5 | | may allow respondent access to the
residence to remove |
6 | | items of clothing and personal adornment
used |
7 | | exclusively by respondent, medications, and other |
8 | | items as the court directs.
The right to access shall |
9 | | be exercised on only one occasion as the court directs
|
10 | | and in the presence of an agreed-upon adult third |
11 | | party or law enforcement officer.
|
12 | | (B) When the petitioner and the respondent attend |
13 | | the same public, private, or non-public elementary, |
14 | | middle, or high school, the court when issuing a |
15 | | domestic violence order of protection and providing |
16 | | relief shall consider the severity of the act, any |
17 | | continuing physical danger or emotional distress to |
18 | | the petitioner, the educational rights guaranteed to |
19 | | the petitioner and respondent under federal and State |
20 | | law, the availability of a transfer of the respondent |
21 | | to another school, a change of placement or a change of |
22 | | program of the respondent, the expense, difficulty, |
23 | | and educational disruption that would be caused by a |
24 | | transfer of the respondent to another school, and any |
25 | | other relevant facts of the case. The court may order |
26 | | that the respondent not attend the public, private, or |
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1 | | non-public elementary, middle, or high school attended |
2 | | by the petitioner, order that the respondent accept a |
3 | | change of placement or change of program, as |
4 | | determined by the school district or private or |
5 | | non-public school, or place restrictions on the |
6 | | respondent's movements within the school attended by |
7 | | the petitioner. The respondent bears the burden of |
8 | | proving by a preponderance of the evidence that a |
9 | | transfer, change of placement, or change of program of |
10 | | the respondent is not available. The respondent also |
11 | | bears the burden of production with respect to the |
12 | | expense, difficulty, and educational disruption that |
13 | | would be caused by a transfer of the respondent to |
14 | | another school. A transfer, change of placement, or |
15 | | change of program is not unavailable to the respondent |
16 | | solely on the ground that the respondent does not |
17 | | agree with the school district's or private or |
18 | | non-public school's transfer, change of placement, or |
19 | | change of program or solely on the ground that the |
20 | | respondent fails or refuses to consent or otherwise |
21 | | does not take an action required to effectuate a |
22 | | transfer, change of placement, or change of program. |
23 | | When a court orders a respondent to stay away from the |
24 | | public, private, or non-public school attended by the |
25 | | petitioner and the respondent requests a transfer to |
26 | | another attendance center within the respondent's |
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1 | | school district or private or non-public school, the |
2 | | school district or private or non-public school shall |
3 | | have sole discretion to determine the attendance |
4 | | center to which the respondent is transferred. If the |
5 | | court order results in a transfer of the minor |
6 | | respondent to another attendance center, a change in |
7 | | the respondent's placement, or a change of the |
8 | | respondent's program, the parents, guardian, or legal |
9 | | custodian of the respondent is responsible for |
10 | | transportation and other costs associated with the |
11 | | transfer or change. |
12 | | (C) The court may order the parents, guardian, or |
13 | | legal custodian of a minor respondent to take certain |
14 | | actions or to refrain from taking certain actions to |
15 | | ensure that the respondent complies with the order. If |
16 | | the court orders a transfer of the respondent to |
17 | | another school, the parents, guardian, or legal |
18 | | custodian of the respondent is responsible for |
19 | | transportation and other costs associated with the |
20 | | change of school by the respondent. |
21 | | (4) Counseling. Require or recommend the respondent to |
22 | | undergo
counseling for a specified duration with a social |
23 | | worker, psychologist,
clinical psychologist, |
24 | | psychiatrist, family service agency, alcohol or
substance |
25 | | abuse program, mental health center guidance counselor, |
26 | | agency
providing services to elders, program designed for |
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1 | | domestic violence
abusers, or any other guidance service |
2 | | the court deems appropriate. The court may order the |
3 | | respondent in any intimate partner relationship to report |
4 | | to an Illinois Department of Human Services protocol |
5 | | approved partner abuse intervention program for an |
6 | | assessment and to follow all recommended treatment.
|
7 | | (5) Physical care and possession of the minor child. |
8 | | In order to protect
the minor child from abuse, neglect, |
9 | | or unwarranted separation from the person
who has been the |
10 | | minor child's primary caretaker, or to otherwise protect |
11 | | the
well-being of the minor child, the court may do either |
12 | | or both of the following:
(i) grant petitioner physical |
13 | | care or possession of the minor child, or both, or
(ii) |
14 | | order respondent to return a minor child to, or not remove |
15 | | a minor child
from, the physical care of a parent or person |
16 | | in loco parentis.
|
17 | | If the respondent is charged with abuse
(as defined in |
18 | | Section 112A-3 of this Code) of a minor child, there shall |
19 | | be a
rebuttable presumption that awarding physical care to |
20 | | respondent would not
be in the minor child's best |
21 | | interest.
|
22 | | (6) Temporary allocation of parental responsibilities |
23 | | and significant decision-making responsibilities.
Award |
24 | | temporary significant decision-making responsibility to |
25 | | petitioner in accordance with this Section,
the Illinois |
26 | | Marriage
and Dissolution of Marriage Act, the Illinois |
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1 | | Parentage Act of 2015,
and this State's Uniform |
2 | | Child-Custody
Jurisdiction and Enforcement Act.
|
3 | | If the respondent
is charged with abuse (as defined in |
4 | | Section 112A-3 of this Code) of a
minor child, there shall |
5 | | be a rebuttable presumption that awarding
temporary |
6 | | significant decision-making responsibility to respondent |
7 | | would not be in the
child's best interest.
|
8 | | (7) Parenting time. Determine the parenting time, if |
9 | | any, of respondent in any case in which the court
awards |
10 | | physical care or temporary significant decision-making |
11 | | responsibility of a minor child to
petitioner. The court |
12 | | shall restrict or deny respondent's parenting time with
a |
13 | | minor child if
the court finds that respondent has done or |
14 | | is likely to do any of the
following: |
15 | | (i) abuse or endanger the minor child during |
16 | | parenting time; |
17 | | (ii) use the parenting time
as an opportunity to |
18 | | abuse or harass petitioner or
petitioner's family or |
19 | | household members; |
20 | | (iii) improperly conceal or
detain the minor |
21 | | child; or |
22 | | (iv) otherwise act in a manner that is not in
the |
23 | | best interests of the minor child. |
24 | | The court shall not be limited by the
standards set |
25 | | forth in Section 603.10 of the Illinois Marriage and
|
26 | | Dissolution of Marriage Act. If the court grants parenting |
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1 | | time, the order
shall specify dates and times for the |
2 | | parenting time to take place or other
specific parameters |
3 | | or conditions that are appropriate. No order for parenting |
4 | | time
shall refer merely to the term "reasonable parenting |
5 | | time". Petitioner may deny respondent access to the minor |
6 | | child if, when
respondent arrives for parenting time, |
7 | | respondent is under the influence of drugs
or alcohol and |
8 | | constitutes a threat to the safety and well-being of
|
9 | | petitioner or petitioner's minor children or is behaving |
10 | | in a violent or abusive manner. If necessary to protect |
11 | | any member of petitioner's family or
household from future |
12 | | abuse, respondent shall be prohibited from coming to
|
13 | | petitioner's residence to meet the minor child for |
14 | | parenting time, and the petitioner and respondent
shall |
15 | | submit to the court their recommendations for reasonable
|
16 | | alternative arrangements for parenting time. A person may |
17 | | be approved to
supervise parenting time only after filing |
18 | | an affidavit accepting
that responsibility and |
19 | | acknowledging accountability to the court.
|
20 | | (8) Removal or concealment of minor child.
Prohibit |
21 | | respondent from
removing a minor child from the State or |
22 | | concealing the child within the
State.
|
23 | | (9) Order to appear. Order the respondent to
appear in |
24 | | court, alone
or with a minor child, to prevent abuse, |
25 | | neglect, removal or concealment of
the child, to return |
26 | | the child to the custody or care of the petitioner, or
to |
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1 | | permit any court-ordered interview or examination of the |
2 | | child or the
respondent.
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3 | | (10) Possession of personal property. Grant petitioner |
4 | | exclusive
possession of personal property and, if |
5 | | respondent has possession or
control, direct respondent to |
6 | | promptly make it available to petitioner, if:
|
7 | | (i) petitioner, but not respondent, owns the |
8 | | property; or
|
9 | | (ii) the petitioner and respondent own the |
10 | | property jointly; sharing it would risk
abuse of |
11 | | petitioner by respondent or is impracticable; and the |
12 | | balance of
hardships favors temporary possession by |
13 | | petitioner.
|
14 | | If petitioner's sole claim to ownership of the |
15 | | property is that it is
marital property, the court may |
16 | | award petitioner temporary possession
thereof under the |
17 | | standards of subparagraph (ii) of this paragraph only if
a |
18 | | proper proceeding has been filed under the Illinois |
19 | | Marriage and
Dissolution of Marriage Act, as now or |
20 | | hereafter amended.
|
21 | | No order under this provision shall affect title to |
22 | | property.
|
23 | | (11) Protection of property. Forbid the respondent |
24 | | from taking,
transferring, encumbering, concealing, |
25 | | damaging, or otherwise disposing of
any real or personal |
26 | | property, except as explicitly authorized by the
court, |
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1 | | if:
|
2 | | (i) petitioner, but not respondent, owns the |
3 | | property; or
|
4 | | (ii) the petitioner and respondent own the |
5 | | property jointly,
and the balance of hardships favors |
6 | | granting this remedy.
|
7 | | If petitioner's sole claim to ownership of the |
8 | | property is that it is
marital property, the court may |
9 | | grant petitioner relief under subparagraph
(ii) of this |
10 | | paragraph only if a proper proceeding has been filed under |
11 | | the
Illinois Marriage and Dissolution of Marriage Act, as |
12 | | now or hereafter amended.
|
13 | | The court may further prohibit respondent from |
14 | | improperly using the
financial or other resources of an |
15 | | aged member of the family or household
for the profit or |
16 | | advantage of respondent or of any other person.
|
17 | | (11.5) Protection of animals. Grant the petitioner the |
18 | | exclusive care, custody, or control of any animal owned, |
19 | | possessed, leased, kept, or held by either the petitioner |
20 | | or the respondent or a minor child residing in the |
21 | | residence or household of either the petitioner or the |
22 | | respondent and order the respondent to stay away from the |
23 | | animal and forbid the respondent from taking, |
24 | | transferring, encumbering, concealing, harming, or |
25 | | otherwise disposing of the animal.
|
26 | | (12) Order for payment of support. Order
respondent to |
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1 | | pay temporary
support for the petitioner or any child in |
2 | | the petitioner's care or over whom the petitioner has been |
3 | | allocated parental responsibility, when the respondent has |
4 | | a legal obligation to support that person,
in accordance |
5 | | with the Illinois Marriage and Dissolution
of Marriage |
6 | | Act, which shall govern, among other matters, the amount |
7 | | of
support, payment through the clerk and withholding of |
8 | | income to secure
payment. An order for child support may |
9 | | be granted to a petitioner with
lawful physical care of a |
10 | | child, or an order or agreement for
physical care of a |
11 | | child, prior to entry of an order allocating significant |
12 | | decision-making responsibility.
Such a support order shall |
13 | | expire upon entry of a valid order allocating parental |
14 | | responsibility differently and vacating petitioner's |
15 | | significant decision-making responsibility unless |
16 | | otherwise provided in the order.
|
17 | | (13) Order for payment of losses. Order
respondent to |
18 | | pay petitioner
for losses suffered as a direct result of |
19 | | the abuse. Such losses shall
include, but not be limited |
20 | | to, medical expenses, lost earnings or other
support, |
21 | | repair or replacement of property damaged or taken, |
22 | | reasonable
attorney's fees, court costs, and moving or |
23 | | other travel expenses, including
additional reasonable |
24 | | expenses for temporary shelter and restaurant meals.
|
25 | | (i) Losses affecting family needs. If a party is |
26 | | entitled to seek
maintenance, child support, or |
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1 | | property distribution from the other party
under the |
2 | | Illinois Marriage and Dissolution of Marriage Act, as |
3 | | now or
hereafter amended, the court may order |
4 | | respondent to reimburse petitioner's
actual losses, to |
5 | | the extent that such reimbursement would be |
6 | | "appropriate
temporary relief", as authorized by |
7 | | subsection (a)(3) of
Section 501 of that Act.
|
8 | | (ii) Recovery of expenses. In the case of an |
9 | | improper concealment
or removal of a minor child, the |
10 | | court may order respondent to pay the reasonable
|
11 | | expenses incurred or to be incurred in the search for |
12 | | and recovery of the
minor child, including, but not |
13 | | limited to, legal fees, court costs, private
|
14 | | investigator fees, and travel costs.
|
15 | | (14) Prohibition of entry. Prohibit the respondent |
16 | | from entering or
remaining in the residence or household |
17 | | while the respondent is under the
influence of alcohol or |
18 | | drugs and constitutes a threat to the safety and
|
19 | | well-being of the petitioner or the petitioner's children.
|
20 | | (14.5) Prohibition of firearm possession. |
21 | | (A) A person who is subject to an existing |
22 | | domestic violence order of protection issued under |
23 | | this Code may not lawfully possess weapons or a valid |
24 | | Firearm Owner's Identification Card under Section 8.2 |
25 | | of the Firearm Owners Identification Card Act. |
26 | | (B) Any firearms in the
possession of the |
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1 | | respondent, except as provided in subparagraph (C) of |
2 | | this paragraph (14.5), shall be ordered by the court |
3 | | to be turned
over to a person with a valid Firearm |
4 | | Owner's Identification Card for safekeeping. The court |
5 | | shall issue an order that the respondent comply with |
6 | | Section 9.5 of the Firearm Owners Identification Card |
7 | | Act. the respondent's Firearm Owner's Identification |
8 | | Card be turned over to the local law enforcement |
9 | | agency, which in turn shall immediately mail the card |
10 | | to the Department of State Police Firearm Owner's |
11 | | Identification Card Office for safekeeping.
The period |
12 | | of safekeeping shall be for the duration of the |
13 | | domestic violence order of protection. The firearm or |
14 | | firearms and Firearm Owner's Identification Card, if |
15 | | unexpired, shall at the respondent's request be |
16 | | returned to the respondent at expiration of the |
17 | | domestic violence order of protection.
|
18 | | (C) If the respondent is a peace officer as |
19 | | defined in Section 2-13 of
the
Criminal Code of 2012, |
20 | | the court shall order that any firearms used by the
|
21 | | respondent in the performance of his or her duties as a
|
22 | | peace officer be surrendered to
the chief law |
23 | | enforcement executive of the agency in which the |
24 | | respondent is
employed, who shall retain the firearms |
25 | | for safekeeping for the duration of the domestic |
26 | | violence order of protection.
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1 | | (D) Upon expiration of the period of safekeeping, |
2 | | if the firearms or Firearm Owner's Identification Card |
3 | | cannot be returned to respondent because respondent |
4 | | cannot be located, fails to respond to requests to |
5 | | retrieve the firearms, or is not lawfully eligible to |
6 | | possess a firearm, upon petition from the local law |
7 | | enforcement agency, the court may order the local law |
8 | | enforcement agency to destroy the firearms, use the |
9 | | firearms for training purposes, or for any other |
10 | | application as deemed appropriate by the local law |
11 | | enforcement agency; or that the firearms be turned |
12 | | over to a third party who is lawfully eligible to |
13 | | possess firearms, and who does not reside with |
14 | | respondent. |
15 | | (15) Prohibition of access to records. If a domestic |
16 | | violence order of protection
prohibits respondent from |
17 | | having contact with the minor child,
or if petitioner's |
18 | | address is omitted under subsection (b) of
Section 112A-5 |
19 | | of this Code, or if necessary to prevent abuse or wrongful |
20 | | removal or
concealment of a minor child, the order shall |
21 | | deny respondent access to, and
prohibit respondent from |
22 | | inspecting, obtaining, or attempting to
inspect or obtain, |
23 | | school or any other records of the minor child
who is in |
24 | | the care of petitioner.
|
25 | | (16) Order for payment of shelter services. Order |
26 | | respondent to
reimburse a shelter providing temporary |
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1 | | housing and counseling services to
the petitioner for the |
2 | | cost of the services, as certified by the shelter
and |
3 | | deemed reasonable by the court.
|
4 | | (17) Order for injunctive relief. Enter injunctive |
5 | | relief necessary
or appropriate to prevent further abuse |
6 | | of a family or household member or
to effectuate one of the |
7 | | granted remedies, if supported by the balance of
|
8 | | hardships. If the harm to be prevented by the injunction |
9 | | is abuse or any
other harm that one of the remedies listed |
10 | | in paragraphs (1) through (16)
of this subsection is |
11 | | designed to prevent, no further evidence is necessary
to |
12 | | establish that the harm is an irreparable injury.
|
13 | | (18) Telephone services. |
14 | | (A) Unless a condition described in subparagraph |
15 | | (B) of this paragraph exists, the court may, upon |
16 | | request by the petitioner, order a wireless telephone |
17 | | service provider to transfer to the petitioner the |
18 | | right to continue to use a telephone number or numbers |
19 | | indicated by the petitioner and the financial |
20 | | responsibility associated with the number or numbers, |
21 | | as set forth in subparagraph (C) of this paragraph. In |
22 | | this paragraph (18), the term "wireless telephone |
23 | | service provider" means a provider of commercial |
24 | | mobile service as defined in 47 U.S.C. 332. The |
25 | | petitioner may request the transfer of each telephone |
26 | | number that the petitioner, or a minor child in his or |
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1 | | her custody, uses. The clerk of the court shall serve |
2 | | the order on the wireless telephone service provider's |
3 | | agent for service of process provided to the Illinois |
4 | | Commerce Commission. The order shall contain all of |
5 | | the following: |
6 | | (i) The name and billing telephone number of |
7 | | the account holder including the name of the |
8 | | wireless telephone service provider that serves |
9 | | the account. |
10 | | (ii) Each telephone number that will be |
11 | | transferred. |
12 | | (iii) A statement that the provider transfers |
13 | | to the petitioner all financial responsibility for |
14 | | and right to the use of any telephone number |
15 | | transferred under this paragraph. |
16 | | (B) A wireless telephone service provider shall |
17 | | terminate the respondent's use of, and shall transfer |
18 | | to the petitioner use of, the telephone number or |
19 | | numbers indicated in subparagraph (A) of this |
20 | | paragraph unless it notifies the petitioner, within 72 |
21 | | hours after it receives the order, that one of the |
22 | | following applies: |
23 | | (i) The account holder named in the order has |
24 | | terminated the account. |
25 | | (ii) A difference in network technology would |
26 | | prevent or impair the functionality of a device on |
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1 | | a network if the transfer occurs. |
2 | | (iii) The transfer would cause a geographic or |
3 | | other limitation on network or service provision |
4 | | to the petitioner. |
5 | | (iv) Another technological or operational |
6 | | issue would prevent or impair the use of the |
7 | | telephone number if the transfer occurs. |
8 | | (C) The petitioner assumes all financial |
9 | | responsibility for and right to the use of any |
10 | | telephone number transferred under this paragraph. In |
11 | | this paragraph, "financial responsibility" includes |
12 | | monthly service costs and costs associated with any |
13 | | mobile device associated with the number. |
14 | | (D) A wireless telephone service provider may |
15 | | apply to the petitioner its routine and customary |
16 | | requirements for establishing an account or |
17 | | transferring a number, including requiring the |
18 | | petitioner to provide proof of identification, |
19 | | financial information, and customer preferences.
|
20 | | (E) Except for willful or wanton misconduct, a |
21 | | wireless telephone service provider is immune from |
22 | | civil liability for its actions taken in compliance |
23 | | with a court order issued under this paragraph. |
24 | | (F) All wireless service providers that provide |
25 | | services to residential customers shall provide to the |
26 | | Illinois Commerce Commission the name and address of |
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1 | | an agent for service of orders entered under this |
2 | | paragraph (18). Any change in status of the registered |
3 | | agent must be reported to the Illinois Commerce |
4 | | Commission within 30 days of such change. |
5 | | (G) The Illinois Commerce Commission shall |
6 | | maintain the list of registered agents for service for |
7 | | each wireless telephone service provider on the |
8 | | Commission's website. The Commission may consult with |
9 | | wireless telephone service providers and the Circuit |
10 | | Court Clerks on the manner in which this information |
11 | | is provided and displayed. |
12 | | (c) Relevant factors; findings.
|
13 | | (1) In determining whether to grant a
specific remedy, |
14 | | other than payment of support, the
court shall consider |
15 | | relevant factors, including, but not limited to, the
|
16 | | following:
|
17 | | (i) the nature, frequency, severity, pattern, and |
18 | | consequences of the
respondent's past abuse of the |
19 | | petitioner or any family or household
member, |
20 | | including the concealment of his or her location in |
21 | | order to evade
service of process or notice, and the |
22 | | likelihood of danger of future abuse to
petitioner or
|
23 | | any member of petitioner's or respondent's family or |
24 | | household; and
|
25 | | (ii) the danger that any minor child will be |
26 | | abused or neglected or
improperly relocated from the |
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1 | | jurisdiction, improperly concealed within the
State, |
2 | | or improperly separated from the child's primary |
3 | | caretaker.
|
4 | | (2) In comparing relative hardships resulting to the |
5 | | parties from loss
of possession of the family home, the |
6 | | court shall consider relevant
factors, including, but not |
7 | | limited to, the following:
|
8 | | (i) availability, accessibility, cost, safety, |
9 | | adequacy, location, and other
characteristics of |
10 | | alternate housing for each party and any minor child |
11 | | or
dependent adult in the party's care;
|
12 | | (ii) the effect on the party's employment; and
|
13 | | (iii) the effect on the relationship of the party, |
14 | | and any minor
child or dependent adult in the party's |
15 | | care, to family, school, church,
and community.
|
16 | | (3) Subject to the exceptions set forth in paragraph |
17 | | (4) of this
subsection (c), the court shall make its |
18 | | findings in an official record or in
writing, and shall at |
19 | | a minimum set forth the following:
|
20 | | (i) That the court has considered the applicable |
21 | | relevant factors
described in paragraphs (1) and (2) |
22 | | of this subsection (c).
|
23 | | (ii) Whether the conduct or actions of respondent, |
24 | | unless
prohibited, will likely cause irreparable harm |
25 | | or continued abuse.
|
26 | | (iii) Whether it is necessary to grant the |
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1 | | requested relief in order
to protect petitioner or |
2 | | other alleged abused persons.
|
3 | | (4) (Blank).
|
4 | | (5) Never married parties. No rights or |
5 | | responsibilities for a minor
child born outside of |
6 | | marriage attach to a putative father until a father and
|
7 | | child relationship has been established under the Illinois |
8 | | Parentage Act of
1984, the Illinois Parentage Act of 2015, |
9 | | the Illinois Public Aid Code, Section 12 of the Vital |
10 | | Records Act, the Juvenile Court Act of 1987, the Probate |
11 | | Act of 1975, the Uniform Interstate Family Support Act, |
12 | | the Expedited Child Support Act of 1990, any judicial, |
13 | | administrative, or other act of another state or |
14 | | territory, any other statute of this State, or by any |
15 | | foreign nation establishing the father and child |
16 | | relationship, any other proceeding substantially in |
17 | | conformity with the federal Personal Responsibility and |
18 | | Work Opportunity Reconciliation Act of 1996, or when both |
19 | | parties appeared in open court or at an administrative |
20 | | hearing acknowledging under oath or admitting by |
21 | | affirmation the existence of a father and child |
22 | | relationship. Absent such an adjudication, no putative |
23 | | father shall be granted
temporary allocation of parental |
24 | | responsibilities, including parenting time with the minor |
25 | | child, or
physical care
and possession of the minor child, |
26 | | nor shall
an order of payment for support of the minor |
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1 | | child be entered.
|
2 | | (d) Balance of hardships; findings. If the court finds |
3 | | that the balance
of hardships does not support the granting of |
4 | | a remedy governed by
paragraph (2), (3), (10), (11), or (16) of
|
5 | | subsection (b) of this Section,
which may require such |
6 | | balancing, the court's findings shall so
indicate and shall |
7 | | include a finding as to whether granting the remedy will
|
8 | | result in hardship to respondent that would substantially |
9 | | outweigh the hardship
to petitioner
from denial of the remedy. |
10 | | The findings shall be an official record or in
writing.
|
11 | | (e) Denial of remedies. Denial of any remedy shall not be |
12 | | based, in
whole or in part, on evidence that:
|
13 | | (1) respondent has cause for any use of force, unless |
14 | | that cause
satisfies the standards for justifiable use of |
15 | | force provided by Article
7 of the Criminal Code of 2012;
|
16 | | (2) respondent was voluntarily intoxicated;
|
17 | | (3) petitioner acted in self-defense or defense of |
18 | | another, provided
that, if petitioner utilized force, such |
19 | | force was justifiable under
Article 7 of the Criminal Code |
20 | | of 2012;
|
21 | | (4) petitioner did not act in self-defense or defense |
22 | | of another;
|
23 | | (5) petitioner left the residence or household to |
24 | | avoid further abuse
by respondent;
|
25 | | (6) petitioner did not leave the residence or |
26 | | household to avoid further
abuse by respondent; or
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1 | | (7) conduct by any family or household member excused |
2 | | the abuse by
respondent, unless that same conduct would |
3 | | have excused such abuse if the
parties had not been family |
4 | | or household members.
|
5 | | (Source: P.A. 100-199, eff. 1-1-18; 100-388, eff. 1-1-18; |
6 | | 100-597, eff. 6-29-18; 100-863, eff. 8-14-18; 100-923, eff. |
7 | | 1-1-19; 101-81, eff. 7-12-19.)
|
8 | | Section 40. The Unified Code of Corrections is amended by |
9 | | changing Section 5-6-3 as follows:
|
10 | | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) |
11 | | Sec. 5-6-3. Conditions of probation and of conditional |
12 | | discharge.
|
13 | | (a) The conditions of probation and of conditional |
14 | | discharge shall be
that the person:
|
15 | | (1) not violate any criminal statute of any |
16 | | jurisdiction;
|
17 | | (2) report to or appear in person before such person |
18 | | or agency as
directed by the court;
|
19 | | (3) refrain from possessing a firearm or other |
20 | | dangerous weapon where the offense is a felony or, if a |
21 | | misdemeanor, the offense involved the intentional or |
22 | | knowing infliction of bodily harm or threat of bodily |
23 | | harm;
|
24 | | (4) not leave the State without the consent of the |
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1 | | court or, in
circumstances in which the reason for the |
2 | | absence is of such an emergency
nature that prior consent |
3 | | by the court is not possible, without the prior
|
4 | | notification and approval of the person's probation
|
5 | | officer. Transfer of a person's probation or conditional |
6 | | discharge
supervision to another state is subject to |
7 | | acceptance by the other state
pursuant to the Interstate |
8 | | Compact for Adult Offender Supervision;
|
9 | | (5) permit the probation officer to visit
him at his |
10 | | home or elsewhere
to the extent necessary to discharge his |
11 | | duties;
|
12 | | (6) perform no less than 30 hours of community service |
13 | | and not more than
120 hours of community service, if |
14 | | community service is available in the
jurisdiction and is |
15 | | funded and approved by the county board where the offense
|
16 | | was committed, where the offense was related to or in |
17 | | furtherance of the
criminal activities of an organized |
18 | | gang and was motivated by the offender's
membership in or |
19 | | allegiance to an organized gang. The community service |
20 | | shall
include, but not be limited to, the cleanup and |
21 | | repair of any damage caused by
a violation of Section |
22 | | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of |
23 | | 2012 and similar damage
to property located within the |
24 | | municipality or county in which the violation
occurred. |
25 | | When possible and reasonable, the community service should |
26 | | be
performed in the offender's neighborhood. For purposes |
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1 | | of this Section,
"organized gang" has the meaning ascribed |
2 | | to it in Section 10 of the Illinois
Streetgang Terrorism |
3 | | Omnibus Prevention Act. The court may give credit toward |
4 | | the fulfillment of community service hours for |
5 | | participation in activities and treatment as determined by |
6 | | court services;
|
7 | | (7) if he or she is at least 17 years of age and has |
8 | | been sentenced to
probation or conditional discharge for a |
9 | | misdemeanor or felony in a county of
3,000,000 or more |
10 | | inhabitants and has not been previously convicted of a
|
11 | | misdemeanor or felony, may be required by the sentencing |
12 | | court to attend
educational courses designed to prepare |
13 | | the defendant for a high school diploma
and to work toward |
14 | | a high school diploma or to work toward passing high |
15 | | school equivalency testing or to work toward
completing a |
16 | | vocational training program approved by the court. The |
17 | | person on
probation or conditional discharge must attend a |
18 | | public institution of
education to obtain the educational |
19 | | or vocational training required by this paragraph
(7). The |
20 | | court shall revoke the probation or conditional discharge |
21 | | of a
person who wilfully fails to comply with this |
22 | | paragraph (7). The person on
probation or conditional |
23 | | discharge shall be required to pay for the cost of the
|
24 | | educational courses or high school equivalency testing if |
25 | | a fee is charged for those courses or testing. The court |
26 | | shall resentence the offender whose probation or |
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1 | | conditional
discharge has been revoked as provided in |
2 | | Section 5-6-4. This paragraph (7) does
not apply to a |
3 | | person who has a high school diploma or has successfully |
4 | | passed high school equivalency testing. This paragraph (7) |
5 | | does not apply to a person who is determined by
the court |
6 | | to be a person with a developmental disability or |
7 | | otherwise mentally incapable of
completing the educational |
8 | | or vocational program;
|
9 | | (8) if convicted of possession of a substance |
10 | | prohibited
by the Cannabis Control Act, the Illinois |
11 | | Controlled Substances Act, or the Methamphetamine Control |
12 | | and Community Protection Act
after a previous conviction |
13 | | or disposition of supervision for possession of a
|
14 | | substance prohibited by the Cannabis Control Act or |
15 | | Illinois Controlled
Substances Act or after a sentence of |
16 | | probation under Section 10 of the
Cannabis
Control Act, |
17 | | Section 410 of the Illinois Controlled Substances Act, or |
18 | | Section 70 of the Methamphetamine Control and Community |
19 | | Protection Act and upon a
finding by the court that the |
20 | | person is addicted, undergo treatment at a
substance abuse |
21 | | program approved by the court;
|
22 | | (8.5) if convicted of a felony sex offense as defined |
23 | | in the Sex
Offender
Management Board Act, the person shall |
24 | | undergo and successfully complete sex
offender treatment |
25 | | by a treatment provider approved by the Board and |
26 | | conducted
in conformance with the standards developed |
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1 | | under the Sex
Offender Management Board Act;
|
2 | | (8.6) if convicted of a sex offense as defined in the |
3 | | Sex Offender Management Board Act, refrain from residing |
4 | | at the same address or in the same condominium unit or |
5 | | apartment unit or in the same condominium complex or |
6 | | apartment complex with another person he or she knows or |
7 | | reasonably should know is a convicted sex offender or has |
8 | | been placed on supervision for a sex offense; the |
9 | | provisions of this paragraph do not apply to a person |
10 | | convicted of a sex offense who is placed in a Department of |
11 | | Corrections licensed transitional housing facility for sex |
12 | | offenders; |
13 | | (8.7) if convicted for an offense committed on or |
14 | | after June 1, 2008 (the effective date of Public Act |
15 | | 95-464) that would qualify the accused as a child sex |
16 | | offender as defined in Section 11-9.3 or 11-9.4 of the |
17 | | Criminal Code of 1961 or the Criminal Code of 2012, |
18 | | refrain from communicating with or contacting, by means of |
19 | | the Internet, a person who is not related to the accused |
20 | | and whom the accused reasonably believes to be under 18 |
21 | | years of age; for purposes of this paragraph (8.7), |
22 | | "Internet" has the meaning ascribed to it in Section |
23 | | 16-0.1 of the Criminal Code of 2012; and a person is not |
24 | | related to the accused if the person is not: (i) the |
25 | | spouse, brother, or sister of the accused; (ii) a |
26 | | descendant of the accused; (iii) a first or second cousin |
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1 | | of the accused; or (iv) a step-child or adopted child of |
2 | | the accused; |
3 | | (8.8) if convicted for an offense under Section 11-6, |
4 | | 11-9.1, 11-14.4 that involves soliciting for a juvenile |
5 | | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 |
6 | | of the Criminal Code of 1961 or the Criminal Code of 2012, |
7 | | or any attempt to commit any of these offenses, committed |
8 | | on or after June 1, 2009 (the effective date of Public Act |
9 | | 95-983): |
10 | | (i) not access or use a computer or any other |
11 | | device with Internet capability without the prior |
12 | | written approval of the offender's probation officer, |
13 | | except in connection with the offender's employment or |
14 | | search for employment with the prior approval of the |
15 | | offender's probation officer; |
16 | | (ii) submit to periodic unannounced examinations |
17 | | of the offender's computer or any other device with |
18 | | Internet capability by the offender's probation |
19 | | officer, a law enforcement officer, or assigned |
20 | | computer or information technology specialist, |
21 | | including the retrieval and copying of all data from |
22 | | the computer or device and any internal or external |
23 | | peripherals and removal of such information, |
24 | | equipment, or device to conduct a more thorough |
25 | | inspection; |
26 | | (iii) submit to the installation on the offender's |
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1 | | computer or device with Internet capability, at the |
2 | | offender's expense, of one or more hardware or |
3 | | software systems to monitor the Internet use; and |
4 | | (iv) submit to any other appropriate restrictions |
5 | | concerning the offender's use of or access to a |
6 | | computer or any other device with Internet capability |
7 | | imposed by the offender's probation officer; |
8 | | (8.9) if convicted of a sex offense as defined in the |
9 | | Sex Offender
Registration Act committed on or after |
10 | | January 1, 2010 (the effective date of Public Act 96-262), |
11 | | refrain from accessing or using a social networking |
12 | | website as defined in Section 17-0.5 of the Criminal Code |
13 | | of 2012;
|
14 | | (9) if convicted of a felony or of any misdemeanor |
15 | | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or |
16 | | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of |
17 | | 2012 that was determined, pursuant to Section 112A-11.1 of |
18 | | the Code of Criminal Procedure of 1963, to trigger the |
19 | | prohibitions of 18 U.S.C. 922(g)(9), the defendant shall |
20 | | physically surrender, at a time and place designated by |
21 | | the court, all firearms in his or her possession to a law |
22 | | enforcement officer designated by the court to take |
23 | | custody of and impound the firearms and physically |
24 | | surrender his or her Firearm Owner's Identification Card |
25 | | to the law enforcement agency as a condition of remaining |
26 | | on bond pending sentencing. A defendant whose Firearm |
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1 | | Owner's Identification Card has been revoked or suspended |
2 | | may petition the court to transfer the defendant's firearm |
3 | | to a person who is lawfully able to possess the firearm if |
4 | | the person does not reside at the same address as the |
5 | | defendant. Any transfer must be conducted under Section 3 |
6 | | of the Firearm Owners Identification Card Act. The |
7 | | transferee who receives the defendant's firearms must |
8 | | swear or affirm by affidavit that he or she shall not |
9 | | transfer the firearm to the defendant or to anyone |
10 | | residing in the same residence as the defendant, until the |
11 | | defendant's Firearm Owner's Identification Card has been |
12 | | reinstated. The law enforcement agency, upon transfer of |
13 | | the firearms, shall require the defendant to complete a |
14 | | Firearm Disposition Record under Section 9.5 of the |
15 | | Firearm Owner's Identification Card Act and provide a copy |
16 | | to the Illinois State Police along with the defendants |
17 | | Firearm Owner's Identification Card physically surrender |
18 | | at a time and place
designated by the court, his or her |
19 | | Firearm
Owner's Identification Card and
any and all |
20 | | firearms in
his or her possession. The Court shall return |
21 | | to the Department of State Police Firearm Owner's |
22 | | Identification Card Office the person's Firearm Owner's |
23 | | Identification Card ;
|
24 | | (10) if convicted of a sex offense as defined in |
25 | | subsection (a-5) of Section 3-1-2 of this Code, unless the |
26 | | offender is a parent or guardian of the person under 18 |
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1 | | years of age present in the home and no non-familial |
2 | | minors are present, not participate in a holiday event |
3 | | involving children under 18 years of age, such as |
4 | | distributing candy or other items to children on |
5 | | Halloween, wearing a Santa Claus costume on or preceding |
6 | | Christmas, being employed as a department store Santa |
7 | | Claus, or wearing an Easter Bunny costume on or preceding |
8 | | Easter; |
9 | | (11) if convicted of a sex offense as defined in |
10 | | Section 2 of the Sex Offender Registration Act committed |
11 | | on or after January 1, 2010 (the effective date of Public |
12 | | Act 96-362) that requires the person to register as a sex |
13 | | offender under that Act, may not knowingly use any |
14 | | computer scrub software on any computer that the sex |
15 | | offender uses; |
16 | | (12) if convicted of a violation of the |
17 | | Methamphetamine Control and Community Protection Act, the |
18 | | Methamphetamine
Precursor Control Act, or a |
19 | | methamphetamine related offense: |
20 | | (A) prohibited from purchasing, possessing, or |
21 | | having under his or her control any product containing |
22 | | pseudoephedrine unless prescribed by a physician; and |
23 | | (B) prohibited from purchasing, possessing, or |
24 | | having under his or her control any product containing |
25 | | ammonium nitrate; and |
26 | | (13) if convicted of a hate crime involving the |
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1 | | protected class identified in subsection (a) of Section |
2 | | 12-7.1 of the Criminal Code of 2012 that gave rise to the |
3 | | offense the offender committed, perform public or |
4 | | community service of no less than 200 hours and enroll in |
5 | | an educational program discouraging hate crimes that |
6 | | includes racial, ethnic, and cultural sensitivity training |
7 | | ordered by the court. |
8 | | (b) The Court may in addition to other reasonable |
9 | | conditions relating to the
nature of the offense or the |
10 | | rehabilitation of the defendant as determined for
each |
11 | | defendant in the proper discretion of the Court require that |
12 | | the person:
|
13 | | (1) serve a term of periodic imprisonment under |
14 | | Article 7 for a
period not to exceed that specified in |
15 | | paragraph (d) of Section 5-7-1;
|
16 | | (2) pay a fine and costs;
|
17 | | (3) work or pursue a course of study or vocational |
18 | | training;
|
19 | | (4) undergo medical, psychological or psychiatric |
20 | | treatment; or treatment
for drug addiction or alcoholism;
|
21 | | (5) attend or reside in a facility established for the |
22 | | instruction
or residence of defendants on probation;
|
23 | | (6) support his dependents;
|
24 | | (7) and in addition, if a minor:
|
25 | | (i) reside with his parents or in a foster home;
|
26 | | (ii) attend school;
|
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1 | | (iii) attend a non-residential program for youth;
|
2 | | (iv) contribute to his own support at home or in a |
3 | | foster home;
|
4 | | (v) with the consent of the superintendent of the
|
5 | | facility, attend an educational program at a facility |
6 | | other than the school
in which the
offense was |
7 | | committed if he
or she is convicted of a crime of |
8 | | violence as
defined in
Section 2 of the Crime Victims |
9 | | Compensation Act committed in a school, on the
real
|
10 | | property
comprising a school, or within 1,000 feet of |
11 | | the real property comprising a
school;
|
12 | | (8) make restitution as provided in Section 5-5-6 of |
13 | | this Code;
|
14 | | (9) perform some reasonable public or community |
15 | | service;
|
16 | | (10) serve a term of home confinement. In addition to |
17 | | any other
applicable condition of probation or conditional |
18 | | discharge, the
conditions of home confinement shall be |
19 | | that the offender:
|
20 | | (i) remain within the interior premises of the |
21 | | place designated for
his confinement during the hours |
22 | | designated by the court;
|
23 | | (ii) admit any person or agent designated by the |
24 | | court into the
offender's place of confinement at any |
25 | | time for purposes of verifying
the offender's |
26 | | compliance with the conditions of his confinement; and
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1 | | (iii) if further deemed necessary by the court or |
2 | | the
Probation or
Court Services Department, be placed |
3 | | on an approved
electronic monitoring device, subject |
4 | | to Article 8A of Chapter V;
|
5 | | (iv) for persons convicted of any alcohol, |
6 | | cannabis or controlled
substance violation who are |
7 | | placed on an approved monitoring device as a
condition |
8 | | of probation or conditional discharge, the court shall |
9 | | impose a
reasonable fee for each day of the use of the |
10 | | device, as established by the
county board in |
11 | | subsection (g) of this Section, unless after |
12 | | determining the
inability of the offender to pay the |
13 | | fee, the court assesses a lesser fee or no
fee as the |
14 | | case may be. This fee shall be imposed in addition to |
15 | | the fees
imposed under subsections (g) and (i) of this |
16 | | Section. The fee shall be
collected by the clerk of the |
17 | | circuit court, except as provided in an administrative |
18 | | order of the Chief Judge of the circuit court. The |
19 | | clerk of the circuit
court shall pay all monies |
20 | | collected from this fee to the county treasurer
for |
21 | | deposit in the substance abuse services fund under |
22 | | Section 5-1086.1 of
the Counties Code, except as |
23 | | provided in an administrative order of the Chief Judge |
24 | | of the circuit court. |
25 | | The Chief Judge of the circuit court of the county |
26 | | may by administrative order establish a program for |
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1 | | electronic monitoring of offenders, in which a vendor |
2 | | supplies and monitors the operation of the electronic |
3 | | monitoring device, and collects the fees on behalf of |
4 | | the county. The program shall include provisions for |
5 | | indigent offenders and the collection of unpaid fees. |
6 | | The program shall not unduly burden the offender and |
7 | | shall be subject to review by the Chief Judge. |
8 | | The Chief Judge of the circuit court may suspend |
9 | | any additional charges or fees for late payment, |
10 | | interest, or damage to any device; and
|
11 | | (v) for persons convicted of offenses other than |
12 | | those referenced in
clause (iv) above and who are |
13 | | placed on an approved monitoring device as a
condition |
14 | | of probation or conditional discharge, the court shall |
15 | | impose
a reasonable fee for each day of the use of the |
16 | | device, as established by the
county board in |
17 | | subsection (g) of this Section, unless after |
18 | | determining the
inability of the defendant to pay the |
19 | | fee, the court assesses a lesser fee or
no fee as the |
20 | | case may be. This fee shall be imposed in addition to |
21 | | the fees
imposed under subsections (g) and (i) of this |
22 | | Section. The fee
shall be collected by the clerk of the |
23 | | circuit court, except as provided in an administrative |
24 | | order of the Chief Judge of the circuit court. The |
25 | | clerk of the circuit
court shall pay all monies |
26 | | collected from this fee
to the county treasurer who |
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1 | | shall use the monies collected to defray the
costs of |
2 | | corrections. The county treasurer shall deposit the |
3 | | fee
collected in the probation and court services |
4 | | fund.
The Chief Judge of the circuit court of the |
5 | | county may by administrative order establish a program |
6 | | for electronic monitoring of offenders, in which a |
7 | | vendor supplies and monitors the operation of the |
8 | | electronic monitoring device, and collects the fees on |
9 | | behalf of the county. The program shall include |
10 | | provisions for indigent offenders and the collection |
11 | | of unpaid fees. The program shall not unduly burden |
12 | | the offender and shall be subject to review by the |
13 | | Chief Judge.
|
14 | | The Chief Judge of the circuit court may suspend |
15 | | any additional charges or fees for late payment, |
16 | | interest, or damage to any device. |
17 | | (11) comply with the terms and conditions of an order |
18 | | of protection issued
by the court pursuant to the Illinois |
19 | | Domestic Violence Act of 1986,
as now or hereafter |
20 | | amended, or an order of protection issued by the court of
|
21 | | another state, tribe, or United States territory. A copy |
22 | | of the order of
protection shall be
transmitted to the |
23 | | probation officer or agency
having responsibility for the |
24 | | case;
|
25 | | (12) reimburse any "local anti-crime program" as |
26 | | defined in Section 7
of the Anti-Crime Advisory Council |
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1 | | Act for any reasonable expenses incurred
by the program on |
2 | | the offender's case, not to exceed the maximum amount of
|
3 | | the fine authorized for the offense for which the |
4 | | defendant was sentenced;
|
5 | | (13) contribute a reasonable sum of money, not to |
6 | | exceed the maximum
amount of the fine authorized for the
|
7 | | offense for which the defendant was sentenced, (i) to a |
8 | | "local anti-crime
program", as defined in Section 7 of the |
9 | | Anti-Crime Advisory Council Act, or (ii) for offenses |
10 | | under the jurisdiction of the Department of Natural |
11 | | Resources, to the fund established by the Department of |
12 | | Natural Resources for the purchase of evidence for |
13 | | investigation purposes and to conduct investigations as |
14 | | outlined in Section 805-105 of the Department of Natural |
15 | | Resources (Conservation) Law;
|
16 | | (14) refrain from entering into a designated |
17 | | geographic area except upon
such terms as the court finds |
18 | | appropriate. Such terms may include
consideration of the |
19 | | purpose of the entry, the time of day, other persons
|
20 | | accompanying the defendant, and advance approval by a
|
21 | | probation officer, if
the defendant has been placed on |
22 | | probation or advance approval by the
court, if the |
23 | | defendant was placed on conditional discharge;
|
24 | | (15) refrain from having any contact, directly or |
25 | | indirectly, with
certain specified persons or particular |
26 | | types of persons, including but not
limited to members of |
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1 | | street gangs and drug users or dealers;
|
2 | | (16) refrain from having in his or her body the |
3 | | presence of any illicit
drug prohibited by the Cannabis |
4 | | Control Act, the Illinois Controlled
Substances Act, or |
5 | | the Methamphetamine Control and Community Protection Act, |
6 | | unless prescribed by a physician, and submit samples of
|
7 | | his or her blood or urine or both for tests to determine |
8 | | the presence of any
illicit drug;
|
9 | | (17) if convicted for an offense committed on or after |
10 | | June 1, 2008 (the effective date of Public Act 95-464) |
11 | | that would qualify the accused as a child sex offender as |
12 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code |
13 | | of 1961 or the Criminal Code of 2012, refrain from |
14 | | communicating with or contacting, by means of the |
15 | | Internet, a person who is related to the accused and whom |
16 | | the accused reasonably believes to be under 18 years of |
17 | | age; for purposes of this paragraph (17), "Internet" has |
18 | | the meaning ascribed to it in Section 16-0.1 of the |
19 | | Criminal Code of 2012; and a person is related to the |
20 | | accused if the person is: (i) the spouse, brother, or |
21 | | sister of the accused; (ii) a descendant of the accused; |
22 | | (iii) a first or second cousin of the accused; or (iv) a |
23 | | step-child or adopted child of the accused; |
24 | | (18) if convicted for an offense committed on or after |
25 | | June 1, 2009 (the effective date of Public Act 95-983) |
26 | | that would qualify as a sex offense as defined in the Sex |
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1 | | Offender Registration Act: |
2 | | (i) not access or use a computer or any other |
3 | | device with Internet capability without the prior |
4 | | written approval of the offender's probation officer, |
5 | | except in connection with the offender's employment or |
6 | | search for employment with the prior approval of the |
7 | | offender's probation officer; |
8 | | (ii) submit to periodic unannounced examinations |
9 | | of the offender's computer or any other device with |
10 | | Internet capability by the offender's probation |
11 | | officer, a law enforcement officer, or assigned |
12 | | computer or information technology specialist, |
13 | | including the retrieval and copying of all data from |
14 | | the computer or device and any internal or external |
15 | | peripherals and removal of such information, |
16 | | equipment, or device to conduct a more thorough |
17 | | inspection; |
18 | | (iii) submit to the installation on the offender's |
19 | | computer or device with Internet capability, at the |
20 | | subject's expense, of one or more hardware or software |
21 | | systems to monitor the Internet use; and |
22 | | (iv) submit to any other appropriate restrictions |
23 | | concerning the offender's use of or access to a |
24 | | computer or any other device with Internet capability |
25 | | imposed by the offender's probation officer; and |
26 | | (19) refrain from possessing a firearm or other |
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1 | | dangerous weapon where the offense is a misdemeanor that |
2 | | did not involve the intentional or knowing infliction of |
3 | | bodily harm or threat of bodily harm. |
4 | | (c) The court may as a condition of probation or of |
5 | | conditional
discharge require that a person under 18 years of |
6 | | age found guilty of any
alcohol, cannabis or controlled |
7 | | substance violation, refrain from acquiring
a driver's license |
8 | | during
the period of probation or conditional discharge. If |
9 | | such person
is in possession of a permit or license, the court |
10 | | may require that
the minor refrain from driving or operating |
11 | | any motor vehicle during the
period of probation or |
12 | | conditional discharge, except as may be necessary in
the |
13 | | course of the minor's lawful employment.
|
14 | | (d) An offender sentenced to probation or to conditional |
15 | | discharge
shall be given a certificate setting forth the |
16 | | conditions thereof.
|
17 | | (e) Except where the offender has committed a fourth or |
18 | | subsequent
violation of subsection (c) of Section 6-303 of the |
19 | | Illinois Vehicle Code,
the court shall not require as a |
20 | | condition of the sentence of
probation or conditional |
21 | | discharge that the offender be committed to a
period of |
22 | | imprisonment in excess of 6 months.
This 6-month limit shall |
23 | | not include periods of confinement given pursuant to
a |
24 | | sentence of county impact incarceration under Section 5-8-1.2.
|
25 | | Persons committed to imprisonment as a condition of |
26 | | probation or
conditional discharge shall not be committed to |
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1 | | the Department of
Corrections.
|
2 | | (f) The court may combine a sentence of periodic |
3 | | imprisonment under
Article 7 or a sentence to a county impact |
4 | | incarceration program under
Article 8 with a sentence of |
5 | | probation or conditional discharge.
|
6 | | (g) An offender sentenced to probation or to conditional |
7 | | discharge and
who during the term of either undergoes |
8 | | mandatory drug or alcohol testing,
or both, or is assigned to |
9 | | be placed on an approved electronic monitoring
device, shall |
10 | | be ordered to pay all costs incidental to such mandatory drug
|
11 | | or alcohol testing, or both, and all costs
incidental to such |
12 | | approved electronic monitoring in accordance with the
|
13 | | defendant's ability to pay those costs. The county board with
|
14 | | the concurrence of the Chief Judge of the judicial
circuit in |
15 | | which the county is located shall establish reasonable fees |
16 | | for
the cost of maintenance, testing, and incidental expenses |
17 | | related to the
mandatory drug or alcohol testing, or both, and |
18 | | all costs incidental to
approved electronic monitoring, |
19 | | involved in a successful probation program
for the county. The |
20 | | concurrence of the Chief Judge shall be in the form of
an |
21 | | administrative order.
The fees shall be collected by the clerk |
22 | | of the circuit court, except as provided in an administrative |
23 | | order of the Chief Judge of the circuit court. The clerk of
the |
24 | | circuit court shall pay all moneys collected from these fees |
25 | | to the county
treasurer who shall use the moneys collected to |
26 | | defray the costs of
drug testing, alcohol testing, and |
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1 | | electronic monitoring.
The county treasurer shall deposit the |
2 | | fees collected in the
county working cash fund under Section |
3 | | 6-27001 or Section 6-29002 of the
Counties Code, as the case |
4 | | may be.
The Chief Judge of the circuit court of the county may |
5 | | by administrative order establish a program for electronic |
6 | | monitoring of offenders, in which a vendor supplies and |
7 | | monitors the operation of the electronic monitoring device, |
8 | | and collects the fees on behalf of the county. The program |
9 | | shall include provisions for indigent offenders and the |
10 | | collection of unpaid fees. The program shall not unduly burden |
11 | | the offender and shall be subject to review by the Chief Judge.
|
12 | | The Chief Judge of the circuit court may suspend any |
13 | | additional charges or fees for late payment, interest, or |
14 | | damage to any device. |
15 | | (h) Jurisdiction over an offender may be transferred from |
16 | | the
sentencing court to the court of another circuit with the |
17 | | concurrence of
both courts. Further transfers or retransfers |
18 | | of
jurisdiction are also
authorized in the same manner. The |
19 | | court to which jurisdiction has been
transferred shall have |
20 | | the same powers as the sentencing court.
The probation |
21 | | department within the circuit to which jurisdiction has been |
22 | | transferred, or which has agreed to provide supervision, may |
23 | | impose probation fees upon receiving the transferred offender, |
24 | | as provided in subsection (i). For all transfer cases, as |
25 | | defined in Section 9b of the Probation and Probation Officers |
26 | | Act, the probation department from the original sentencing |
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1 | | court shall retain all probation fees collected prior to the |
2 | | transfer. After the transfer,
all probation fees shall be paid |
3 | | to the probation department within the
circuit to which |
4 | | jurisdiction has been transferred.
|
5 | | (i) The court shall impose upon an offender
sentenced to |
6 | | probation after January 1, 1989 or to conditional discharge
|
7 | | after January 1, 1992 or to community service under the |
8 | | supervision of a
probation or court services department after |
9 | | January 1, 2004, as a condition of such probation or |
10 | | conditional
discharge or supervised community service, a fee |
11 | | of $50
for each month of probation or
conditional
discharge |
12 | | supervision or supervised community service ordered by the |
13 | | court, unless after
determining the inability of the person |
14 | | sentenced to probation or conditional
discharge or supervised |
15 | | community service to pay the
fee, the court assesses a lesser |
16 | | fee. The court may not impose the fee on a
minor who is placed |
17 | | in the guardianship or custody of the Department of Children |
18 | | and Family Services under the Juvenile Court Act of 1987
while |
19 | | the minor is in placement.
The fee shall be imposed only upon
|
20 | | an offender who is actively supervised by the
probation and |
21 | | court services
department. The fee shall be collected by the |
22 | | clerk
of the circuit court. The clerk of the circuit court |
23 | | shall pay all monies
collected from this fee to the county |
24 | | treasurer for deposit in the
probation and court services fund |
25 | | under Section 15.1 of the
Probation and Probation Officers |
26 | | Act.
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1 | | A circuit court may not impose a probation fee under this |
2 | | subsection (i) in excess of $25
per month unless the circuit |
3 | | court has adopted, by administrative
order issued by the chief |
4 | | judge, a standard probation fee guide
determining an |
5 | | offender's ability to pay . Of the
amount collected as a |
6 | | probation fee, up to $5 of that fee
collected per month may be |
7 | | used to provide services to crime victims
and their families. |
8 | | The Court may only waive probation fees based on an |
9 | | offender's ability to pay. The probation department may |
10 | | re-evaluate an offender's ability to pay every 6 months, and, |
11 | | with the approval of the Director of Court Services or the |
12 | | Chief Probation Officer, adjust the monthly fee amount. An |
13 | | offender may elect to pay probation fees due in a lump sum.
Any |
14 | | offender that has been assigned to the supervision of a |
15 | | probation department, or has been transferred either under |
16 | | subsection (h) of this Section or under any interstate |
17 | | compact, shall be required to pay probation fees to the |
18 | | department supervising the offender, based on the offender's |
19 | | ability to pay.
|
20 | | Public Act 93-970 deletes the $10 increase in the fee |
21 | | under this subsection that was imposed by Public Act 93-616. |
22 | | This deletion is intended to control over any other Act of the |
23 | | 93rd General Assembly that retains or incorporates that fee |
24 | | increase. |
25 | | (i-5) In addition to the fees imposed under subsection (i) |
26 | | of this Section, in the case of an offender convicted of a |
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1 | | felony sex offense (as defined in the Sex Offender Management |
2 | | Board Act) or an offense that the court or probation |
3 | | department has determined to be sexually motivated (as defined |
4 | | in the Sex Offender Management Board Act), the court or the |
5 | | probation department shall assess additional fees to pay for |
6 | | all costs of treatment, assessment, evaluation for risk and |
7 | | treatment, and monitoring the offender, based on that |
8 | | offender's ability to pay those costs either as they occur or |
9 | | under a payment plan. |
10 | | (j) All fines and costs imposed under this Section for any |
11 | | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle |
12 | | Code, or a similar
provision of a local ordinance, and any |
13 | | violation of the Child Passenger
Protection Act, or a similar |
14 | | provision of a local ordinance, shall be
collected and |
15 | | disbursed by the circuit clerk as provided under the Criminal |
16 | | and Traffic Assessment Act.
|
17 | | (k) Any offender who is sentenced to probation or |
18 | | conditional discharge for a felony sex offense as defined in |
19 | | the Sex Offender Management Board Act or any offense that the |
20 | | court or probation department has determined to be sexually |
21 | | motivated as defined in the Sex Offender Management Board Act |
22 | | shall be required to refrain from any contact, directly or |
23 | | indirectly, with any persons specified by the court and shall |
24 | | be available for all evaluations and treatment programs |
25 | | required by the court or the probation department.
|
26 | | (l) The court may order an offender who is sentenced to |