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1		AN ACT concerning regulation.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 1. Short title. This Act may be cited as the
5		Firearm Concealed Carry Act.
6		Section 5. Definitions. As used in this Act:
7		"Applicant" means a person who is applying for a license to
8		carry a concealed firearm under this Act.
9		"Board" means the Concealed Carry Licensing Review Board.
10		"Concealed firearm" means a loaded or unloaded handgun
11		carried on or about a person completely or mostly concealed
12		from view of the public or on or about a person within a
13		vehicle.
14		"Department" means the Department of State Police.
15		"Director" means the Director of State Police.
16		"Handgun" means any device which is designed to expel a
17		projectile or projectiles by the action of an explosion,
18		expansion of gas, or escape of gas that is designed to be held
19		and fired by the use of a single hand. "Handgun" does not
20		include:
21		(1) a stun gun or taser;
22		(2) a machine gun as defined in item (i) of paragraph
23		(7) of subsection (a) of Section 24-1 of the Criminal Code

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1		of 2012;
2		(3) a short-barreled rifle or shotgun as defined in
3		item (ii) of paragraph (7) of subsection (a) of Section
4		24-1 of the Criminal Code of 2012; or
5		(4) any pneumatic gun, spring gun, paint ball gun, or
6		B-B gun which expels a single globular projectile not
7		exceeding .18 inch in diameter, or which has a maximum
8		muzzle velocity of less than 700 feet per second, or which
9		expels breakable paint balls containing washable marking
10		colors.
11		"Law enforcement agency" means any federal, State, or local
12		law enforcement agency, including offices of State's Attorneys
13		and the Office of the Attorney General.
14		"License" means a license issued by the Department of State
15		Police to carry a concealed handgun.
16		"Licensee" means a person issued a license to carry a
17		concealed handgun.
18		"Municipality" has the meaning ascribed to it in Section 1
19		of Article VII of the Illinois Constitution.
20		"Unit of local government" has the meaning ascribed to it
21		in Section 1 of Article VII of the Illinois Constitution.
22		Section 10. Issuance of licenses to carry a concealed
23		firearm.
24		(a) The Department shall issue a license to carry a
25		concealed firearm under this Act to an applicant who:

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1		(1) meets the qualifications of Section 25 of this Act;
2		(2) has provided the application and documentation
3		required in Section 30 of this Act;
4		(3) has submitted the requisite fees; and
5		(4) does not pose a danger to himself, herself, or
6		others, or a threat to public safety as determined by the
7		Concealed Carry Licensing Review Board in accordance with
8		Section 20.
9		(b) The Department shall issue a renewal, corrected, or
10		duplicate license as provided in this Act.
11		(c) A license shall be valid throughout the State for a
12		period of 5 years from the date of issuance. A license shall
13		permit the licensee to:
14		(1) carry a loaded or unloaded concealed firearm, fully
15		concealed or partially concealed, on or about his or her
16		person; and
17		(2) keep or carry a loaded or unloaded concealed
18		firearm on or about his or her person within a vehicle.
19		(d) The Department shall make applications for a license
20		available no later than 180 days after the effective date of
21		this Act. The Department shall establish rules for the
22		availability and submission of applications in accordance with
23		this Act.
24		(e) An application for a license submitted to the
25		Department that contains all the information and materials
26		required by this Act, including the requisite fee, shall be

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1		deemed completed. Except as otherwise provided in this Act, no
2		later than 90 days after receipt of a completed application,
3		the Department shall issue or deny the applicant a license.
4		(f) The Department shall deny the applicant a license if
5		the applicant fails to meet the requirements under this Act or
6		the Department receives a determination from the Board that the
7		applicant is ineligible for a license. The Department must
8		notify the applicant stating the grounds for the denial. The
9		notice of denial must inform the applicant of his or her right
10		to an appeal through administrative and judicial review.
11		(g) A licensee shall possess a license at all times the
12		licensee carries a concealed firearm except:
13		(1) when the licensee is carrying or possessing a
14		concealed firearm on his or her land or in his or her
15		abode, legal dwelling, or fixed place of business, or on
16		the land or in the legal dwelling of another person as an
17		invitee with that person's permission;
18		(2) when the person is authorized to carry a firearm
19		under Section 24-2 of the Criminal Code of 2012, except
20		subsection (a-5) of that Section; or
21		(3) when the handgun is broken down in a
22		non-functioning state, is not immediately accessible, or
23		is unloaded and enclosed in a case.
24		(h) If an officer of a law enforcement agency initiates an
25		investigative stop, including but not limited to a traffic
26		stop, of a licensee who is carrying a concealed firearm, upon

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1		the request of the officer the licensee shall disclose to the
2		officer that he or she is in possession of a concealed firearm
3		under this Act, present the license upon the request of the
4		officer, and identify the location of the concealed firearm.
5		(i) The Department shall maintain a database of license
6		applicants and licensees. The database shall be available to
7		all federal, State, and local law enforcement agencies, State's
8		Attorneys, the Attorney General, and authorized court
9		personnel. Within 180 days after the effective date of this
10		Act, the database shall be searchable and provide all
11		information included in the application, including the
12		applicant's previous addresses within the 10 years prior to the
13		license application and any information related to violations
14		of this Act. No law enforcement agency, State's Attorney,
15		Attorney General, or member or staff of the judiciary shall
16		provide any information to a requester who is not entitled to
17		it by law.
18		(j) No later than 10 days after receipt of a completed
19		application, the Department shall enter the relevant
20		information about the applicant into the database under
21		subsection (i) of this Section which is accessible by law
22		enforcement agencies.
23		Section 15. Objections by law enforcement agencies.
24		(a) Any law enforcement agency may submit an objection to a
25		license applicant based upon a reasonable suspicion that the

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1		applicant is a danger to himself or herself or others, or a
2		threat to public safety. The objection shall be made by the
3		chief law enforcement officer of the law enforcement agency, or
4		his or her designee, and must include any information relevant
5		to the objection. If a law enforcement agency submits an
6		objection within 30 days after the entry of an applicant into
7		the database, the Department shall submit the objection and all
8		information related to the application to the Board within 10
9		days of completing all necessary background checks.
10		(b) If an applicant has 5 or more arrests for any reason,
11		that have been entered into the Criminal History Records
12		Information (CHRI) System, within the 7 years preceding the
13		date of application for a license, or has 3 or more arrests
14		within the 7 years preceding the date of application for a
15		license for any combination of gang-related offenses, the
16		Department shall object and submit the applicant's arrest
17		record, the application materials, and any additional
18		information submitted by a law enforcement agency to the Board.
19		For purposes of this subsection, "gang-related offense" is an
20		offense described in Section 12-6.4, Section 24-1.8, Section
21		25-5, Section 33-4, or Section 33G-4, or in paragraph (1) of
22		subsection (a) of Section 12-6.2, paragraph (2) of subsection
23		(b) of Section 16-30, paragraph (2) of subsection (b) of
24		Section 31-4, or item (iii) of paragraph (1.5) of subsection
25		(i) of Section 48-1 of the Criminal Code of 2012.
26		(c) The referral of an objection under this Section to the

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1		Board shall toll the 90-day period for the Department to issue
2		or deny the applicant a license under subsection (e) of Section
3		10 of this Act, during the period of review and until the Board
4		issues its decision.
5		(d) If no objection is made by a law enforcement agency or
6		the Department under this Section, the Department shall process
7		the application in accordance with this Act.
8		Section 20. Concealed Carry Licensing Review Board.
9		(a) There is hereby created a Concealed Carry Licensing
10		Review Board to consider any objection to an applicant's
11		eligibility to obtain a license under this Act submitted by a
12		law enforcement agency or the Department under Section 15 of
13		this Act. The Board shall consist of 7 commissioners to be
14		appointed by the Governor, with the advice and consent of the
15		Senate, with 3 commissioners residing within the First Judicial
16		District and one commissioner residing within each of the 4
17		remaining Judicial Districts. No more than 4 commissioners
18		shall be members of the same political party. The Governor
19		shall designate one commissioner as the Chairperson. The Board
20		shall consist of:
21		(1) one commissioner with at least 5 years of service
22		as a federal judge;
23		(2) 2 commissioners with at least 5 years of experience
24		serving as an attorney with the United States Department of
25		Justice;

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1		(3) 3 commissioners with at least 5 years of experience
2		as a federal agent or employee with investigative
3		experience or duties related to criminal justice under the
4		United States Department of Justice, Drug Enforcement
5		Administration, Department of Homeland Security, or
6		Federal Bureau of Investigation; and
7		(4) one member with at least 5 years of experience as a
8		licensed physician or clinical psychologist with expertise
9		in the diagnosis and treatment of mental illness.
10		(b) The initial terms of the commissioners shall end on
11		January 12, 2015. Thereafter, the commissioners shall hold
12		office for 4 years, with terms expiring on the second Monday in
13		January of the fourth year. Commissioners may be reappointed.
14		Vacancies in the office of commissioner shall be filled in the
15		same manner as the original appointment, for the remainder of
16		the unexpired term. The Governor may remove a commissioner for
17		incompetence, neglect of duty, malfeasance, or inability to
18		serve. Commissioners shall receive compensation in an amount
19		equal to the compensation of members of the Executive Ethics
20		Commission and may be reimbursed for reasonable expenses
21		actually incurred in the performance of their Board duties,
22		from funds appropriated for that purpose.
23		(c) The Board shall meet at the call of the chairperson as
24		often as necessary to consider objections to applications for a
25		license under this Act. If necessary to ensure the
26		participation of a commissioner, the Board shall allow a

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1		commissioner to participate in a Board meeting by electronic
2		communication. Any commissioner participating electronically
3		shall be deemed present for purposes of establishing a quorum
4		and voting.
5		(d) The Board shall adopt rules for the conduct of
6		hearings. The Board shall maintain a record of its decisions
7		and all materials considered in making its decisions. All Board
8		decisions and voting records shall be kept confidential and all
9		materials considered by the Board shall be exempt from
10		inspection except upon order of a court.
11		(e) In considering an objection of a law enforcement agency
12		or the Department, the Board shall review the materials
13		received with the objection from the law enforcement agency or
14		the Department. By a vote of at least 4 commissioners, the
15		Board may request additional information from the law
16		enforcement agency, Department, or the applicant, or the
17		testimony of the law enforcement agency, Department, or the
18		applicant. The Board may only consider information submitted by
19		the Department, a law enforcement agency, or the applicant. The
20		Board shall review each objection and determine by a majority
21		of commissioners whether an applicant is eligible for a
22		license.
23		(f) The Board shall issue a decision within 30 days of
24		receipt of the objection from the Department. However, the
25		Board need not issue a decision within 30 days if:
26		(1) the Board requests information from the applicant

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1		in accordance with subsection (e) of this Section, in which
2		case the Board shall make a decision within 30 days of
3		receipt of the required information from the applicant;
4		(2) the applicant agrees, in writing, to allow the
5		Board additional time to consider an objection; or
6		(3) the Board notifies the applicant and the Department
7		that the Board needs an additional 30 days to issue a
8		decision.
9		(g) If the Board determines by a preponderance of the
10		evidence that the applicant poses a danger to himself or
11		herself or others, or is a threat to public safety, then the
12		Board shall affirm the objection of the law enforcement agency
13		or the Department and shall notify the Department that the
14		applicant is ineligible for a license. If the Board does not
15		determine by a preponderance of the evidence that the applicant
16		poses a danger to himself or herself or others, or is a threat
17		to public safety, then the Board shall notify the Department
18		that the applicant is eligible for a license.
19		(h) Meetings of the Board shall not be subject to the Open
20		Meetings Act and records of the Board shall not be subject to
21		the Freedom of Information Act.
22		(i) The Board shall report monthly to the Governor and the
23		General Assembly on the number of objections received and
24		provide details of the circumstances in which the Board has
25		determined to deny licensure based on law enforcement or
26		Department objections under Section 15 of this Act. The report

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1		shall not contain any identifying information about the
2		applicants.
3		Section 25. Qualifications for a license.
4		The Department shall issue a license to an applicant
5		completing an application in accordance with Section 30 of this
6		Act if the person:
7		(1) is at least 21 years of age;
8		(2) has a currently valid Firearm Owner's
9		Identification Card and at the time of application meets
10		the requirements for the issuance of a Firearm Owner's
11		Identification Card and is not prohibited under the Firearm
12		Owners Identification Card Act or federal law from
13		possessing or receiving a firearm;
14		(3) has not been convicted or found guilty in this
15		State or in any other state of:
16		(A) a misdemeanor involving the use or threat of
17		physical force or violence to any person within the 5
18		years preceding the date of the license application; or
19		(B) 2 or more violations related to driving while
20		under the influence of alcohol, other drug or drugs,
21		intoxicating compound or compounds, or any combination
22		thereof, within the 5 years preceding the date of the
23		license application; and
24		(4) is not the subject of a pending arrest warrant,
25		prosecution, or proceeding for an offense or action that

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1		could lead to disqualification to own or possess a firearm;
2		(5) has not been in residential or court-ordered
3		treatment for alcoholism, alcohol detoxification, or drug
4		treatment within the 5 years immediately preceding the date
5		of the license application; and
6		(6) has completed firearms training and any education
7		component required under Section 75 of this Act.
8		Section 30. Contents of license application.
9		(a) The license application shall be in writing, under
10		penalty of perjury, on a standard form adopted by the
11		Department and shall be accompanied by the documentation
12		required in this Section and the applicable fee. Each
13		application form shall include the following statement printed
14		in bold type: "Warning: Entering false information on this form
15		is punishable as perjury under Section 32-2 of the Criminal
16		Code of 2012."
17		(b) The application shall contain the following:
18		(1) the applicant's name, current address, date and
19		year of birth, place of birth, height, weight, hair color,
20		eye color, maiden name or any other name the applicant has
21		used or identified with, and any address where the
22		applicant resided for more than 30 days within the 10 years
23		preceding the date of the license application;
24		(2) the applicant's valid driver's license number or
25		valid state identification card number;

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1		(3) a waiver of the applicant's privacy and
2		confidentiality rights and privileges under all federal
3		and state laws, including those limiting access to juvenile
4		court, criminal justice, psychological, or psychiatric
5		records or records relating to any institutionalization of
6		the applicant, and an affirmative request that a person
7		having custody of any of these records provide it or
8		information concerning it to the Department;
9		(4) an affirmation that the applicant possesses a
10		currently valid Firearm Owner's Identification Card and
11		card number if possessed or notice the applicant is
12		applying for a Firearm Owner's Identification Card in
13		conjunction with the license application;
14		(5) an affirmation that the applicant has not been
15		convicted or found guilty of:
16		(A) a felony;
17		(B) a misdemeanor involving the use or threat of
18		physical force or violence to any person within the 5
19		years preceding the date of the application; or
20		(C) 2 or more violations related to driving while
21		under the influence of alcohol, other drug or drugs,
22		intoxicating compound or compounds, or any combination
23		thereof, within the 5 years preceding the date of the
24		license application; and
25		(6) whether the applicant has failed a drug test for a
26		drug for which the applicant did not have a prescription,

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1		within the previous year, and if so, the provider of the
2		test, the specific substance involved, and the date of the
3		test;
4		(7) written consent for the Department to review and
5		use the applicant's Illinois digital driver's license or
6		Illinois identification card photograph and signature;
7		(8) a full set of fingerprints submitted to the
8		Department in electronic format, provided the Department
9		may accept an application submitted without a set of
10		fingerprints in which case the Department shall be granted
11		30 days in addition to the 90 days provided under
12		subsection (e) of Section 10 of this Act to issue or deny a
13		license;
14		(9) a head and shoulder color photograph in a size
15		specified by the Department taken within the 30 days
16		preceding the date of the license application; and
17		(10) a photocopy of any certificates or other evidence
18		of compliance with the training requirements under this
19		Act.
20		Section 35. Investigation of the applicant.
21		The Department shall conduct a background check of the
22		applicant to ensure compliance with the requirements of this
23		Act and all federal, State, and local laws. The background
24		check shall include a search of the following:
25		(1) the National Instant Criminal Background Check

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1		System of the Federal Bureau of Investigation;
2		(2) all available state and local criminal history
3		record information files, including records of juvenile
4		adjudications;
5		(3) all available federal, state, and local records
6		regarding wanted persons;
7		(4) all available federal, state, and local records of
8		domestic violence restraining and protective orders;
9		(5) the files of the Department of Human Services
10		relating to mental health and developmental disabilities;
11		and
12		(6) all other available records of a federal, state, or
13		local agency or other public entity in any jurisdiction
14		likely to contain information relevant to whether the
15		applicant is prohibited from purchasing, possessing, or
16		carrying a firearm under federal, state, or local law.
17		(7) Fingerprints collected under Section 30 shall be
18		checked against the Department of State Police and Federal
19		Bureau of Investigation criminal history record databases
20		now and hereafter filed. The Department shall charge
21		applicants a fee for conducting the criminal history
22		records check, which shall be deposited in the State Police
23		Services Fund and shall not exceed the actual cost of the
24		records check.
25		Section 40. Non-resident license applications.

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1		(a) For the purposes of this Section, "non-resident" means
2		a person who has not resided within this State for more than 30
3		days and resides in another state or territory.
4		(b) The Department shall by rule allow for non-resident
5		license applications from any state or territory of the United
6		States with laws related to firearm ownership, possession, and
7		carrying, that are substantially similar to the requirements to
8		obtain a license under this Act.
9		(c) A resident of a state or territory approved by the
10		Department under subsection (b) of this Section may apply for a
11		non-resident license. The applicant shall apply to the
12		Department and must meet all of the qualifications established
13		in Section 25 of this Act, except for the Illinois residency
14		requirement in item (xiv) of paragraph (2) of subsection (a) of
15		Section 4 of the Firearm Owners Identification Card Act. The
16		applicant shall submit:
17		(1) the application and documentation required under
18		Section 30 of this Act and the applicable fee;
19		(2) a notarized document stating that the applicant:
20		(A) is eligible under federal law and the laws of
21		his or her state or territory of residence to own or
22		possess a firearm;
23		(B) if applicable, has a license or permit to carry
24		a firearm or concealed firearm issued by his or her
25		state or territory of residence and attach a copy of
26		the license or permit to the application;

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1		(C) understands Illinois laws pertaining to the
2		possession and transport of firearms, and
3		(D) acknowledges that the applicant is subject to
4		the jurisdiction of the Department and Illinois courts
5		for any violation of this Act; and
6		(3) a photocopy of any certificates or other evidence
7		of compliance with the training requirements under Section
8		75 of this Act; and
9		(4) a head and shoulder color photograph in a size
10		specified by the Department taken within the 30 days
11		preceding the date of the application.
12		(d) In lieu of an Illinois driver's license or Illinois
13		identification card, a non-resident applicant shall provide
14		similar documentation from his or her state or territory of
15		residence. In lieu of a valid Firearm Owner's Identification
16		Card, the applicant shall submit documentation and information
17		required by the Department to obtain a Firearm Owner's
18		Identification Card, including an affidavit that the
19		non-resident meets the mental health standards to obtain a
20		firearm under Illinois law, and the Department shall ensure
21		that the applicant would meet the eligibility criteria to
22		obtain a Firearm Owner's Identification card if he or she was a
23		resident of this State.
24		(e) Nothing in this Act shall prohibit a non-resident from
25		transporting a concealed firearm within his or her vehicle in
26		Illinois, if the concealed firearm remains within his or her

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1		vehicle and the non-resident:
2		(1) is not prohibited from owning or possessing a
3		firearm under federal law;
4		(2) is eligible to carry a firearm in public under the
5		laws of his or her state or territory of residence; and
6		(3) is not in possession of a license under this Act.
7		If the non-resident leaves his or her vehicle unattended,
8		he or she shall store the firearm within a locked vehicle or
9		locked container within the vehicle in accordance with
10		subsection (b) of Section 65 of this Act.
11		Section 45. Civil immunity; Board, employees, and agents.
12		The Board, Department, local law enforcement agency, or the
13		employees and agents of the Board, Department, or local law
14		enforcement agency participating in the licensing process
15		under this Act shall not be held liable for damages in any
16		civil action arising from alleged wrongful or improper
17		granting, denying, renewing, revoking, suspending, or failing
18		to grant, deny, renew, revoke, or suspend a license under this
19		Act, except for willful or wanton misconduct.
20		Section 50. License renewal.
21		Applications for renewal of a license shall be made to the
22		Department. A license shall be renewed for a period of 5 years
23		upon receipt of a completed renewal application, completion of
24		3 hours of training required under Section 75 of this Section,

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1		payment of the applicable renewal fee, and completion of an
2		investigation under Section 35 of this Act. The renewal
3		application shall contain the information required in Section
4		30 of this Act, except that the applicant need not resubmit a
5		full set of fingerprints.
6		Section 55. Change of address or name; lost, destroyed, or
7		stolen licenses.
8		(a) A licensee shall notify the Department within 30 days
9		of moving or changing residence or any change of name. The
10		licensee shall submit:
11		(1) a notarized statement that the licensee has changed
12		his or her residence or his or her name, including the
13		prior and current address or name and the date the
14		applicant moved or changed his or her name; and
15		(2) the requisite fee.
16		(b) A licensee shall notify the Department within 10 days
17		of discovering that a license has been lost, destroyed, or
18		stolen. A lost, destroyed, or stolen license is invalid. To
19		request a replacement license, the licensee shall submit:
20		(1) a notarized statement that the licensee no longer
21		possesses the license, and that it was lost, destroyed, or
22		stolen;
23		(2) if applicable, a copy of a police report stating
24		that the license was stolen; and
25		(3) the requisite fee.

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1		(c) A violation of this Section is a petty offense with a
2		fine of $150 which shall be deposited into the Mental Health
3		Reporting Fund.
4		Section 60. Fees.
5		(a) All fees collected under this Act shall be deposited as
6		provided in this Section. Application, renewal, and
7		replacement fees shall be non-refundable.
8		(b) An applicant for a new license or a renewal shall
9		submit $150 with the application, of which $120 shall be
10		apportioned to the State Police Firearm Services Fund, $20
11		shall be apportioned to the Mental Health Reporting Fund, and
12		$10 shall be apportioned to the State Crime Laboratory Fund.
13		(c) A non-resident applicant for a new license or renewal
14		shall submit $300 with the application, of which $250 shall be
15		apportioned to the State Police Firearm Services Fund, $40
16		shall be apportioned to the Mental Health Reporting Fund, and
17		$10 shall be apportioned to the State Crime Laboratory Fund.
18		(d) A licensee requesting a new license in accordance with
19		Section 55 shall submit $75, of which $60 shall be apportioned
20		to the State Police Firearm Services Fund, $5 shall be
21		apportioned to the Mental Health Reporting Fund, and $10 shall
22		be apportioned to the State Crime Laboratory Fund.
23		Section 65. Prohibited areas.
24		(a) A licensee under this Act shall not knowingly carry a

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1		firearm on or into:
2		(1) Any building, real property, and parking area under
3		the control of a public or private elementary or secondary
4		school.
5		(2) Any building, real property, and parking area under
6		the control of a pre-school or child care facility,
7		including any room or portion of a building under the
8		control of a pre-school or child care facility. Nothing in
9		this paragraph shall prevent the operator of a child care
10		facility in a family home from owning or possessing a
11		firearm in the home or license under this Act, if no child
12		under child care at the home is present in the home or the
13		firearm in the home is stored in a locked container when a
14		child under child care at the home is present in the home.
15		(3) Any building, parking area, or portion of a
16		building under the control of an officer of the executive
17		or legislative branch of government, provided that nothing
18		in this paragraph shall prohibit a licensee from carrying a
19		concealed firearm onto the real property, bikeway, or trail
20		in a park regulated by the Department of Natural Resources
21		or any other designated public hunting area or building
22		where firearm possession is permitted as established by the
23		Department of Natural Resources under Section 1.8 of the
24		Wildlife Code.
25		(4) Any building designated for matters before a
26		circuit court, appellate court, or the Supreme Court, or

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1		any building or portion of a building under the control of
2		the Supreme Court.
3		(5) Any building or portion of a building under the
4		control of a unit of local government.
5		(6) Any building, real property, and parking area under
6		the control of an adult or juvenile detention or
7		correctional institution, prison, or jail.
8		(7) Any building, real property, and parking area under
9		the control of a public or private hospital or hospital
10		affiliate, mental health facility, or nursing home.
11		(8) Any bus, train, or form of transportation paid for
12		in whole or in part with public funds, and any building,
13		real property, and parking area under the control of a
14		public transportation facility paid for in whole or in part
15		with public funds.
16		(9) Any building, real property, and parking area under
17		the control of an establishment that serves alcohol on its
18		premises, if more than 50% of the establishment's gross
19		receipts within the prior 3 months is from the sale of
20		alcohol. The owner of an establishment who knowingly fails
21		to prohibit concealed firearms on its premises as provided
22		in this paragraph or who knowingly makes a false statement
23		or record to avoid the prohibition on concealed firearms
24		under this paragraph is subject to the penalty under
25		subsection (c-5) of Section 10-1 of the Liquor Control Act
26		of 1934.

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1		(10) Any public gathering or special event conducted on
2		property open to the public that requires the issuance of a
3		permit from the unit of local government, provided this
4		prohibition shall not apply to a licensee who must walk
5		through a public gathering in order to access his or her
6		residence, place of business, or vehicle.
7		(11) Any building or real property that has been issued
8		a Special Event Retailer's license as defined in Section
9		1-3.17.1 of the Liquor Control Act during the time
10		designated for the sale of alcohol by the Special Event
11		Retailer's license, or a Special use permit license as
12		defined in subsection (q) of Section 5-1 of the Liquor
13		Control Act during the time designated for the sale of
14		alcohol by the Special use permit license.
15		(12) Any public playground.
16		(13) Any public park, athletic area, or athletic
17		facility under the control of a municipality or park
18		district, provided nothing in this Section shall prohibit a
19		licensee from carrying a concealed firearm while on a trail
20		or bikeway if only a portion of the trail or bikeway
21		includes a public park.
22		(14) Any real property under the control of the Cook
23		County Forest Preserve District.
24		(15) Any building, classroom, laboratory, medical
25		clinic, hospital, artistic venue, athletic venue,
26		entertainment venue, officially recognized

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1		university-related organization property, whether owned or
2		leased, and any real property, including parking areas,
3		sidewalks, and common areas under the control of a public
4		or private community college, college, or university.
5		(16) Any building, real property, or parking area under
6		the control of a gaming facility licensed under the
7		Riverboat Gambling Act or the Illinois Horse Racing Act of
8		1975, including an inter-track wagering location licensee.
9		(17) Any stadium, arena, or the real property or
10		parking area under the control of a stadium, arena, or any
11		collegiate or professional sporting event.
12		(18) Any building, real property, or parking area under
13		the control of a public library.
14		(19) Any building, real property, or parking area under
15		the control of an airport.
16		(20) Any building, real property, or parking area under
17		the control of an amusement park.
18		(21) Any building, real property, or parking area under
19		the control of a zoo or museum.
20		(22) Any street, driveway, parking area, property,
21		building, or facility, owned, leased, controlled, or used
22		by a nuclear energy, storage, weapons, or development site
23		or facility regulated by the federal Nuclear Regulatory
24		Commission. The licensee shall not under any circumstance
25		store a firearm or ammunition in his or her vehicle or in a
26		compartment or container within a vehicle located anywhere

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1		in or on the street, driveway, parking area, property,
2		building, or facility described in this paragraph.
3		(23) Any area where firearms are prohibited under
4		federal law.
5		(a-5) Nothing in this Act shall prohibit a public or
6		private community college, college, or university from:
7		(1) prohibiting persons from carrying a firearm within
8		a vehicle owned, leased, or controlled by the college or
9		university;
10		(2) developing resolutions, regulations, or policies
11		regarding student, employee, or visitor misconduct and
12		discipline, including suspension and expulsion;
13		(3) developing resolutions, regulations, or policies
14		regarding the storage or maintenance of firearms, which
15		must include designated areas where persons can park
16		vehicles that carry firearms; and
17		(4) permitting the carrying or use of firearms for the
18		purpose of instruction and curriculum of officially
19		recognized programs, including but not limited to military
20		science and law enforcement training programs, or in any
21		designated area used for hunting purposes or target
22		shooting.
23		(a-10) The owner of private real property of any type may
24		prohibit the carrying of concealed firearms on the property
25		under his or her control. The owner must post a sign in
26		accordance with subsection (d) of this Section indicating that

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1		firearms are prohibited on the property, unless the property is
2		a private residence.
3		(b) Notwithstanding subsections (a), (a-5), and (a-10) of
4		this Section except under paragraph (22) or (23) of subsection
5		(a), any licensee prohibited from carrying a concealed firearm
6		into the parking area of a prohibited location specified in
7		subsection (a), (a-5), or (a-10) of this Section shall be
8		permitted to carry a concealed firearm on or about his or her
9		person within a vehicle into the parking area and may store a
10		firearm or ammunition concealed in a case within a locked
11		vehicle or locked container out of plain view within the
12		vehicle in the parking area. A licensee may carry a concealed
13		firearm in the immediate area surrounding his or her vehicle
14		within a prohibited parking lot area only for the limited
15		purpose of storing or retrieving a firearm within the vehicle's
16		trunk, provided the licensee ensures the concealed firearm is
17		unloaded prior to exiting the vehicle. For purposes of this
18		subsection, "case" includes a glove compartment or console that
19		completely encloses the concealed firearm or ammunition, the
20		trunk of the vehicle, or a firearm carrying box, shipping box,
21		or other container.
22		(c) A licensee shall not be in violation of this Section
23		while he or she is traveling along a public right of way that
24		touches or crosses any of the premises under subsection (a),
25		(a-5), or (a-10) of this Section if the concealed firearm is
26		carried on his or her person in accordance with the provisions

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1		of this Act or is being transported in a vehicle by the
2		licensee in accordance with all other applicable provisions of
3		law.
4		(d) Signs stating that the carrying of firearms is
5		prohibited shall be clearly and conspicuously posted at the
6		entrance of a building, premises, or real property specified in
7		this Section as a prohibited area, unless the building or
8		premises is a private residence. Signs shall be of a uniform
9		design as established by the Department and shall be 4 inches
10		by 6 inches in size. The Department shall adopt rules for
11		standardized signs to be used under this subsection.
12		Section 70. Violations.
13		(a) A license issued or renewed under this Act shall be
14		revoked if, at any time, the licensee is found to be ineligible
15		for a license under this Act or the licensee no longer meets
16		the eligibility requirements of the Firearm Owners
17		Identification Card Act.
18		(b) A license shall be suspended if an order of protection,
19		including an emergency order of protection, plenary order of
20		protection, or interim order of protection under Article 112A
21		of the Code of Criminal Procedure of 1963 or under the Illinois
22		Domestic Violence Act of 1986, is issued against a licensee for
23		the duration of the order, or if the Department is made aware
24		of a similar order issued against the licensee in any other
25		jurisdiction. If an order of protection is issued against a

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1		licensee, the licensee shall surrender the license, as
2		applicable, to the court at the time the order is entered or to
3		the law enforcement agency or entity serving process at the
4		time the licensee is served the order. The court, law
5		enforcement agency, or entity responsible for serving the order
6		of protection shall notify the Department within 7 days and
7		transmit the license to the Department.
8		(c) A license is invalid upon expiration of the license,
9		unless the licensee has submitted an application to renew the
10		license, and the applicant is otherwise eligible to possess a
11		license under this Act.
12		(d) A licensee shall not carry a concealed firearm while
13		under the influence of alcohol, other drug or drugs,
14		intoxicating compound or combination of compounds, or any
15		combination thereof, under the standards set forth in
16		subsection (a) of Section 11-501 of the Illinois Vehicle Code.
17		A licensee in violation of this subsection (d) shall be
18		guilty of a Class A misdemeanor for a first or second violation
19		and a Class 4 felony for a third violation. The Department may
20		suspend a license for up to 6 months for a second violation and
21		shall permanently revoke a license for a third violation.
22		(e) Except as otherwise provided, a licensee in violation
23		of this Act shall be guilty of a Class B misdemeanor. A second
24		or subsequent violation is a Class A misdemeanor. The
25		Department may suspend a license for up to 6 months for a
26		second violation and shall permanently revoke a license for 3

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1		or more violations of Section 65 of this Act. Any person
2		convicted of a violation under this Section shall pay a $150
3		fee to be deposited into the Mental Health Reporting Fund, plus
4		any applicable court costs or fees.
5		(f) A licensee convicted or found guilty of a violation of
6		this Act who has a valid license and is otherwise eligible to
7		carry a concealed firearm shall only be subject to the
8		penalties under this Section and shall not be subject to the
9		penalties under Section 21-6, paragraph (4), (8), or (10) of
10		subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
11		of paragraph (3) of subsection (a) of Section 24-1.6 of the
12		Criminal Code of 2012. Except as otherwise provided in this
13		subsection, nothing in this subsection prohibits the licensee
14		from being subjected to penalties for violations other than
15		those specified in this Act.
16		(g) A licensee whose license is revoked, suspended, or
17		denied shall, within 48 hours of receiving notice of the
18		revocation, suspension, or denial surrender his or her
19		concealed carry license to the local law enforcement agency
20		where the person resides. The local law enforcement agency
21		shall provide the licensee a receipt and transmit the concealed
22		carry license to the Department of State Police. If the
23		licensee whose concealed carry license has been revoked,
24		suspended, or denied fails to comply with the requirements of
25		this subsection, the law enforcement agency where the person
26		resides may petition the circuit court to issue a warrant to

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1		search for and seize the concealed carry license in the
2		possession and under the custody or control of the licensee
3		whose concealed carry license has been revoked, suspended, or
4		denied. The observation of a concealed carry license in the
5		possession of a person whose license has been revoked,
6		suspended, or denied constitutes a sufficient basis for the
7		arrest of that person for violation of this subsection. A
8		violation of this subsection is a Class A misdemeanor.
9		(h) A license issued or renewed under this Act shall be
10		revoked if, at any time, the licensee is found ineligible for a
11		Firearm Owner's Identification Card, or the licensee no longer
12		possesses a valid Firearm Owner's Identification Card. A
13		licensee whose license is revoked under this subsection (h)
14		shall surrender his or her concealed carry license as provided
15		for in subsection (g) of this Section.
16		This subsection shall not apply to a person who has filed
17		an application with the State Police for renewal of a Firearm
18		Owner's Identification Card and who is not otherwise ineligible
19		to obtain a Firearm Owner's Identification Card.
20		Section 75. Applicant firearm training.
21		(a) Within 60 days of the effective date of this Act, the
22		Department shall begin approval of firearm training courses and
23		shall make a list of approved courses available on the
24		Department's website.
25		(b) An applicant for a new license shall provide proof of

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1		completion of a firearms training course or combination of
2		courses approved by the Department of at least 16 hours, which
3		includes range qualification time under subsection (c) of this
4		Section, that covers the following:
5		(1) firearm safety;
6		(2) the basic principles of marksmanship;
7		(3) care, cleaning, loading, and unloading of a
8		concealable firearm;
9		(4) all applicable State and federal laws relating to
10		the ownership, storage, carry, and transportation of a
11		firearm; and
12		(5) instruction on the appropriate and lawful
13		interaction with law enforcement while transporting or
14		carrying a concealed firearm.
15		(c) An applicant for a new license shall provide proof of
16		certification by a certified instructor that the applicant
17		passed a live fire exercise with a concealable firearm
18		consisting of:
19		(1) a minimum of 30 rounds; and
20		(2) 10 rounds from a distance of 5 yards; 10 rounds
21		from a distance of 7 yards; and 10 rounds from a distance
22		of 10 yards at a B-27 silhouette target approved by the
23		Department.
24		(d) An applicant for renewal of a license shall provide
25		proof of completion of a firearms training course or
26		combination of courses approved by the Department of at least 3

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1		hours.
2		(e) A certificate of completion for an applicant's firearm
3		training course shall not be issued to a student who:
4		(1) does not follow the orders of the certified
5		firearms instructor;
6		(2) in the judgment of the certified instructor,
7		handles a firearm in a manner that poses a danger to the
8		student or to others; or
9		(3) during the range firing portion of testing fails to
10		hit the target with 70% of the rounds fired.
11		(f) An instructor shall maintain a record of each student's
12		performance for at least 5 years, and shall make all records
13		available upon demand of authorized personnel of the
14		Department.
15		(g) The Department and certified firearms instructor shall
16		recognize up to 8 hours of training already completed toward
17		the 16 hour training requirement under this Section if the
18		training course is approved by the Department and recognized
19		under the laws of another state. Any remaining hours that the
20		applicant completes must at least cover the classroom subject
21		matter of paragraph (4) of subsection (b) of this Section, and
22		the range qualification in subsection (c) of this Section.
23		(h) A person who has qualified to carry a firearm as an
24		active law enforcement officer, a person certified as a
25		firearms instructor by this Act or by the Illinois Law
26		Enforcement Training Standards Board, or a person who has

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1		completed the required training and has been issued a firearm
2		control card by the Department of Financial and Professional
3		Regulation shall be exempt from the requirements of this
4		Section.
5		(i) The Department shall accept 8 hours of training as
6		completed toward the 16 hour training requirement under this
7		Section, if the applicant is an active, retired, or honorably
8		discharged member of the United States Armed Forces.
9		Section 80. Firearms instructor training.
10		(a) Within 60 days of the effective date of this Act, the
11		Department shall begin approval of certified firearms
12		instructors and enter certified firearms instructors into an
13		online registry on the Department's website.
14		(b) A person who is not a certified firearms instructor
15		shall not teach applicant training courses or advertise or
16		otherwise represent courses they teach as qualifying their
17		students to meet the requirements to receive a license under
18		this Act. Each violation of this subsection is a business
19		offense with a fine of at least $1,000 per violation.
20		(c) A person seeking to become a certified firearms
21		instructor shall:
22		(1) be at least 21 years of age;
23		(2) be a legal resident of the United States; and
24		(3) meet the requirements of Section 25 of this Act,
25		and any additional uniformly applied requirements

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1		established by the Department.
2		(d) A person seeking to become a certified firearms
3		instructor trainer, in addition to the requirements of
4		subsection (c) of this Section, shall:
5		(1) possess a high school diploma or GED certificate;
6		and
7		(2) have at least one of the following valid firearms
8		instructor certifications:
9		(A) certification from a law enforcement agency;
10		(B) certification from a firearm instructor course
11		offered by a State or federal governmental agency;
12		(C) certification from a firearm instructor
13		qualification course offered by the Illinois Law
14		Enforcement Training Standards Board; or
15		(D) certification from an entity approved by the
16		Department that offers firearm instructor education
17		and training in the use and safety of firearms.
18		(e) A person may have his or her firearms instructor
19		certification denied or revoked if he or she does not meet the
20		requirements to obtain a license under this Act, provides false
21		or misleading information to the Department, or has had a prior
22		instructor certification revoked or denied by the Department.
23		Section 85. Background Checks for Sales.
24		A license to carry a concealed firearm issued by this
25		State shall not exempt the licensee from the requirements of a

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1		background check, including a check of the National Instant
2		Criminal Background Check System, upon purchase or transfer of
3		a firearm.
4		Section 87. Administrative and judicial review.
5		(a) Whenever an application for a concealed carry license
6		is denied, whenever the Department fails to act on an
7		application within 90 days of its receipt, or whenever a
8		license is revoked or suspended as provided in this Act, the
9		aggrieved party may appeal to the Director for a hearing upon
10		the denial, revocation, suspension, or failure to act on the
11		application, unless the denial was made by the Concealed Carry
12		Licensing Review Board, in which case the aggrieved party may
13		petition the circuit court in writing in the county of his or
14		her residence for a hearing upon the denial.
15		(b) All final administrative decisions of the Department or
16		the Concealed Carry Licensing Review Board under this Act shall
17		be subject to judicial review under the provisions of the
18		Administrative Review Law. The term "administrative decision"
19		is defined as in Section 3-101 of the Code of Civil Procedure.
20		Section 90. Preemption.
21		The regulation, licensing, possession, registration, and
22		transportation of handguns and ammunition for handguns by
23		licensees are exclusive powers and functions of the State. Any
24		ordinance or regulation, or portion thereof, enacted on or

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1		before the effective date of this Act that purports to impose
2		regulations or restrictions on licensees or handguns and
3		ammunition for handguns in a manner inconsistent with this Act
4		shall be invalid in its application to licensees under this Act
5		on the effective date of this Act. This Section is a denial and
6		limitation of home rule powers and functions under subsection
7		(h) of Section 6 of Article VII of the Illinois Constitution.
8		Section 92. Consolidation of concealed carry license and
9		Firearm Owner's Identification Card.
10		(a) The Director shall create a task force to develop a
11		plan to incorporate and consolidate the concealed carry license
12		under this Act and the Firearm Owner's Identification Card
13		under the Firearm Owners Identification Card Act into a
14		designation on the Illinois driver's license or Illinois
15		identification card of a person with authority to possess a
16		firearm under the Firearm Owners Identification Card Act, or
17		authority to possess a firearm under the Firearm Owners
18		Identification Card Act and authority to carry a concealed
19		firearm under this Act. The plan must provide for an
20		alternative card for:
21		(1) a non-resident or a resident without an Illinois
22		driver's license or Illinois identification card, who has
23		been granted authority under this Act to carry a concealed
24		firearm in this State; and
25		(2) a resident without an Illinois driver's license or

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1		Illinois identification card, who has been granted
2		authority to possess a firearm under the Firearm Owners
3		Identification Card Act.
4		The plan shall include statutory changes necessary to
5		implement it.
6		(b) The task force shall consist of the following members:
7		(1) one member appointed by the Speaker of the House of
8		Representatives;
9		(2) one member appointed by the House of
10		Representatives Minority Leader;
11		(3) one member appointed by the President of the
12		Senate;
13		(4) one member appointed by the Senate Minority Leader;
14		(5) one member appointed by the Secretary of State;
15		(6) one member appointed by the Director of State
16		Police;
17		(7) one member appointed by the Secretary of State
18		representing the National Rifle Association;
19		(8) one member appointed by the Governor from the
20		Department of Natural Resources; and
21		(9) one member appointed by the Governor representing
22		the Chicago Police Department.
23		The task force shall elect a chairperson from its
24		membership. Members shall serve without compensation.
25		(c) The task force shall file the plan supported by a
26		majority of its members with the General Assembly and the

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1		Secretary of State on or before March 1, 2014.
2		(d) This Section is repealed on March 2, 2014.
3		Section 95. Procurement; rulemaking.
4		(a) The Department of State Police, in consultation with
5		and subject to the approval of the Chief Procurement Officer,
6		may procure a single contract or multiple contracts to
7		implement the provisions of this Act. A contract or contracts
8		under this paragraph are not subject to the provisions of the
9		Illinois Procurement Code, except for Sections 20-60, 20-65,
10		20-70, and 20-160 and Article 50 of that Code, provided that
11		the Chief Procurement Officer may, in writing with
12		justification, waive any certification required under Article
13		50. This exemption shall be repealed one year from the
14		effective date of this Act.
15		(b) The Department shall adopt rules to implement the
16		provisions of this Act. The Department may adopt rules
17		necessary to implement the provisions of this Act through the
18		use of emergency rulemaking in accordance with Section 5-45 of
19		the Illinois Administrative Procedure Act for a period not to
20		exceed 180 days after the effective date of this Act.
21		Section 100. Short title. Sections 100 through 110 may be
22		cited as the School Administrator Reporting of Mental Health
23		Clear and Present Danger Determinations Law.

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1		Section 105. Duty of school administrator. It is the duty
2		of the principal of a public elementary or secondary school, or
3		his or her designee, and the chief administrative officer of a
4		private elementary or secondary school or a public or private
5		community college, college, or university, or his or her
6		designee, to report to the Department of State Police when a
7		student is determined to pose a clear and present danger to
8		himself, herself, or to others, within 24 hours of the
9		determination as provided in Section 6-103.3 of the Mental
10		Health and Developmental Disabilities Code. "Clear and present
11		danger" has the meaning as provided in paragraph (2) of the
12		definition of "clear and present danger" in Section 1.1 of the
13		Firearm Owners Identification Card Act.
14		Section 110. Immunity. A principal or chief administrative
15		officer, or the designee of a principal or chief administrative
16		officer, making the determination and reporting under Section
17		105 of this Law shall not be held criminally, civilly, or
18		professionally liable, except for willful or wanton
19		misconduct.
20		Section 115. The Open Meetings Act is amended by changing
21		Section 2 as follows:
22		(5 ILCS 120/2) (from Ch. 102, par. 42)
23		Sec. 2. Open meetings.

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1		(a) Openness required. All meetings of public bodies shall
2		be open to the public unless excepted in subsection (c) and
3		closed in accordance with Section 2a.
4		(b) Construction of exceptions. The exceptions contained
5		in subsection (c) are in derogation of the requirement that
6		public bodies meet in the open, and therefore, the exceptions
7		are to be strictly construed, extending only to subjects
8		clearly within their scope. The exceptions authorize but do not
9		require the holding of a closed meeting to discuss a subject
10		included within an enumerated exception.
11		(c) Exceptions. A public body may hold closed meetings to
12		consider the following subjects:
13		(1) The appointment, employment, compensation,
14		discipline, performance, or dismissal of specific
15		employees of the public body or legal counsel for the
16		public body, including hearing testimony on a complaint
17		lodged against an employee of the public body or against
18		legal counsel for the public body to determine its
19		validity.
20		(2) Collective negotiating matters between the public
21		body and its employees or their representatives, or
22		deliberations concerning salary schedules for one or more
23		classes of employees.
24		(3) The selection of a person to fill a public office,
25		as defined in this Act, including a vacancy in a public
26		office, when the public body is given power to appoint

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1		under law or ordinance, or the discipline, performance or
2		removal of the occupant of a public office, when the public
3		body is given power to remove the occupant under law or
4		ordinance.
5		(4) Evidence or testimony presented in open hearing, or
6		in closed hearing where specifically authorized by law, to
7		a quasi-adjudicative body, as defined in this Act, provided
8		that the body prepares and makes available for public
9		inspection a written decision setting forth its
10		determinative reasoning.
11		(5) The purchase or lease of real property for the use
12		of the public body, including meetings held for the purpose
13		of discussing whether a particular parcel should be
14		acquired.
15		(6) The setting of a price for sale or lease of
16		property owned by the public body.
17		(7) The sale or purchase of securities, investments, or
18		investment contracts. This exception shall not apply to the
19		investment of assets or income of funds deposited into the
20		Illinois Prepaid Tuition Trust Fund.
21		(8) Security procedures and the use of personnel and
22		equipment to respond to an actual, a threatened, or a
23		reasonably potential danger to the safety of employees,
24		students, staff, the public, or public property.
25		(9) Student disciplinary cases.
26		(10) The placement of individual students in special

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1		education programs and other matters relating to
2		individual students.
3		(11) Litigation, when an action against, affecting or
4		on behalf of the particular public body has been filed and
5		is pending before a court or administrative tribunal, or
6		when the public body finds that an action is probable or
7		imminent, in which case the basis for the finding shall be
8		recorded and entered into the minutes of the closed
9		meeting.
10		(12) The establishment of reserves or settlement of
11		claims as provided in the Local Governmental and
12		Governmental Employees Tort Immunity Act, if otherwise the
13		disposition of a claim or potential claim might be
14		prejudiced, or the review or discussion of claims, loss or
15		risk management information, records, data, advice or
16		communications from or with respect to any insurer of the
17		public body or any intergovernmental risk management
18		association or self insurance pool of which the public body
19		is a member.
20		(13) Conciliation of complaints of discrimination in
21		the sale or rental of housing, when closed meetings are
22		authorized by the law or ordinance prescribing fair housing
23		practices and creating a commission or administrative
24		agency for their enforcement.
25		(14) Informant sources, the hiring or assignment of
26		undercover personnel or equipment, or ongoing, prior or

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1		future criminal investigations, when discussed by a public
2		body with criminal investigatory responsibilities.
3		(15) Professional ethics or performance when
4		considered by an advisory body appointed to advise a
5		licensing or regulatory agency on matters germane to the
6		advisory body's field of competence.
7		(16) Self evaluation, practices and procedures or
8		professional ethics, when meeting with a representative of
9		a statewide association of which the public body is a
10		member.
11		(17) The recruitment, credentialing, discipline or
12		formal peer review of physicians or other health care
13		professionals for a hospital, or other institution
14		providing medical care, that is operated by the public
15		body.
16		(18) Deliberations for decisions of the Prisoner
17		Review Board.
18		(19) Review or discussion of applications received
19		under the Experimental Organ Transplantation Procedures
20		Act.
21		(20) The classification and discussion of matters
22		classified as confidential or continued confidential by
23		the State Government Suggestion Award Board.
24		(21) Discussion of minutes of meetings lawfully closed
25		under this Act, whether for purposes of approval by the
26		body of the minutes or semi-annual review of the minutes as

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1		mandated by Section 2.06.
2		(22) Deliberations for decisions of the State
3		Emergency Medical Services Disciplinary Review Board.
4		(23) The operation by a municipality of a municipal
5		utility or the operation of a municipal power agency or
6		municipal natural gas agency when the discussion involves
7		(i) contracts relating to the purchase, sale, or delivery
8		of electricity or natural gas or (ii) the results or
9		conclusions of load forecast studies.
10		(24) Meetings of a residential health care facility
11		resident sexual assault and death review team or the
12		Executive Council under the Abuse Prevention Review Team
13		Act.
14		(25) Meetings of an independent team of experts under
15		Brian's Law.
16		(26) Meetings of a mortality review team appointed
17		under the Department of Juvenile Justice Mortality Review
18		Team Act.
19		(27) Confidential information, when discussed by one
20		or more members of an elder abuse fatality review team,
21		designated under Section 15 of the Elder Abuse and Neglect
22		Act, while participating in a review conducted by that team
23		of the death of an elderly person in which abuse or neglect
24		is suspected, alleged, or substantiated; provided that
25		before the review team holds a closed meeting, or closes an
26		open meeting, to discuss the confidential information,

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1		each participating review team member seeking to disclose
2		the confidential information in the closed meeting or
3		closed portion of the meeting must state on the record
4		during an open meeting or the open portion of a meeting the
5		nature of the information to be disclosed and the legal
6		basis for otherwise holding that information confidential.
7		(28) Correspondence and records (i) that may not be
8		disclosed under Section 11-9 of the Public Aid Code or (ii)
9		that pertain to appeals under Section 11-8 of the Public
10		Aid Code.
11		(29) Meetings between internal or external auditors
12		and governmental audit committees, finance committees, and
13		their equivalents, when the discussion involves internal
14		control weaknesses, identification of potential fraud risk
15		areas, known or suspected frauds, and fraud interviews
16		conducted in accordance with generally accepted auditing
17		standards of the United States of America.
18		(30) Meetings and deliberations for decisions of the
19		Concealed Carry Licensing Review Board under the Firearm
20		Concealed Carry Act.
21		(d) Definitions. For purposes of this Section:
22		"Employee" means a person employed by a public body whose
23		relationship with the public body constitutes an
24		employer-employee relationship under the usual common law
25		rules, and who is not an independent contractor.
26		"Public office" means a position created by or under the

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1		Constitution or laws of this State, the occupant of which is
2		charged with the exercise of some portion of the sovereign
3		power of this State. The term "public office" shall include
4		members of the public body, but it shall not include
5		organizational positions filled by members thereof, whether
6		established by law or by a public body itself, that exist to
7		assist the body in the conduct of its business.
8		"Quasi-adjudicative body" means an administrative body
9		charged by law or ordinance with the responsibility to conduct
10		hearings, receive evidence or testimony and make
11		determinations based thereon, but does not include local
12		electoral boards when such bodies are considering petition
13		challenges.
14		(e) Final action. No final action may be taken at a closed
15		meeting. Final action shall be preceded by a public recital of
16		the nature of the matter being considered and other information
17		that will inform the public of the business being conducted.
18		(Source: P.A. 96-1235, eff. 1-1-11; 96-1378, eff. 7-29-10;
19		96-1428, eff. 8-11-10; 97-318, eff. 1-1-12; 97-333, eff.
20		8-12-11; 97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876,
21		eff. 8-1-12.)
22		Section 120. The Freedom of Information Act is amended by
23		changing Section 7.5 as follows:
24		(5 ILCS 140/7.5)

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1		Sec. 7.5. Statutory Exemptions. To the extent provided for
2		by the statutes referenced below, the following shall be exempt
3		from inspection and copying:
4		(a) All information determined to be confidential under
5		Section 4002 of the Technology Advancement and Development Act.
6		(b) Library circulation and order records identifying
7		library users with specific materials under the Library Records
8		Confidentiality Act.
9		(c) Applications, related documents, and medical records
10		received by the Experimental Organ Transplantation Procedures
11		Board and any and all documents or other records prepared by
12		the Experimental Organ Transplantation Procedures Board or its
13		staff relating to applications it has received.
14		(d) Information and records held by the Department of
15		Public Health and its authorized representatives relating to
16		known or suspected cases of sexually transmissible disease or
17		any information the disclosure of which is restricted under the
18		Illinois Sexually Transmissible Disease Control Act.
19		(e) Information the disclosure of which is exempted under
20		Section 30 of the Radon Industry Licensing Act.
21		(f) Firm performance evaluations under Section 55 of the
22		Architectural, Engineering, and Land Surveying Qualifications
23		Based Selection Act.
24		(g) Information the disclosure of which is restricted and
25		exempted under Section 50 of the Illinois Prepaid Tuition Act.
26		(h) Information the disclosure of which is exempted under

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1		the State Officials and Employees Ethics Act, and records of
2		any lawfully created State or local inspector general's office
3		that would be exempt if created or obtained by an Executive
4		Inspector General's office under that Act.
5		(i) Information contained in a local emergency energy plan
6		submitted to a municipality in accordance with a local
7		emergency energy plan ordinance that is adopted under Section
8		11-21.5-5 of the Illinois Municipal Code.
9		(j) Information and data concerning the distribution of
10		surcharge moneys collected and remitted by wireless carriers
11		under the Wireless Emergency Telephone Safety Act.
12		(k) Law enforcement officer identification information or
13		driver identification information compiled by a law
14		enforcement agency or the Department of Transportation under
15		Section 11-212 of the Illinois Vehicle Code.
16		(l) Records and information provided to a residential
17		health care facility resident sexual assault and death review
18		team or the Executive Council under the Abuse Prevention Review
19		Team Act.
20		(m) Information provided to the predatory lending database
21		created pursuant to Article 3 of the Residential Real Property
22		Disclosure Act, except to the extent authorized under that
23		Article.
24		(n) Defense budgets and petitions for certification of
25		compensation and expenses for court appointed trial counsel as
26		provided under Sections 10 and 15 of the Capital Crimes

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1		Litigation Act. This subsection (n) shall apply until the
2		conclusion of the trial of the case, even if the prosecution
3		chooses not to pursue the death penalty prior to trial or
4		sentencing.
5		(o) Information that is prohibited from being disclosed
6		under Section 4 of the Illinois Health and Hazardous Substances
7		Registry Act.
8		(p) Security portions of system safety program plans,
9		investigation reports, surveys, schedules, lists, data, or
10		information compiled, collected, or prepared by or for the
11		Regional Transportation Authority under Section 2.11 of the
12		Regional Transportation Authority Act or the St. Clair County
13		Transit District under the Bi-State Transit Safety Act.
14		(q) Information prohibited from being disclosed by the
15		Personnel Records Review Act.
16		(r) Information prohibited from being disclosed by the
17		Illinois School Student Records Act.
18		(s) Information the disclosure of which is restricted under
19		Section 5-108 of the Public Utilities Act.
20		(t) All identified or deidentified health information in
21		the form of health data or medical records contained in, stored
22		in, submitted to, transferred by, or released from the Illinois
23		Health Information Exchange, and identified or deidentified
24		health information in the form of health data and medical
25		records of the Illinois Health Information Exchange in the
26		possession of the Illinois Health Information Exchange

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1		Authority due to its administration of the Illinois Health
2		Information Exchange. The terms "identified" and
3		"deidentified" shall be given the same meaning as in the Health
4		Insurance Accountability and Portability Act of 1996, Public
5		Law 104-191, or any subsequent amendments thereto, and any
6		regulations promulgated thereunder.
7		(u) Records and information provided to an independent team
8		of experts under Brian's Law.
9		(v) Names and information of people who have applied for or
10		received Firearm Owner's Identification Cards under the
11		Firearm Owners Identification Card Act or applied for or
12		received a concealed carry license under the Firearm Concealed
13		Carry Act, unless otherwise authorized by the Firearm Concealed
14		Carry Act; and databases under the Firearm Concealed Carry Act,
15		records of the Concealed Carry Licensing Review Board under the
16		Firearm Concealed Carry Act, and law enforcement agency
17		objections under the Firearm Concealed Carry Act.
18		(w) Personally identifiable information which is exempted
19		from disclosure under subsection (g) of Section 19.1 of the
20		Toll Highway Act.
21		(x) Information which is exempted from disclosure under
22		Section 5-1014.3 of the Counties Code or Section 8-11-21 of the
23		Illinois Municipal Code.
24		(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;
25		96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff.
26		8-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976,

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1		eff. 1-1-13.)
2		Section 122. The Secretary of State Act is amended by
3		adding Section 13.5 as follows:
4		(15 ILCS 305/13.5 new)
5		Sec. 13.5. Department of State Police access to driver's
6		license and identification card photographs.
7		The Secretary of State shall allow the Department of State
8		Police to access the driver's license or Illinois
9		Identification card photograph, if available, of an applicant
10		for a firearm concealed carry license under the Firearm
11		Concealed Carry Act for the purpose of identifying the firearm
12		concealed carry license applicant and issuing a license to the
13		applicant.
14		Section 125. The Department of State Police Law of the
15		Civil Administrative Code of Illinois is amended by changing
16		Section 2605-300 and by adding Section 2605-595 as follows:
17		(20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)
18		Sec. 2605-300. Records; crime laboratories; personnel. To
19		do the following:
20		(1) Be a central repository and custodian of criminal
21		statistics for the State.
22		(2) Be a central repository for criminal history record

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1		information.
2		(3) Procure and file for record information that is
3		necessary and helpful to plan programs of crime prevention,
4		law enforcement, and criminal justice.
5		(4) Procure and file for record copies of fingerprints
6		that may be required by law.
7		(5) Establish general and field crime laboratories.
8		(6) Register and file for record information that may
9		be required by law for the issuance of firearm owner's
10		identification cards under the Firearm Owners
11		Identification Card Act and concealed carry licenses under
12		the Firearm Concealed Carry Act.
13		(7) Employ polygraph operators, laboratory
14		technicians, and other specially qualified persons to aid
15		in the identification of criminal activity.
16		(8) Undertake other identification, information,
17		laboratory, statistical, or registration activities that
18		may be required by law.
19		(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
20		eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,
21		eff. 8-14-98; 91-239, eff. 1-1-00.)
22		(20 ILCS 2605/2605-595 new)
23		Sec. 2605-595. State Police Firearm Services Fund.
24		(a) There is created in the State treasury a special fund
25		known as the State Police Firearm Services Fund. The Fund shall

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1		receive revenue under the Firearm Concealed Carry Act and
2		Section 5 of the Firearm Owners Identification Card Act. The
3		Fund may also receive revenue from grants, pass-through grants,
4		donations, appropriations, and any other legal source.
5		(b) The Department of State Police may use moneys in the
6		Fund to finance any of its lawful purposes, mandates,
7		functions, and duties under the Firearm Owners Identification
8		Card Act and the Firearm Concealed Carry Act, including the
9		cost of sending notices of expiration of Firearm Owner's
10		Identification Cards, concealed carry licenses, the prompt and
11		efficient processing of applications under the Firearm Owners
12		Identification Card Act and the Firearm Concealed Carry Act,
13		the improved efficiency and reporting of the LEADS and federal
14		NICS law enforcement data systems, and support for
15		investigations required under these Acts and law. Any surplus
16		funds beyond what is needed to comply with the aforementioned
17		purposes shall be used by the Department to improve the Law
18		Enforcement Agencies Data System (LEADS) and criminal history
19		background check system.
20		(c) Investment income that is attributable to the
21		investment of moneys in the Fund shall be retained in the Fund
22		for the uses specified in this Section.
23		Section 130. The State Finance Act is amended by adding
24		Sections 5.826, 5.827, and 6z-98 as follows:

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1		(30 ILCS 105/5.826 new)
2		Sec. 5.826. The Mental Health Reporting Fund.
3		(30 ILCS 105/5.827 new)
4		Sec. 5.827. The State Police Firearm Services Fund.
5		(30 ILCS 105/6z-98 new)
6		Sec. 6z-98. The Mental Health Reporting Fund.
7		(a) There is created in the State treasury a special fund
8		known as the Mental Health Reporting Fund. The Fund shall
9		receive revenue under the Firearm Concealed Carry Act. The Fund
10		may also receive revenue from grants, pass-through grants,
11		donations, appropriations, and any other legal source.
12		(b) The Department of State Police and Department of Human
13		Services shall coordinate to use moneys in the Fund to finance
14		their respective duties of collecting and reporting data on
15		mental health records and ensuring that mental health firearm
16		possession prohibitors are enforced as set forth under the
17		Firearm Concealed Carry Act and the Firearm Owners
18		Identification Card Act. Any surplus in the Fund beyond what is
19		necessary to ensure compliance with mental health reporting
20		under these Acts shall be used by the Department of Human
21		Services for mental health treatment programs.
22		(c) Investment income that is attributable to the
23		investment of moneys in the Fund shall be retained in the Fund
24		for the uses specified in this Section.

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1		(30 ILCS 105/5.206 rep.)
2		Section 135. The State Finance Act is amended by repealing
3		Section 5.206.
4		Section 140. The Illinois Explosives Act is amended by
5		changing Section 2005 as follows:
6		(225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
7		Sec. 2005. Qualifications for licensure.
8		(a) No person shall qualify to hold a license who:
9		(1) is under 21 years of age;
10		(2) has been convicted in any court of a crime
11		punishable by imprisonment for a term exceeding one year;
12		(3) is under indictment for a crime punishable by
13		imprisonment for a term exceeding one year;
14		(4) is a fugitive from justice;
15		(5) is an unlawful user of or addicted to any
16		controlled substance as defined in Section 102 of the
17		federal Controlled Substances Act (21 U.S.C. Sec. 802 et
18		seq.);
19		(6) has been adjudicated a mentally disabled person as
20		defined in Section 1.1 of the Firearm Owners Identification
21		Card Act mental defective; or
22		(7) is not a legal citizen of the United States.
23		(b) A person who has been granted a "relief from

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1		disabilities" regarding criminal convictions and indictments,
2		pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.
3		845) may receive a license provided all other qualifications
4		under this Act are met.
5		(Source: P.A. 96-1194, eff. 1-1-11.)
6		Section 142. The Liquor Control Act of 1934 is amended by
7		changing Section 10-1 as follows:
8		(235 ILCS 5/10-1) (from Ch. 43, par. 183)
9		Sec. 10-1. Violations; penalties. Whereas a substantial
10		threat to the sound and careful control, regulation, and
11		taxation of the manufacture, sale, and distribution of
12		alcoholic liquors exists by virtue of individuals who
13		manufacture, import, distribute, or sell alcoholic liquors
14		within the State without having first obtained a valid license
15		to do so, and whereas such threat is especially serious along
16		the borders of this State, and whereas such threat requires
17		immediate correction by this Act, by active investigation and
18		prosecution by law enforcement officials and prosecutors, and
19		by prompt and strict enforcement through the courts of this
20		State to punish violators and to deter such conduct in the
21		future:
22		(a) Any person who manufactures, imports for distribution
23		or use, or distributes or sells alcoholic liquor at any place
24		within the State without having first obtained a valid license

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1		to do so under the provisions of this Act shall be guilty of a
2		business offense and fined not more than $1,000 for the first
3		such offense and shall be guilty of a Class 4 felony for each
4		subsequent offense.
5		(b) (1) Any retailer, licensed in this State, who knowingly
6		causes to furnish, give, sell, or otherwise being within the
7		State, any alcoholic liquor destined to be used, distributed,
8		consumed or sold in another state, unless such alcoholic liquor
9		was received in this State by a duly licensed distributor, or
10		importing distributors shall have his license suspended for 7
11		days for the first offense and for the second offense, shall
12		have his license revoked by the Commission.
13		(2) In the event the Commission receives a certified copy
14		of a final order from a foreign jurisdiction that an Illinois
15		retail licensee has been found to have violated that foreign
16		jurisdiction's laws, rules, or regulations concerning the
17		importation of alcoholic liquor into that foreign
18		jurisdiction, the violation may be grounds for the Commission
19		to revoke, suspend, or refuse to issue or renew a license, to
20		impose a fine, or to take any additional action provided by
21		this Act with respect to the Illinois retail license or
22		licensee. Any such action on the part of the Commission shall
23		be in accordance with this Act and implementing rules.
24		For the purposes of paragraph (2): (i) "foreign
25		jurisdiction" means a state, territory, or possession of the
26		United States, the District of Columbia, or the Commonwealth of

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1		Puerto Rico, and (ii) "final order" means an order or judgment
2		of a court or administrative body that determines the rights of
3		the parties respecting the subject matter of the proceeding,
4		that remains in full force and effect, and from which no appeal
5		can be taken.
6		(c) Any person who shall make any false statement or
7		otherwise violates any of the provisions of this Act in
8		obtaining any license hereunder, or who having obtained a
9		license hereunder shall violate any of the provisions of this
10		Act with respect to the manufacture, possession, distribution
11		or sale of alcoholic liquor, or with respect to the maintenance
12		of the licensed premises, or shall violate any other provision
13		of this Act, shall for a first offense be guilty of a petty
14		offense and fined not more than $500, and for a second or
15		subsequent offense shall be guilty of a Class B misdemeanor.
16		(c-5) Any owner of an establishment that serves alcohol on
17		its premises, if more than 50% of the establishment's gross
18		receipts within the prior 3 months is from the sale of alcohol,
19		who knowingly fails to prohibit concealed firearms on its
20		premises or who knowingly makes a false statement or record to
21		avoid the prohibition of concealed firearms on its premises
22		under the Firearm Concealed Carry Act shall be guilty of a
23		business offense with a fine up to $5,000.
24		(d) Each day any person engages in business as a
25		manufacturer, foreign importer, importing distributor,
26		distributor or retailer in violation of the provisions of this

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1		Act shall constitute a separate offense.
2		(e) Any person, under the age of 21 years who, for the
3		purpose of buying, accepting or receiving alcoholic liquor from
4		a licensee, represents that he is 21 years of age or over shall
5		be guilty of a Class A misdemeanor.
6		(f) In addition to the penalties herein provided, any
7		person licensed as a wine-maker in either class who
8		manufactures more wine than authorized by his license shall be
9		guilty of a business offense and shall be fined $1 for each
10		gallon so manufactured.
11		(g) A person shall be exempt from prosecution for a
12		violation of this Act if he is a peace officer in the
13		enforcement of the criminal laws and such activity is approved
14		in writing by one of the following:
15		(1) In all counties, the respective State's Attorney;
16		(2) The Director of State Police under Section 2605-10,
17		2605-15, 2605-75, 2605-100, 2605-105, 2605-110, 2605-115,
18		2605-120, 2605-130, 2605-140, 2605-190, 2605-200,
19		2605-205, 2605-210, 2605-215, 2605-250, 2605-275,
20		2605-300, 2605-305, 2605-315, 2605-325, 2605-335,
21		2605-340, 2605-350, 2605-355, 2605-360, 2605-365,
22		2605-375, 2605-390, 2605-400, 2605-405, 2605-420,
23		2605-430, 2605-435, 2605-500, 2605-525, or 2605-550 of the
24		Department of State Police Law (20 ILCS 2605/2605-10,
25		2605/2605-15, 2605/2605-75, 2605/2605-100, 2605/2605-105,
26		2605/2605-110, 2605/2605-115, 2605/2605-120,

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1		2605/2605-130, 2605/2605-140, 2605/2605-190,
2		2605/2605-200, 2605/2605-205, 2605/2605-210,
3		2605/2605-215, 2605/2605-250, 2605/2605-275,
4		2605/2605-300, 2605/2605-305, 2605/2605-315,
5		2605/2605-325, 2605/2605-335, 2605/2605-340,
6		2605/2605-350, 2605/2605-355, 2605/2605-360,
7		2605/2605-365, 2605/2605-375, 2605/2605-390,
8		2605/2605-400, 2605/2605-405, 2605/2605-420,
9		2605/2605-430, 2605/2605-435, 2605/2605-500,
10		2605/2605-525, or 2605/2605-550); or
11		(3) In cities over 1,000,000, the Superintendent of
12		Police.
13		(Source: P.A. 90-739, eff. 8-13-98; 91-239, eff. 1-1-00.)
14		Section 145. The Mental Health and Developmental
15		Disabilities Code is amended by changing Section 6-103.1 and by
16		adding Sections 6-103.2 and 6-103.3 as follows:
17		(405 ILCS 5/6-103.1)
18		Sec. 6-103.1. Adjudication as a mentally disabled person
19		mental defective.
20		When a person has been adjudicated as a mentally disabled
21		person mental defective as defined in Section 1.1 of the
22		Firearm Owners Identification Card Act, including, but not
23		limited to, an adjudication as a disabled person as defined in
24		Section 11a-2 of the Probate Act of 1975, the court shall

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1		direct the circuit court clerk to immediately notify the
2		Department of State Police, Firearm Owner's Identification
3		(FOID) Office, in a form and manner prescribed by the
4		Department of State Police, and shall forward a copy of the
5		court order to the Department no later than 7 days after the
6		entry of the order. Upon receipt of the order, the Department
7		of State Police shall provide notification to the National
8		Instant Criminal Background Check System.
9		(Source: P.A. 97-1131, eff. 1-1-13.)
10		(405 ILCS 5/6-103.2 new)
11		Sec. 6-103.2. Developmental disability; notice.
12		For purposes of this Section, if a person is determined to
13		be developmentally disabled as defined in Section 1.1 of the
14		Firearm Owners Identification Card Act by a physician, clinical
15		psychologist, or qualified examiner, whether practicing at a
16		public or by a private mental health facility or developmental
17		disability facility, the physician, clinical psychologist, or
18		qualified examiner shall notify the Department of Human
19		Services within 24 hours of making the determination that the
20		person has a developmental disability. The Department of Human
21		Services shall immediately update its records and information
22		relating to mental health and developmental disabilities, and
23		if appropriate, shall notify the Department of State Police in
24		a form and manner prescribed by the Department of State Police.
25		Information disclosed under this Section shall remain

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1		privileged and confidential, and shall not be redisclosed,
2		except as required under subsection (e) of Section 3.1 of the
3		Firearm Owners Identification Card Act, nor used for any other
4		purpose. The method of providing this information shall
5		guarantee that the information is not released beyond that
6		which is necessary for the purpose of this Section and shall be
7		provided by rule by the Department of Human Services. The
8		identity of the person reporting under this Section shall not
9		be disclosed to the subject of the report.
10		The physician, clinical psychologist, or qualified
11		examiner making the determination and his or her employer may
12		not be held criminally, civilly, or professionally liable for
13		making or not making the notification required under this
14		Section, except for willful or wanton misconduct.
15		(405 ILCS 5/6-103.3 new)
16		Sec. 6-103.3. Clear and present danger; notice.
17		If a person is determined to pose a clear and present
18		danger to himself, herself, or to others by a physician,
19		clinical psychologist, or qualified examiner, whether employed
20		by the State, by any public or private mental health facility
21		or part thereof, or by a law enforcement official or a school
22		administrator, then the physician, clinical psychologist,
23		qualified examiner shall notify the Department of Human
24		Services and a law enforcement official or school administrator
25		shall notify the Department of State Police, within 24 hours of

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1		making the determination that the person poses a clear and
2		present danger. The Department of Human Services shall
3		immediately update its records and information relating to
4		mental health and developmental disabilities, and if
5		appropriate, shall notify the Department of State Police in a
6		form and manner prescribed by the Department of State Police.
7		Information disclosed under this Section shall remain
8		privileged and confidential, and shall not be redisclosed,
9		except as required under subsection (e) of Section 3.1 of the
10		Firearm Owners Identification Card Act, nor used for any other
11		purpose. The method of providing this information shall
12		guarantee that the information is not released beyond that
13		which is necessary for the purpose of this Section and shall be
14		provided by rule by the Department of Human Services. The
15		identity of the person reporting under this Section shall not
16		be disclosed to the subject of the report. The physician,
17		clinical psychologist, qualified examiner, law enforcement
18		official, or school administrator making the determination and
19		his or her employer shall not be held criminally, civilly, or
20		professionally liable for making or not making the notification
21		required under this Section, except for willful or wanton
22		misconduct. This Section does not apply to a law enforcement
23		official, if making the notification under this Section will
24		interfere with an ongoing or pending criminal investigation.
25		For the purposes of this Section:
26		"Clear and present danger" has the meaning ascribed to

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1		it in Section 1.1 of the Firearm Owners Identification Card
2		Act.
3		"School administrator" means the person required to
4		report under the School Administrator Reporting of Mental
5		Health Clear and Present Danger Determinations Law.
6		Section 150. The Firearm Owners Identification Card Act is
7		amended by changing Sections 1.1, 3.1, 4, 5, 8, 8.1, 9, 10,
8		13.1, and 13.2 and by adding Sections 5.1 and 9.5 as follows:
9		(430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
10		(Text of Section before amendment by P.A. 97-1167)
11		Sec. 1.1. For purposes of this Act:
12		"Addicted to narcotics" means a person who has been:
13		(1) convicted of an offense involving the use or
14		possession of cannabis, a controlled substance, or
15		methamphetamine within the past year; or
16		(2) determined by the Department of State Police to be
17		addicted to narcotics based upon federal law or federal
18		guidelines.
19		"Addicted to narcotics" does not include possession or use
20		of a prescribed controlled substance under the direction and
21		authority of a physician or other person authorized to
22		prescribe the controlled substance when the controlled
23		substance is used in the prescribed manner.
24		"Adjudicated Has been adjudicated as a mentally disabled

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1		person mental defective" means the person is the subject of a
2		determination by a court, board, commission or other lawful
3		authority that the a person, as a result of marked subnormal
4		intelligence, or mental illness, mental impairment,
5		incompetency, condition, or disease:
6		(1) presents a clear and present is a danger to
7		himself, herself, or to others;
8		(2) lacks the mental capacity to manage his or her own
9		affairs or is adjudicated a disabled person as defined in
10		Section 11a-2 of the Probate Act of 1975;
11		(3) is not guilty in a criminal case by reason of
12		insanity, mental disease or defect;
13		(3.5) is guilty but mentally ill, as provided in
14		Section 5-2-6 of the Unified Code of Corrections;
15		(4) is incompetent to stand trial in a criminal case;
16		(5) is not guilty by reason of lack of mental
17		responsibility under pursuant to Articles 50a and 72b of
18		the Uniform Code of Military Justice, 10 U.S.C. 850a,
19		876b; .
20		(6) is a sexually violent person under subsection (f)
21		of Section 5 of the Sexually Violent Persons Commitment
22		Act;
23		(7) has been found to be a sexually dangerous person
24		under the Sexually Dangerous Persons Act;
25		(8) is unfit to stand trial under the Juvenile Court
26		Act of 1987;

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1		(9) is not guilty by reason of insanity under the
2		Juvenile Court Act of 1987;
3		(10) is subject to involuntary admission as an
4		inpatient as defined in Section 1-119 of the Mental Health
5		and Development Disabilities Code;
6		(11) is subject to involuntary admission as an
7		outpatient as defined in Section 1-119.1 of the Mental
8		Health and Developmental Disabilities Code;
9		(12) is subject to judicial admission as set forth in
10		Section 4-500 of the Mental Health and Developmental
11		Disabilities Code; or
12		(13) is subject to the provisions of the Interstate
13		Agreements on Sexually Dangerous Persons Act.
14		"Clear and present danger" means a person who:
15		(1) communicates a serious threat of physical violence
16		against a reasonably identifiable victim or poses a clear
17		and imminent risk of serious physical injury to himself,
18		herself, or another person as determined by a physician,
19		clinical psychologist, or qualified examiner; or
20		(2) demonstrates threatening physical or verbal
21		behavior, such as violent, suicidal, or assaultive
22		threats, actions, or other behavior, as determined by a
23		physician, clinical psychologist, qualified examiner,
24		school administrator, or law enforcement official.
25		"Clinical psychologist" has the meaning provided in
26		Section 1-103 of the Mental Health and Developmental

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1		Disabilities Code.
2		"Controlled substance" means a controlled substance or
3		controlled substance analog as defined in the Illinois
4		Controlled Substances Act.
5		"Counterfeit" means to copy or imitate, without legal
6		authority, with intent to deceive.
7		"Developmentally disabled" means a disability which is
8		attributable to any other condition which results in impairment
9		similar to that caused by an intellectual disability and which
10		requires services similar to those required by intellectually
11		disabled persons. The disability must originate before the age
12		of 18 years, be expected to continue indefinitely, and
13		constitute a substantial handicap.
14		"Federally licensed firearm dealer" means a person who is
15		licensed as a federal firearms dealer under Section 923 of the
16		federal Gun Control Act of 1968 (18 U.S.C. 923).
17		"Firearm" means any device, by whatever name known, which
18		is designed to expel a projectile or projectiles by the action
19		of an explosion, expansion of gas or escape of gas; excluding,
20		however:
21		(1) any pneumatic gun, spring gun, paint ball gun, or
22		B-B gun which expels a single globular projectile not
23		exceeding .18 inch in diameter or which has a maximum
24		muzzle velocity of less than 700 feet per second;
25		(1.1) any pneumatic gun, spring gun, paint ball gun, or
26		B-B gun which expels breakable paint balls containing

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1		washable marking colors;
2		(2) any device used exclusively for signalling or
3		safety and required or recommended by the United States
4		Coast Guard or the Interstate Commerce Commission;
5		(3) any device used exclusively for the firing of stud
6		cartridges, explosive rivets or similar industrial
7		ammunition; and
8		(4) an antique firearm (other than a machine-gun)
9		which, although designed as a weapon, the Department of
10		State Police finds by reason of the date of its
11		manufacture, value, design, and other characteristics is
12		primarily a collector's item and is not likely to be used
13		as a weapon.
14		"Firearm ammunition" means any self-contained cartridge or
15		shotgun shell, by whatever name known, which is designed to be
16		used or adaptable to use in a firearm; excluding, however:
17		(1) any ammunition exclusively designed for use with a
18		device used exclusively for signalling or safety and
19		required or recommended by the United States Coast Guard or
20		the Interstate Commerce Commission; and
21		(2) any ammunition designed exclusively for use with a
22		stud or rivet driver or other similar industrial
23		ammunition.
24		"Gun show" means an event or function:
25		(1) at which the sale and transfer of firearms is the
26		regular and normal course of business and where 50 or more

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1		firearms are displayed, offered, or exhibited for sale,
2		transfer, or exchange; or
3		(2) at which not less than 10 gun show vendors display,
4		offer, or exhibit for sale, sell, transfer, or exchange
5		firearms.
6		"Gun show" includes the entire premises provided for an
7		event or function, including parking areas for the event or
8		function, that is sponsored to facilitate the purchase, sale,
9		transfer, or exchange of firearms as described in this Section.
10		"Gun show" does not include training or safety classes,
11		competitive shooting events, such as rifle, shotgun, or handgun
12		matches, trap, skeet, or sporting clays shoots, dinners,
13		banquets, raffles, or any other event where the sale or
14		transfer of firearms is not the primary course of business.
15		"Gun show promoter" means a person who organizes or
16		operates a gun show.
17		"Gun show vendor" means a person who exhibits, sells,
18		offers for sale, transfers, or exchanges any firearms at a gun
19		show, regardless of whether the person arranges with a gun show
20		promoter for a fixed location from which to exhibit, sell,
21		offer for sale, transfer, or exchange any firearm.
22		"Intellectually disabled" means significantly subaverage
23		general intellectual functioning which exists concurrently
24		with impairment in adaptive behavior and which originates
25		before the age of 18 years.
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		"Patient" means:
15		(1) a person who voluntarily receives mental health
16		treatment as an in-patient or resident of any public or
17		private mental health facility, unless the treatment was
18		solely for an alcohol abuse disorder and no other secondary
19		substance abuse disorder or mental illness; or
20		(2) a person who voluntarily receives mental health
21		treatment as an out-patient or is provided services by a
22		public or private mental health facility, and who poses a
23		clear and present danger to himself, herself, or to others.
24		"Physician" has the meaning as defined in Section 1-120 of
25		the Mental Health and Developmental Disabilities Code.
26		"Qualified examiner" has the meaning provided in Section

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1		1-122 of the Mental Health and Developmental Disabilities Code.
2		"Sanctioned competitive shooting event" means a shooting
3		contest officially recognized by a national or state shooting
4		sport association, and includes any sight-in or practice
5		conducted in conjunction with the event.
6		"School administrator" means the person required to report
7		under the School Administrator Reporting of Mental Health Clear
8		and Present Danger Determinations Law.
9		"Stun gun or taser" has the meaning ascribed to it in
10		Section 24-1 of the Criminal Code of 2012.
11		(Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13.)
12		(Text of Section after amendment by P.A. 97-1167)
13		Sec. 1.1. For purposes of this Act:
14		"Addicted to narcotics" means a person who has been:
15		(1) convicted of an offense involving the use or
16		possession of cannabis, a controlled substance, or
17		methamphetamine within the past year; or
18		(2) determined by the Department of State Police to be
19		addicted to narcotics based upon federal law or federal
20		guidelines.
21		"Addicted to narcotics" does not include possession or use
22		of a prescribed controlled substance under the direction and
23		authority of a physician or other person authorized to
24		prescribe the controlled substance when the controlled
25		substance is used in the prescribed manner.

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1		"Adjudicated Has been adjudicated as a mentally disabled
2		person mental defective" means the person is the subject of a
3		determination by a court, board, commission or other lawful
4		authority that the a person, as a result of marked subnormal
5		intelligence, or mental illness, mental impairment,
6		incompetency, condition, or disease:
7		(1) presents a clear and present is a danger to
8		himself, herself, or to others;
9		(2) lacks the mental capacity to manage his or her own
10		affairs or is adjudicated a disabled person as defined in
11		Section 11a-2 of the Probate Act of 1975;
12		(3) is not guilty in a criminal case by reason of
13		insanity, mental disease or defect;
14		(3.5) is guilty but mentally ill, as provided in
15		Section 5-2-6 of the Unified Code of Corrections;
16		(4) is incompetent to stand trial in a criminal case;
17		(5) is not guilty by reason of lack of mental
18		responsibility under pursuant to Articles 50a and 72b of
19		the Uniform Code of Military Justice, 10 U.S.C. 850a,
20		876b; .
21		(6) is a sexually violent person under subsection (f)
22		of Section 5 of the Sexually Violent Persons Commitment
23		Act;
24		(7) is a sexually dangerous person under the Sexually
25		Dangerous Persons Act;
26		(8) is unfit to stand trial under the Juvenile Court

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1		Act of 1987;
2		(9) is not guilty by reason of insanity under the
3		Juvenile Court Act of 1987;
4		(10) is subject to involuntary admission as an
5		inpatient as defined in Section 1-119 of the Mental Health
6		and Developmental Disabilities Code;
7		(11) is subject to involuntary admission as an
8		outpatient as defined in Section 1-119.1 of the Mental
9		Health and Developmental Disabilities Code;
10		(12) is subject to judicial admission as set forth in
11		Section 4-500 of the Mental Health and Developmental
12		Disabilities Code; or
13		(13) is subject to the provisions of the Interstate
14		Agreements on Sexually Dangerous Persons Act.
15		"Clear and present danger" means a person who:
16		(1) communicates a serious threat of physical violence
17		against a reasonably identifiable victim or poses a clear
18		and imminent risk of serious physical injury to himself,
19		herself, or another person as determined by a physician,
20		clinical psychologist, or qualified examiner; or
21		(2) demonstrates threatening physical or verbal
22		behavior, such as violent, suicidal, or assaultive
23		threats, actions, or other behavior, as determined by a
24		physician, clinical psychologist, qualified examiner,
25		school administrator, or law enforcement official.
26		"Clinical psychologist" has the meaning provided in

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1		Section 1-103 of the Mental Health and Developmental
2		Disabilities Code.
3		"Controlled substance" means a controlled substance or
4		controlled substance analog as defined in the Illinois
5		Controlled Substances Act.
6		"Counterfeit" means to copy or imitate, without legal
7		authority, with intent to deceive.
8		"Developmentally disabled" means a disability which is
9		attributable to any other condition which results in impairment
10		similar to that caused by an intellectual disability and which
11		requires services similar to those required by intellectually
12		disabled persons. The disability must originate before the age
13		of 18 years, be expected to continue indefinitely, and
14		constitute a substantial handicap.
15		"Federally licensed firearm dealer" means a person who is
16		licensed as a federal firearms dealer under Section 923 of the
17		federal Gun Control Act of 1968 (18 U.S.C. 923).
18		"Firearm" means any device, by whatever name known, which
19		is designed to expel a projectile or projectiles by the action
20		of an explosion, expansion of gas or escape of gas; excluding,
21		however:
22		(1) any pneumatic gun, spring gun, paint ball gun, or
23		B-B gun which expels a single globular projectile not
24		exceeding .18 inch in diameter or which has a maximum
25		muzzle velocity of less than 700 feet per second;
26		(1.1) any pneumatic gun, spring gun, paint ball gun, or

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

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1		regular and normal course of business and where 50 or more
2		firearms are displayed, offered, or exhibited for sale,
3		transfer, or exchange; or
4		(2) at which not less than 10 gun show vendors display,
5		offer, or exhibit for sale, sell, transfer, or exchange
6		firearms.
7		"Gun show" includes the entire premises provided for an
8		event or function, including parking areas for the event or
9		function, that is sponsored to facilitate the purchase, sale,
10		transfer, or exchange of firearms as described in this Section.
11		"Gun show" does not include training or safety classes,
12		competitive shooting events, such as rifle, shotgun, or handgun
13		matches, trap, skeet, or sporting clays shoots, dinners,
14		banquets, raffles, or any other event where the sale or
15		transfer of firearms is not the primary course of business.
16		"Gun show promoter" means a person who organizes or
17		operates a gun show.
18		"Gun show vendor" means a person who exhibits, sells,
19		offers for sale, transfers, or exchanges any firearms at a gun
20		show, regardless of whether the person arranges with a gun show
21		promoter for a fixed location from which to exhibit, sell,
22		offer for sale, transfer, or exchange any firearm.
23		"Intellectually disabled" means significantly subaverage
24		general intellectual functioning which exists concurrently
25		with impairment in adaptive behavior and which originates
26		before the age of 18 years.

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1		"Involuntarily admitted" has the meaning as prescribed in
2		Sections 1-119 and 1-119.1 of the Mental Health and
3		Developmental Disabilities Code.
4		"Mental health facility institution" means any licensed
5		private hospital or hospital affiliate, institution, or
6		facility, or part thereof, and any facility, or part thereof,
7		operated by the State or a political subdivision thereof which
8		provide clinic, evaluation facility, mental health center, or
9		part thereof, which is used primarily for the care or treatment
10		of persons with mental illness and includes all hospitals,
11		institutions, clinics, evaluation facilities, mental health
12		centers, colleges, universities, long-term care facilities,
13		and nursing homes, or parts thereof, which provide treatment of
14		persons with mental illness whether or not the primary purpose
15		is to provide treatment of persons with mental illness.
16		"Patient" means:
17		(1) a person who voluntarily receives mental health
18		treatment as an in-patient or resident of any public or
19		private mental health facility, unless the treatment was
20		solely for an alcohol abuse disorder and no other secondary
21		substance abuse disorder or mental illness; or
22		(2) a person who voluntarily receives mental health
23		treatment as an out-patient or is provided services by a
24		public or private mental health facility, and who poses a
25		clear and present danger to himself, herself, or to others.
26		"Physician" has the meaning as defined in Section 1-120 of

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1		the Mental Health and Developmental Disabilities Code.
2		"Qualified examiner" has the meaning provided in Section
3		1-122 of the Mental Health and Developmental Disabilities Code.
4		"Patient in a mental institution" means the person was
5		admitted, either voluntarily or involuntarily, to a mental
6		institution for mental health treatment, unless the treatment
7		was voluntary and solely for an alcohol abuse disorder and no
8		other secondary substance abuse disorder or mental illness.
9		"Sanctioned competitive shooting event" means a shooting
10		contest officially recognized by a national or state shooting
11		sport association, and includes any sight-in or practice
12		conducted in conjunction with the event.
13		"School administrator" means the person required to report
14		under the School Administrator Reporting of Mental Health Clear
15		and Present Danger Determinations Law.
16		"Stun gun or taser" has the meaning ascribed to it in
17		Section 24-1 of the Criminal Code of 2012.
18		(Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13;
19		97-1167, eff. 6-1-13.)
20		(430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
21		Sec. 3.1. Dial up system.
22		(a) The Department of State Police shall provide a dial up
23		telephone system or utilize other existing technology which
24		shall be used by any federally licensed firearm dealer, gun
25		show promoter, or gun show vendor who is to transfer a firearm,

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1		stun gun, or taser under the provisions of this Act. The
2		Department of State Police may utilize existing technology
3		which allows the caller to be charged a fee not to exceed $2.
4		Fees collected by the Department of State Police shall be
5		deposited in the State Police Services Fund and used to provide
6		the service.
7		(b) Upon receiving a request from a federally licensed
8		firearm dealer, gun show promoter, or gun show vendor, the
9		Department of State Police shall immediately approve, or within
10		the time period established by Section 24-3 of the Criminal
11		Code of 2012 regarding the delivery of firearms, stun guns, and
12		tasers notify the inquiring dealer, gun show promoter, or gun
13		show vendor of any objection that would disqualify the
14		transferee from acquiring or possessing a firearm, stun gun, or
15		taser. In conducting the inquiry, the Department of State
16		Police shall initiate and complete an automated search of its
17		criminal history record information files and those of the
18		Federal Bureau of Investigation, including the National
19		Instant Criminal Background Check System, and of the files of
20		the Department of Human Services relating to mental health and
21		developmental disabilities to obtain any felony conviction or
22		patient hospitalization information which would disqualify a
23		person from obtaining or require revocation of a currently
24		valid Firearm Owner's Identification Card.
25		(c) If receipt of a firearm would not violate Section 24-3
26		of the Criminal Code of 2012, federal law, or this Act the

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1		Department of State Police shall:
2		(1) assign a unique identification number to the
3		transfer; and
4		(2) provide the licensee, gun show promoter, or gun
5		show vendor with the number.
6		(d) Approvals issued by the Department of State Police for
7		the purchase of a firearm are valid for 30 days from the date
8		of issue.
9		(e) (1) The Department of State Police must act as the
10		Illinois Point of Contact for the National Instant Criminal
11		Background Check System.
12		(2) The Department of State Police and the Department of
13		Human Services shall, in accordance with State and federal law
14		regarding confidentiality, enter into a memorandum of
15		understanding with the Federal Bureau of Investigation for the
16		purpose of implementing the National Instant Criminal
17		Background Check System in the State. The Department of State
18		Police shall report the name, date of birth, and physical
19		description of any person prohibited from possessing a firearm
20		pursuant to the Firearm Owners Identification Card Act or 18
21		U.S.C. 922(g) and (n) to the National Instant Criminal
22		Background Check System Index, Denied Persons Files.
23		(3) The Department of State Police shall provide notice of
24		the disqualification of a person under subsection (b) of this
25		Section or the revocation of a person's Firearm Owner's
26		Identification Card under Section 8 of this Act, and the reason

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1		for the disqualification or revocation, to all law enforcement
2		agencies with jurisdiction to assist with the seizure of the
3		person's Firearm Owner's Identification Card.
4		(f) The Department of State Police shall adopt promulgate
5		rules not inconsistent with this Section to implement this
6		system.
7		(Source: P.A. 97-1150, eff. 1-25-13.)
8		(430 ILCS 65/4) (from Ch. 38, par. 83-4)
9		(Text of Section before amendment by P.A. 97-1167)
10		Sec. 4. (a) Each applicant for a Firearm Owner's
11		Identification Card must:
12		(1) Make application on blank forms prepared and
13		furnished at convenient locations throughout the State by
14		the Department of State Police, or by electronic means, if
15		and when made available by the Department of State Police;
16		and
17		(2) Submit evidence to the Department of State Police
18		that:
19		(i) He or she is 21 years of age or over, or if he
20		or she is under 21 years of age that he or she has the
21		written consent of his or her parent or legal guardian
22		to possess and acquire firearms and firearm ammunition
23		and that he or she has never been convicted of a
24		misdemeanor other than a traffic offense or adjudged
25		delinquent, provided, however, that such parent or

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1		legal guardian is not an individual prohibited from
2		having a Firearm Owner's Identification Card and files
3		an affidavit with the Department as prescribed by the
4		Department stating that he or she is not an individual
5		prohibited from having a Card;
6		(ii) He or she has not been convicted of a felony
7		under the laws of this or any other jurisdiction;
8		(iii) He or she is not addicted to narcotics;
9		(iv) He or she has not been a patient in a mental
10		health facility institution within the past 5 years or,
11		if he or she has been a patient in a mental health
12		facility more than 5 years ago submit the certification
13		required under subsection (u) of Section 8 of this Act
14		and he or she has not been adjudicated as a mental
15		defective;
16		(v) He or she is not intellectually disabled;
17		(vi) He or she is not an alien who is unlawfully
18		present in the United States under the laws of the
19		United States;
20		(vii) He or she is not subject to an existing order
21		of protection prohibiting him or her from possessing a
22		firearm;
23		(viii) He or she has not been convicted within the
24		past 5 years of battery, assault, aggravated assault,
25		violation of an order of protection, or a substantially
26		similar offense in another jurisdiction, in which a

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1		firearm was used or possessed;
2		(ix) He or she has not been convicted of domestic
3		battery, aggravated domestic battery, or a
4		substantially similar offense in another jurisdiction
5		committed before, on or after January 1, 2012 (the
6		effective date of Public Act 97-158). If the applicant
7		knowingly and intelligently waives the right to have an
8		offense described in this clause (ix) tried by a jury,
9		and by guilty plea or otherwise, results in a
10		conviction for an offense in which a domestic
11		relationship is not a required element of the offense
12		but in which a determination of the applicability of 18
13		U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
14		Code of Criminal Procedure of 1963, an entry by the
15		court of a judgment of conviction for that offense
16		shall be grounds for denying the issuance of a Firearm
17		Owner's Identification Card under this Section;
18		(x) (Blank);
19		(xi) He or she is not an alien who has been
20		admitted to the United States under a non-immigrant
21		visa (as that term is defined in Section 101(a)(26) of
22		the Immigration and Nationality Act (8 U.S.C.
23		1101(a)(26))), or that he or she is an alien who has
24		been lawfully admitted to the United States under a
25		non-immigrant visa if that alien is:
26		(1) admitted to the United States for lawful

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1		hunting or sporting purposes;
2		(2) an official representative of a foreign
3		government who is:
4		(A) accredited to the United States
5		Government or the Government's mission to an
6		international organization having its
7		headquarters in the United States; or
8		(B) en route to or from another country to
9		which that alien is accredited;
10		(3) an official of a foreign government or
11		distinguished foreign visitor who has been so
12		designated by the Department of State;
13		(4) a foreign law enforcement officer of a
14		friendly foreign government entering the United
15		States on official business; or
16		(5) one who has received a waiver from the
17		Attorney General of the United States pursuant to
18		18 U.S.C. 922(y)(3);
19		(xii) He or she is not a minor subject to a
20		petition filed under Section 5-520 of the Juvenile
21		Court Act of 1987 alleging that the minor is a
22		delinquent minor for the commission of an offense that
23		if committed by an adult would be a felony;
24		(xiii) He or she is not an adult who had been
25		adjudicated a delinquent minor under the Juvenile
26		Court Act of 1987 for the commission of an offense that

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1		if committed by an adult would be a felony; and
2		(xiv) He or she is a resident of the State of
3		Illinois; and
4		(xv) He or she has not been adjudicated as a
5		mentally disabled person;
6		(xvi) He or she has not been involuntarily admitted
7		into a mental health facility; and
8		(xvii) He or she is not developmentally disabled;
9		and
10		(3) Upon request by the Department of State Police,
11		sign a release on a form prescribed by the Department of
12		State Police waiving any right to confidentiality and
13		requesting the disclosure to the Department of State Police
14		of limited mental health institution admission information
15		from another state, the District of Columbia, any other
16		territory of the United States, or a foreign nation
17		concerning the applicant for the sole purpose of
18		determining whether the applicant is or was a patient in a
19		mental health institution and disqualified because of that
20		status from receiving a Firearm Owner's Identification
21		Card. No mental health care or treatment records may be
22		requested. The information received shall be destroyed
23		within one year of receipt.
24		(a-5) Each applicant for a Firearm Owner's Identification
25		Card who is over the age of 18 shall furnish to the Department
26		of State Police either his or her Illinois driver's license

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1		number or Illinois Identification Card number, except as
2		provided in subsection (a-10).
3		(a-10) Each applicant for a Firearm Owner's Identification
4		Card, who is employed as a law enforcement officer, an armed
5		security officer in Illinois, or by the United States Military
6		permanently assigned in Illinois and who is not an Illinois
7		resident, shall furnish to the Department of State Police his
8		or her driver's license number or state identification card
9		number from his or her state of residence. The Department of
10		State Police may adopt promulgate rules to enforce the
11		provisions of this subsection (a-10).
12		(a-15) If an applicant applying for a Firearm Owner's
13		Identification Card moves from the residence address named in
14		the application, he or she shall immediately notify in a form
15		and manner prescribed by the Department of State Police of that
16		change of address.
17		(a-20) Each applicant for a Firearm Owner's Identification
18		Card shall furnish to the Department of State Police his or her
19		photograph. An applicant who is 21 years of age or older
20		seeking a religious exemption to the photograph requirement
21		must furnish with the application an approved copy of United
22		States Department of the Treasury Internal Revenue Service Form
23		4029. In lieu of a photograph, an applicant regardless of age
24		seeking a religious exemption to the photograph requirement
25		shall submit fingerprints on a form and manner prescribed by
26		the Department with his or her application.

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1		(b) Each application form shall include the following
2		statement printed in bold type: "Warning: Entering false
3		information on an application for a Firearm Owner's
4		Identification Card is punishable as a Class 2 felony in
5		accordance with subsection (d-5) of Section 14 of the Firearm
6		Owners Identification Card Act.".
7		(c) Upon such written consent, pursuant to Section 4,
8		paragraph (a)(2)(i), the parent or legal guardian giving the
9		consent shall be liable for any damages resulting from the
10		applicant's use of firearms or firearm ammunition.
11		(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,
12		eff. 7-13-12; 97-1131, eff. 1-1-13.)
13		(Text of Section after amendment by P.A. 97-1167)
14		Sec. 4. (a) Each applicant for a Firearm Owner's
15		Identification Card must:
16		(1) Make application on blank forms prepared and
17		furnished at convenient locations throughout the State by
18		the Department of State Police, or by electronic means, if
19		and when made available by the Department of State Police;
20		and
21		(2) Submit evidence to the Department of State Police
22		that:
23		(i) He or she is 21 years of age or over, or if he
24		or she is under 21 years of age that he or she has the
25		written consent of his or her parent or legal guardian

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1		to possess and acquire firearms and firearm ammunition
2		and that he or she has never been convicted of a
3		misdemeanor other than a traffic offense or adjudged
4		delinquent, provided, however, that such parent or
5		legal guardian is not an individual prohibited from
6		having a Firearm Owner's Identification Card and files
7		an affidavit with the Department as prescribed by the
8		Department stating that he or she is not an individual
9		prohibited from having a Card;
10		(ii) He or she has not been convicted of a felony
11		under the laws of this or any other jurisdiction;
12		(iii) He or she is not addicted to narcotics;
13		(iv) He or she has not been a patient in a mental
14		health facility institution within the past 5 years or,
15		if he or she has been a patient in a mental health
16		facility more than 5 years ago submit the certification
17		required under subsection (u) of Section 8 of this Act;
18		(v) He or she is not intellectually disabled;
19		(vi) He or she is not an alien who is unlawfully
20		present in the United States under the laws of the
21		United States;
22		(vii) He or she is not subject to an existing order
23		of protection prohibiting him or her from possessing a
24		firearm;
25		(viii) He or she has not been convicted within the
26		past 5 years of battery, assault, aggravated assault,

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1		violation of an order of protection, or a substantially
2		similar offense in another jurisdiction, in which a
3		firearm was used or possessed;
4		(ix) He or she has not been convicted of domestic
5		battery, aggravated domestic battery, or a
6		substantially similar offense in another jurisdiction
7		committed before, on or after January 1, 2012 (the
8		effective date of Public Act 97-158). If the applicant
9		knowingly and intelligently waives the right to have an
10		offense described in this clause (ix) tried by a jury,
11		and by guilty plea or otherwise, results in a
12		conviction for an offense in which a domestic
13		relationship is not a required element of the offense
14		but in which a determination of the applicability of 18
15		U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
16		Code of Criminal Procedure of 1963, an entry by the
17		court of a judgment of conviction for that offense
18		shall be grounds for denying the issuance of a Firearm
19		Owner's Identification Card under this Section;
20		(x) (Blank);
21		(xi) He or she is not an alien who has been
22		admitted to the United States under a non-immigrant
23		visa (as that term is defined in Section 101(a)(26) of
24		the Immigration and Nationality Act (8 U.S.C.
25		1101(a)(26))), or that he or she is an alien who has
26		been lawfully admitted to the United States under a

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1		non-immigrant visa if that alien is:
2		(1) admitted to the United States for lawful
3		hunting or sporting purposes;
4		(2) an official representative of a foreign
5		government who is:
6		(A) accredited to the United States
7		Government or the Government's mission to an
8		international organization having its
9		headquarters in the United States; or
10		(B) en route to or from another country to
11		which that alien is accredited;
12		(3) an official of a foreign government or
13		distinguished foreign visitor who has been so
14		designated by the Department of State;
15		(4) a foreign law enforcement officer of a
16		friendly foreign government entering the United
17		States on official business; or
18		(5) one who has received a waiver from the
19		Attorney General of the United States pursuant to
20		18 U.S.C. 922(y)(3);
21		(xii) He or she is not a minor subject to a
22		petition filed under Section 5-520 of the Juvenile
23		Court Act of 1987 alleging that the minor is a
24		delinquent minor for the commission of an offense that
25		if committed by an adult would be a felony;
26		(xiii) He or she is not an adult who had been

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1		adjudicated a delinquent minor under the Juvenile
2		Court Act of 1987 for the commission of an offense that
3		if committed by an adult would be a felony;
4		(xiv) He or she is a resident of the State of
5		Illinois; and
6		(xv) He or she has not been adjudicated as a
7		mentally disabled person mental defective; and
8		(xvi) He or she has not been involuntarily admitted
9		into a mental health facility; and
10		(xvii) He or she is not developmentally disabled;
11		and
12		(3) Upon request by the Department of State Police,
13		sign a release on a form prescribed by the Department of
14		State Police waiving any right to confidentiality and
15		requesting the disclosure to the Department of State Police
16		of limited mental health institution admission information
17		from another state, the District of Columbia, any other
18		territory of the United States, or a foreign nation
19		concerning the applicant for the sole purpose of
20		determining whether the applicant is or was a patient in a
21		mental health institution and disqualified because of that
22		status from receiving a Firearm Owner's Identification
23		Card. No mental health care or treatment records may be
24		requested. The information received shall be destroyed
25		within one year of receipt.
26		(a-5) Each applicant for a Firearm Owner's Identification

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1		Card who is over the age of 18 shall furnish to the Department
2		of State Police either his or her Illinois driver's license
3		number or Illinois Identification Card number, except as
4		provided in subsection (a-10).
5		(a-10) Each applicant for a Firearm Owner's Identification
6		Card, who is employed as a law enforcement officer, an armed
7		security officer in Illinois, or by the United States Military
8		permanently assigned in Illinois and who is not an Illinois
9		resident, shall furnish to the Department of State Police his
10		or her driver's license number or state identification card
11		number from his or her state of residence. The Department of
12		State Police may adopt promulgate rules to enforce the
13		provisions of this subsection (a-10).
14		(a-15) If an applicant applying for a Firearm Owner's
15		Identification Card moves from the residence address named in
16		the application, he or she shall immediately notify in a form
17		and manner prescribed by the Department of State Police of that
18		change of address.
19		(a-20) Each applicant for a Firearm Owner's Identification
20		Card shall furnish to the Department of State Police his or her
21		photograph. An applicant who is 21 years of age or older
22		seeking a religious exemption to the photograph requirement
23		must furnish with the application an approved copy of United
24		States Department of the Treasury Internal Revenue Service Form
25		4029. In lieu of a photograph, an applicant regardless of age
26		seeking a religious exemption to the photograph requirement

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1		shall submit fingerprints on a form and manner prescribed by
2		the Department with his or her application.
3		(b) Each application form shall include the following
4		statement printed in bold type: "Warning: Entering false
5		information on an application for a Firearm Owner's
6		Identification Card is punishable as a Class 2 felony in
7		accordance with subsection (d-5) of Section 14 of the Firearm
8		Owners Identification Card Act.".
9		(c) Upon such written consent, pursuant to Section 4,
10		paragraph (a)(2)(i), the parent or legal guardian giving the
11		consent shall be liable for any damages resulting from the
12		applicant's use of firearms or firearm ammunition.
13		(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,
14		eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13.)
15		(430 ILCS 65/5) (from Ch. 38, par. 83-5)
16		Sec. 5. The Department of State Police shall either approve
17		or deny all applications within 30 days from the date they are
18		received, and every applicant found qualified under pursuant to
19		Section 8 of this Act by the Department shall be entitled to a
20		Firearm Owner's Identification Card upon the payment of a $10
21		fee. Any applicant who is an active duty member of the Armed
22		Forces of the United States, a member of the Illinois National
23		Guard, or a member of the Reserve Forces of the United States
24		is exempt from the application fee. $6 of each fee derived from
25		the issuance of Firearm Owner's Identification Cards, or

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1		renewals thereof, shall be deposited in the Wildlife and Fish
2		Fund in the State Treasury; $1 of the such fee shall be
3		deposited in the State Police Services Fund and $3 of the such
4		fee shall be deposited in the State Police Firearm Services
5		Fund. Firearm Owner's Notification Fund. Monies in the Firearm
6		Owner's Notification Fund shall be used exclusively to pay for
7		the cost of sending notices of expiration of Firearm Owner's
8		Identification Cards under Section 13.2 of this Act. Excess
9		monies in the Firearm Owner's Notification Fund shall be used
10		to ensure the prompt and efficient processing of applications
11		received under Section 4 of this Act.
12		(Source: P.A. 95-581, eff. 6-1-08; 96-91, eff. 7-27-09.)
13		(430 ILCS 65/5.1 new)
14		Sec. 5.1. State Police Firearm Services Fund. All moneys
15		remaining in the Firearm Owner's Notification Fund on the
16		effective date of this amendatory Act of the 98th General
17		Assembly shall be transferred into the State Police Firearm
18		Services Fund, a special fund created in the State treasury, to
19		be expended by the Department of State Police, for the purposes
20		specified in this Act and Section 2605-595 of the Department of
21		State Police Law of the Civil Administrative Code of Illinois.
22		(430 ILCS 65/8) (from Ch. 38, par. 83-8)
23		(Text of Section before amendment by P.A. 97-1167)
24		Sec. 8. The Department of State Police has authority to

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

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

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

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

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1		disabled;
2		(t) A person involuntarily admitted into a mental health
3		facility;
4		(u) A person who has had his or her Firearm Owner's
5		Identification Card revoked or denied under subsection (e) of
6		this Section or item (iv) of Section 4 of this Act because he
7		or she was a patient in a mental health facility as provided in
8		item (2) of subsection (e) of this Section, shall not be
9		permitted to obtain a Firearm Owner's Identification Card,
10		after the 5 year period has lapsed, unless he or she has
11		received a mental health evaluation by a physician, clinical
12		psychologist, or qualified examiner as those terms are defined
13		in the Mental Health and Developmental Disabilities Code, and
14		has received a certification that he or she is not a clear and
15		present danger to himself, herself, or others. The physician,
16		clinical psychologist, or qualified examiner making the
17		certification and his or her employer shall not be held
18		criminally, civilly, or professionally liable for making or not
19		making the certification required under this subsection,
20		except for willful or wanton misconduct. This subsection does
21		not apply to a person whose firearm possession rights have been
22		restored through administrative or judicial action under
23		Section 10 or 11 of this Act; or
24		(v) Upon revocation of a person's Firearm Owner's
25		Identification Card, the Department of State Police shall
26		provide notice to the person and the person shall comply with

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1		Section 9.5 of this Act.
2		(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
3		eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
4		(Text of Section after amendment by P.A. 97-1167)
5		Sec. 8. The Department of State Police has authority to
6		deny an application for or to revoke and seize a Firearm
7		Owner's Identification Card previously issued under this Act
8		only if the Department finds that the applicant or the person
9		to whom such card was issued is or was at the time of issuance:
10		(a) A person under 21 years of age who has been convicted
11		of a misdemeanor other than a traffic offense or adjudged
12		delinquent;
13		(b) A person under 21 years of age who does not have the
14		written consent of his parent or guardian to acquire and
15		possess firearms and firearm ammunition, or whose parent or
16		guardian has revoked such written consent, or where such parent
17		or guardian does not qualify to have a Firearm Owner's
18		Identification Card;
19		(c) A person convicted of a felony under the laws of this
20		or any other jurisdiction;
21		(d) A person addicted to narcotics;
22		(e) A person who has been a patient of a mental health
23		facility institution within the past 5 years or a person who
24		has been a patient in a mental health facility more than 5
25		years ago who has not received the certification required under

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1		subsection (u) of this Section. An active law enforcement
2		officer employed by a unit of government who is denied,
3		revoked, or has his or her Firearm Owner's Identification Card
4		seized under this subsection (e) may obtain relief as described
5		in subsection (c-5) of Section 10 of this Act if the officer
6		did not act in a manner threatening to the officer, another
7		person, or the public as determined by the treating clinical
8		psychologist or physician, and the officer seeks mental health
9		treatment;
10		(f) A person whose mental condition is of such a nature
11		that it poses a clear and present danger to the applicant, any
12		other person or persons or the community;
13		For the purposes of this Section, "mental condition" means
14		a state of mind manifested by violent, suicidal, threatening or
15		assaultive behavior.
16		(g) A person who is intellectually disabled;
17		(h) A person who intentionally makes a false statement in
18		the Firearm Owner's Identification Card application;
19		(i) An alien who is unlawfully present in the United States
20		under the laws of the United States;
21		(i-5) An alien who has been admitted to the United States
22		under a non-immigrant visa (as that term is defined in Section
23		101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
24		1101(a)(26))), except that this subsection (i-5) does not apply
25		to any alien who has been lawfully admitted to the United
26		States under a non-immigrant visa if that alien is:

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

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1		offense in another jurisdiction committed before, on or after
2		January 1, 2012 (the effective date of Public Act 97-158). If
3		the applicant or person who has been previously issued a
4		Firearm Owner's Identification Card under this Act knowingly
5		and intelligently waives the right to have an offense described
6		in this paragraph (l) tried by a jury, and by guilty plea or
7		otherwise, results in a conviction for an offense in which a
8		domestic relationship is not a required element of the offense
9		but in which a determination of the applicability of 18 U.S.C.
10		922(g)(9) is made under Section 112A-11.1 of the Code of
11		Criminal Procedure of 1963, an entry by the court of a judgment
12		of conviction for that offense shall be grounds for denying an
13		application for and for revoking and seizing a Firearm Owner's
14		Identification Card previously issued to the person under this
15		Act;
16		(m) (Blank);
17		(n) A person who is prohibited from acquiring or possessing
18		firearms or firearm ammunition by any Illinois State statute or
19		by federal law;
20		(o) A minor subject to a petition filed under Section 5-520
21		of the Juvenile Court Act of 1987 alleging that the minor is a
22		delinquent minor for the commission of an offense that if
23		committed by an adult would be a felony;
24		(p) An adult who had been adjudicated a delinquent minor
25		under the Juvenile Court Act of 1987 for the commission of an
26		offense that if committed by an adult would be a felony;

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

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1		not apply to a person whose firearm possession rights have been
2		restored through administrative or judicial action under
3		Section 10 or 11 of this Act; or
4		(v) Upon revocation of a person's Firearm Owner's
5		Identification Card, the Department of State Police shall
6		provide notice to the person and the person shall comply with
7		Section 9.5 of this Act.
8		(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
9		eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13;
10		97-1167, eff. 6-1-13.)
11		(430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
12		Sec. 8.1. Notifications to the Circuit Clerk to notify
13		Department of State Police.
14		(a) The Circuit Clerk shall, in the form and manner
15		required by the Supreme Court, notify the Department of State
16		Police of all final dispositions of cases for which the
17		Department has received information reported to it under
18		Sections 2.1 and 2.2 of the Criminal Identification Act.
19		(b) Upon adjudication of any individual as a mentally
20		disabled person mental defective, as defined in Section 1.1 of
21		this Act or a finding that a person has been involuntarily
22		admitted or as provided in paragraph (3.5) of subsection (c) of
23		Section 104-26 of the Code of Criminal Procedure of 1963, the
24		court shall direct the circuit court clerk to immediately
25		notify the Department of State Police, Firearm Owner's

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1		Identification (FOID) department, and shall forward a copy of
2		the court order to the Department.
3		(c) The Department of Human Services shall, in the form and
4		manner prescribed by the Department of State Police, report all
5		information collected under subsection (b) of Section 12 of the
6		Mental Health and Developmental Disabilities Confidentiality
7		Act for the purpose of determining whether a person who may be
8		or may have been a patient in a mental health facility is
9		disqualified under State or federal law from receiving or
10		retaining a Firearm Owner's Identification Card, or purchasing
11		a weapon.
12		(d) If a person is determined to pose a clear and present
13		danger to himself, herself, or to others by a physician,
14		clinical psychologist, qualified examiner, law enforcement
15		official, or school administrator, or is determined to be
16		developmentally disabled by a physician, clinical
17		psychologist, or qualified examiner, whether employed by the
18		State or by a private mental health facility, then the
19		physician, clinical psychologist, or qualified examiner shall,
20		within 24 hours of making the determination, notify the
21		Department of Human Services that the person poses a clear and
22		present danger. The Department of Human Services shall
23		immediately update its records and information relating to
24		mental health and developmental disabilities, and if
25		appropriate, shall notify the Department of State Police in a
26		form and manner prescribed by the Department of State Police.

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1		The Department of State Police shall determine whether to
2		revoke the person's Firearm Owner's Identification Card under
3		Section 8 of this Act. Any information disclosed under this
4		subsection shall remain privileged and confidential, and shall
5		not be redisclosed, except as required under subsection (e) of
6		Section 3.1 of this Act, nor used for any other purpose. The
7		method of providing this information shall guarantee that the
8		information is not released beyond what is necessary for the
9		purpose of this Section and shall be provided by rule by the
10		Department of Human Services. The identity of the person
11		reporting under this Section shall not be disclosed to the
12		subject of the report. The physician, clinical psychologist,
13		qualified examiner, law enforcement official, or school
14		administrator making the determination and his or her employer
15		shall not be held criminally, civilly, or professionally liable
16		for making or not making the notification required under this
17		subsection, except for willful or wanton misconduct.
18		(e) The Department of State Police shall adopt rules to
19		implement this Section.
20		(Source: P.A. 97-1131, eff. 1-1-13.)
21		(430 ILCS 65/9) (from Ch. 38, par. 83-9)
22		Sec. 9. Every person whose application for a Firearm
23		Owner's Identification Card is denied, and every holder of such
24		a Card whose Card is revoked or seized, shall receive a written
25		notice from the Department of State Police stating specifically

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1		the grounds upon which his application has been denied or upon
2		which his Identification Card has been revoked. The written
3		notice shall include the requirements of Section 9.5 of this
4		Act and the persons's right to administrative or judicial
5		review under Section 10 and 11 of this Act. A copy of the
6		written notice shall be provided to the sheriff and law
7		enforcement agency where the person resides.
8		(Source: P.A. 97-1131, eff. 1-1-13.)
9		(430 ILCS 65/9.5 new)
10		Sec. 9.5. Revocation of Firearm Owner's Identification
11		Card.
12		(a) A person who receives a revocation notice under Section
13		9 of this Act shall, within 48 hours of receiving notice of the
14		revocation:
15		(1) surrender his or her Firearm Owner's
16		Identification Card to the local law enforcement agency
17		where the person resides. The local law enforcement agency
18		shall provide the person a receipt and transmit the Firearm
19		Owner's Identification Card to the Department of State
20		Police; and
21		(2) complete a Firearm Disposition Record on a form
22		prescribed by the Department of State Police and place his
23		or her firearms in the location or with the person reported
24		in the Firearm Disposition Record. The form shall require
25		the person to disclose:

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1		(A) the make, model, and serial number of each
2		firearm owned by or under the custody and control of
3		the revoked person;
4		(B) the location where each firearm will be
5		maintained during the prohibited term; and
6		(C) if any firearm will be transferred to the
7		custody of another person, the name, address and
8		Firearm Owner's Identification Card number of the
9		transferee.
10		(b) The local law enforcement agency shall provide a copy
11		of the Firearm Disposition Record to the person whose Firearm
12		Owner's Identification Card has been revoked and to the
13		Department of State Police.
14		(c) If the person whose Firearm Owner's Identification Card
15		has been revoked fails to comply with the requirements of this
16		Section, the sheriff or law enforcement agency where the person
17		resides may petition the circuit court to issue a warrant to
18		search for and seize the Firearm Owner's Identification Card
19		and firearms in the possession or under the custody or control
20		of the person whose Firearm Owner's Identification Card has
21		been revoked.
22		(d) A violation of subsection (a) of this Section is a
23		Class A misdemeanor.
24		(e) The observation of a Firearm Owner's Identification
25		Card in the possession of a person whose Firearm Owner's
26		Identification Card has been revoked constitutes a sufficient

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1		basis for the arrest of that person for violation of this
2		Section.
3		(f) Within 30 days after the effective date of this
4		amendatory Act of the 98th General Assembly, the Department of
5		State Police shall provide written notice of the requirements
6		of this Section to persons whose Firearm Owner's Identification
7		Cards have been revoked, suspended, or expired and who have
8		failed to surrender their cards to the Department.
9		(g) A person whose Firearm Owner's Identification Card has
10		been revoked and who received notice under subsection (f) shall
11		comply with the requirements of this Section within 48 hours of
12		receiving notice.
13		(430 ILCS 65/10) (from Ch. 38, par. 83-10)
14		(Text of Section before amendment by P.A. 97-1167)
15		Sec. 10. Appeal to director; hearing; relief from firearm
16		prohibitions.
17		(a) Whenever an application for a Firearm Owner's
18		Identification Card is denied, whenever the Department fails to
19		act on an application within 30 days of its receipt, or
20		whenever such a Card is revoked or seized as provided for in
21		Section 8 of this Act, the aggrieved party may appeal to the
22		Director of State Police for a hearing upon such denial,
23		revocation or seizure, unless the denial, revocation, or
24		seizure was based upon a forcible felony, stalking, aggravated
25		stalking, domestic battery, any violation of the Illinois

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

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

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

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1		circumstances that led to the hospitalization;
2		(B) all documentation regarding the admission,
3		evaluation, treatment and discharge from the treating
4		licensed clinical psychologist or psychiatrist of the
5		officer;
6		(C) a psychological fitness for duty evaluation of
7		the person completed after the time of discharge; and
8		(D) written confirmation in the form prescribed by
9		the Director from the treating licensed clinical
10		psychologist or psychiatrist that the provisions set
11		forth in paragraph (1) of this subsection (c-5) have
12		been met, the person successfully completed treatment,
13		and their professional opinion regarding the person's
14		ability to possess firearms.
15		(3) Officers eligible for the expedited relief in
16		paragraph (2) of this subsection (c-5) have the burden of
17		proof on eligibility and must provide all information
18		required. The Director may not consider granting expedited
19		relief until the proof and information is received.
20		(4) "Clinical psychologist", "psychiatrist", and
21		"qualified examiner" shall have the same meaning as
22		provided in Chapter 1 of the Mental Health and
23		Developmental Disabilities Code.
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 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 Department of State Police
10		that the disability has been removed and that the applicant is
11		eligible to obtain a Firearm Owner's Identification Card.
12		(f) Any person who is subject to the disabilities of 18
13		U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
14		of 1968 because of an adjudication or commitment that occurred
15		under the laws of this State or who was determined to be
16		subject to the provisions of subsections (e), (f), or (g) of
17		Section 8 of this Act may apply to the Department of State
18		Police requesting relief from that prohibition. The Director
19		shall grant the relief if it is established by a preponderance
20		of the evidence that the person will not be likely to act in a
21		manner dangerous to public safety and that granting relief
22		would not be contrary to the public interest. In making this
23		determination, the Director shall receive evidence concerning
24		(i) the circumstances regarding the firearms disabilities from
25		which relief is sought; (ii) the petitioner's mental health and
26		criminal history records, if any; (iii) the petitioner's

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1		reputation, developed at a minimum through character witness
2		statements, testimony, or other character evidence; and (iv)
3		changes in the petitioner's condition or circumstances since
4		the disqualifying events relevant to the relief sought. If
5		relief is granted under this subsection or by order of a court
6		under this Section, the Director shall as soon as practicable
7		but in no case later than 15 business days, update, correct,
8		modify, or remove the person's record in any database that the
9		Department of State Police makes available to the National
10		Instant Criminal Background Check System and notify the United
11		States Attorney General that the basis for the record being
12		made available no longer applies. The Department of State
13		Police shall adopt rules for the administration of this Section
14		subsection (f).
15		(Source: P.A. 96-1368, eff. 7-28-10; 97-1131, eff. 1-1-13;
16		97-1150, eff. 1-25-13.)
17		(Text of Section after amendment by P.A. 97-1167)
18		Sec. 10. Appeal to director; hearing; relief from firearm
19		prohibitions.
20		(a) Whenever an application for a Firearm Owner's
21		Identification Card is denied, whenever the Department fails to
22		act on an application within 30 days of its receipt, or
23		whenever such a Card is revoked or seized as provided for in
24		Section 8 of this Act, the aggrieved party may appeal to the
25		Director of State Police for a hearing upon such denial,

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

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

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1		(c-5) (1) An active law enforcement officer employed by
2		a unit of government, who is denied, revoked, or has his or
3		her Firearm Owner's Identification Card seized under
4		subsection (e) of Section 8 of this Act may apply to the
5		Director of State Police requesting relief if the officer
6		did not act in a manner threatening to the officer, another
7		person, or the public as determined by the treating
8		clinical psychologist or physician, and as a result of his
9		or her work is referred by the employer for or voluntarily
10		seeks mental health evaluation or treatment by a licensed
11		clinical psychologist, psychiatrist, or qualified
12		examiner, and:
13		(A) the officer has not received treatment
14		involuntarily at a mental health facility institution,
15		regardless of the length of admission; or has not been
16		voluntarily admitted to a mental health facility
17		institution for more than 30 days and not for more than
18		one incident within the past 5 years; and
19		(B) the officer has not left the mental institution
20		against medical advice.
21		(2) The Director of State Police shall grant expedited
22		relief to active law enforcement officers described in
23		paragraph (1) of this subsection (c-5) upon a determination
24		by the Director that the officer's possession of a firearm
25		does not present a threat to themselves, others, or public
26		safety. The Director shall act on the request for relief

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1		within 30 business days of receipt of:
2		(A) a notarized statement from the officer in the
3		form prescribed by the Director detailing the
4		circumstances that led to the hospitalization;
5		(B) all documentation regarding the admission,
6		evaluation, treatment and discharge from the treating
7		licensed clinical psychologist or psychiatrist of the
8		officer;
9		(C) a psychological fitness for duty evaluation of
10		the person completed after the time of discharge; and
11		(D) written confirmation in the form prescribed by
12		the Director from the treating licensed clinical
13		psychologist or psychiatrist that the provisions set
14		forth in paragraph (1) of this subsection (c-5) have
15		been met, the person successfully completed treatment,
16		and their professional opinion regarding the person's
17		ability to possess firearms.
18		(3) Officers eligible for the expedited relief in
19		paragraph (2) of this subsection (c-5) have the burden of
20		proof on eligibility and must provide all information
21		required. The Director may not consider granting expedited
22		relief until the proof and information is received.
23		(4) "Clinical psychologist", "psychiatrist", and
24		"qualified examiner" shall have the same meaning as
25		provided in Chapter 1 of the Mental Health and
26		Developmental Disabilities Code.

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

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1		(i) the circumstances regarding the firearms disabilities from
2		which relief is sought; (ii) the petitioner's mental health and
3		criminal history records, if any; (iii) the petitioner's
4		reputation, developed at a minimum through character witness
5		statements, testimony, or other character evidence; and (iv)
6		changes in the petitioner's condition or circumstances since
7		the disqualifying events relevant to the relief sought. If
8		relief is granted under this subsection or by order of a court
9		under this Section, the Director shall as soon as practicable
10		but in no case later than 15 business days, update, correct,
11		modify, or remove the person's record in any database that the
12		Department of State Police makes available to the National
13		Instant Criminal Background Check System and notify the United
14		States Attorney General that the basis for the record being
15		made available no longer applies. The Department of State
16		Police shall adopt rules for the administration of this Section
17		subsection (f).
18		(Source: P.A. 96-1368, eff. 7-28-10; 97-1131, eff. 1-1-13;
19		97-1150, eff. 1-25-13; 97-1167, eff. 6-1-13.)
20		(430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)
21		Sec. 13.1. Preemption.
22		(a) Except as otherwise provided in the Firearm Concealed
23		Carry Act and subsections (b) and (c) of this Section, the The
24		provisions of any ordinance enacted by any municipality which
25		requires registration or imposes greater restrictions or

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1		limitations on the acquisition, possession and transfer of
2		firearms than are imposed by this Act, are not invalidated or
3		affected by this Act.
4		(b) Notwithstanding subsection (a) of this Section, the
5		regulation, licensing, possession, and registration of
6		handguns and ammunition for a handgun, and the transportation
7		of any firearm and ammunition by a holder of a valid Firearm
8		Owner's Identification Card issued by the Department of State
9		Police under this Act are exclusive powers and functions of
10		this State. Any ordinance or regulation, or portion of that
11		ordinance or regulation, enacted on or before the effective
12		date of this amendatory Act of the 98th General Assembly that
13		purports to impose regulations or restrictions on a holder of a
14		valid Firearm Owner's Identification Card issued by the
15		Department of State Police under this Act in a manner that is
16		inconsistent with this Act, on the effective date of this
17		amendatory Act of the 98th General Assembly, shall be invalid
18		in its application to a holder of a valid Firearm Owner's
19		Identification Card issued by the Department of State Police
20		under this Act.
21		(c) Notwithstanding subsection (a) of this Section, the
22		regulation of the possession or ownership of assault weapons
23		are exclusive powers and functions of this State. Any ordinance
24		or regulation, or portion of that ordinance or regulation, that
25		purports to regulate the possession or ownership of assault
26		weapons in a manner that is inconsistent with this Act, shall

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1		be invalid unless the ordinance or regulation is enacted on,
2		before, or within 10 days after the effective date of this
3		amendatory Act of the 98th General Assembly. Any ordinance or
4		regulation described in this subsection (c) enacted more than
5		10 days after the effective date of this amendatory Act of the
6		98th General Assembly is invalid. An ordinance enacted on,
7		before, or within 10 days after the effective date of this
8		amendatory Act of the 98th General Assembly may be amended. The
9		enactment or amendment of ordinances under this subsection (c)
10		are subject to the submission requirements of Section 13.3. For
11		the purposes of this subsection, "assault weapons" means
12		firearms designated by either make or model or by a test or
13		list of cosmetic features that cumulatively would place the
14		firearm into a definition of "assault weapon" under the
15		ordinance.
16		(d) For the purposes of this Section, "handgun" has the
17		meaning ascribed to it in Section 5 of the Firearm Concealed
18		Carry Act.
19		(e) This Section is a denial and limitation of home rule
20		powers and functions under subsection (h) of Section 6 of
21		Article VII of the Illinois Constitution.
22		(Source: P.A. 76-1939.)
23		(430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)
24		Sec. 13.2. The Department of State Police shall, 60 days
25		prior to the expiration of a Firearm Owner's Identification

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1		Card, forward by first class mail to each person whose card is
2		to expire a notification of the expiration of the card and an
3		application which may be used to apply for renewal of the card.
4		It is the obligation of the holder of a Firearm Owner's
5		Identification Card to notify the Department of State Police of
6		any address change since the issuance of the Firearm Owner's
7		Identification Card. Whenever any person moves from the
8		residence address named on his or her card, the person shall
9		within 21 calendar days thereafter notify in a form and manner
10		prescribed by the Department of his or her old and new
11		residence addresses and the card number held by him or her. Any
12		person whose legal name has changed from the name on the card
13		that he or she has been previously issued must apply for a
14		corrected card within 30 calendar days after the change. The
15		cost for a corrected card shall be $5 which shall be deposited
16		into the State Police Firearm Services Fund Firearm Owner's
17		Notification Fund.
18		(Source: P.A. 97-1131, eff. 1-1-13.)
19		Section 155. The Criminal Code of 2012 is amended by
20		changing Sections 24-1.6 and 24-2 as follows:
21		(720 ILCS 5/24-1.6)
22		Sec. 24-1.6. Aggravated unlawful use of a weapon.
23		(a) A person commits the offense of aggravated unlawful use
24		of a weapon when he or she knowingly:

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1		(1) Carries on or about his or her person or in any
2		vehicle or concealed on or about his or her person except
3		when on his or her land or in his or her abode, legal
4		dwelling, or fixed place of business, or on the land or in
5		the legal dwelling of another person as an invitee with
6		that person's permission, any pistol, revolver, stun gun or
7		taser or other firearm; or
8		(2) Carries or possesses on or about his or her person,
9		upon any public street, alley, or other public lands within
10		the corporate limits of a city, village or incorporated
11		town, except when an invitee thereon or therein, for the
12		purpose of the display of such weapon or the lawful
13		commerce in weapons, or except when on his or her own land
14		or in his or her own abode, legal dwelling, or fixed place
15		of business, or on the land or in the legal dwelling of
16		another person as an invitee with that person's permission,
17		any pistol, revolver, stun gun or taser or other firearm;
18		and
19		(3) One of the following factors is present:
20		(A) the firearm, other than a pistol, revolver, or
21		handgun, possessed was uncased, loaded, and
22		immediately accessible at the time of the offense; or
23		(A-5) the pistol, revolver, or handgun possessed
24		was uncased, loaded, and immediately accessible at the
25		time of the offense and the person possessing the
26		pistol, revolver, or handgun has not been issued a

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1		currently valid license under the Firearm Concealed
2		Carry Act; or
3		(B) the firearm, other than a pistol, revolver, or
4		handgun, possessed was uncased, unloaded, and the
5		ammunition for the weapon was immediately accessible
6		at the time of the offense; or
7		(B-5) the pistol, revolver, or handgun possessed
8		was uncased, unloaded, and the ammunition for the
9		weapon was immediately accessible at the time of the
10		offense and the person possessing the pistol,
11		revolver, or handgun has not been issued a currently
12		valid license under the Firearm Concealed Carry Act; or
13		(C) the person possessing the firearm has not been
14		issued a currently valid Firearm Owner's
15		Identification Card; or
16		(D) the person possessing the weapon was
17		previously adjudicated a delinquent minor under the
18		Juvenile Court Act of 1987 for an act that if committed
19		by an adult would be a felony; or
20		(E) the person possessing the weapon was engaged in
21		a misdemeanor violation of the Cannabis Control Act, in
22		a misdemeanor violation of the Illinois Controlled
23		Substances Act, or in a misdemeanor violation of the
24		Methamphetamine Control and Community Protection Act;
25		or
26		(F) (blank); or

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1		(G) the person possessing the weapon had a order of
2		protection issued against him or her within the
3		previous 2 years; or
4		(H) the person possessing the weapon was engaged in
5		the commission or attempted commission of a
6		misdemeanor involving the use or threat of violence
7		against the person or property of another; or
8		(I) the person possessing the weapon was under 21
9		years of age and in possession of a handgun as defined
10		in Section 24-3, unless the person under 21 is engaged
11		in lawful activities under the Wildlife Code or
12		described in subsection 24-2(b)(1), (b)(3), or
13		24-2(f).
14		(a-5) "Handgun" as used in this Section has the meaning
15		given to it in Section 5 of the Firearm Concealed Carry Act.
16		(b) "Stun gun or taser" as used in this Section has the
17		same definition given to it in Section 24-1 of this Code.
18		(c) This Section does not apply to or affect the
19		transportation or possession of weapons that:
20		(i) are broken down in a non-functioning state; or
21		(ii) are not immediately accessible; or
22		(iii) are unloaded and enclosed in a case, firearm
23		carrying box, shipping box, or other container by a
24		person who has been issued a currently valid Firearm
25		Owner's Identification Card.
26		(d) Sentence.

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1		(1) Aggravated unlawful use of a weapon is a Class 4
2		felony; a second or subsequent offense is a Class 2 felony
3		for which the person shall be sentenced to a term of
4		imprisonment of not less than 3 years and not more than 7
5		years.
6		(2) Except as otherwise provided in paragraphs (3) and
7		(4) of this subsection (d), a first offense of aggravated
8		unlawful use of a weapon committed with a firearm by a
9		person 18 years of age or older where the factors listed in
10		both items (A) and (C) or both items (A-5) and (C) of
11		paragraph (3) of subsection (a) are present is a Class 4
12		felony, for which the person shall be sentenced to a term
13		of imprisonment of not less than one year and not more than
14		3 years.
15		(3) Aggravated unlawful use of a weapon by a person who
16		has been previously convicted of a felony in this State or
17		another jurisdiction is a Class 2 felony for which the
18		person shall be sentenced to a term of imprisonment of not
19		less than 3 years and not more than 7 years.
20		(4) Aggravated unlawful use of a weapon while wearing
21		or in possession of body armor as defined in Section 33F-1
22		by a person who has not been issued a valid Firearms
23		Owner's Identification Card in accordance with Section 5 of
24		the Firearm Owners Identification Card Act is a Class X
25		felony.
26		(e) The possession of each firearm in violation of this

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1		Section constitutes a single and separate violation.
2		(Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09;
3		96-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)
4		(720 ILCS 5/24-2)
5		Sec. 24-2. Exemptions.
6		(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
7		24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
8		the following:
9		(1) Peace officers, and any person summoned by a peace
10		officer to assist in making arrests or preserving the
11		peace, while actually engaged in assisting such officer.
12		(2) Wardens, superintendents and keepers of prisons,
13		penitentiaries, jails and other institutions for the
14		detention of persons accused or convicted of an offense,
15		while in the performance of their official duty, or while
16		commuting between their homes and places of employment.
17		(3) Members of the Armed Services or Reserve Forces of
18		the United States or the Illinois National Guard or the
19		Reserve Officers Training Corps, while in the performance
20		of their official duty.
21		(4) Special agents employed by a railroad or a public
22		utility to perform police functions, and guards of armored
23		car companies, while actually engaged in the performance of
24		the duties of their employment or commuting between their
25		homes and places of employment; and watchmen while actually

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1		engaged in the performance of the duties of their
2		employment.
3		(5) Persons licensed as private security contractors,
4		private detectives, or private alarm contractors, or
5		employed by an agency certified by the Department of
6		Financial and Professional Regulation, if their duties
7		include the carrying of a weapon under the provisions of
8		the Private Detective, Private Alarm, Private Security,
9		Fingerprint Vendor, and Locksmith Act of 2004, while
10		actually engaged in the performance of the duties of their
11		employment or commuting between their homes and places of
12		employment, provided that such commuting is accomplished
13		within one hour from departure from home or place of
14		employment, as the case may be. A person shall be
15		considered eligible for this exemption if he or she has
16		completed the required 20 hours of training for a private
17		security contractor, private detective, or private alarm
18		contractor, or employee of a licensed agency and 20 hours
19		of required firearm training, and has been issued a firearm
20		control card by the Department of Financial and
21		Professional Regulation. Conditions for the renewal of
22		firearm control cards issued under the provisions of this
23		Section shall be the same as for those cards issued under
24		the provisions of the Private Detective, Private Alarm,
25		Private Security, Fingerprint Vendor, and Locksmith Act of
26		2004. The firearm control card shall be carried by the

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1		private security contractor, private detective, or private
2		alarm contractor, or employee of the licensed agency at all
3		times when he or she is in possession of a concealable
4		weapon.
5		(6) Any person regularly employed in a commercial or
6		industrial operation as a security guard for the protection
7		of persons employed and private property related to such
8		commercial or industrial operation, while actually engaged
9		in the performance of his or her duty or traveling between
10		sites or properties belonging to the employer, and who, as
11		a security guard, is a member of a security force of at
12		least 5 persons registered with the Department of Financial
13		and Professional Regulation; provided that such security
14		guard has successfully completed a course of study,
15		approved by and supervised by the Department of Financial
16		and Professional Regulation, consisting of not less than 40
17		hours of training that includes the theory of law
18		enforcement, liability for acts, and the handling of
19		weapons. A person shall be considered eligible for this
20		exemption if he or she has completed the required 20 hours
21		of training for a security officer and 20 hours of required
22		firearm training, and has been issued a firearm control
23		card by the Department of Financial and Professional
24		Regulation. Conditions for the renewal of firearm control
25		cards issued under the provisions of this Section shall be
26		the same as for those cards issued under the provisions of

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1		the Private Detective, Private Alarm, Private Security,
2		Fingerprint Vendor, and Locksmith Act of 2004. The firearm
3		control card shall be carried by the security guard at all
4		times when he or she is in possession of a concealable
5		weapon.
6		(7) Agents and investigators of the Illinois
7		Legislative Investigating Commission authorized by the
8		Commission to carry the weapons specified in subsections
9		24-1(a)(3) and 24-1(a)(4), while on duty in the course of
10		any investigation for the Commission.
11		(8) Persons employed by a financial institution for the
12		protection of other employees and property related to such
13		financial institution, while actually engaged in the
14		performance of their duties, commuting between their homes
15		and places of employment, or traveling between sites or
16		properties owned or operated by such financial
17		institution, provided that any person so employed has
18		successfully completed a course of study, approved by and
19		supervised by the Department of Financial and Professional
20		Regulation, consisting of not less than 40 hours of
21		training which includes theory of law enforcement,
22		liability for acts, and the handling of weapons. A person
23		shall be considered to be eligible for this exemption if he
24		or she has completed the required 20 hours of training for
25		a security officer and 20 hours of required firearm
26		training, and has been issued a firearm control card by the

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1		Department of Financial and Professional Regulation.
2		Conditions for renewal of firearm control cards issued
3		under the provisions of this Section shall be the same as
4		for those issued under the provisions of the Private
5		Detective, Private Alarm, Private Security, Fingerprint
6		Vendor, and Locksmith Act of 2004. Such firearm control
7		card shall be carried by the person so trained at all times
8		when such person is in possession of a concealable weapon.
9		For purposes of this subsection, "financial institution"
10		means a bank, savings and loan association, credit union or
11		company providing armored car services.
12		(9) Any person employed by an armored car company to
13		drive an armored car, while actually engaged in the
14		performance of his duties.
15		(10) Persons who have been classified as peace officers
16		pursuant to the Peace Officer Fire Investigation Act.
17		(11) Investigators of the Office of the State's
18		Attorneys Appellate Prosecutor authorized by the board of
19		governors of the Office of the State's Attorneys Appellate
20		Prosecutor to carry weapons pursuant to Section 7.06 of the
21		State's Attorneys Appellate Prosecutor's Act.
22		(12) Special investigators appointed by a State's
23		Attorney under Section 3-9005 of the Counties Code.
24		(12.5) Probation officers while in the performance of
25		their duties, or while commuting between their homes,
26		places of employment or specific locations that are part of

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1		their assigned duties, with the consent of the chief judge
2		of the circuit for which they are employed.
3		(13) Court Security Officers while in the performance
4		of their official duties, or while commuting between their
5		homes and places of employment, with the consent of the
6		Sheriff.
7		(13.5) A person employed as an armed security guard at
8		a nuclear energy, storage, weapons or development site or
9		facility regulated by the Nuclear Regulatory Commission
10		who has completed the background screening and training
11		mandated by the rules and regulations of the Nuclear
12		Regulatory Commission.
13		(14) Manufacture, transportation, or sale of weapons
14		to persons authorized under subdivisions (1) through
15		(13.5) of this subsection to possess those weapons.
16		(a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
17		to or affect any person carrying a concealed pistol, revolver,
18		or handgun and the person has been issued a currently valid
19		license under the Firearm Concealed Carry Act at the time of
20		the commission of the offense.
21		(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
22		24-1.6 do not apply to or affect any of the following:
23		(1) Members of any club or organization organized for
24		the purpose of practicing shooting at targets upon
25		established target ranges, whether public or private, and
26		patrons of such ranges, while such members or patrons are

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1		using their firearms on those target ranges.
2		(2) Duly authorized military or civil organizations
3		while parading, with the special permission of the
4		Governor.
5		(3) Hunters, trappers or fishermen with a license or
6		permit while engaged in hunting, trapping or fishing.
7		(4) Transportation of weapons that are broken down in a
8		non-functioning state or are not immediately accessible.
9		(5) Carrying or possessing any pistol, revolver, stun
10		gun or taser or other firearm on the land or in the legal
11		dwelling of another person as an invitee with that person's
12		permission.
13		(c) Subsection 24-1(a)(7) does not apply to or affect any
14		of the following:
15		(1) Peace officers while in performance of their
16		official duties.
17		(2) Wardens, superintendents and keepers of prisons,
18		penitentiaries, jails and other institutions for the
19		detention of persons accused or convicted of an offense.
20		(3) Members of the Armed Services or Reserve Forces of
21		the United States or the Illinois National Guard, while in
22		the performance of their official duty.
23		(4) Manufacture, transportation, or sale of machine
24		guns to persons authorized under subdivisions (1) through
25		(3) of this subsection to possess machine guns, if the
26		machine guns are broken down in a non-functioning state or

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1		are not immediately accessible.
2		(5) Persons licensed under federal law to manufacture
3		any weapon from which 8 or more shots or bullets can be
4		discharged by a single function of the firing device, or
5		ammunition for such weapons, and actually engaged in the
6		business of manufacturing such weapons or ammunition, but
7		only with respect to activities which are within the lawful
8		scope of such business, such as the manufacture,
9		transportation, or testing of such weapons or ammunition.
10		This exemption does not authorize the general private
11		possession of any weapon from which 8 or more shots or
12		bullets can be discharged by a single function of the
13		firing device, but only such possession and activities as
14		are within the lawful scope of a licensed manufacturing
15		business described in this paragraph.
16		During transportation, such weapons shall be broken
17		down in a non-functioning state or not immediately
18		accessible.
19		(6) The manufacture, transport, testing, delivery,
20		transfer or sale, and all lawful commercial or experimental
21		activities necessary thereto, of rifles, shotguns, and
22		weapons made from rifles or shotguns, or ammunition for
23		such rifles, shotguns or weapons, where engaged in by a
24		person operating as a contractor or subcontractor pursuant
25		to a contract or subcontract for the development and supply
26		of such rifles, shotguns, weapons or ammunition to the

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1		United States government or any branch of the Armed Forces
2		of the United States, when such activities are necessary
3		and incident to fulfilling the terms of such contract.
4		The exemption granted under this subdivision (c)(6)
5		shall also apply to any authorized agent of any such
6		contractor or subcontractor who is operating within the
7		scope of his employment, where such activities involving
8		such weapon, weapons or ammunition are necessary and
9		incident to fulfilling the terms of such contract.
10		During transportation, any such weapon shall be broken
11		down in a non-functioning state, or not immediately
12		accessible.
13		(7) A person possessing a rifle with a barrel or
14		barrels less than 16 inches in length if: (A) the person
15		has been issued a Curios and Relics license from the U.S.
16		Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
17		the person is an active member of a bona fide, nationally
18		recognized military re-enacting group and the modification
19		is required and necessary to accurately portray the weapon
20		for historical re-enactment purposes; the re-enactor is in
21		possession of a valid and current re-enacting group
22		membership credential; and the overall length of the weapon
23		as modified is not less than 26 inches.
24		During transportation, any such weapon shall be broken
25		down in a non-functioning state, or not immediately
26		accessible.

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1		(d) Subsection 24-1(a)(1) does not apply to the purchase,
2		possession or carrying of a black-jack or slung-shot by a peace
3		officer.
4		(e) Subsection 24-1(a)(8) does not apply to any owner,
5		manager or authorized employee of any place specified in that
6		subsection nor to any law enforcement officer.
7		(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
8		Section 24-1.6 do not apply to members of any club or
9		organization organized for the purpose of practicing shooting
10		at targets upon established target ranges, whether public or
11		private, while using their firearms on those target ranges.
12		(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
13		to:
14		(1) Members of the Armed Services or Reserve Forces of
15		the United States or the Illinois National Guard, while in
16		the performance of their official duty.
17		(2) Bonafide collectors of antique or surplus military
18		ordinance.
19		(3) Laboratories having a department of forensic
20		ballistics, or specializing in the development of
21		ammunition or explosive ordinance.
22		(4) Commerce, preparation, assembly or possession of
23		explosive bullets by manufacturers of ammunition licensed
24		by the federal government, in connection with the supply of
25		those organizations and persons exempted by subdivision
26		(g)(1) of this Section, or like organizations and persons

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1		outside this State, or the transportation of explosive
2		bullets to any organization or person exempted in this
3		Section by a common carrier or by a vehicle owned or leased
4		by an exempted manufacturer.
5		(g-5) Subsection 24-1(a)(6) does not apply to or affect
6		persons licensed under federal law to manufacture any device or
7		attachment of any kind designed, used, or intended for use in
8		silencing the report of any firearm, firearms, or ammunition
9		for those firearms equipped with those devices, and actually
10		engaged in the business of manufacturing those devices,
11		firearms, or ammunition, but only with respect to activities
12		that are within the lawful scope of that business, such as the
13		manufacture, transportation, or testing of those devices,
14		firearms, or ammunition. This exemption does not authorize the
15		general private possession of any device or attachment of any
16		kind designed, used, or intended for use in silencing the
17		report of any firearm, but only such possession and activities
18		as are within the lawful scope of a licensed manufacturing
19		business described in this subsection (g-5). During
20		transportation, these devices shall be detached from any weapon
21		or not immediately accessible.
22		(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
23		24-1.6 do not apply to or affect any parole agent or parole
24		supervisor who meets the qualifications and conditions
25		prescribed in Section 3-14-1.5 of the Unified Code of
26		Corrections.

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1		(g-7) Subsection 24-1(a)(6) does not apply to a peace
2		officer while serving as a member of a tactical response team
3		or special operations team. A peace officer may not personally
4		own or apply for ownership of a device or attachment of any
5		kind designed, used, or intended for use in silencing the
6		report of any firearm. These devices shall be owned and
7		maintained by lawfully recognized units of government whose
8		duties include the investigation of criminal acts.
9		(g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
10		24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
11		athlete's possession, transport on official Olympic and
12		Paralympic transit systems established for athletes, or use of
13		competition firearms sanctioned by the International Olympic
14		Committee, the International Paralympic Committee, the
15		International Shooting Sport Federation, or USA Shooting in
16		connection with such athlete's training for and participation
17		in shooting competitions at the 2016 Olympic and Paralympic
18		Games and sanctioned test events leading up to the 2016 Olympic
19		and Paralympic Games.
20		(h) An information or indictment based upon a violation of
21		any subsection of this Article need not negative any exemptions
22		contained in this Article. The defendant shall have the burden
23		of proving such an exemption.
24		(i) Nothing in this Article shall prohibit, apply to, or
25		affect the transportation, carrying, or possession, of any
26		pistol or revolver, stun gun, taser, or other firearm consigned

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1		to a common carrier operating under license of the State of
2		Illinois or the federal government, where such transportation,
3		carrying, or possession is incident to the lawful
4		transportation in which such common carrier is engaged; and
5		nothing in this Article shall prohibit, apply to, or affect the
6		transportation, carrying, or possession of any pistol,
7		revolver, stun gun, taser, or other firearm, not the subject of
8		and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
9		this Article, which is unloaded and enclosed in a case, firearm
10		carrying box, shipping box, or other container, by the
11		possessor of a valid Firearm Owners Identification Card.
12		(Source: P.A. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742,
13		eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11;
14		97-676, eff. 6-1-12; 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13;
15		revised 8-23-12.)
16		Section 160. The Code of Criminal Procedure of 1963 is
17		amended by changing Section 112A-14 as follows:
18		(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
19		Sec. 112A-14. Order of protection; remedies.
20		(a) Issuance of order. If the court finds that petitioner
21		has been abused by a family or household member, as defined in
22		this Article, an order of protection prohibiting such abuse
23		shall issue; provided that petitioner must also satisfy the
24		requirements of one of the following Sections, as appropriate:

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1		Section 112A-17 on emergency orders, Section 112A-18 on interim
2		orders, or Section 112A-19 on plenary orders. Petitioner shall
3		not be denied an order of protection because petitioner or
4		respondent is a minor. The court, when determining whether or
5		not to issue an order of protection, shall not require physical
6		manifestations of abuse on the person of the victim.
7		Modification and extension of prior orders of protection shall
8		be in accordance with this Article.
9		(b) Remedies and standards. The remedies to be included in
10		an order of protection shall be determined in accordance with
11		this Section and one of the following Sections, as appropriate:
12		Section 112A-17 on emergency orders, Section 112A-18 on interim
13		orders, and Section 112A-19 on plenary orders. The remedies
14		listed in this subsection shall be in addition to other civil
15		or criminal remedies available to petitioner.
16		(1) Prohibition of abuse. Prohibit respondent's
17		harassment, interference with personal liberty,
18		intimidation of a dependent, physical abuse or willful
19		deprivation, as defined in this Article, if such abuse has
20		occurred or otherwise appears likely to occur if not
21		prohibited.
22		(2) Grant of exclusive possession of residence.
23		Prohibit respondent from entering or remaining in any
24		residence, household, or premises of the petitioner,
25		including one owned or leased by respondent, if petitioner
26		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 Section 701 of the
4		Illinois Marriage and Dissolution of Marriage Act.
5		(A) Right to occupancy. A party has a right to
6		occupancy of a residence or household if it is solely
7		or jointly owned or leased by that party, that party's
8		spouse, a person with a legal duty to support that
9		party or a minor child in that party's care, or by any
10		person or entity other than the opposing party that
11		authorizes that party's occupancy (e.g., a domestic
12		violence shelter). Standards set forth in subparagraph
13		(B) shall not preclude equitable relief.
14		(B) Presumption of hardships. If petitioner and
15		respondent each has the right to occupancy of a
16		residence or household, the court shall balance (i) the
17		hardships to respondent and any minor child or
18		dependent adult in respondent's care resulting from
19		entry of this remedy with (ii) the hardships to
20		petitioner and any minor child or dependent adult in
21		petitioner's care resulting from continued exposure to
22		the risk of abuse (should petitioner remain at the
23		residence or household) or from loss of possession of
24		the residence or household (should petitioner leave to
25		avoid the risk of abuse). When determining the balance
26		of hardships, the court shall also take into account

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1		the accessibility of the residence or household.
2		Hardships need not be balanced if respondent does not
3		have a right to occupancy.
4		The balance of hardships is presumed to favor
5		possession by petitioner unless the presumption is
6		rebutted by a preponderance of the evidence, showing
7		that the hardships to respondent substantially
8		outweigh the hardships to petitioner and any minor
9		child or dependent adult in petitioner's care. The
10		court, on the request of petitioner or on its own
11		motion, may order respondent to provide suitable,
12		accessible, alternate housing for petitioner instead
13		of excluding respondent from a mutual residence or
14		household.
15		(3) Stay away order and additional prohibitions. Order
16		respondent to stay away from petitioner or any other person
17		protected by the order of protection, or prohibit
18		respondent from entering or remaining present at
19		petitioner's school, place of employment, or other
20		specified places at times when petitioner is present, or
21		both, if reasonable, given the balance of hardships.
22		Hardships need not be balanced for the court to enter a
23		stay away order or prohibit entry if respondent has no
24		right to enter the premises.
25		If an order of protection grants petitioner exclusive
26		possession of the residence, or prohibits respondent from

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1		entering the residence, or orders respondent to stay away
2		from petitioner or other protected persons, then the court
3		may allow respondent access to the residence to remove
4		items of clothing and personal adornment used exclusively
5		by respondent, medications, and other items as the court
6		directs. The right to access shall be exercised on only one
7		occasion as the court directs and in the presence of an
8		agreed-upon adult third party or law enforcement officer.
9		(4) Counseling. Require or recommend the respondent to
10		undergo counseling for a specified duration with a social
11		worker, psychologist, clinical psychologist, psychiatrist,
12		family service agency, alcohol or substance abuse program,
13		mental health center guidance counselor, agency providing
14		services to elders, program designed for domestic violence
15		abusers or any other guidance service the court deems
16		appropriate. The court may order the respondent in any
17		intimate partner relationship to report to an Illinois
18		Department of Human Services protocol approved partner
19		abuse intervention program for an assessment and to follow
20		all recommended treatment.
21		(5) Physical care and possession of the minor child. In
22		order to protect the minor child from abuse, neglect, or
23		unwarranted separation from the person who has been the
24		minor child's primary caretaker, or to otherwise protect
25		the well-being of the minor child, the court may do either
26		or both of the following: (i) grant petitioner physical

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1		care or possession of the minor child, or both, or (ii)
2		order respondent to return a minor child to, or not remove
3		a minor child from, the physical care of a parent or person
4		in loco parentis.
5		If a court finds, after a hearing, that respondent has
6		committed abuse (as defined in Section 112A-3) of a minor
7		child, there shall be a rebuttable presumption that
8		awarding physical care to respondent would not be in the
9		minor child's best interest.
10		(6) Temporary legal custody. Award temporary legal
11		custody to petitioner in accordance with this Section, the
12		Illinois Marriage and Dissolution of Marriage Act, the
13		Illinois Parentage Act of 1984, and this State's Uniform
14		Child-Custody Jurisdiction and Enforcement Act.
15		If a court finds, after a hearing, that respondent has
16		committed abuse (as defined in Section 112A-3) of a minor
17		child, there shall be a rebuttable presumption that
18		awarding temporary legal custody to respondent would not be
19		in the child's best interest.
20		(7) Visitation. Determine the visitation rights, if
21		any, of respondent in any case in which the court awards
22		physical care or temporary legal custody of a minor child
23		to petitioner. The court shall restrict or deny
24		respondent's visitation with a minor child if the court
25		finds that respondent has done or is likely to do any of
26		the following: (i) abuse or endanger the minor child during

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1		visitation; (ii) use the visitation as an opportunity to
2		abuse or harass petitioner or petitioner's family or
3		household members; (iii) improperly conceal or detain the
4		minor child; or (iv) otherwise act in a manner that is not
5		in the best interests of the minor child. The court shall
6		not be limited by the standards set forth in Section 607.1
7		of the Illinois Marriage and Dissolution of Marriage Act.
8		If the court grants visitation, the order shall specify
9		dates and times for the visitation to take place or other
10		specific parameters or conditions that are appropriate. No
11		order for visitation shall refer merely to the term
12		"reasonable visitation".
13		Petitioner may deny respondent access to the minor
14		child if, when respondent arrives for visitation,
15		respondent is under the influence of drugs or alcohol and
16		constitutes a threat to the safety and well-being of
17		petitioner or petitioner's minor children or is behaving in
18		a violent or abusive manner.
19		If necessary to protect any member of petitioner's
20		family or household from future abuse, respondent shall be
21		prohibited from coming to petitioner's residence to meet
22		the minor child for visitation, and the parties shall
23		submit to the court their recommendations for reasonable
24		alternative arrangements for visitation. A person may be
25		approved to supervise visitation only after filing an
26		affidavit accepting that responsibility and acknowledging

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1		accountability to the court.
2		(8) Removal or concealment of minor child. Prohibit
3		respondent from removing a minor child from the State or
4		concealing the child within the State.
5		(9) Order to appear. Order the respondent to appear in
6		court, alone or with a minor child, to prevent abuse,
7		neglect, removal or concealment of the child, to return the
8		child to the custody or care of the petitioner or to permit
9		any court-ordered interview or examination of the child or
10		the respondent.
11		(10) Possession of personal property. Grant petitioner
12		exclusive possession of personal property and, if
13		respondent has possession or control, direct respondent to
14		promptly make it available to petitioner, if:
15		(i) petitioner, but not respondent, owns the
16		property; or
17		(ii) the parties own the property jointly; sharing
18		it would risk abuse of petitioner by respondent or is
19		impracticable; and the balance of hardships favors
20		temporary possession by petitioner.
21		If petitioner's sole claim to ownership of the property
22		is that it is marital property, the court may award
23		petitioner temporary possession thereof under the
24		standards of subparagraph (ii) of this paragraph only if a
25		proper proceeding has been filed under the Illinois
26		Marriage and Dissolution of Marriage Act, as now or

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1		hereafter amended.
2		No order under this provision shall affect title to
3		property.
4		(11) Protection of property. Forbid the respondent
5		from taking, transferring, encumbering, concealing,
6		damaging or otherwise disposing of any real or personal
7		property, except as explicitly authorized by the court, if:
8		(i) petitioner, but not respondent, owns the
9		property; or
10		(ii) the parties own the property jointly, and the
11		balance of hardships favors granting this remedy.
12		If petitioner's sole claim to ownership of the property
13		is that it is marital property, the court may grant
14		petitioner relief under subparagraph (ii) of this
15		paragraph only if a proper proceeding has been filed under
16		the Illinois Marriage and Dissolution of Marriage Act, as
17		now or hereafter amended.
18		The court may further prohibit respondent from
19		improperly using the financial or other resources of an
20		aged member of the family or household for the profit or
21		advantage of respondent or of any other person.
22		(11.5) Protection of animals. Grant the petitioner the
23		exclusive care, custody, or control of any animal owned,
24		possessed, leased, kept, or held by either the petitioner
25		or the respondent or a minor child residing in the
26		residence or household of either the petitioner or the

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1		respondent and order the respondent to stay away from the
2		animal and forbid the respondent from taking,
3		transferring, encumbering, concealing, harming, or
4		otherwise disposing of the animal.
5		(12) Order for payment of support. Order respondent to
6		pay temporary support for the petitioner or any child in
7		the petitioner's care or custody, when the respondent has a
8		legal obligation to support that person, in accordance with
9		the Illinois Marriage and Dissolution of Marriage Act,
10		which shall govern, among other matters, the amount of
11		support, payment through the clerk and withholding of
12		income to secure payment. An order for child support may be
13		granted to a petitioner with lawful physical care or
14		custody of a child, or an order or agreement for physical
15		care or custody, prior to entry of an order for legal
16		custody. Such a support order shall expire upon entry of a
17		valid order granting legal custody to another, unless
18		otherwise provided in the custody order.
19		(13) Order for payment of losses. Order respondent to
20		pay petitioner for losses suffered as a direct result of
21		the abuse. Such losses shall include, but not be limited
22		to, medical expenses, lost earnings or other support,
23		repair or replacement of property damaged or taken,
24		reasonable attorney's fees, court costs and moving or other
25		travel expenses, including additional reasonable expenses
26		for temporary shelter and restaurant meals.

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1		(i) Losses affecting family needs. If a party is
2		entitled to seek maintenance, child support or
3		property distribution from the other party under the
4		Illinois Marriage and Dissolution of Marriage Act, as
5		now or hereafter amended, the court may order
6		respondent to reimburse petitioner's actual losses, to
7		the extent that such reimbursement would be
8		"appropriate temporary relief", as authorized by
9		subsection (a)(3) of Section 501 of that Act.
10		(ii) Recovery of expenses. In the case of an
11		improper concealment or removal of a minor child, the
12		court may order respondent to pay the reasonable
13		expenses incurred or to be incurred in the search for
14		and recovery of the minor child, including but not
15		limited to legal fees, court costs, private
16		investigator fees, and travel costs.
17		(14) Prohibition of entry. Prohibit the respondent
18		from entering or remaining in the residence or household
19		while the respondent is under the influence of alcohol or
20		drugs and constitutes a threat to the safety and well-being
21		of the petitioner or the petitioner's children.
22		(14.5) Prohibition of firearm possession.
23		(A) A person who is subject to an existing order of
24		protection, interim order of protection, emergency
25		order of protection, or plenary order of protection,
26		issued under this Code may not lawfully possess weapons

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1		under Section 8.2 of the Firearm Owners Identification
2		Card Act. (a) Prohibit a respondent against whom an
3		order of protection was issued from possessing any
4		firearms during the duration of the order if the order:
5		(1) was issued after a hearing of which such
6		person received actual notice, and at which such
7		person had an opportunity to participate;
8		(2) restrains such person from harassing,
9		stalking, or threatening an intimate partner of
10		such person or child of such intimate partner or
11		person, or engaging in other conduct that would
12		place an intimate partner in reasonable fear of
13		bodily injury to the partner or child; and
14		(3)(i) includes a finding that such person
15		represents a credible threat to the physical
16		safety of such intimate partner or child; or (ii)
17		by its terms explicitly prohibits the use,
18		attempted use, or threatened use of physical force
19		against such intimate partner or child that would
20		reasonably be expected to cause bodily injury.
21		(B) Any firearms in the possession of the
22		respondent, except as provided in subparagraph (C) of
23		this paragraph (14.5) subsection (b), shall be ordered
24		by the court to be turned over to a person with a valid
25		Firearm Owner's Identification Card the local law
26		enforcement agency for safekeeping. The court shall

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1		issue an order that the respondent's Firearm Owner's
2		Identification Card be turned over to the local law
3		enforcement agency, which in turn shall immediately
4		mail the card to the Department of State Police Firearm
5		Owner's Identification Card Office for safekeeping.
6		The period of safekeeping shall be for the duration of
7		the order of protection. The firearm or firearms and
8		Firearm Owner's Identification Card, if unexpired,
9		shall at the respondent's request be returned to the
10		respondent at expiration of the order of protection.
11		(C) (b) If the respondent is a peace officer as
12		defined in Section 2-13 of the Criminal Code of 2012,
13		the court shall order that any firearms used by the
14		respondent in the performance of his or her duties as a
15		peace officer be surrendered to the chief law
16		enforcement executive of the agency in which the
17		respondent is employed, who shall retain the firearms
18		for safekeeping for the duration of the order of
19		protection.
20		(D) (c) Upon expiration of the period of
21		safekeeping, if the firearms or Firearm Owner's
22		Identification Card cannot be returned to respondent
23		because respondent cannot be located, fails to respond
24		to requests to retrieve the firearms, or is not
25		lawfully eligible to possess a firearm, upon petition
26		from the local law enforcement agency, the court may

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1		order the local law enforcement agency to destroy the
2		firearms, use the firearms for training purposes, or
3		for any other application as deemed appropriate by the
4		local law enforcement agency; or that the firearms be
5		turned over to a third party who is lawfully eligible
6		to possess firearms, and who does not reside with
7		respondent.
8		(15) Prohibition of access to records. If an order of
9		protection prohibits respondent from having contact with
10		the minor child, or if petitioner's address is omitted
11		under subsection (b) of Section 112A-5, or if necessary to
12		prevent abuse or wrongful removal or concealment of a minor
13		child, the order shall deny respondent access to, and
14		prohibit respondent from inspecting, obtaining, or
15		attempting to inspect or obtain, school or any other
16		records of the minor child who is in the care of
17		petitioner.
18		(16) Order for payment of shelter services. Order
19		respondent to reimburse a shelter providing temporary
20		housing and counseling services to the petitioner for the
21		cost of the services, as certified by the shelter and
22		deemed reasonable by the court.
23		(17) Order for injunctive relief. Enter injunctive
24		relief necessary or appropriate to prevent further abuse of
25		a family or household member or to effectuate one of the
26		granted remedies, if supported by the balance of hardships.

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1		If the harm to be prevented by the injunction is abuse or
2		any other harm that one of the remedies listed in
3		paragraphs (1) through (16) of this subsection is designed
4		to prevent, no further evidence is necessary to establish
5		that the harm is an irreparable injury.
6		(c) Relevant factors; findings.
7		(1) In determining whether to grant a specific remedy,
8		other than payment of support, the court shall consider
9		relevant factors, including but not limited to the
10		following:
11		(i) the nature, frequency, severity, pattern and
12		consequences of the respondent's past abuse of the
13		petitioner or any family or household member,
14		including the concealment of his or her location in
15		order to evade service of process or notice, and the
16		likelihood of danger of future abuse to petitioner or
17		any member of petitioner's or respondent's family or
18		household; and
19		(ii) the danger that any minor child will be abused
20		or neglected or improperly removed from the
21		jurisdiction, improperly concealed within the State or
22		improperly separated from the child's primary
23		caretaker.
24		(2) In comparing relative hardships resulting to the
25		parties from loss of possession of the family home, the
26		court shall consider relevant factors, including but not

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1		limited to the following:
2		(i) availability, accessibility, cost, safety,
3		adequacy, location and other characteristics of
4		alternate housing for each party and any minor child or
5		dependent adult in the party's care;
6		(ii) the effect on the party's employment; and
7		(iii) the effect on the relationship of the party,
8		and any minor child or dependent adult in the party's
9		care, to family, school, church and community.
10		(3) Subject to the exceptions set forth in paragraph
11		(4) of this subsection, the court shall make its findings
12		in an official record or in writing, and shall at a minimum
13		set forth the following:
14		(i) That the court has considered the applicable
15		relevant factors described in paragraphs (1) and (2) of
16		this subsection.
17		(ii) Whether the conduct or actions of respondent,
18		unless prohibited, will likely cause irreparable harm
19		or continued abuse.
20		(iii) Whether it is necessary to grant the
21		requested relief in order to protect petitioner or
22		other alleged abused persons.
23		(4) For purposes of issuing an ex parte emergency order
24		of protection, the court, as an alternative to or as a
25		supplement to making the findings described in paragraphs
26		(c)(3)(i) through (c)(3)(iii) of this subsection, may use

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1		the following procedure:
2		When a verified petition for an emergency order of
3		protection in accordance with the requirements of Sections
4		112A-5 and 112A-17 is presented to the court, the court
5		shall examine petitioner on oath or affirmation. An
6		emergency order of protection shall be issued by the court
7		if it appears from the contents of the petition and the
8		examination of petitioner that the averments are
9		sufficient to indicate abuse by respondent and to support
10		the granting of relief under the issuance of the emergency
11		order of protection.
12		(5) Never married parties. No rights or
13		responsibilities for a minor child born outside of marriage
14		attach to a putative father until a father and child
15		relationship has been established under the Illinois
16		Parentage Act of 1984. Absent such an adjudication, no
17		putative father shall be granted temporary custody of the
18		minor child, visitation with the minor child, or physical
19		care and possession of the minor child, nor shall an order
20		of payment for support of the minor child be entered.
21		(d) Balance of hardships; findings. If the court finds that
22		the balance of hardships does not support the granting of a
23		remedy governed by paragraph (2), (3), (10), (11), or (16) of
24		subsection (b) of this Section, which may require such
25		balancing, the court's findings shall so indicate and shall
26		include a finding as to whether granting the remedy will result

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1		in hardship to respondent that would substantially outweigh the
2		hardship to petitioner from denial of the remedy. The findings
3		shall be an official record or in writing.
4		(e) Denial of remedies. Denial of any remedy shall not be
5		based, in whole or in part, on evidence that:
6		(1) Respondent has cause for any use of force, unless
7		that cause satisfies the standards for justifiable use of
8		force provided by Article 7 of the Criminal Code of 2012;
9		(2) Respondent was voluntarily intoxicated;
10		(3) Petitioner acted in self-defense or defense of
11		another, provided that, if petitioner utilized force, such
12		force was justifiable under Article 7 of the Criminal Code
13		of 2012;
14		(4) Petitioner did not act in self-defense or defense
15		of another;
16		(5) Petitioner left the residence or household to avoid
17		further abuse by respondent;
18		(6) Petitioner did not leave the residence or household
19		to avoid further abuse by respondent;
20		(7) Conduct by any family or household member excused
21		the abuse by respondent, unless that same conduct would
22		have excused such abuse if the parties had not been family
23		or household members.
24		(Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11;
25		97-158, eff. 1-1-12; 97-1131, eff. 1-1-13; 97-1150, eff.
26		1-25-13.)

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1		Section 165. The Mental Health and Developmental
2		Disabilities Confidentiality Act is amended by changing
3		Section 12 as follows:
4		(740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
5		Sec. 12. (a) If the United States Secret Service or the
6		Department of State Police requests information from a mental
7		health or developmental disability facility, as defined in
8		Section 1-107 and 1-114 of the Mental Health and Developmental
9		Disabilities Code, relating to a specific recipient and the
10		facility director determines that disclosure of such
11		information may be necessary to protect the life of, or to
12		prevent the infliction of great bodily harm to, a public
13		official, or a person under the protection of the United States
14		Secret Service, only the following information may be
15		disclosed: the recipient's name, address, and age and the date
16		of any admission to or discharge from a facility; and any
17		information which would indicate whether or not the recipient
18		has a history of violence or presents a danger of violence to
19		the person under protection. Any information so disclosed shall
20		be used for investigative purposes only and shall not be
21		publicly disseminated. Any person participating in good faith
22		in the disclosure of such information in accordance with this
23		provision shall have immunity from any liability, civil,
24		criminal or otherwise, if such information is disclosed relying

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1		upon the representation of an officer of the United States
2		Secret Service or the Department of State Police that a person
3		is under the protection of the United States Secret Service or
4		is a public official.
5		For the purpose of this subsection (a), the term "public
6		official" means the Governor, Lieutenant Governor, Attorney
7		General, Secretary of State, State Comptroller, State
8		Treasurer, member of the General Assembly, member of the United
9		States Congress, Judge of the United States as defined in 28
10		U.S.C. 451, Justice of the United States as defined in 28
11		U.S.C. 451, United States Magistrate Judge as defined in 28
12		U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
13		Supreme, Appellate, Circuit, or Associate Judge of the State of
14		Illinois. The term shall also include the spouse, child or
15		children of a public official.
16		(b) The Department of Human Services (acting as successor
17		to the Department of Mental Health and Developmental
18		Disabilities) and all public or private hospitals and mental
19		health facilities are required, as hereafter described in this
20		subsection, to furnish the Department of State Police only such
21		information as may be required for the sole purpose of
22		determining whether an individual who may be or may have been a
23		patient is disqualified because of that status from receiving
24		or retaining a Firearm Owner's Identification Card or falls
25		within the federal prohibitors under subsection (e), (f), (g),
26		(r), (s), or (t) of Section 8 of the Firearm Owners

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1		Identification Card Act, or falls within the federal
2		prohibitors in under subsection (e) or (f) of Section 8 of the
3		Firearm Owners Identification Card Act or 18 U.S.C. 922(g) and
4		(n). All physicians, clinical psychologists, or qualified
5		examiners at public or private hospitals and mental health
6		facilities or parts thereof as defined in this subsection
7		shall, in the form and manner required by the Department,
8		provide notice directly to the Department of Human Services, or
9		to his or her employer who shall then report to the Department,
10		within 24 hours after determining that a patient as described
11		in clause (2) of the definition of "patient" in Section 1.1 of
12		the Firearm Owners Identification Card Act poses a clear and
13		present danger to himself, herself, or others, or is determined
14		to be developmentally disabled such information as shall be
15		necessary for the Department to comply with the reporting
16		requirements to the Department of State Police. This Such
17		information shall be furnished within 24 hours after the
18		physician, clinical psychologist, or qualified examiner has
19		made a determination, or within 7 days after admission to a
20		public or private hospital or mental health facility or the
21		provision of services to a patient described in clause (1) of
22		the definition of "patient" in Section 1.1 of the Firearm
23		Owners Identification Card Act clause (2) of this subsection
24		(b). Any such information disclosed under this subsection shall
25		remain privileged and confidential, and shall not be
26		redisclosed, except as required by subsection (e) clause (e)(2)

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1		of Section 3.1 of the Firearm Owners Identification Card Act,
2		nor utilized for any other purpose. The method of requiring the
3		providing of such information shall guarantee that no
4		information is released beyond what is necessary for this
5		purpose. In addition, the information disclosed shall be
6		provided by the Department within the time period established
7		by Section 24-3 of the Criminal Code of 2012 regarding the
8		delivery of firearms. The method used shall be sufficient to
9		provide the necessary information within the prescribed time
10		period, which may include periodically providing lists to the
11		Department of Human Services or any public or private hospital
12		or mental health facility of Firearm Owner's Identification
13		Card applicants on which the Department or hospital shall
14		indicate the identities of those individuals who are to its
15		knowledge disqualified from having a Firearm Owner's
16		Identification Card for reasons described herein. The
17		Department may provide for a centralized source of information
18		for the State on this subject under its jurisdiction. The
19		identity of the person reporting under this subsection shall
20		not be disclosed to the subject of the report. For the purposes
21		of this subsection, the physician, clinical psychologist, or
22		qualified examiner making the determination and his or her
23		employer shall not be held criminally, civilly, or
24		professionally liable for making or not making the notification
25		required under this subsection, except for willful or wanton
26		misconduct.

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1		Any person, institution, or agency, under this Act,
2		participating in good faith in the reporting or disclosure of
3		records and communications otherwise in accordance with this
4		provision or with rules, regulations or guidelines issued by
5		the Department shall have immunity from any liability, civil,
6		criminal or otherwise, that might result by reason of the
7		action. For the purpose of any proceeding, civil or criminal,
8		arising out of a report or disclosure in accordance with this
9		provision, the good faith of any person, institution, or agency
10		so reporting or disclosing shall be presumed. The full extent
11		of the immunity provided in this subsection (b) shall apply to
12		any person, institution or agency that fails to make a report
13		or disclosure in the good faith belief that the report or
14		disclosure would violate federal regulations governing the
15		confidentiality of alcohol and drug abuse patient records
16		implementing 42 U.S.C. 290dd-3 and 290ee-3.
17		For purposes of this subsection (b) only, the following
18		terms shall have the meaning prescribed:
19		(1) (Blank). "Hospital" means only that type of
20		institution which is providing full-time residential
21		facilities and treatment.
22		(1.3) "Clear and present danger" has the meaning as
23		defined in Section 1.1 of the Firearm Owners Identification
24		Card Act.
25		(1.5) "Developmentally disabled" has the meaning as
26		defined in Section 1.1 of the Firearm Owners Identification

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1		Card Act.
2		(2) "Patient" has the meaning as defined in Section 1.1
3		of the Firearm Owners Identification Card Act shall include
4		only: (i) a person who is an in-patient or resident of any
5		public or private hospital or mental health facility or
6		(ii) a person who is an out-patient or provided services by
7		a public or private hospital or mental health facility
8		whose mental condition is of such a nature that it is
9		manifested by violent, suicidal, threatening, or
10		assaultive behavior or reported behavior, for which there
11		is a reasonable belief by a physician, clinical
12		psychologist, or qualified examiner that the condition
13		poses a clear and present or imminent danger to the
14		patient, any other person or the community meaning the
15		patient's condition poses a clear and present danger in
16		accordance with subsection (f) of Section 8 of the Firearm
17		Owners Identification Card Act. The terms physician,
18		clinical psychologist, and qualified examiner are defined
19		in Sections 1-120, 1-103, and 1-122 of the Mental Health
20		and Developmental Disabilities Code.
21		(3) "Mental health facility" has the meaning as defined
22		in Section 1.1 of the Firearm Owners Identification Card
23		Act is defined by Section 1-114 of the Mental Health and
24		Developmental Disabilities Code.
25		(c) Upon the request of a peace officer who takes a person
26		into custody and transports such person to a mental health or

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1		developmental disability facility pursuant to Section 3-606 or
2		4-404 of the Mental Health and Developmental Disabilities Code
3		or who transports a person from such facility, a facility
4		director shall furnish said peace officer the name, address,
5		age and name of the nearest relative of the person transported
6		to or from the mental health or developmental disability
7		facility. In no case shall the facility director disclose to
8		the peace officer any information relating to the diagnosis,
9		treatment or evaluation of the person's mental or physical
10		health.
11		For the purposes of this subsection (c), the terms "mental
12		health or developmental disability facility", "peace officer"
13		and "facility director" shall have the meanings ascribed to
14		them in the Mental Health and Developmental Disabilities Code.
15		(d) Upon the request of a peace officer or prosecuting
16		authority who is conducting a bona fide investigation of a
17		criminal offense, or attempting to apprehend a fugitive from
18		justice, a facility director may disclose whether a person is
19		present at the facility. Upon request of a peace officer or
20		prosecuting authority who has a valid forcible felony warrant
21		issued, a facility director shall disclose: (1) whether the
22		person who is the subject of the warrant is present at the
23		facility and (2) the date of that person's discharge or future
24		discharge from the facility. The requesting peace officer or
25		prosecuting authority must furnish a case number and the
26		purpose of the investigation or an outstanding arrest warrant

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1		at the time of the request. Any person, institution, or agency
2		participating in good faith in disclosing such information in
3		accordance with this subsection (d) is immune from any
4		liability, civil, criminal or otherwise, that might result by
5		reason of the action.
6		(Source: P.A. 96-193, eff. 8-10-09; 97-1150, eff. 1-25-13.)
7		Section 170. The Probate Act of 1975 is amended by adding
8		Section 11a-24 as follows:
9		(755 ILCS 5/11a-24 new)
10		Sec. 11a-24. Notification; Department of State Police.
11		When a court adjudges a respondent to be a disabled person
12		under this Article, the court shall direct the circuit court
13		clerk to notify the Department of State Police, Firearm Owner's
14		Identification (FOID) Office, in a form and manner prescribed
15		by the Department of State Police, and shall forward a copy of
16		the court order to the Department no later than 7 days after
17		the entry of the order. Upon receipt of the order, the
18		Department of State Police shall provide notification to the
19		National Instant Criminal Background Check System.
20		Section 195. No acceleration or delay. Where this Act makes
21		changes in a statute that is represented in this Act by text
22		that is not yet or no longer in effect (for example, a Section
23		represented by multiple versions), the use of that text does

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1		not accelerate or delay the taking effect of (i) the changes
2		made by this Act or (ii) provisions derived from any other
3		Public Act.
4		Section 999. Effective date. This Act takes effect upon
5		becoming law.