100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1291
 
Introduced 2/9/2017, by Sen. Julie A. Morrison
 
SYNOPSIS AS INTRODUCED:



See Index

 Creates the Lethal Violence Order of Protection Act. Provides that a petitioner may request an emergency lethal violence order of protection by filing an affidavit or verified pleading alleging that the respondent poses an immediate and present danger of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm. Provides that the petition shall also describe the type, and location of any firearm or firearms presently believed by the petitioner to be possessed or controlled by the respondent. Provides that the petitioner may be a family member of the respondent or a law enforcement officer, who files a petition alleging that the respondent poses a danger of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm. Establishes factors that the court must consider before issuing a lethal violence order of protection. Provides for the issuance of ex parte orders and one year orders. Provides that if the court issues the order the respondent must: (1) refrain from having in his or her custody or control, owning, purchasing, possessing, or receiving additional firearms for the duration of the order; and (2) turn over to the local law enforcement agency any firearm, Firearm Owner's Identification Card, or concealed carry license in his or her possession. Establishes factors for renewing and terminating lethal violence orders of protection. Amends the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act to make conforming changes. Defines "family member of the respondent", "lethal violence order of protection", "petitioner", and "respondent". 



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A BILL FOR
 


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1 AN ACT concerning orders of protection.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 1. Short title. This Act may be cited as the Lethal 
5Violence Order of Protection Act.

6 Section 5. Definitions.
As used in this Act:
7 "Family member of the respondent" means a spouse, parent, 
8child, or step-child of the respondent, any other person 
9related by blood or present marriage to the respondent, or a 
10person who shares a common dwelling with the respondent.
11 "Lethal violence order of protection" means an order issued 
12by the court, prohibiting and enjoining a named person from 
13having in his or her custody or control, owning, purchasing, 
14possessing, or receiving any firearms.

15 "Petitioner" means:
16  (1) a family member of the respondent as defined in 
17 this Act; or

18  (2) a law enforcement officer,
who files a petition 
19 alleging that the respondent poses a danger of causing 
20 personal injury to himself, herself, or another by having 
21 in his or her custody or control, owning, purchasing, 
22 possessing, or receiving a firearm.
23 "Respondent" means the person alleged in the petition to 
 
 
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1pose a danger of causing personal injury to himself, herself, 
2or another by having in his or her custody or control, owning, 
3purchasing, possessing, or receiving a firearm.

4 Section 10. Commencement of action; procedure.

5 (a) Actions for a lethal violence order of protection are 
6commenced by filing a verified petition for a lethal violence 
7order of protection in any circuit court.

8 (b) A petition for a lethal violence order of protection 
9may be filed in any county where the respondent resides.

10 (c) No fee shall be charged by the clerk for filing, 
11amending, vacating, certifying, or photocopying petitions or 
12orders; or for issuing alias summons; or for any related filing 
13service. No fee shall be charged by the sheriff for service by 
14the sheriff of a petition, rule, motion, or order in an action 
15commenced under this Section.
16 (d) The court shall provide, through the office of the 
17clerk of the court, simplified forms and clerical assistance to 
18help with the writing and filing of a petition under this 
19Section by any person not represented by counsel. In addition, 
20that assistance may be provided by the State's Attorney.


21 Section 15. Subject matter jurisdiction.
Each of the 
22circuit courts shall have the power to issue lethal violence 
23orders of protection.

 
 
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1 Section 20. Jurisdiction over persons.
The circuit courts 
2of this State have jurisdiction to bind (1) State residents and 
3(2) non-residents having minimum contacts with this State, to 
4the extent permitted by Section 2-209 of the Code of Civil 
5Procedure.


6 Section 25. Process.
The summons shall be in the form 
7prescribed by Supreme Court Rule 101(d), except that it shall 
8require respondent to answer or appear within 7 days. 
9Attachments to the summons or notice shall include the petition 
10for the lethal violence order of protection and supporting 
11affidavits, if any, and any emergency lethal violence order of 
12protection that has been issued. The enforcement of an order 
13under Section 35 shall not be affected by the lack of service, 
14delivery, or notice, provided the requirements of subsection 
15(f) of that Section are otherwise met.


16 Section 30. Service of notice of hearings.
Service of 
17notice of hearings. Except as provided in Section 25, notice of 
18hearings on petitions or motions shall be served in accordance 
19with Supreme Court Rules 11 and 12, unless notice is excused by 
20Section 35 of this Act, or by the Code of Civil Procedure, 
21Supreme Court Rules, or local rules.


22 Section 35. Ex parte orders and emergency hearings.

23 (a) A petitioner may request an emergency lethal violence 
 
 
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1order of protection by filing an affidavit or verified pleading 
2alleging that the respondent poses an immediate and present 
3danger of causing personal injury to himself, herself, or 
4another by having in his or her custody or control, owning, 
5purchasing, possessing, or receiving a firearm. The petition 
6shall also describe the type, and location of any firearm or 
7firearms presently believed by the petitioner to be possessed 
8or controlled by the respondent.

9 (b) Every person who files a petition for an emergency 
10lethal violence order, knowing the information provided to the 
11court at any hearing or in the affidavit or verified pleading 
12to be false, is guilty of perjury under Section 32-2 of the 
13Criminal Code of 2012.

14 (c) An emergency order of protection shall be issued on an 
15ex parte basis, that is, without notice to the respondent.

16 (d) An emergency hearing held on an ex parte basis shall be 
17held the same day that the petition is filed or the next day 
18that the court is in session.

19 (e) If a circuit or associate judge finds reasonable cause 
20to believe that the respondent poses an immediate and present 
21danger of causing personal injury to himself, herself, or 
22another by having in his or her custody or control, owning, 
23purchasing, possessing, or receiving a firearm the circuit or 
24associate judge shall issue an emergency order.

25 (f) An emergency lethal violence order of protection shall 
26require:

 
 
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1  (1) the respondent to refrain from having in his or her 
2 custody or control, owning, purchasing, possessing, or 
3 receiving additional firearms for the duration of the 
4 order;

5  (2) the respondent to turn over to the local law 
6 enforcement agency any Firearm Owner's Identification Card 
7 and concealed carry license in his or her possession. The 
8 local law enforcement agency shall immediately mail the 
9 card and concealed carry license to the Department of State 
10 Police Firearm Owner's Identification Card Office for 
11 safekeeping. The firearm or firearms and Firearm Owner's 
12 Identification Card and concealed carry license, if 
13 unexpired, shall at the respondent's request, be returned 
14 to the respondent after the lethal violence order of 
15 protection is terminated or expired. It is the respondent's 
16 responsibility to notify the Department of State Police 
17 Firearm Owner's Identification Card Office; and

18  (3) any law-enforcement agency to forthwith search for 
19 and seize firearms of the respondent upon probable cause 
20 that the respondent has possession of a firearm, and 
21 petitioner or the court can describe, with sufficient 
22 particularity, the location of the firearm or firearms.

23 (g) Upon expiration of the period of safekeeping, if the 
24firearms or Firearm Owner's Identification Card and concealed 
25carry license cannot be returned to respondent because 
26respondent cannot be located, fails to respond to requests to 
 
 
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1retrieve the firearms, or is not lawfully eligible to possess a 
2firearm, upon petition from the local law enforcement agency, 
3the court may order the local law enforcement agency to destroy 
4the firearms, use the firearms for training purposes, or for 
5any other application as deemed appropriate by the local law 
6enforcement agency.

7 (h) In accordance with subsection (d) of this Section, the 
8court shall schedule a full hearing within 14 days of the 
9issuance of an ex parte lethal violence order of protection to 
10determine if a one-year lethal violence order of protection 
11shall be issued. The court may extend an ex parte order as 
12needed, but not to exceed 30 days, to effectuate service of the 
13order or if necessary to continue protection.


14 Section 40. One-year orders.

15 (a) A petitioner may request a one-year lethal violence 
16order of protection by filing an affidavit or verified pleading 
17alleging that the respondent poses a significant danger of 
18causing personal injury to himself, herself, or another in the 
19near future by having in his or her custody or control, owning, 
20purchasing, possessing, or receiving a firearm. The petition 
21shall also describe the number, types, and locations of any 
22firearms presently believed by the petitioner to be possessed 
23or controlled by the respondent.

24 (b) Every person who files a petition for an emergency 
25lethal violence order, knowing the information provided to the 
 
 
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1court at any hearing or in the affidavit or verified pleading 
2to be false, is guilty of perjury under Section 32-2 of the 
3Criminal Code of 2012.

4 (c) Upon receipt of a petition for a one-year lethal 
5violence order of protection, the court shall order a hearing 
6within 30 days.

7 (d) In determining whether to issue a lethal violence order 
8of protection under this Section, the court shall consider 
9evidence of:

10  (1) A recent threat of violence or act of violence by 
11 the respondent directed toward himself, herself, or 
12 another.

13  (2) A violation of an emergency order of protection 
14 issued under Section 217 of the Illinois Domestic Violence 
15 Act of 1986 or Section 112A-17 of the Code of Criminal 
16 Procedure of 1963 or of an order of protection issued under 
17 Section 214 of the Illinois Domestic Violence Act of 1986 
18 or Section 112A-14 of the Code of Criminal Procedure of 
19 1963.

20  (3) A pattern of violent acts or violent threats, 
21 including, but not limited to, threats of violence or acts 
22 of violence by the respondent directed toward himself, 
23 herself, or another.

24 (e) In determining whether to issue a lethal violence order 
25of protection under this Section, the court may consider 
26evidence including, but not limited to, the following:

 
 
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1  (1) The unlawful and reckless use, display, or 
2 brandishing of a firearm by the respondent.

3  (2) The history of use, attempted use, or threatened 
4 use of physical force by the respondent against another 
5 person.

6  (3) Any prior arrest of the respondent for a felony 
7 offense.
8  (4) Evidence of the abuse of controlled substances or 
9 alcohol by the respondent.
10  (5) Evidence of recent acquisition of firearms, 
11 ammunition, or other deadly weapons.
12 (f) At the hearing, the petitioner shall have the burden of 
13proving, by preponderance of the evidence, that the respondent 
14poses a significant danger of personal injury to himself, 
15herself, or another by having in his or her custody or control, 
16owning, purchasing, possessing, or receiving a firearm.
17 (g) If the court finds that there is a preponderance of the 
18evidence to issue a lethal violence order of protection, the 
19court shall issue a lethal violence order of protection that 
20shall be in effect for one year subject to renewal under 
21Section 45 of this Act or termination under that Section. 
22 (h) A one-year lethal violence order of protection shall 
23require:
24  (1) the respondent to refrain from having in his or her 
25 custody or control, owning, purchasing, possessing or 
26 receiving additional firearms for the duration of the 
 
 
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1 order;
2  (2) the respondent to turn over to the local law 
3 enforcement agency any firearm or Firearm Owner's 
4 Identification Card and concealed carry license in his or 
5 her possession. The local law enforcement agency shall 
6 immediately mail the card and concealed carry license to 
7 the Department of State Police Firearm Owner's 
8 Identification Card Office for safekeeping. The firearm or 
9 firearms and Firearm Owner's Identification Card and 
10 concealed carry license, if unexpired shall at the 
11 respondent's request, be returned to the respondent after 
12 the lethal violence order of protection is terminated or 
13 expired. It is the respondent's responsibility to notify 
14 the Department of State Police Firearm Owner's 
15 Identification Card Office; and 
16  (3) any law-enforcement agency to forthwith search for 
17 and seize firearms of the respondent upon probable cause 
18 that the respondent has possession of a firearm, and 
19 petitioner can describe, with sufficient particularity, 
20 the location of the firearm or firearms. 
21 (i) Upon expiration of the period of safekeeping, if the 
22firearms or Firearm Owner's Identification Card cannot be 
23returned to respondent because respondent cannot be located, 
24fails to respond to requests to retrieve the firearms, or is 
25not lawfully eligible to possess a firearm, upon petition from 
26the local law enforcement agency, the court may order the local 
 
 
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1law enforcement agency to destroy the firearms, use the 
2firearms for training purposes, or for any other application as 
3deemed appropriate by the local law enforcement agency.
4 (j) If the court does not issue a lethal violence order of 
5protection at the hearing, the court shall dissolve any 
6emergency lethal violence order of protection then in effect.
7 (k) When the court issues a lethal violence order of 
8protection under this Section, the court shall inform the 
9respondent that he or she is entitled to one hearing during the 
10period of the order to request a termination of the order, 
11under Section 45 of this Act, and shall provide the respondent 
12with a form to request a hearing. 

13 Section 45. Termination and renewal.

14 (a) A person subject to a lethal violence order of 
15protection issued under this Act may submit one written request 
16at any time during the effective period of the order for a 
17hearing to terminate the order.
18  (1) The respondent shall have the burden of proving by 
19 a preponderance of the evidence that the respondent does 
20 not pose a danger of causing personal injury to himself, 
21 herself, or another in the near future by having in his or 
22 her custody or control, owning, purchasing, possessing, or 
23 receiving a firearm.
24  (2) If the court finds after the hearing that the 
25 respondent has met his or her burden, the court shall 
 
 
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1 terminate the order.

2 (b) A petitioner may request a renewal of a lethal violence 
3order of protection at any time within the 3 months before the 
4expiration of a lethal violence order of protection.
5  (1) A court shall, after notice and a hearing, renew a 
6 lethal violence order of protection issued under this part 
7 if the petitioner proves, by a preponderance of the 
8 evidence, that the respondent continues to pose a danger of 
9 causing personal injury to himself, herself, or another in 
10 the near future by having in his or her custody or control, 
11 owning, purchasing, possessing, or receiving a firearm.
12  (2) In determining whether to renew a lethal violence 
13 order of protection issued under this Act, the court shall 
14 consider evidence of the facts identified in subsection (d) 
15 of Section 40 of this Act and any other evidence of an 
16 increased risk for violence, including, but not limited to, 
17 evidence of any of the factors identified in subsection (e) 
18 of Section 40 of this Act. 
19  (3) At the hearing, the petitioner shall have the 
20 burden of proving, by a preponderance of the evidence that 
21 the respondent continues to pose a danger of causing 
22 personal injury to himself, herself, or another in the near 
23 future by having in his or her custody or control, owning, 
24 purchasing, possessing, or receiving a firearm.
25  (4) The renewal of a lethal violence order of 
26 protection issued under this Section shall be in effect for 
 
 
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1 one year, subject to termination by further order of the 
2 court at a hearing held under this Section and further 
3 renewal by further order of the court under this Section.

4 Section 50. Notice of orders.

5 (a) Entry and issuance. Upon issuance of any lethal 
6violence order of protection, the clerk shall immediately, or 
7on the next court day if an emergency lethal violence order of 
8protection is issued in accordance with Section 35 of this Act 
9(emergency lethal violence order of protection), (i) enter the 
10order on the record and file it in accordance with the circuit 
11court procedures and (ii) provide a file stamped copy of the 
12order to respondent, if present, and to petitioner.

13 (b) Filing with sheriff. The clerk of the issuing judge 
14shall, or the petitioner may, on the same day that a lethal 
15violence order of protection is issued, file a certified copy 
16of that order with the sheriff or other law enforcement 
17officials charged with maintaining Department of State Police 
18records or charged with serving the order upon respondent. If 
19the order was issued in accordance with Section 35 of this Act 
20(emergency lethal violence order of protection), the clerk 
21shall on the next court day, file a certified copy of the order 
22with the sheriff or other law enforcement officials charged 
23with maintaining Department of State Police records.

24 (c) Service by sheriff. Unless respondent was present in 
25court when the order was issued, the sheriff, other law 
 
 
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1enforcement official, or special process server shall promptly 
2serve that order upon respondent and file proof of the service, 
3in the manner provided for service of process in civil 
4proceedings. Instead of serving the order upon the respondent, 
5however, the sheriff, other law enforcement official, special 
6process server, or other persons defined in Section 112A-22.10 
7of the Criminal Code of 1963 may serve the respondent with a 
8short form notification as provided in that Section. If process 
9has not yet been served upon the respondent, it shall be served 
10with the order or short form notification if the service is 
11made by the sheriff, other law enforcement official, or special 
12process server. A single fee may be charged for service of an 
13order obtained in circuit court, or for service of the order 
14together with process, unless waived or deferred under 
15subsection (c) of Section 10 of this Act.
16 (d) Any order renewing or terminating any lethal violence 
17order of protection shall be promptly recorded, issued, and 
18served as provided in this Section.

19 Section 55. Data maintenance by law enforcement agencies.

20 (a) All sheriffs shall furnish to the Department of State 
21Police, daily, in the form and detail the Department requires, 
22copies of any recorded lethal violence order of protection 
23issued by the court, and any foreign orders of protection filed 
24by the clerk of the court, and transmitted to the sheriff by 
25the clerk of the court under Section 50. Each lethal violence 
 
 
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1order of protection shall be entered in the Law Enforcement 
2Agencies Data System (LEADS) on the same day it is issued by 
3the court. If an emergency lethal violence order of protection 
4was issued in accordance with Section 35 of this Act, the order 
5shall be entered in the Law Enforcement Agencies Data System 
6(LEADS) as soon as possible after receipt from the clerk.
7 (b) The Department of State Police shall maintain a 
8complete and systematic record and index of all valid and 
9recorded lethal violence orders of protection issued or filed 
10under this Act. The data shall be used to inform all 
11dispatchers and law enforcement officers at the scene of a 
12violation of lethal violence order of protection of the 
13effective dates and terms of any recorded order of protection.

14 (c) The data, records and transmittals required under this 
15Section shall pertain to any valid emergency or one-year lethal 
16violence order of protection, whether issued in a civil or 
17criminal proceeding or authorized under the laws of another 
18state, tribe, or United States territory.


19 Section 60. Filing of a lethal violence order of protection 
20issued by another state.

21 (a) A person entitled to protection under a lethal violence 
22order of protection or similar order issued by the court of 
23another state, tribe, or United States territory may file a 
24certified copy of the lethal violence order of protection with 
25the clerk of the court in a judicial circuit in which the 
 
 
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1person believes that enforcement may be necessary.

2 (b) The clerk shall:

3  (1) treat the foreign lethal violence order of 
4 protection in the same manner as a judgment of the circuit 
5 court for any county of this State in accordance with the 
6 provisions of the Uniform Enforcement of Foreign Judgments 
7 Act, except that the clerk shall not mail notice of the 
8 filing of the foreign order to the respondent named in the 
9 order; and
10  (2) on the same day that a foreign lethal violence 
11 order of protection is filed, file a certified copy of that 
12 order with the sheriff or other law enforcement officials 
13 charged with maintaining Department of State Police 
14 records as set forth in Section 55 of this Act.
15 (c) Neither residence in this State nor filing of a foreign 
16lethal violence order of protection shall be required for 
17enforcement of the order by this State. Failure to file the 
18foreign order shall not be an impediment to its treatment in 
19all respects as an Illinois lethal violence order of 
20protection.
21 (d) The clerk shall not charge a fee to file a foreign 
22order of protection under this Section.


23 Section 65. Enforcement; sanctions for violation of order.

24 (a) A respondent who knowingly violates a lethal violence 
25order of protection is guilty of a Class A misdemeanor. 
 
 
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1Prosecution for a violation of a lethal violence order of 
2protection shall not bar concurrent prosecution for any other 
3crime, including any crime that may have been committed at the 
4time of the violation of the lethal violence order of 
5protection.

6 (b) A petitioner who files a petition for a lethal violence 
7order of protection knowing the information in the petition to 
8be false is guilty of a Class A misdemeanor.


9 Section 70. Non-preclusion of remedies.
Nothing in this Act 
10shall preclude a petitioner or law-enforcement officer from 
11removing weapons under other authority, or filing criminal 
12charges when probable cause exists.


13 Section 135. The Firearm Owners Identification Card Act is 
14amended by changing Section 8.2 as follows:

15 (430 ILCS 65/8.2)
16 Sec. 8.2. Firearm Owner's Identification Card denial or 
17revocation. The Department of State Police shall deny an 
18application or shall revoke and seize a Firearm Owner's 
19Identification Card previously issued under this Act if the 
20Department finds that the applicant or person to whom such card 
21was issued is or was at the time of issuance subject to an 
22existing order of protection or lethal violence order of 
23protection.

 
 
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1(Source: P.A. 96-701, eff. 1-1-10.)


2 Section 140. The Firearm Concealed Carry Act is amended by 
3changing Section 70 as follows:

4 (430 ILCS 66/70)

5 Sec. 70. Violations. 
6 (a) A license issued or renewed under this Act shall be 
7revoked if, at any time, the licensee is found to be ineligible 
8for a license under this Act or the licensee no longer meets 
9the eligibility requirements of the Firearm Owners 
10Identification Card Act.
11 (b) A license shall be suspended if an order of protection, 
12including an emergency order of protection, plenary order of 
13protection, or interim order of protection under Article 112A 
14of the Code of Criminal Procedure of 1963 or under the Illinois 
15Domestic Violence Act of 1986, or if a lethal violence order of 
16protection, including an emergency lethal violence order of 
17protection, under the Lethal Violence Order of Protection Act, 
18is issued against a licensee for the duration of the order, or 
19if the Department is made aware of a similar order issued 
20against the licensee in any other jurisdiction. If an order of 
21protection is issued against a licensee, the licensee shall 
22surrender the license, as applicable, to the court at the time 
23the order is entered or to the law enforcement agency or entity 
24serving process at the time the licensee is served the order. 
 
 
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1The court, law enforcement agency, or entity responsible for 
2serving the order of protection shall notify the Department 
3within 7 days and transmit the license to the Department.
4 (c) A license is invalid upon expiration of the license, 
5unless the licensee has submitted an application to renew the 
6license, and the applicant is otherwise eligible to possess a 
7license under this Act.
8 (d) A licensee shall not carry a concealed firearm while 
9under the influence of alcohol, other drug or drugs, 
10intoxicating compound or combination of compounds, or any 
11combination thereof, under the standards set forth in 
12subsection (a) of Section 11-501 of the Illinois Vehicle Code.
13 A licensee in violation of this subsection (d) shall be 
14guilty of a Class A misdemeanor for a first or second violation 
15and a Class 4 felony for a third violation. The Department may 
16suspend a license for up to 6 months for a second violation and 
17shall permanently revoke a license for a third violation.
18 (e) Except as otherwise provided, a licensee in violation 
19of this Act shall be guilty of a Class B misdemeanor. A second 
20or subsequent violation is a Class A misdemeanor. The 
21Department may suspend a license for up to 6 months for a 
22second violation and shall permanently revoke a license for 3 
23or more violations of Section 65 of this Act. Any person 
24convicted of a violation under this Section shall pay a $150 
25fee to be deposited into the Mental Health Reporting Fund, plus 
26any applicable court costs or fees.
 
 
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1 (f) A licensee convicted or found guilty of a violation of 
2this Act who has a valid license and is otherwise eligible to 
3carry a concealed firearm shall only be subject to the 
4penalties under this Section and shall not be subject to the 
5penalties under Section 21-6, paragraph (4), (8), or (10) of 
6subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) 
7of paragraph (3) of subsection (a) of Section 24-1.6 of the 
8Criminal Code of 2012. Except as otherwise provided in this 
9subsection, nothing in this subsection prohibits the licensee 
10from being subjected to penalties for violations other than 
11those specified in this Act.
12 (g) A licensee whose license is revoked, suspended, or 
13denied shall, within 48 hours of receiving notice of the 
14revocation, suspension, or denial, surrender his or her 
15concealed carry license to the local law enforcement agency 
16where the person resides. The local law enforcement agency 
17shall provide the licensee a receipt and transmit the concealed 
18carry license to the Department of State Police. If the 
19licensee whose concealed carry license has been revoked, 
20suspended, or denied fails to comply with the requirements of 
21this subsection, the law enforcement agency where the person 
22resides may petition the circuit court to issue a warrant to 
23search for and seize the concealed carry license in the 
24possession and under the custody or control of the licensee 
25whose concealed carry license has been revoked, suspended, or 
26denied. The observation of a concealed carry license in the 
 
 
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1possession of a person whose license has been revoked, 
2suspended, or denied constitutes a sufficient basis for the 
3arrest of that person for violation of this subsection. A 
4violation of this subsection is a Class A misdemeanor.
5 (h) A license issued or renewed under this Act shall be 
6revoked if, at any time, the licensee is found ineligible for a 
7Firearm Owner's Identification Card, or the licensee no longer 
8possesses a valid Firearm Owner's Identification Card. A 
9licensee whose license is revoked under this subsection (h) 
10shall surrender his or her concealed carry license as provided 
11for in subsection (g) of this Section. 
12 This subsection shall not apply to a person who has filed 
13an application with the State Police for renewal of a Firearm

14Owner's Identification Card and who is not otherwise ineligible 
15to obtain a Firearm Owner's Identification Card.

16 (i) A certified firearms instructor who knowingly provides 
17or offers to provide a false certification that an applicant 
18has completed firearms training as required under this Act is 
19guilty of a Class A misdemeanor. A person guilty of a violation 
20of this subsection (i) is not eligible for court supervision. 
21The Department shall permanently revoke the firearms 
22instructor certification of a person convicted under this 
23subsection (i). 
24(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899, 
25eff. 8-15-14.)

 
 
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1
INDEX

2
Statutes amended in order of appearance