Rep. Brandon W. Phelps

Filed: 5/23/2013

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1
AMENDMENT TO SENATE BILL 2193
2 AMENDMENT NO. ______. Amend Senate Bill 2193 by replacing
3everything after the enacting clause with the following:
4 "Section 1. Short title. This Act may be cited as the
5Firearm Concealed Carry Act.
6 Section 5. Definitions. As used in this Act:
7 "Applicant" means a person who is applying for a license to
8carry a concealed firearm under this Act.
9 "Board" means the Concealed Carry Licensing Review Board.
10 "Concealed firearm" means a loaded or unloaded handgun
11carried on or about a person completely or mostly concealed
12from view of the public or on or about a person within a
13vehicle.
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

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1projectile or projectiles by the action of an explosion,
2expansion of gas, or escape of gas that is designed to be held
3and fired by the use of a single hand. "Handgun" does not
4include:
5 (1) a stun gun or taser;
6 (2) a machine gun as defined in item (i) of paragraph
7 (7) of subsection (a) of Section 24-1 of the Criminal Code
8 of 2012;
9 (3) a short-barreled rifle or shotgun as defined in
10 item (ii) of paragraph (7) of subsection (a) of Section
11 24-1 of the Criminal Code of 2012; or
12 (4) any pneumatic gun, spring gun, paint ball gun, or
13 B-B gun which expels a single globular projectile not
14 exceeding .18 inch in diameter, or which has a maximum
15 muzzle velocity of less than 700 feet per second, or which
16 expels breakable paint balls containing washable marking
17 colors.
18 "Law enforcement agency" means any federal, State, or local
19law enforcement agency, including offices of State's Attorneys
20and the Office of the Attorney General.
21 "License" means a license issued by the Department of State
22Police to carry a concealed handgun.
23 "Licensee" means a person issued a license to carry a
24concealed handgun.
25 "Municipality" has the meaning ascribed to it in Section 1
26of Article VII of the Illinois Constitution.

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1 "Unit of local government" has the meaning ascribed to it
2in Section 1 of Article VII of the Illinois Constitution.
3 Section 10. Issuance of licenses to carry a concealed
4firearm.
5 (a) The Department shall issue a license to carry a
6concealed firearm under this Act to an applicant who:
7 (1) meets the qualifications of Section 25 of this Act;
8 (2) has provided the application and documentation
9 required in Section 30 of this Act;
10 (3) has submitted the requisite fees; and
11 (4) does not pose a danger to himself, herself, or
12 others, or a threat to public safety as determined by the
13 Concealed Carry Licensing Review Board in accordance with
14 Section 20.
15 (b) The Department shall issue a renewal, corrected, or
16duplicate license as provided in this Act.
17 (c) A license shall be valid throughout the State for a
18period of 5 years from the date of issuance. A license shall
19permit the licensee to:
20 (1) carry a loaded or unloaded concealed firearm, fully
21 concealed or partially concealed, on or about his or her
22 person; and
23 (2) keep or carry a loaded or unloaded concealed
24 firearm on or about his or her person within a vehicle.
25 (d) The Department shall make applications for a license

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1available no later than 180 days after the effective date of
2this Act. The Department shall establish rules for the
3availability and submission of applications in accordance with
4this Act.
5 (e) An application for a license submitted to the
6Department that contains all the information and materials
7required by this Act, including the requisite fee, shall be
8deemed completed. Except as otherwise provided in this Act, no
9later than 90 days after receipt of a completed application,
10the Department shall issue or deny the applicant a license.
11 (f) The Department shall deny the applicant a license if
12the applicant fails to meet the requirements under this Act or
13the Department receives a determination from the Board that the
14applicant is ineligible for a license. The Department must
15notify the applicant stating the grounds for the denial. The
16notice of denial must inform the applicant of his or her right
17to an appeal through administrative and judicial review.
18 (g) A licensee shall possess a license at all times the
19licensee carries a concealed firearm except:
20 (1) when the licensee is carrying or possessing a
21 concealed firearm on his or her land or in his or her
22 abode, legal dwelling, or fixed place of business, or on
23 the land or in the legal dwelling of another person as an
24 invitee with that person's permission;
25 (2) when the person is authorized to carry a firearm
26 under Section 24-2 of the Criminal Code of 2012, except

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1 subsection (a-5) of that Section; or
2 (3) when the handgun is broken down in a
3 non-functioning state, is not immediately accessible, or
4 is unloaded and enclosed in a case.
5 (h) If an officer of a law enforcement agency initiates an
6investigative stop, including but not limited to a traffic
7stop, of a licensee who is carrying a concealed firearm, upon
8the request of the officer the licensee shall disclose to the
9officer that he or she is in possession of a concealed firearm
10under this Act, present the license upon the request of the
11officer, and identify the location of the concealed firearm.
12 (i) The Department shall maintain a database of license
13applicants and licenses. The database shall be available to all
14federal, State, and local law enforcement agencies, State's
15Attorneys, the Attorney General, and authorized court
16personnel. Within 180 days after the effective date of this
17Act, the database shall be searchable and provide all
18information included in the application, including the
19applicant's previous addresses within the 10 years prior to the
20license application and any information related to violations
21of this Act. No law enforcement agency, State's Attorney,
22Attorney General, or member or staff of the judiciary shall
23provide any information to a requester who is not entitled to
24it by law.
25 (j) No later than 10 days after receipt of a completed
26application, the Department shall enter the relevant

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

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1offense described in Section 12-6.4, Section 24-1.8, Section
225-5, Section 33-4, or Section 33G-4, or in paragraph (1) of
3subsection (a) of Section 12-6.2, paragraph (2) of subsection
4(b) of Section 16-30, paragraph (2) of subsection (b) of
5Section 31-4, or item (iii) of paragraph (1.5) of subsection
6(i) of Section 48-1 of the Criminal Code of 2012.
7 (c) The referral of an objection under this Section to the
8Board shall toll the 90-day period for the Department to issue
9or deny the applicant a license under subsection (e) of Section
1010 of this Act, during the period of review and until the Board
11issues its decision.
12 (d) If no objection is made by a law enforcement agency or
13the Department under this Section, the Department shall process
14the application in accordance with this Act.
15 Section 20. Concealed Carry Licensing Review Board.
16 (a) There is hereby created a Concealed Carry Licensing
17Review Board to consider any objection to an applicant's
18eligibility to obtain a license under this Act submitted by a
19law enforcement agency or the Department under Section 15 of
20this Act. The Board shall consist of 7 commissioners to be
21appointed by the Governor, with the advice and consent of the
22Senate, with 3 commissioners residing within the First Judicial
23District and one commissioner residing within each of the 4
24remaining Judicial Districts. No more than 4 commissioners
25shall be members of the same political party. The Governor

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1shall designate one commissioner as the Chairperson. The Board
2shall consist of:
3 (1) one commissioner with at least 5 years of service
4 as a federal judge;
5 (2) 2 commissioners with at least 5 years of experience
6 serving as an attorney with the United States Department of
7 Justice;
8 (3) 3 commissioners with at least 5 years of experience
9 as a federal agent or employee with investigative
10 experience or duties related to criminal justice under the
11 United States Department of Justice, Drug Enforcement
12 Administration, Department of Homeland Security, or
13 Federal Bureau of Investigation; and
14 (4) one member with at least 5 years of experience as a
15 licensed physician or clinical psychologist with expertise
16 in the diagnosis and treatment of mental illness.
17 (b) The initial terms of the commissioners shall end on
18January 12, 2015. Thereafter, the commissioners shall hold
19office for 4 years, with terms expiring on the second Monday in
20January of the fourth year. Commissioners may be reappointed.
21Vacancies in the office of commissioner shall be filled in the
22same manner as the original appointment, for the remainder of
23the unexpired term. The Governor may remove a commissioner for
24incompetence, neglect of duty, malfeasance, or inability to
25serve. Commissioners shall receive compensation in an amount
26equal to the compensation of members of the Executive Ethics

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1Commission and may be reimbursed for reasonable expenses
2actually incurred in the performance of their Board duties,
3from funds appropriated for that purpose.
4 (c) The Board shall meet at the call of the chairperson as
5often as necessary to consider objections to applications for a
6license under this Act. If necessary to ensure the
7participation of a commissioner, the Board shall allow a
8commissioner to participate in a Board meeting by electronic
9communication. Any commissioner participating electronically
10shall be deemed present for purposes of establishing a quorum
11and voting.
12 (d) The Board shall adopt rules for the conduct of
13hearings. The Board shall maintain a record of its decisions
14and all materials considered in making its decisions. All Board
15decisions and voting records shall be kept confidential and all
16materials considered by the Board shall be exempt from
17inspection except upon order of a court.
18 (e) In considering an objection of a law enforcement agency
19or the Department, the Board shall review the materials
20received with the objection from the law enforcement agency or
21the Department. By a vote of at least 4 commissioners, the
22Board may request additional information from the law
23enforcement agency, Department, or the applicant, or the
24testimony of the law enforcement agency, Department, or the
25applicant. The Board may only consider information submitted by
26the Department, a law enforcement agency, or the applicant. The

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1Board shall review each objection and determine by a majority
2of commissioners whether an applicant is eligible for a
3license.
4 (f) The Board shall issue a decision within 30 days of
5receipt of the objection from the Department. However, the
6Board need not issue a decision within 30 days if:
7 (1) the Board requests information from the applicant
8 in accordance with subsection (e) of this Section, in which
9 case the Board shall make a decision within 30 days of
10 receipt of the required information from the applicant;
11 (2) the applicant agrees, in writing, to allow the
12 Board additional time to consider an objection; or
13 (3) the Board notifies the applicant and the Department
14 that the Board needs an additional 30 days to issue a
15 decision.
16 (g) If the Board determines by a preponderance of the
17evidence that the applicant poses a danger to himself or
18herself or others, or is a threat to public safety, then the
19Board shall affirm the objection of the law enforcement agency
20or the Department and shall notify the Department that the
21applicant is ineligible for a license. If the Board does not
22determine by a preponderance of the evidence that the applicant
23poses a danger to himself or herself or others, or is a threat
24to public safety, then the Board shall notify the Department
25that the applicant is eligible for a license.
26 (h) Meetings of the Board shall not be subject to the Open

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1Meetings Act and records of the Board shall not be subject to
2the Freedom of Information Act.
3 (i) The Board shall report monthly to the Governor and the
4General Assembly on the number of objections received and
5provide details of the circumstances in which the Board has
6determined to deny licensure based on law enforcement or
7Department objections under Section 15 of this Act. The report
8shall not contain any identifying information about the
9applicants.
10 Section 25. Qualifications for a license.
11 The Department shall issue a license to an applicant
12completing an application in accordance with Section 30 of this
13Act if the person:
14 (1) is at least 21 years of age;
15 (2) has a currently valid Firearm Owner's
16 Identification Card and at the time of application meets
17 the requirements for the issuance of a Firearm Owner's
18 Identification Card and is not prohibited under the Firearm
19 Owners Identification Card Act or federal law from
20 possessing or receiving a firearm;
21 (3) has not been convicted or found guilty in this
22 State or in any other state of:
23 (A) a misdemeanor involving the use or threat of
24 physical force or violence to any person within the 5
25 years preceding the date of the license application; or

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1 (B) 2 or more violations related to driving while
2 under the influence of alcohol, other drug or drugs,
3 intoxicating compound or compounds, or any combination
4 thereof, within the 5 years preceding the date of the
5 license application; and
6 (4) is not the subject of a pending arrest warrant,
7 prosecution, or proceeding for an offense or action that
8 could lead to disqualification to own or possess a firearm;
9 (5) has not been in residential or court-ordered
10 treatment for alcoholism, alcohol detoxification, or drug
11 treatment within the 5 years immediately preceding the date
12 of the license application; and
13 (6) has completed firearms training and any education
14 component required under Section 75 of this Act.
15 Section 30. Contents of license application.
16 (a) The license application shall be in writing, under
17penalty of perjury, on a standard form adopted by the
18Department and shall be accompanied by the documentation
19required in this Section and the applicable fee. Each
20application form shall include the following statement printed
21in bold type: "Warning: Entering false information on this form
22is punishable as perjury under Section 32-2 of the Criminal
23Code of 2012."
24 (b) The application shall contain the following:
25 (1) the applicant's name, current address, date and

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1 year of birth, place of birth, height, weight, hair color,
2 eye color, maiden name or any other name the applicant has
3 used or identified with, and any address where the
4 applicant resided for more than 30 days within the 10 years
5 preceding the date of the license application;
6 (2) the applicant's valid driver's license number or
7 valid state identification card number;
8 (3) a waiver of the applicant's privacy and
9 confidentiality rights and privileges under all federal
10 and state laws, including those limiting access to juvenile
11 court, criminal justice, psychological, or psychiatric
12 records or records relating to any institutionalization of
13 the applicant, and an affirmative request that a person
14 having custody of any of these records provide it or
15 information concerning it to the Department;
16 (4) an affirmation that the applicant possesses a
17 currently valid Firearm Owner's Identification Card and
18 card number if possessed or notice the applicant is
19 applying for a Firearm Owner's Identification Card in
20 conjunction with the license application;
21 (5) an affirmation that the applicant has not been
22 convicted or found guilty of:
23 (A) a felony;
24 (B) a misdemeanor involving the use or threat of
25 physical force or violence to any person within the 5
26 years preceding the date of the application; or

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1 (C) 2 or more violations related to driving while
2 under the influence of alcohol, other drug or drugs,
3 intoxicating compound or compounds, or any combination
4 thereof, within the 5 years preceding the date of the
5 license application; and
6 (6) whether the applicant has failed a drug test for a
7 drug for which the applicant did not have a prescription,
8 within the previous year, and if so, the provider of the
9 test, the specific substance involved, and the date of the
10 test;
11 (7) written consent for the Department to review and
12 use the applicant's Illinois digital driver's license or
13 Illinois identification card photograph and signature;
14 (8) a full set of fingerprints submitted to the
15 Department in electronic format, provided the Department
16 may accept an application submitted without a set of
17 fingerprints in which case the Department shall be granted
18 30 days in addition to the 90 days provided under
19 subsection (e) of Section 10 of this Act to issue or deny a
20 license;
21 (9) a head and shoulder color photograph in a size
22 specified by the Department taken within the 30 days
23 preceding the date of the license application; and
24 (10) a photocopy of any certificates or other evidence
25 of compliance with the training requirements under this
26 Act.

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1 Section 35. Investigation of the applicant.
2 The Department shall conduct a background check of the
3applicant to ensure compliance with the requirements of this
4Act and all federal, State, and local laws. The background
5check shall include a search of the following:
6 (1) the National Instant Criminal Background Check
7 System of the Federal Bureau of Investigation;
8 (2) all available state and local criminal history
9 record information files, including records of juvenile
10 adjudications;
11 (3) all available federal, state, and local records
12 regarding wanted persons;
13 (4) all available federal, state, and local records of
14 domestic violence restraining and protective orders;
15 (5) the files of the Department of Human Services
16 relating to mental health and developmental disabilities;
17 and
18 (6) all other available records of a federal, state, or
19 local agency or other public entity in any jurisdiction
20 likely to contain information relevant to whether the
21 applicant is prohibited from purchasing, possessing, or
22 carrying a firearm under federal, state, or local law.
23 (7) Fingerprints collected under Section 30 shall be
24 checked against the Department of State Police and Federal
25 Bureau of Investigation criminal history record databases

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1 now and hereafter filed.
2 Section 40. Non-resident license applications.
3 (a) For the purposes of this Section, "non-resident" means
4a person who has not resided within this State for more than 30
5days and resides in another state or territory.
6 (b) The Department shall by rule allow for non-resident
7license applications from any state or territory of the United
8States with laws related to firearm ownership, possession, and
9carrying, that are substantially similar to the requirements to
10obtain a license under this Act.
11 (c) A resident of a state or territory approved by the
12Department under subsection (b) of this Section may apply for a
13non-resident license. The applicant shall apply to the
14Department and must meet all of the qualifications established
15in Section 25 of this Act, except for the Illinois residency
16requirement in item (xiv) of paragraph (2) of subsection (a) of
17Section 4 of the Firearm Owners Identification Card Act. The
18applicant shall submit:
19 (1) the application and documentation required under
20 Section 30 of this Act and the applicable fee;
21 (2) a notarized document stating that the applicant:
22 (A) is eligible under federal law and the laws of
23 his or her state or territory of residence to own or
24 possess a firearm;
25 (B) if applicable, has a license or permit to carry

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1 a firearm or concealed firearm issued by his or her
2 state or territory of residence and attach a copy of
3 the license or permit to the application;
4 (C) understands Illinois laws pertaining to the
5 possession and transport of firearms, and
6 (D) acknowledges that the applicant is subject to
7 the jurisdiction of the Department and Illinois courts
8 for any violation of this Act; and
9 (3) a photocopy of any certificates or other evidence
10 of compliance with the training requirements under Section
11 75 of this Act; and
12 (4) a head and shoulder color photograph in a size
13 specified by the Department taken within the 30 days
14 preceding the date of the application.
15 (d) In lieu of an Illinois driver's license or Illinois
16identification card, a non-resident applicant shall provide
17similar documentation from his or her state or territory of
18residence. In lieu of a valid Firearm Owner's Identification
19Card, the applicant shall submit documentation and information
20required by the Department to obtain a Firearm Owner's
21Identification Card, including an affidavit that the
22non-resident meets the mental health standards to obtain a
23firearm under Illinois law, and the Department shall ensure
24that the applicant would meet the eligibility criteria to
25obtain a Firearm Owner's Identification card if he or she was a
26resident of this State.

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1 (e) Nothing in this Act shall prohibit a non-resident from
2transporting a concealed firearm within his or her vehicle in
3Illinois, if the concealed firearm remains within his or her
4vehicle and the non-resident:
5 (1) is not prohibited from owning or possessing a
6 firearm under federal law;
7 (2) is eligible to carry a firearm in public under the
8 laws of his or her state or territory of residence; and
9 (3) is not in possession of a license under this Act.
10 If the non-resident leaves his or her vehicle unattended,
11he or she shall store the firearm within a locked vehicle or
12locked container within the vehicle in accordance with
13subsection (b) of Section 65 of this Act.
14 Section 45. Civil immunity; Board, employees, and agents.
15The Board, Department, local law enforcement agency, or
16employees and agents of the Board, Department, or local law
17enforcement agency participating in the licensing process
18under this Act shall not be held liable for damages in any
19civil action arising from alleged wrongful or improper
20granting, denying, renewing, revoking, suspending, or failing
21to grant, deny, renew, revoke, or suspend a license under this
22Act, except for willful or wanton misconduct.
23 Section 50. License renewal.
24 Applications for renewal of a license shall be made to the

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1Department. A license shall be renewed for a period of 5 years
2upon receipt of a completed renewal application, completion of
33 hours of training required under Section 75 of this Section,
4payment of the applicable renewal fee, and completion of an
5investigation under Section 35 of this Act. The renewal
6application shall contain the information required in Section
730 of this Act, except that the applicant need not resubmit a
8full set of fingerprints.
9 Section 55. Change of address or name; lost, destroyed, or
10stolen licenses.
11 (a) A licensee shall notify the Department within 30 days
12of moving or changing residence or any change of name. The
13licensee shall submit:
14 (1) a notarized statement that the licensee has changed
15 his or her residence or his or her name, including the
16 prior and current address or name and the date the
17 applicant moved or changed his or her name; and
18 (2) the requisite fee.
19 (b) A licensee shall notify the Department within 10 days
20of discovering that a license has been lost, destroyed, or
21stolen. A lost, destroyed, or stolen license is invalid. To
22request a replacement license, the licensee shall submit:
23 (1) a notarized statement that the licensee no longer
24 possesses the license, and that it was lost, destroyed, or
25 stolen;

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1 (2) if applicable, a copy of a police report stating
2 that the license was stolen; and
3 (3) the requisite fee.
4 (c) A violation of this Section is a petty offense with a
5fine of $150 which shall be deposited into the Mental Health
6Reporting Fund.
7 Section 60. Fees.
8 (a) All fees collected under this Act shall be deposited as
9provided in this Section. Application, renewal, and
10replacement fees shall be non-refundable.
11 (b) An applicant for a new license or a renewal shall
12submit $150 with the application, of which $120 shall be
13apportioned to the State Police Firearm Services Fund, $20
14shall be apportioned to the Mental Health Reporting Fund, and
15$10 shall be apportioned to the State Crime Laboratory Fund.
16 (c) A non-resident applicant for a new license or renewal
17shall submit $300 with the application, of which $250 shall be
18apportioned to the State Police Firearm Services Fund, $40
19shall be apportioned to the Mental Health Reporting Fund, and
20$10 shall be apportioned to the State Crime Laboratory Fund.
21 (d) A licensee requesting a new license in accordance with
22Section 55 shall submit $75, of which $60 shall be apportioned
23to the State Police Firearm Services Fund, $5 shall be
24apportioned to the Mental Health Reporting Fund, and $10 shall
25be apportioned to the State Crime Laboratory Fund.

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1 Section 65. Prohibited areas.
2 (a) A licensee under this Act shall not knowingly carry a
3firearm on or into:
4 (1) Any building, real property, and parking area under
5 the control of a public or private elementary or secondary
6 school.
7 (2) Any building, real property, and parking area under
8 the control of a pre-school or child care facility,
9 including any room or portion of a building under the
10 control of a pre-school or child care facility. Nothing in
11 this paragraph shall prevent the operator of a child care
12 facility in a family home from owning or possessing a
13 firearm in the home or license under this Act, if no child
14 under child care at the home is present in the home or the
15 firearm in the home is stored in a locked container when a
16 child under child care at the home is present in the home.
17 (3) Any building, parking area, or portion of a
18 building under the control of an officer of the executive
19 or legislative branch of government, provided that nothing
20 in this paragraph shall prohibit a licensee from carrying a
21 concealed firearm onto the real property, bikeway, or trail
22 in a park regulated by the Department of Natural Resources
23 or any other designated public hunting area or building
24 where firearm possession is permitted as established by the
25 Department of Natural Resources under Section 1.8 of the

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1 Wildlife Code.
2 (4) Any building designated for matters before a
3 circuit court, appellate court, or the Supreme Court, and
4 any building or portion of a building under the control of
5 the Supreme Court.
6 (5) Any building or portion of a building under the
7 control of a unit of local government.
8 (6) Any building, real property, and parking area under
9 the control of an adult or juvenile detention or
10 correctional institution, prison, or jail.
11 (7) Any building, real property, and parking area under
12 the control of a public or private hospital or hospital
13 affiliate, mental health facility, or nursing home.
14 (8) Any bus, train, or form of transportation paid for
15 in whole or in part with public funds, and any building,
16 real property, and parking area under the control of a
17 public transportation facility paid for in whole or in part
18 with public funds.
19 (9) Any building, real property, and parking area under
20 the control of an establishment that serves alcohol on its
21 premises, if more than 50% of the establishment's gross
22 receipts within the prior 3 months is from the sale of
23 alcohol.
24 (10) Any public gathering or special event conducted on
25 property open to the public that requires the issuance of a
26 permit from the unit of local government, provided this

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

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

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

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

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

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1shall notify the Department within 7 days and transmit the
2license to the Department.
3 (c) A license is invalid upon expiration of the license,
4unless the licensee has submitted an application to renew the
5license, and the applicant is otherwise eligible to possess a
6license under this Act.
7 (d) A licensee shall not carry a concealed firearm while
8under the influence of alcohol, other drug or drugs,
9intoxicating compound or combination of compounds, or any
10combination thereof, under the standards set forth in
11subsection (a) of Section 11-501 of the Illinois Vehicle Code.
12 (e) Except as otherwise provided, a licensee in violation
13of this Act shall be guilty of a Class B misdemeanor. A second
14or subsequent violation is a Class A misdemeanor. The
15Department may suspend a license for up to 6 months for a
16second violation and shall permanently revoke a license for 3
17or more violations of Section 65 of this Act. Any person
18convicted of a violation under this Section shall pay a $150
19fee to be deposited into the Mental Health Reporting Fund, plus
20any applicable court costs or fees.
21 (f) A licensee convicted or found guilty of a violation of
22this Act who has a valid license and is otherwise eligible to
23carry a concealed firearm shall only be subject to the
24penalties under this Section and shall not be subject to the
25penalties under Section 21-6, paragraph (4), (8), or (10) of
26subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)

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1of paragraph (3) of subsection (a) of Section 24-1.6 of the
2Criminal Code of 2012. Except as otherwise provided in this
3subsection, nothing in this subsection prohibits the licensee
4from being subjected to penalties for violations other than
5those specified in this Act.
6 (g) A licensee whose license is revoked, suspended, or
7denied shall, within 48 hours of receiving notice of the
8revocation, suspension, or denial surrender his or her
9concealed carry license to the local law enforcement agency
10where the person resides. The local law enforcement agency
11shall provide the licensee a receipt and transmit the concealed
12carry license to the Department of State Police. If the
13licensee whose concealed carry license has been revoked,
14suspended, or denied fails to comply with the requirements of
15this subsection, the law enforcement agency where the person
16resides may petition the circuit court to issue a warrant to
17search for and seize the concealed carry license in the
18possession and under the custody or control of the licensee
19whose concealed carry license has been revoked, suspended, or
20denied. The observation of a concealed carry license in the
21possession of a person whose license has been revoked,
22suspended, or denied constitutes a sufficient basis for the
23arrest of that person for violation of this subsection. A
24violation of this subsection is a Class A misdemeanor.
25 (h) A license issued or renewed under this Act shall be
26revoked if, at any time, the licensee is found ineligible for a

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1Firearm Owner's Identification Card, or the licensee no longer
2possesses a valid Firearm Owner's Identification Card. A
3licensee whose license is revoked under this subsection (h)
4shall surrender his or her concealed carry license as provided
5for in subsection (g) of this Section.
6 This subsection shall not apply to a person who has filed
7an application with the State Police for renewal of a Firearm
8Owner's Identification Card and who is not otherwise ineligible
9to obtain a Firearm Owner's Identification Card.
10 Section 75. Applicant firearm training.
11 (a) Within 60 days of the effective date of this Act, the
12Department shall begin approval of firearm training courses and
13shall make a list of approved courses available of the
14Department's website.
15 (b) An applicant for a new license shall provide proof of
16completion of a firearms training course or combination of
17courses approved by the Department of at least 16 hours, which
18includes range qualification time under subsection (c) of this
19Section, that covers the following:
20 (1) firearm safety;
21 (2) the basic principles of marksmanship;
22 (3) care, cleaning, loading, and unloading of a
23 concealable firearm;
24 (4) all applicable State and federal laws relating to
25 the ownership, storage, carry, and transportation of a

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1 firearm; and
2 (5) instruction on the appropriate and lawful
3 interaction with law enforcement while transporting or
4 carrying a concealed firearm.
5 (c) An applicant for a new license shall provide proof of
6certification by a certified instructor that the applicant
7passed a live fire exercise with a concealable firearm
8consisting of:
9 (1) a minimum of 30 rounds; and
10 (2) 10 rounds from a distance of 5 yards; 10 rounds
11 from a distance of 7 yards; and 10 rounds from a distance
12 of 10 yards at a B-27 silhouette target approved by the
13 Department.
14 (d) An applicant for renewal of a license shall provide
15proof of completion of a firearms training course or
16combination of courses approved by the Department of at least 3
17hours.
18 (e) A certificate of completion for an applicant firearm
19training course shall not be issued to a student who:
20 (1) does not follow the orders of the certified
21 firearms instructor;
22 (2) in the judgment of the certified instructor,
23 handles a firearm in a manner that poses a danger to the
24 student or to others; or
25 (3) during the range firing portion of testing fails to
26 hit the target with 70% of the rounds fired.

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1 (f) An instructor shall maintain a record of each student's
2performance for at least 5 years, and shall make all records
3available upon demand of authorized personnel of the
4Department.
5 (g) The Department and certified firearms instructor shall
6recognize up to 8 hours of training already completed toward
7the 16 hour training requirement under this Section if the
8training course is approved by the Department and recognized
9under the laws of another state. Any remaining hours that the
10applicant completes must at least cover the classroom subject
11matter of paragraph (4) of subsection (b) of this Section, and
12the range qualification in subsection (c) of this Section.
13 (h) A person who has qualified to carry a firearm as an
14active law enforcement officer, a person certified as a
15firearms instructor by this Act or by the Illinois Law
16Enforcement Training Standards Board, or a person who has
17completed the required training and has been issued a firearm
18control card by the Department of Financial and Professional
19Regulation shall be exempt from the requirements of this
20Section.
21 Section 80. Firearms instructor training.
22 (a) Within 60 days of the effective date of this Act, the
23Department shall begin approval of certified firearms
24instructors and enter certified firearms instructors into an
25online registry on the Department's website.

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1 (b) A person who is not a certified firearms instructor
2shall not teach applicant training courses or advertise or
3otherwise represent courses they teach as qualifying their
4students to meet the requirements to receive a license under
5this Act. Each violation of this subsection is a business
6offense with a fine of at least $1,000 per violation.
7 (c) A person seeking to become a certified firearms
8instructor shall:
9 (1) be at least 21 years of age;
10 (2) be a legal resident of the United States; and
11 (3) meet the requirements of Section 25 of this Act,
12 and any additional uniformly applied requirements
13 established by the Department.
14 (d) A person seeking to become a certified firearms
15instructor trainer, in addition to the requirements of
16subsection (c) of this Section, shall:
17 (1) possess a high school diploma or GED certificate;
18 and
19 (2) have at least one of the following valid firearms
20 instructor certifications:
21 (A) certification from a law enforcement agency;
22 (B) certification from a firearm instructor course
23 offered by a State or federal governmental agency;
24 (C) certification from a firearm instructor
25 qualification course offered by the Illinois Law
26 Enforcement Training Standards Board; or

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1 (D) certification from an entity approved by the
2 Department that offers firearm instructor education
3 and training in the use and safety of firearms.
4 (e) A person may have his or her firearms instructor
5certification denied or revoked if he or she does not meet the
6requirements to obtain a license under this Act, provides false
7or misleading information to the Department, or has had a prior
8instructor certification revoked or denied by the Department.
9 Section 85. Background Checks for Sales.
10 A license to carry a concealed firearm issued by this
11State shall not exempt the licensee from the requirements of a
12background check, including a check of the National Instant
13Criminal Background Check System, upon purchase or transfer of
14a firearm.
15 Section 87. Administrative and judicial review.
16 (a) Whenever an application for a concealed carry license
17is denied, whenever the Department fails to act on an
18application within 90 days of its receipt, or whenever a
19license is revoked or suspended as provided in this Act, the
20aggrieved party may appeal to the Director for a hearing upon
21the denial, revocation, suspension, or failure to act on the
22application, unless the denial was made by the Concealed Carry
23Licensing Review Board, in which case the aggrieved party may
24petition the circuit court in writing in the county of his or

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1her residence for a hearing upon the denial.
2 (b) All final administrative decisions of the Department or
3the Concealed Carry Licensing Review Board under this Act shall
4be subject to judicial review under the provisions of the
5Administrative Review Law. The term "administrative decision"
6is defined as in Section 3-101 of the Code of Civil Procedure.
7 Section 90. Preemption.
8 The regulation, licensing, possession, carrying, and
9transportation of firearms and ammunition are exclusive powers
10and function of the State. Except as explicitly provided in
11this Act, a home rule unit may not regulate or license any
12matter related to firearms, including the possession,
13carrying, and transportation of firearms. This Section is a
14limitation under subsection (h) of Section 6 of Article VII of
15the Illinois Constitution on the exercise by home rule units of
16powers and functions exercised by the State. Any ordinance or
17regulation enacted on or before the effective date of this Act
18that is inconsistent with this Act shall be invalidated on the
19effective date of this amendatory Act of the 98th General
20Assembly.
21 Section 92. Consolidation of concealed carry license and
22Firearm Owner's Identification Card.
23 (a) The Director shall create a task force to develop a
24plan to incorporate and consolidate the concealed carry license

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1under this Act and the Firearm Owner's Identification Card
2under the Firearm Owners Identification Card Act into a
3designation on the Illinois driver's license or Illinois
4identification card of a person with authority to possess a
5firearm under the Firearm Owners Identification Card Act, or
6authority to possess a firearm under the Firearm Owners
7Identification Card Act and authority to carry a concealed
8firearm under this Act. The plan must provide for an
9alternative card for:
10 (1) a non-resident or a resident without an Illinois
11 driver's license or Illinois identification card, who has
12 been granted authority under this Act to carry a concealed
13 firearm in this State; and
14 (2) a resident without an Illinois driver's license or
15 Illinois identification card, who has been granted
16 authority to possess a firearm under the Firearm Owners
17 Identification Card Act.
18 The plan shall include statutory changes necessary to
19implement it.
20 (b) The task force shall consist of the following members:
21 (1) one member appointed by the Speaker of the House of
22 Representatives;
23 (2) one member appointed by the House of
24 Representatives Minority Leader;
25 (3) one member appointed by the President of the
26 Senate;

09800SB2193ham002- 37 -LRB098 10174 MRW 46318 a
1 (4) one member appointed by the Senate Minority Leader;
2 (5) one member appointed by the Secretary of State;
3 (6) one member appointed by the Director of State
4 Police;
5 (7) one member appointed by the Speaker of the House of
6 Representatives representing the National Rifle
7 Association;
8 (8) one member appointed by the Governor from the
9 Department of Natural Resources; and
10 (9) one member appointed by the Governor representing
11 the Chicago Police Department.
12 The task force shall elect a chairperson from its
13membership. Members shall serve without compensation.
14 (c) The task force shall file the plan supported by a
15majority of its members with the General Assembly and the
16Secretary of State on or before March 1, 2014.
17 (d) This Section is repealed on March 2, 2014.
18 Section 95. Procurement; rulemaking.
19 (a) The Department of State Police, in consultation with
20and subject to the approval of the Chief Procurement Officer,
21may procure a single contract or multiple contracts to
22implement the provisions of this Act. A contract or contracts
23under this paragraph are not subject to the provisions of the
24Illinois Procurement Code, except for Sections 20-60, 20-65,
2520-70, and 20-160 and Article 50 of that Code, provided that

09800SB2193ham002- 38 -LRB098 10174 MRW 46318 a
1the Chief Procurement Officer may, in writing with
2justification, waive any certification required under Article
350. This exemption shall be repealed one year from the
4effective date of this Act.
5 (b) The Department shall adopt rules to implement the
6provisions of this Act. The Department may adopt rules
7necessary to implement the provisions of this Act through the
8use of emergency rulemaking in accordance with Section 5-45 of
9the Illinois Administrative Procedure Act for a period not to
10exceed 180 days after the effective date of this Act.
11 Section 100. Short title. Sections 100 through 110 may be
12cited as the School Administrator Reporting of Mental Health
13Clear and Present Danger Determinations Law.
14 Section 105. Duty of school administrator. It is the duty
15of the principal of a public elementary or secondary school, or
16his or her designee, and the chief administrative officer of a
17private elementary or secondary school or a public or private
18community college, college, or university, or his or her
19designee, to report to the Department of State Police when a
20student is determined to pose a clear and present danger to
21himself, herself, or to others, within 24 hours of the
22determination as provided in Section 6-103.3 of the Mental
23Health and Developmental Disabilities Code. "Clear and present
24danger" has the meaning as defined in paragraph (2) of the

09800SB2193ham002- 39 -LRB098 10174 MRW 46318 a
1definition of "clear and present danger" in Section 1.1 of the
2Firearm Owners Identification Card Act.
3 Section 110. Immunity. A principal or chief administrative
4officer, or the designee of a principal of chief administrative
5officer, making the determination and reporting under Section
6105 of this Law shall not be held criminally, civilly, or
7professionally liable, except for willful or wanton
8misconduct.
9 Section 115. The Open Meetings Act is amended by changing
10Section 2 as follows:
11 (5 ILCS 120/2) (from Ch. 102, par. 42)
12 Sec. 2. Open meetings.
13 (a) Openness required. All meetings of public bodies shall
14be open to the public unless excepted in subsection (c) and
15closed in accordance with Section 2a.
16 (b) Construction of exceptions. The exceptions contained
17in subsection (c) are in derogation of the requirement that
18public bodies meet in the open, and therefore, the exceptions
19are to be strictly construed, extending only to subjects
20clearly within their scope. The exceptions authorize but do not
21require the holding of a closed meeting to discuss a subject
22included within an enumerated exception.
23 (c) Exceptions. A public body may hold closed meetings to

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1consider the following subjects:
2 (1) The appointment, employment, compensation,
3 discipline, performance, or dismissal of specific
4 employees of the public body or legal counsel for the
5 public body, including hearing testimony on a complaint
6 lodged against an employee of the public body or against
7 legal counsel for the public body to determine its
8 validity.
9 (2) Collective negotiating matters between the public
10 body and its employees or their representatives, or
11 deliberations concerning salary schedules for one or more
12 classes of employees.
13 (3) The selection of a person to fill a public office,
14 as defined in this Act, including a vacancy in a public
15 office, when the public body is given power to appoint
16 under law or ordinance, or the discipline, performance or
17 removal of the occupant of a public office, when the public
18 body is given power to remove the occupant under law or
19 ordinance.
20 (4) Evidence or testimony presented in open hearing, or
21 in closed hearing where specifically authorized by law, to
22 a quasi-adjudicative body, as defined in this Act, provided
23 that the body prepares and makes available for public
24 inspection a written decision setting forth its
25 determinative reasoning.
26 (5) The purchase or lease of real property for the use

09800SB2193ham002- 41 -LRB098 10174 MRW 46318 a
1 of the public body, including meetings held for the purpose
2 of discussing whether a particular parcel should be
3 acquired.
4 (6) The setting of a price for sale or lease of
5 property owned by the public body.
6 (7) The sale or purchase of securities, investments, or
7 investment contracts. This exception shall not apply to the
8 investment of assets or income of funds deposited into the
9 Illinois Prepaid Tuition Trust Fund.
10 (8) Security procedures and the use of personnel and
11 equipment to respond to an actual, a threatened, or a
12 reasonably potential danger to the safety of employees,
13 students, staff, the public, or public property.
14 (9) Student disciplinary cases.
15 (10) The placement of individual students in special
16 education programs and other matters relating to
17 individual students.
18 (11) Litigation, when an action against, affecting or
19 on behalf of the particular public body has been filed and
20 is pending before a court or administrative tribunal, or
21 when the public body finds that an action is probable or
22 imminent, in which case the basis for the finding shall be
23 recorded and entered into the minutes of the closed
24 meeting.
25 (12) The establishment of reserves or settlement of
26 claims as provided in the Local Governmental and

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1 Governmental Employees Tort Immunity Act, if otherwise the
2 disposition of a claim or potential claim might be
3 prejudiced, or the review or discussion of claims, loss or
4 risk management information, records, data, advice or
5 communications from or with respect to any insurer of the
6 public body or any intergovernmental risk management
7 association or self insurance pool of which the public body
8 is a member.
9 (13) Conciliation of complaints of discrimination in
10 the sale or rental of housing, when closed meetings are
11 authorized by the law or ordinance prescribing fair housing
12 practices and creating a commission or administrative
13 agency for their enforcement.
14 (14) Informant sources, the hiring or assignment of
15 undercover personnel or equipment, or ongoing, prior or
16 future criminal investigations, when discussed by a public
17 body with criminal investigatory responsibilities.
18 (15) Professional ethics or performance when
19 considered by an advisory body appointed to advise a
20 licensing or regulatory agency on matters germane to the
21 advisory body's field of competence.
22 (16) Self evaluation, practices and procedures or
23 professional ethics, when meeting with a representative of
24 a statewide association of which the public body is a
25 member.
26 (17) The recruitment, credentialing, discipline or

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1 formal peer review of physicians or other health care
2 professionals for a hospital, or other institution
3 providing medical care, that is operated by the public
4 body.
5 (18) Deliberations for decisions of the Prisoner
6 Review Board.
7 (19) Review or discussion of applications received
8 under the Experimental Organ Transplantation Procedures
9 Act.
10 (20) The classification and discussion of matters
11 classified as confidential or continued confidential by
12 the State Government Suggestion Award Board.
13 (21) Discussion of minutes of meetings lawfully closed
14 under this Act, whether for purposes of approval by the
15 body of the minutes or semi-annual review of the minutes as
16 mandated by Section 2.06.
17 (22) Deliberations for decisions of the State
18 Emergency Medical Services Disciplinary Review Board.
19 (23) The operation by a municipality of a municipal
20 utility or the operation of a municipal power agency or
21 municipal natural gas agency when the discussion involves
22 (i) contracts relating to the purchase, sale, or delivery
23 of electricity or natural gas or (ii) the results or
24 conclusions of load forecast studies.
25 (24) Meetings of a residential health care facility
26 resident sexual assault and death review team or the

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1 Executive Council under the Abuse Prevention Review Team
2 Act.
3 (25) Meetings of an independent team of experts under
4 Brian's Law.
5 (26) Meetings of a mortality review team appointed
6 under the Department of Juvenile Justice Mortality Review
7 Team Act.
8 (27) Confidential information, when discussed by one
9 or more members of an elder abuse fatality review team,
10 designated under Section 15 of the Elder Abuse and Neglect
11 Act, while participating in a review conducted by that team
12 of the death of an elderly person in which abuse or neglect
13 is suspected, alleged, or substantiated; provided that
14 before the review team holds a closed meeting, or closes an
15 open meeting, to discuss the confidential information,
16 each participating review team member seeking to disclose
17 the confidential information in the closed meeting or
18 closed portion of the meeting must state on the record
19 during an open meeting or the open portion of a meeting the
20 nature of the information to be disclosed and the legal
21 basis for otherwise holding that information confidential.
22 (28) Correspondence and records (i) that may not be
23 disclosed under Section 11-9 of the Public Aid Code or (ii)
24 that pertain to appeals under Section 11-8 of the Public
25 Aid Code.
26 (29) Meetings between internal or external auditors

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1 and governmental audit committees, finance committees, and
2 their equivalents, when the discussion involves internal
3 control weaknesses, identification of potential fraud risk
4 areas, known or suspected frauds, and fraud interviews
5 conducted in accordance with generally accepted auditing
6 standards of the United States of America.
7 (30) Deliberations for decisions of the Concealed
8 Carry Licensing Review Board under the Firearm Concealed
9 Carry Act.
10 (d) Definitions. For purposes of this Section:
11 "Employee" means a person employed by a public body whose
12relationship with the public body constitutes an
13employer-employee relationship under the usual common law
14rules, and who is not an independent contractor.
15 "Public office" means a position created by or under the
16Constitution or laws of this State, the occupant of which is
17charged with the exercise of some portion of the sovereign
18power of this State. The term "public office" shall include
19members of the public body, but it shall not include
20organizational positions filled by members thereof, whether
21established by law or by a public body itself, that exist to
22assist the body in the conduct of its business.
23 "Quasi-adjudicative body" means an administrative body
24charged by law or ordinance with the responsibility to conduct
25hearings, receive evidence or testimony and make
26determinations based thereon, but does not include local

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1electoral boards when such bodies are considering petition
2challenges.
3 (e) Final action. No final action may be taken at a closed
4meeting. Final action shall be preceded by a public recital of
5the nature of the matter being considered and other information
6that will inform the public of the business being conducted.
7(Source: P.A. 96-1235, eff. 1-1-11; 96-1378, eff. 7-29-10;
896-1428, eff. 8-11-10; 97-318, eff. 1-1-12; 97-333, eff.
98-12-11; 97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876,
10eff. 8-1-12.)
11 Section 120. The Freedom of Information Act is amended by
12changing Section 7.5 as follows:
13 (5 ILCS 140/7.5)
14 Sec. 7.5. Statutory Exemptions. To the extent provided for
15by the statutes referenced below, the following shall be exempt
16from inspection and copying:
17 (a) All information determined to be confidential under
18Section 4002 of the Technology Advancement and Development Act.
19 (b) Library circulation and order records identifying
20library users with specific materials under the Library Records
21Confidentiality Act.
22 (c) Applications, related documents, and medical records
23received by the Experimental Organ Transplantation Procedures
24Board and any and all documents or other records prepared by

09800SB2193ham002- 47 -LRB098 10174 MRW 46318 a
1the Experimental Organ Transplantation Procedures Board or its
2staff relating to applications it has received.
3 (d) Information and records held by the Department of
4Public Health and its authorized representatives relating to
5known or suspected cases of sexually transmissible disease or
6any information the disclosure of which is restricted under the
7Illinois Sexually Transmissible Disease Control Act.
8 (e) Information the disclosure of which is exempted under
9Section 30 of the Radon Industry Licensing Act.
10 (f) Firm performance evaluations under Section 55 of the
11Architectural, Engineering, and Land Surveying Qualifications
12Based Selection Act.
13 (g) Information the disclosure of which is restricted and
14exempted under Section 50 of the Illinois Prepaid Tuition Act.
15 (h) Information the disclosure of which is exempted under
16the State Officials and Employees Ethics Act, and records of
17any lawfully created State or local inspector general's office
18that would be exempt if created or obtained by an Executive
19Inspector General's office under that Act.
20 (i) Information contained in a local emergency energy plan
21submitted to a municipality in accordance with a local
22emergency energy plan ordinance that is adopted under Section
2311-21.5-5 of the Illinois Municipal Code.
24 (j) Information and data concerning the distribution of
25surcharge moneys collected and remitted by wireless carriers
26under the Wireless Emergency Telephone Safety Act.

09800SB2193ham002- 48 -LRB098 10174 MRW 46318 a
1 (k) Law enforcement officer identification information or
2driver identification information compiled by a law
3enforcement agency or the Department of Transportation under
4Section 11-212 of the Illinois Vehicle Code.
5 (l) Records and information provided to a residential
6health care facility resident sexual assault and death review
7team or the Executive Council under the Abuse Prevention Review
8Team Act.
9 (m) Information provided to the predatory lending database
10created pursuant to Article 3 of the Residential Real Property
11Disclosure Act, except to the extent authorized under that
12Article.
13 (n) Defense budgets and petitions for certification of
14compensation and expenses for court appointed trial counsel as
15provided under Sections 10 and 15 of the Capital Crimes
16Litigation Act. This subsection (n) shall apply until the
17conclusion of the trial of the case, even if the prosecution
18chooses not to pursue the death penalty prior to trial or
19sentencing.
20 (o) Information that is prohibited from being disclosed
21under Section 4 of the Illinois Health and Hazardous Substances
22Registry Act.
23 (p) Security portions of system safety program plans,
24investigation reports, surveys, schedules, lists, data, or
25information compiled, collected, or prepared by or for the
26Regional Transportation Authority under Section 2.11 of the

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1Regional Transportation Authority Act or the St. Clair County
2Transit District under the Bi-State Transit Safety Act.
3 (q) Information prohibited from being disclosed by the
4Personnel Records Review Act.
5 (r) Information prohibited from being disclosed by the
6Illinois School Student Records Act.
7 (s) Information the disclosure of which is restricted under
8Section 5-108 of the Public Utilities Act.
9 (t) All identified or deidentified health information in
10the form of health data or medical records contained in, stored
11in, submitted to, transferred by, or released from the Illinois
12Health Information Exchange, and identified or deidentified
13health information in the form of health data and medical
14records of the Illinois Health Information Exchange in the
15possession of the Illinois Health Information Exchange
16Authority due to its administration of the Illinois Health
17Information Exchange. The terms "identified" and
18"deidentified" shall be given the same meaning as in the Health
19Insurance Accountability and Portability Act of 1996, Public
20Law 104-191, or any subsequent amendments thereto, and any
21regulations promulgated thereunder.
22 (u) Records and information provided to an independent team
23of experts under Brian's Law.
24 (v) Names and information of people who have applied for or
25received Firearm Owner's Identification Cards under the
26Firearm Owners Identification Card Act or applied for or

09800SB2193ham002- 50 -LRB098 10174 MRW 46318 a
1received a concealed carry license under the Firearm Concealed
2Carry Act, unless otherwise authorized by the Firearm Concealed
3Carry Act; and databases under the Firearm Concealed Carry Act,
4records of the Concealed Carry Licensing Review Board under the
5Firearm Concealed Carry Act, and law enforcement agency
6objections under the Firearm Concealed Carry Act.
7 (w) Personally identifiable information which is exempted
8from disclosure under subsection (g) of Section 19.1 of the
9Toll Highway Act.
10 (x) Information which is exempted from disclosure under
11Section 5-1014.3 of the Counties Code or Section 8-11-21 of the
12Illinois Municipal Code.
13(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;
1496-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff.
158-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976,
16eff. 1-1-13.)
17 Section 122. The Secretary of State Act is amended by
18adding Section 13.5 as follows:
19 (15 ILCS 305/13.5 new)
20 Sec. 13.5. Department of State Police access to driver's
21license and identification card photographs.
22 The Secretary of State shall allow the Department of State
23Police to access the driver's license or Illinois
24Identification card photograph, if available, of an applicant

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1for a firearm concealed carry license under the Firearm
2Concealed Carry Act for the purpose of identifying the firearm
3concealed carry license applicant and issuing a license to the
4applicant.
5 Section 125. The Department of State Police Law of the
6Civil Administrative Code of Illinois is amended by changing
7Section 2605-300 and by adding Section 2605-595 as follows:
8 (20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)
9 Sec. 2605-300. Records; crime laboratories; personnel. To
10do the following:
11 (1) Be a central repository and custodian of criminal
12 statistics for the State.
13 (2) Be a central repository for criminal history record
14 information.
15 (3) Procure and file for record information that is
16 necessary and helpful to plan programs of crime prevention,
17 law enforcement, and criminal justice.
18 (4) Procure and file for record copies of fingerprints
19 that may be required by law.
20 (5) Establish general and field crime laboratories.
21 (6) Register and file for record information that may
22 be required by law for the issuance of firearm owner's
23 identification cards under the Firearm Owners
24 Identification Card Act and concealed carry licenses under

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1 the Firearm Concealed Carry Act.
2 (7) Employ polygraph operators, laboratory
3 technicians, and other specially qualified persons to aid
4 in the identification of criminal activity.
5 (8) Undertake other identification, information,
6 laboratory, statistical, or registration activities that
7 may be required by law.
8(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
9eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,
10eff. 8-14-98; 91-239, eff. 1-1-00.)
11 (20 ILCS 2605/2605-595 new)
12 Sec. 2605-595. State Police Firearm Services Fund.
13 (a) There is created in the State treasury a special fund
14known as the State Police Firearm Services Fund. The Fund shall
15receive revenue under the Firearm Concealed Carry Act and
16Section 5 of the Firearm Owners Identification Card Act. The
17Fund may also receive revenue from grants, pass-through grants,
18donations, appropriations, and any other legal source.
19 (b) The Department of State Police may use moneys in the
20Fund to finance any of its lawful purposes, mandates,
21functions, and duties under the Firearm Owners Identification
22Card Act and the Firearm Concealed Carry Act, including the
23cost of sending notices of expiration of Firearm Owner's
24Identification Cards, concealed carry licenses, the prompt and
25efficient processing of applications under the Firearm Owners

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1Identification Card Act and the Firearm Concealed Carry Act,
2the improved efficiency and reporting of the LEADS and federal
3NICS law enforcement data systems, and support for
4investigations required under these Acts and law. Any surplus
5funds beyond what is needed to comply with the aforementioned
6purposes shall be used by the Department to improve the LEADS
7and criminal history background check system.
8 (c) Investment income that is attributable to the
9investment of moneys in the Fund shall be retained in the Fund
10for the uses specified in this Section.
11 Section 130. The State Finance Act is amended by adding
12Sections 5.826, 5.827, and 6z-98 as follows:
13 (30 ILCS 105/5.826 new)
14 Sec. 5.826. The Mental Health Reporting Fund.
15 (30 ILCS 105/5.827 new)
16 Sec. 5.827. The State Police Firearm Services Fund.
17 (30 ILCS 105/6z-98 new)
18 Sec. 6z-98. The Mental Health Reporting Fund.
19 (a) There is created in the State treasury a special fund
20known as the Mental Health Reporting Fund. The Fund shall
21receive revenue under the Firearm Concealed Carry Act. The Fund
22may also receive revenue from grants, pass-through grants,

09800SB2193ham002- 54 -LRB098 10174 MRW 46318 a
1donations, appropriations, and any other legal source.
2 (b) The Department of State Police and Department of Human
3Services shall coordinate to use moneys in the Fund to finance
4their respective duties of collecting and reporting data on
5mental health records and ensuring that mental health firearm
6possession prohibitors are enforced as set forth under the
7Firearm Concealed Carry Act and the Firearm Owners
8Identification Card Act. Any surplus in the Fund beyond what is
9necessary to ensure compliance with mental health reporting
10under these Acts shall be used by the Department of Human
11Services for mental health treatment programs.
12 (c) Investment income that is attributable to the
13investment of moneys in the Fund shall be retained in the Fund
14for the uses specified in this Section.
15 (30 ILCS 105/5.206 rep.)
16 Section 135. The State Finance Act is amended by repealing
17Section 5.206.
18 Section 140. The Illinois Explosives Act is amended by
19changing Section 2005 as follows:
20 (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
21 Sec. 2005. Qualifications for licensure.
22 (a) No person shall qualify to hold a license who:
23 (1) is under 21 years of age;

09800SB2193ham002- 55 -LRB098 10174 MRW 46318 a
1 (2) has been convicted in any court of a crime
2 punishable by imprisonment for a term exceeding one year;
3 (3) is under indictment for a crime punishable by
4 imprisonment for a term exceeding one year;
5 (4) is a fugitive from justice;
6 (5) is an unlawful user of or addicted to any
7 controlled substance as defined in Section 102 of the
8 federal Controlled Substances Act (21 U.S.C. Sec. 802 et
9 seq.);
10 (6) has been adjudicated a mentally disabled person as
11 defined in Section 1.1 of the Firearm Owners Identification
12 Card Act mental defective; or
13 (7) is not a legal citizen of the United States.
14 (b) A person who has been granted a "relief from
15disabilities" regarding criminal convictions and indictments,
16pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.
17845) may receive a license provided all other qualifications
18under this Act are met.
19(Source: P.A. 96-1194, eff. 1-1-11.)
20 Section 145. The Mental Health and Developmental
21Disabilities Code is amended by changing Section 6-103.1 and by
22adding Sections 6-103.2 and 6-103.3 as follows:
23 (405 ILCS 5/6-103.1)
24 Sec. 6-103.1. Adjudication as a mentally disabled person

09800SB2193ham002- 56 -LRB098 10174 MRW 46318 a
1mental defective.
2 When a person has been adjudicated as a mentally disabled
3person mental defective as defined in Section 1.1 of the
4Firearm Owners Identification Card Act, including, but not
5limited to, an adjudication as a disabled person as defined in
6Section 11a-2 of the Probate Act of 1975, the court shall
7direct the circuit court clerk to immediately notify the
8Department of State Police, Firearm Owner's Identification
9(FOID) Office, in a form and manner prescribed by the
10Department of State Police, and shall forward a copy of the
11court order to the Department no later than 7 days after the
12entry of the order. Upon receipt of the order, the Department
13of State Police shall provide notification to the National
14Instant Criminal Background Check System.
15(Source: P.A. 97-1131, eff. 1-1-13.)
16 (405 ILCS 5/6-103.2 new)
17 Sec. 6-103.2. Developmental disability; notice.
18 For purposes of this Section, if a person is determined to
19be developmentally disabled as defined in Section 1.1 of the
20Firearm Owners Identification Card Act by a physician, clinical
21psychologist, or qualified examiner, whether practicing at a
22public or by a private mental health facility or developmental
23disability facility, the physician, clinical psychologist, or
24qualified examiner shall notify the Department of Human
25Services within 24 hours of making the determination that the

09800SB2193ham002- 57 -LRB098 10174 MRW 46318 a
1person has a developmental disability. The Department of Human
2Services shall immediately update its records and information
3relating to mental health and developmental disabilities, and
4if appropriate, shall notify the Department of State Police in
5a form and manner prescribed by the Department of State Police.
6Information disclosed under this Section shall remain
7privileged and confidential, and shall not be redisclosed,
8except as required under subsection (e) of Section 3.1 of the
9Firearm Owners Identification Card Act, nor used for any other
10purpose. The method of providing this information shall
11guarantee that the information is not released beyond that
12which is necessary for the purpose of this Section and shall be
13provided by rule by the Department of Human Services. The
14identity of the person reporting under this Section shall not
15be disclosed to the subject of the report.
16 The physician, clinical psychologist, or qualified
17examiner making the determination and his or her employer may
18not be held criminally, civilly, or professionally liable for
19making or not making the notification required under this
20Section, except for willful or wanton misconduct.
21 (405 ILCS 5/6-103.3 new)
22 Sec. 6-103.3. Clear and present danger; notice.
23 If a person is determined to pose a clear and present
24danger to himself, herself, or to others by a physician,
25clinical psychologist, or qualified examiner, whether employed

09800SB2193ham002- 58 -LRB098 10174 MRW 46318 a
1by the State, by any public or private mental health facility
2or part thereof, or by a school administrator, then the
3physician, clinical psychologist, qualified examiner shall
4notify the Department of Human Services and a law enforcement
5official or school administrator shall notify the Department of
6State Police, within 24 hours of making the determination that
7the person poses a clear and present danger. The Department of
8Human Services shall immediately update its records and
9information relating to mental health and developmental
10disabilities, and if appropriate, shall notify the Department
11of State Police in a form and manner prescribed by the
12Department of State Police. Information disclosed under this
13Section shall remain privileged and confidential, and shall not
14be redisclosed, except as required under subsection (e) of
15Section 3.1 of the Firearm Owners Identification Card Act, nor
16used for any other purpose. The method of providing this
17information shall guarantee that the information is not
18released beyond that which is necessary for the purpose of this
19Section and shall be provided by rule by the Department of
20Human Services. The identity of the person reporting under this
21Section shall not be disclosed to the subject of the report.
22The physician, clinical psychologist, qualified examiner, law
23enforcement official, or school administrator making the
24determination and his or her employer shall not be held
25criminally, civilly, or professionally liable for making or not
26making the notification required under this Section, except for

09800SB2193ham002- 59 -LRB098 10174 MRW 46318 a
1willful or wanton misconduct. This Section does not apply to a
2law enforcement official, if making the notification under this
3Section will interfere with an ongoing or pending criminal
4investigation.
5 For the purposes of this Section:
6 "Clear and present danger" has the meaning ascribed to
7 it in Section 1.1 of the Firearm Owners Identification Card
8 Act.
9 "School administrator" means the person required to
10 report under the School Administrator Reporting of Mental
11 Health Clear and Present Danger Determinations Law.
12 Section 150. The Firearm Owners Identification Card Act is
13amended by changing Sections 1.1, 3.1, 4, 5, 8, 8.1, 9, 10, and
1413.2 and by adding Sections 5.1 and 9.5 as follows:
15 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
16 (Text of Section before amendment by P.A. 97-1167)
17 Sec. 1.1. For purposes of this Act:
18 "Addicted to narcotics" means a person who has been:
19 (1) convicted of an offense involving the use or
20 possession of cannabis, a controlled substance, or
21 methamphetamine within the past year; or
22 (2) determined by the Department of State Police to be
23 addicted to narcotics based upon federal law or federal
24 guidelines.

09800SB2193ham002- 60 -LRB098 10174 MRW 46318 a
1 "Addicted to narcotics" does not include possession or use
2of a prescribed controlled substance under the direction and
3authority of a physician or other person authorized to
4prescribe the controlled substance when the controlled
5substance is used in the prescribed manner.
6 "Adjudicated Has been adjudicated as a mentally disabled
7person mental defective" means the person is the subject of a
8determination by a court, board, commission or other lawful
9authority that the a person, as a result of marked subnormal
10intelligence, or mental illness, mental impairment,
11incompetency, condition, or disease:
12 (1) presents a clear and present is a danger to
13 himself, herself, or to others;
14 (2) lacks the mental capacity to manage his or her own
15 affairs or is adjudicated a disabled person as defined in
16 Section 11a-2 of the Probate Act of 1975;
17 (3) is not guilty in a criminal case by reason of
18 insanity, mental disease or defect;
19 (3.5) is guilty but mentally ill, as provided in
20 Section 5-2-6 of the Unified Code of Corrections;
21 (4) is incompetent to stand trial in a criminal case;
22 (5) is not guilty by reason of lack of mental
23 responsibility under pursuant to Articles 50a and 72b of
24 the Uniform Code of Military Justice, 10 U.S.C. 850a,
25 876b; .
26 (6) is a sexually violent person under subsection (f)

09800SB2193ham002- 61 -LRB098 10174 MRW 46318 a
1 of Section 5 of the Sexually Violent Persons Commitment
2 Act;
3 (7) has been found to be a sexually dangerous person
4 under the Sexually Dangerous Persons Act;
5 (8) is unfit to stand trial under the Juvenile Court
6 Act of 1987;
7 (9) is not guilty by reason of insanity under the
8 Juvenile court Act of 1987;
9 (10) is subject to involuntary admission on an
10 inpatient as defined in Section 1-119 of the Mental Health
11 and Development Disabilities Code;
12 (11) is subject to involuntary admission on an
13 outpatient as defined in Section 1-119.1 of the Mental
14 Health and Developmental Disabilities Code;
15 (12) is subject to judicial admission as set forth in
16 Section 4-500 of the Mental Health and Developmental
17 Disabilities Code; or
18 (13) is subject to the provisions of the Interstate
19 Agreements on Sexually Dangerous Persons Act.
20 "Clear and present danger" means a person who:
21 (1) communicates a serious threat of physical violence
22 against a reasonably identifiable victim or poses a clear
23 and imminent risk of serious physical injury to himself,
24 herself, or another person as determined by a physician,
25 clinical psychologist, or qualified examiner; or
26 (2) demonstrates threatening physical or verbal

09800SB2193ham002- 62 -LRB098 10174 MRW 46318 a
1 behavior, such as violent, suicidal, or assaultive
2 threats, actions, or other behavior, as determined by a
3 physician, clinical psychologist, qualified examiner,
4 school administrator, or law enforcement official.
5 "Clinical psychologist" has the meaning provided in
6Section 1-103 of the Mental Health and Developmental
7Disabilities Code.
8 "Controlled substance" means a controlled substance or
9controlled substance analog as defined in the Illinois
10Controlled Substances Act.
11 "Counterfeit" means to copy or imitate, without legal
12authority, with intent to deceive.
13 "Developmentally disabled" means a disability which is
14attributable to any other condition which results in impairment
15similar to that caused by an intellectual disability and which
16requires services similar to those required by intellectually
17disabled persons. The disability must originate before the age
18of 18 years, be expected to continue indefinitely, and
19constitute a substantial handicap.
20 "Federally licensed firearm dealer" means a person who is
21licensed as a federal firearms dealer under Section 923 of the
22federal Gun Control Act of 1968 (18 U.S.C. 923).
23 "Firearm" means any device, by whatever name known, which
24is designed to expel a projectile or projectiles by the action
25of an explosion, expansion of gas or escape of gas; excluding,
26however:

09800SB2193ham002- 63 -LRB098 10174 MRW 46318 a
1 (1) any pneumatic gun, spring gun, paint ball gun, or
2 B-B gun which expels a single globular projectile not
3 exceeding .18 inch in diameter or which has a maximum
4 muzzle velocity of less than 700 feet per second;
5 (1.1) any pneumatic gun, spring gun, paint ball gun, or
6 B-B gun which expels breakable paint balls containing
7 washable marking colors;
8 (2) any device used exclusively for signalling or
9 safety and required or recommended by the United States
10 Coast Guard or the Interstate Commerce Commission;
11 (3) any device used exclusively for the firing of stud
12 cartridges, explosive rivets or similar industrial
13 ammunition; and
14 (4) an antique firearm (other than a machine-gun)
15 which, although designed as a weapon, the Department of
16 State Police finds by reason of the date of its
17 manufacture, value, design, and other characteristics is
18 primarily a collector's item and is not likely to be used
19 as a weapon.
20 "Firearm ammunition" means any self-contained cartridge or
21shotgun shell, by whatever name known, which is designed to be
22used or adaptable to use in a firearm; excluding, however:
23 (1) any ammunition exclusively designed for use with a
24 device used exclusively for signalling or safety and
25 required or recommended by the United States Coast Guard or
26 the Interstate Commerce Commission; and

09800SB2193ham002- 64 -LRB098 10174 MRW 46318 a
1 (2) any ammunition designed exclusively for use with a
2 stud or rivet driver or other similar industrial
3 ammunition.
4 "Gun show" means an event or function:
5 (1) at which the sale and transfer of firearms is the
6 regular and normal course of business and where 50 or more
7 firearms are displayed, offered, or exhibited for sale,
8 transfer, or exchange; or
9 (2) at which not less than 10 gun show vendors display,
10 offer, or exhibit for sale, sell, transfer, or exchange
11 firearms.
12 "Gun show" includes the entire premises provided for an
13event or function, including parking areas for the event or
14function, that is sponsored to facilitate the purchase, sale,
15transfer, or exchange of firearms as described in this Section.
16 "Gun show" does not include training or safety classes,
17competitive shooting events, such as rifle, shotgun, or handgun
18matches, trap, skeet, or sporting clays shoots, dinners,
19banquets, raffles, or any other event where the sale or
20transfer of firearms is not the primary course of business.
21 "Gun show promoter" means a person who organizes or
22operates a gun show.
23 "Gun show vendor" means a person who exhibits, sells,
24offers for sale, transfers, or exchanges any firearms at a gun
25show, regardless of whether the person arranges with a gun show
26promoter for a fixed location from which to exhibit, sell,

09800SB2193ham002- 65 -LRB098 10174 MRW 46318 a
1offer for sale, transfer, or exchange any firearm.
2 "Intellectually disabled" means significantly subaverage
3general intellectual functioning which exists concurrently
4with impairment in adaptive behavior and which originates
5before the age of 18 years.
6 "Involuntarily admitted" has the meaning as prescribed in
7Sections 1-119 and 1-119.1 of the Mental Health and
8Developmental Disabilities Code.
9 "Mental health facility" means any licensed private
10hospital or hospital affiliate, institution, or facility, or
11part thereof, and any facility, or part thereof, operated by
12the State or a political subdivision thereof which provide
13treatment of persons with mental illness and includes all
14hospitals, institutions, clinics, evaluation facilities,
15mental health centers, colleges, universities, long-term care
16facilities, and nursing homes, or parts thereof, which provide
17treatment of persons with mental illness whether or not the
18primary purpose is to provide treatment of persons with mental
19illness.
20 "Patient" means:
21 (1) a person who voluntarily receives mental health
22 treatment as an in-patient or resident of any public or
23 private mental health facility, unless the treatment was
24 solely for an alcohol abuse disorder and no other secondary
25 substance abuse disorder or mental illness; or
26 (2) a person who voluntarily receives mental health

09800SB2193ham002- 66 -LRB098 10174 MRW 46318 a
1 treatment as an out-patient or is provided services by a
2 public or private mental health facility, and who poses a
3 clear and present danger to himself, herself, or to others.
4 "Physician" has the meaning as defined in Section 1-120 of
5the Mental Health and Developmental Disabilities Code.
6 "Qualified examiner" has the meaning provided in Section
71-122 of the Mental Health and Developmental Disabilities Code.
8 "Sanctioned competitive shooting event" means a shooting
9contest officially recognized by a national or state shooting
10sport association, and includes any sight-in or practice
11conducted in conjunction with the event.
12 "School administrator" means the person required to report
13under the School Administrator Reporting of Mental Health Clear
14and Present Danger Determinations Law.
15 "Stun gun or taser" has the meaning ascribed to it in
16Section 24-1 of the Criminal Code of 2012.
17(Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13.)
18 (Text of Section after amendment by P.A. 97-1167)
19 Sec. 1.1. For purposes of this Act:
20 "Addicted to narcotics" means a person who has been:
21 (1) convicted of an offense involving the use or
22 possession of cannabis, a controlled substance, or
23 methamphetamine within the past year; or
24 (2) determined by the Department of State Police to be
25 addicted to narcotics based upon federal law or federal

09800SB2193ham002- 67 -LRB098 10174 MRW 46318 a
1 guidelines.
2 "Addicted to narcotics" does not include possession or use
3of a prescribed controlled substance under the direction and
4authority of a physician or other person authorized to
5prescribe the controlled substance when the controlled
6substance is used in the prescribed manner.
7 "Adjudicated Has been adjudicated as a mentally disabled
8person mental defective" means the person is the subject of a
9determination by a court, board, commission or other lawful
10authority that the a person, as a result of marked subnormal
11intelligence, or mental illness, mental impairment,
12incompetency, condition, or disease:
13 (1) presents a clear and present is a danger to
14 himself, herself, or to others;
15 (2) lacks the mental capacity to manage his or her own
16 affairs or is adjudicated a disabled person as defined in
17 Section 11a-2 of the Probate Act of 1975;
18 (3) is not guilty in a criminal case by reason of
19 insanity, mental disease or defect;
20 (3.5) is guilty but mentally ill, as provided in
21 Section 5-2-6 of the Unified Code of Corrections;
22 (4) is incompetent to stand trial in a criminal case;
23 (5) is not guilty by reason of lack of mental
24 responsibility under pursuant to Articles 50a and 72b of
25 the Uniform Code of Military Justice, 10 U.S.C. 850a,
26 876b; .

09800SB2193ham002- 68 -LRB098 10174 MRW 46318 a
1 (6) has been found to be a sexually violent person
2 under the Sexually Violent Persons Commitment Act;
3 (7) is a sexually dangerous person under subsection (f)
4 of Section 5 of the Sexually Dangerous Persons Act; or
5 (8) is unfit to stand trial under the Juvenile Court
6 Act of 1987;
7 (9) is not guilty by reason of insanity under the
8 Juvenile court Act of 1987;
9 (10) is subject to involuntary admission on an
10 inpatient as defined in Section 1-119 of the Mental Health
11 and Development Disabilities Code;
12 (11) is subject to involuntary admission on an
13 outpatient as defined in Section 1-119.1 of the Mental
14 Health and Developmental Disabilities Code;
15 (12) is subject to judicial admission as set forth in
16 Section 4-500 of the Mental Health and Developmental
17 Disabilities Code; or
18 (13) is subject to the provisions of the Interstate
19 Agreements on Sexually Dangerous Persons Act.
20 "Clear and present danger" means a person:
21 (1) communicates a serious threat of physical violence
22 against a reasonably identifiable victim or poses a clear
23 and imminent risk of serious physical injury to himself,
24 herself, or another person as determined by a physician,
25 clinical psychologist, or qualified examiner; or
26 (2) demonstrates threatening physical or verbal

09800SB2193ham002- 69 -LRB098 10174 MRW 46318 a
1 behavior, such as violent, suicidal, or assaultive
2 threats, actions, or other behavior, as determined by a
3 physician, clinical psychologist, qualified examiner,
4 school administrator, or law enforcement official.
5 "Clinical psychologist" has the meaning provided in
6Section 1-103 of the Mental Health and Developmental
7Disabilities Code.
8 "Controlled substance" means a controlled substance or
9controlled substance analog as defined in the Illinois
10Controlled Substances Act.
11 "Counterfeit" means to copy or imitate, without legal
12authority, with intent to deceive.
13 "Developmentally disabled" means a disability which is
14attributable to any other condition which results in impairment
15similar to that caused by an intellectual disability and which
16requires services similar to those required by intellectually
17disabled persons. The disability must originate before the age
18of 18 years, be expected to continue indefinitely, and
19constitute a substantial handicap.
20 "Federally licensed firearm dealer" means a person who is
21licensed as a federal firearms dealer under Section 923 of the
22federal Gun Control Act of 1968 (18 U.S.C. 923).
23 "Firearm" means any device, by whatever name known, which
24is designed to expel a projectile or projectiles by the action
25of an explosion, expansion of gas or escape of gas; excluding,
26however:

09800SB2193ham002- 70 -LRB098 10174 MRW 46318 a
1 (1) any pneumatic gun, spring gun, paint ball gun, or
2 B-B gun which expels a single globular projectile not
3 exceeding .18 inch in diameter or which has a maximum
4 muzzle velocity of less than 700 feet per second;
5 (1.1) any pneumatic gun, spring gun, paint ball gun, or
6 B-B gun which expels breakable paint balls containing
7 washable marking colors;
8 (2) any device used exclusively for signalling or
9 safety and required or recommended by the United States
10 Coast Guard or the Interstate Commerce Commission;
11 (3) any device used exclusively for the firing of stud
12 cartridges, explosive rivets or similar industrial
13 ammunition; and
14 (4) an antique firearm (other than a machine-gun)
15 which, although designed as a weapon, the Department of
16 State Police finds by reason of the date of its
17 manufacture, value, design, and other characteristics is
18 primarily a collector's item and is not likely to be used
19 as a weapon.
20 "Firearm ammunition" means any self-contained cartridge or
21shotgun shell, by whatever name known, which is designed to be
22used or adaptable to use in a firearm; excluding, however:
23 (1) any ammunition exclusively designed for use with a
24 device used exclusively for signalling or safety and
25 required or recommended by the United States Coast Guard or
26 the Interstate Commerce Commission; and

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

09800SB2193ham002- 72 -LRB098 10174 MRW 46318 a
1offer for sale, transfer, or exchange any firearm.
2 "Intellectually disabled" means significantly subaverage
3general intellectual functioning which exists concurrently
4with impairment in adaptive behavior and which originates
5before the age of 18 years.
6 "Involuntarily admitted" has the meaning as prescribed in
7Sections 1-119 and 1-119.1 of the Mental Health and
8Developmental Disabilities Code.
9 "Mental health facility institution" means any licensed
10private hospital, or hospital affiliate, institution, or
11facility, or part thereof, and any facility, or part thereof,
12operated by the State or a political subdivision thereof which
13provide clinic, evaluation facility, mental health center, or
14part thereof, which is used primarily for the care or treatment
15of persons with mental illness and includes all hospitals,
16institutions, clinics, evaluation facilities, mental health
17centers, colleges, universities, long-term care facilities,
18and nursing homes, or parts thereof, which provide treatment of
19persons with mental illness whether or not the primary purpose
20is to provide treatment of persons with mental illness.
21 "Patient" means:
22 (1) a person who voluntarily receives mental health
23 treatment as an in-patient or resident of any public or
24 private mental health facility, unless the treatment was
25 solely for an alcohol abuse disorder and no other secondary
26 substance abuse disorder or mental illness; or

09800SB2193ham002- 73 -LRB098 10174 MRW 46318 a
1 (2) a person who voluntarily receives mental health
2 treatment as an out-patient or is provided services by a
3 public or private mental health facility, and who poses a
4 clear and present danger to himself, herself, or to others.
5 "Physician" has the meaning as defined in Section 1-120 of
6the Mental Health and Developmental Disabilities Code.
7 "Qualified examiner" has the meaning provided in Section
81-122 of the Mental Health and Developmental Disabilities Code.
9 "Patient in a mental institution" means the person was
10admitted, either voluntarily or involuntarily, to a mental
11institution for mental health treatment, unless the treatment
12was voluntary and solely for an alcohol abuse disorder and no
13other secondary substance abuse disorder or mental illness.
14 "Sanctioned competitive shooting event" means a shooting
15contest officially recognized by a national or state shooting
16sport association, and includes any sight-in or practice
17conducted in conjunction with the event.
18 "School administrator" means the person required to report
19under the School Administrator Reporting of Mental Health Clear
20and Present Danger Determinations Law.
21 "Stun gun or taser" has the meaning ascribed to it in
22Section 24-1 of the Criminal Code of 2012.
23(Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13;
2497-1167, eff. 6-1-13.)
25 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)

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1 Sec. 3.1. Dial up system.
2 (a) The Department of State Police shall provide a dial up
3telephone system or utilize other existing technology which
4shall be used by any federally licensed firearm dealer, gun
5show promoter, or gun show vendor who is to transfer a firearm,
6stun gun, or taser under the provisions of this Act. The
7Department of State Police may utilize existing technology
8which allows the caller to be charged a fee not to exceed $2.
9Fees collected by the Department of State Police shall be
10deposited in the State Police Services Fund and used to provide
11the service.
12 (b) Upon receiving a request from a federally licensed
13firearm dealer, gun show promoter, or gun show vendor, the
14Department of State Police shall immediately approve, or within
15the time period established by Section 24-3 of the Criminal
16Code of 2012 regarding the delivery of firearms, stun guns, and
17tasers notify the inquiring dealer, gun show promoter, or gun
18show vendor of any objection that would disqualify the
19transferee from acquiring or possessing a firearm, stun gun, or
20taser. In conducting the inquiry, the Department of State
21Police shall initiate and complete an automated search of its
22criminal history record information files and those of the
23Federal Bureau of Investigation, including the National
24Instant Criminal Background Check System, and of the files of
25the Department of Human Services relating to mental health and
26developmental disabilities to obtain any felony conviction or

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1patient hospitalization information which would disqualify a
2person from obtaining or require revocation of a currently
3valid Firearm Owner's Identification Card.
4 (c) If receipt of a firearm would not violate Section 24-3
5of the Criminal Code of 2012, federal law, or this Act the
6Department of State Police shall:
7 (1) assign a unique identification number to the
8 transfer; and
9 (2) provide the licensee, gun show promoter, or gun
10 show vendor with the number.
11 (d) Approvals issued by the Department of State Police for
12the purchase of a firearm are valid for 30 days from the date
13of issue.
14 (e) (1) The Department of State Police must act as the
15Illinois Point of Contact for the National Instant Criminal
16Background Check System.
17 (2) The Department of State Police and the Department of
18Human Services shall, in accordance with State and federal law
19regarding confidentiality, enter into a memorandum of
20understanding with the Federal Bureau of Investigation for the
21purpose of implementing the National Instant Criminal
22Background Check System in the State. The Department of State
23Police shall report the name, date of birth, and physical
24description of any person prohibited from possessing a firearm
25pursuant to the Firearm Owners Identification Card Act or 18
26U.S.C. 922(g) and (n) to the National Instant Criminal

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1Background Check System Index, Denied Persons Files.
2 (3) The Department of State Police shall provide notice of
3the disqualification of a person under subsection (b) of this
4Section or the revocation of a person's Firearm Owner's
5Identification Card under Section 8 of this Act, and the reason
6for the disqualification or revocation, to all law enforcement
7agencies with jurisdiction to assist with the seizure of the
8person's Firearm Owner's Identification Card.
9 (f) The Department of State Police shall adopt promulgate
10rules not inconsistent with this Section to implement this
11system.
12(Source: P.A. 97-1150, eff. 1-25-13.)
13 (430 ILCS 65/4) (from Ch. 38, par. 83-4)
14 (Text of Section before amendment by P.A. 97-1167)
15 Sec. 4. (a) Each applicant for a Firearm Owner's
16Identification Card must:
17 (1) Make application on blank forms prepared and
18 furnished at convenient locations throughout the State by
19 the Department of State Police, or by electronic means, if
20 and when made available by the Department of State Police;
21 and
22 (2) Submit evidence to the Department of State Police
23 that:
24 (i) He or she is 21 years of age or over, or if he
25 or she is under 21 years of age that he or she has the

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

09800SB2193ham002- 78 -LRB098 10174 MRW 46318 a
1 firearm;
2 (viii) He or she has not been convicted within the
3 past 5 years of battery, assault, aggravated assault,
4 violation of an order of protection, or a substantially
5 similar offense in another jurisdiction, in which a
6 firearm was used or possessed;
7 (ix) He or she has not been convicted of domestic
8 battery, aggravated domestic battery, or a
9 substantially similar offense in another jurisdiction
10 committed before, on or after January 1, 2012 (the
11 effective date of Public Act 97-158). If the applicant
12 knowingly and intelligently waives the right to have an
13 offense described in this clause (ix) tried by a jury,
14 and by guilty plea or otherwise, results in a
15 conviction for an offense in which a domestic
16 relationship is not a required element of the offense
17 but in which a determination of the applicability of 18
18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
19 Code of Criminal Procedure of 1963, an entry by the
20 court of a judgment of conviction for that offense
21 shall be grounds for denying the issuance of a Firearm
22 Owner's Identification Card under this Section;
23 (x) (Blank);
24 (xi) He or she is not an alien who has been
25 admitted to the United States under a non-immigrant
26 visa (as that term is defined in Section 101(a)(26) of

09800SB2193ham002- 79 -LRB098 10174 MRW 46318 a
1 the Immigration and Nationality Act (8 U.S.C.
2 1101(a)(26))), or that he or she is an alien who has
3 been lawfully admitted to the United States under a
4 non-immigrant visa if that alien is:
5 (1) admitted to the United States for lawful
6 hunting or sporting purposes;
7 (2) an official representative of a foreign
8 government who is:
9 (A) accredited to the United States
10 Government or the Government's mission to an
11 international organization having its
12 headquarters in the United States; or
13 (B) en route to or from another country to
14 which that alien is accredited;
15 (3) an official of a foreign government or
16 distinguished foreign visitor who has been so
17 designated by the Department of State;
18 (4) a foreign law enforcement officer of a
19 friendly foreign government entering the United
20 States on official business; or
21 (5) one who has received a waiver from the
22 Attorney General of the United States pursuant to
23 18 U.S.C. 922(y)(3);
24 (xii) He or she is not a minor subject to a
25 petition filed under Section 5-520 of the Juvenile
26 Court Act of 1987 alleging that the minor is a

09800SB2193ham002- 80 -LRB098 10174 MRW 46318 a
1 delinquent minor for the commission of an offense that
2 if committed by an adult would be a felony;
3 (xiii) He or she is not an adult who had been
4 adjudicated a delinquent minor under the Juvenile
5 Court Act of 1987 for the commission of an offense that
6 if committed by an adult would be a felony; and
7 (xiv) He or she is a resident of the State of
8 Illinois; and
9 (xv) He or she has not been adjudicated as a
10 mentally disabled person;
11 (xvi) He or she has not been involuntarily admitted
12 into a mental health facility; and
13 (xvii) He or she is not developmentally disabled;
14 and
15 (3) Upon request by the Department of State Police,
16 sign a release on a form prescribed by the Department of
17 State Police waiving any right to confidentiality and
18 requesting the disclosure to the Department of State Police
19 of limited mental health institution admission information
20 from another state, the District of Columbia, any other
21 territory of the United States, or a foreign nation
22 concerning the applicant for the sole purpose of
23 determining whether the applicant is or was a patient in a
24 mental health institution and disqualified because of that
25 status from receiving a Firearm Owner's Identification
26 Card. No mental health care or treatment records may be

09800SB2193ham002- 81 -LRB098 10174 MRW 46318 a
1 requested. The information received shall be destroyed
2 within one year of receipt.
3 (a-5) Each applicant for a Firearm Owner's Identification
4Card who is over the age of 18 shall furnish to the Department
5of State Police either his or her Illinois driver's license
6number or Illinois Identification Card number, except as
7provided in subsection (a-10).
8 (a-10) Each applicant for a Firearm Owner's Identification
9Card, who is employed as a law enforcement officer, an armed
10security officer in Illinois, or by the United States Military
11permanently assigned in Illinois and who is not an Illinois
12resident, shall furnish to the Department of State Police his
13or her driver's license number or state identification card
14number from his or her state of residence. The Department of
15State Police may adopt promulgate rules to enforce the
16provisions of this subsection (a-10).
17 (a-15) If an applicant applying for a Firearm Owner's
18Identification Card moves from the residence address named in
19the application, he or she shall immediately notify in a form
20and manner prescribed by the Department of State Police of that
21change of address.
22 (a-20) Each applicant for a Firearm Owner's Identification
23Card shall furnish to the Department of State Police his or her
24photograph. An applicant who is 21 years of age or older
25seeking a religious exemption to the photograph requirement
26must furnish with the application an approved copy of United

09800SB2193ham002- 82 -LRB098 10174 MRW 46318 a
1States Department of the Treasury Internal Revenue Service Form
24029. In lieu of a photograph, an applicant regardless of age
3seeking a religious exemption to the photograph requirement
4shall submit fingerprints on a form and manner prescribed by
5the Department with his or her application.
6 (b) Each application form shall include the following
7statement printed in bold type: "Warning: Entering false
8information on an application for a Firearm Owner's
9Identification Card is punishable as a Class 2 felony in
10accordance with subsection (d-5) of Section 14 of the Firearm
11Owners Identification Card Act.".
12 (c) Upon such written consent, pursuant to Section 4,
13paragraph (a)(2)(i), the parent or legal guardian giving the
14consent shall be liable for any damages resulting from the
15applicant's use of firearms or firearm ammunition.
16(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,
17eff. 7-13-12; 97-1131, eff. 1-1-13.)
18 (Text of Section after amendment by P.A. 97-1167)
19 Sec. 4. (a) Each applicant for a Firearm Owner's
20Identification Card must:
21 (1) Make application on blank forms prepared and
22 furnished at convenient locations throughout the State by
23 the Department of State Police, or by electronic means, if
24 and when made available by the Department of State Police;
25 and

09800SB2193ham002- 83 -LRB098 10174 MRW 46318 a
1 (2) Submit evidence to the Department of State Police
2 that:
3 (i) He or she is 21 years of age or over, or if he
4 or she is under 21 years of age that he or she has the
5 written consent of his or her parent or legal guardian
6 to possess and acquire firearms and firearm ammunition
7 and that he or she has never been convicted of a
8 misdemeanor other than a traffic offense or adjudged
9 delinquent, provided, however, that such parent or
10 legal guardian is not an individual prohibited from
11 having a Firearm Owner's Identification Card and files
12 an affidavit with the Department as prescribed by the
13 Department stating that he or she is not an individual
14 prohibited from having a Card;
15 (ii) He or she has not been convicted of a felony
16 under the laws of this or any other jurisdiction;
17 (iii) He or she is not addicted to narcotics;
18 (iv) He or she has not been a patient in a mental
19 health facility institution within the past 5 years or,
20 if he or she has been a patient in a mental health
21 facility more than 5 years ago submit the certification
22 required under subsection (u) of Section 8 of this Act;
23 (v) He or she is not intellectually disabled;
24 (vi) He or she is not an alien who is unlawfully
25 present in the United States under the laws of the
26 United States;

09800SB2193ham002- 84 -LRB098 10174 MRW 46318 a
1 (vii) He or she is not subject to an existing order
2 of protection prohibiting him or her from possessing a
3 firearm;
4 (viii) He or she has not been convicted within the
5 past 5 years of battery, assault, aggravated assault,
6 violation of an order of protection, or a substantially
7 similar offense in another jurisdiction, in which a
8 firearm was used or possessed;
9 (ix) He or she has not been convicted of domestic
10 battery, aggravated domestic battery, or a
11 substantially similar offense in another jurisdiction
12 committed before, on or after January 1, 2012 (the
13 effective date of Public Act 97-158). If the applicant
14 knowingly and intelligently waives the right to have an
15 offense described in this clause (ix) tried by a jury,
16 and by guilty plea or otherwise, results in a
17 conviction for an offense in which a domestic
18 relationship is not a required element of the offense
19 but in which a determination of the applicability of 18
20 U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
21 Code of Criminal Procedure of 1963, an entry by the
22 court of a judgment of conviction for that offense
23 shall be grounds for denying the issuance of a Firearm
24 Owner's Identification Card under this Section;
25 (x) (Blank);
26 (xi) He or she is not an alien who has been

09800SB2193ham002- 85 -LRB098 10174 MRW 46318 a
1 admitted to the United States under a non-immigrant
2 visa (as that term is defined in Section 101(a)(26) of
3 the Immigration and Nationality Act (8 U.S.C.
4 1101(a)(26))), or that he or she is an alien who has
5 been lawfully admitted to the United States under a
6 non-immigrant visa if that alien is:
7 (1) admitted to the United States for lawful
8 hunting or sporting purposes;
9 (2) an official representative of a foreign
10 government who is:
11 (A) accredited to the United States
12 Government or the Government's mission to an
13 international organization having its
14 headquarters in the United States; or
15 (B) en route to or from another country to
16 which that alien is accredited;
17 (3) an official of a foreign government or
18 distinguished foreign visitor who has been so
19 designated by the Department of State;
20 (4) a foreign law enforcement officer of a
21 friendly foreign government entering the United
22 States on official business; or
23 (5) one who has received a waiver from the
24 Attorney General of the United States pursuant to
25 18 U.S.C. 922(y)(3);
26 (xii) He or she is not a minor subject to a

09800SB2193ham002- 86 -LRB098 10174 MRW 46318 a
1 petition filed under Section 5-520 of the Juvenile
2 Court Act of 1987 alleging that the minor is a
3 delinquent minor for the commission of an offense that
4 if committed by an adult would be a felony;
5 (xiii) He or she is not an adult who had been
6 adjudicated a delinquent minor under the Juvenile
7 Court Act of 1987 for the commission of an offense that
8 if committed by an adult would be a felony;
9 (xiv) He or she is a resident of the State of
10 Illinois; and
11 (xv) He or she has not been adjudicated as a
12 mentally disabled person mental defective; and
13 (xvi) He or she has not been involuntarily admitted
14 into a mental health facility; and
15 (xvii) He or she is not developmentally disabled;
16 and
17 (3) Upon request by the Department of State Police,
18 sign a release on a form prescribed by the Department of
19 State Police waiving any right to confidentiality and
20 requesting the disclosure to the Department of State Police
21 of limited mental health institution admission information
22 from another state, the District of Columbia, any other
23 territory of the United States, or a foreign nation
24 concerning the applicant for the sole purpose of
25 determining whether the applicant is or was a patient in a
26 mental health institution and disqualified because of that

09800SB2193ham002- 87 -LRB098 10174 MRW 46318 a
1 status from receiving a Firearm Owner's Identification
2 Card. No mental health care or treatment records may be
3 requested. The information received shall be destroyed
4 within one year of receipt.
5 (a-5) Each applicant for a Firearm Owner's Identification
6Card who is over the age of 18 shall furnish to the Department
7of State Police either his or her Illinois driver's license
8number or Illinois Identification Card number, except as
9provided in subsection (a-10).
10 (a-10) Each applicant for a Firearm Owner's Identification
11Card, who is employed as a law enforcement officer, an armed
12security officer in Illinois, or by the United States Military
13permanently assigned in Illinois and who is not an Illinois
14resident, shall furnish to the Department of State Police his
15or her driver's license number or state identification card
16number from his or her state of residence. The Department of
17State Police may adopt promulgate rules to enforce the
18provisions of this subsection (a-10).
19 (a-15) If an applicant applying for a Firearm Owner's
20Identification Card moves from the residence address named in
21the application, he or she shall immediately notify in a form
22and manner prescribed by the Department of State Police of that
23change of address.
24 (a-20) Each applicant for a Firearm Owner's Identification
25Card shall furnish to the Department of State Police his or her
26photograph. An applicant who is 21 years of age or older

09800SB2193ham002- 88 -LRB098 10174 MRW 46318 a
1seeking a religious exemption to the photograph requirement
2must furnish with the application an approved copy of United
3States Department of the Treasury Internal Revenue Service Form
44029. In lieu of a photograph, an applicant regardless of age
5seeking a religious exemption to the photograph requirement
6shall submit fingerprints on a form and manner prescribed by
7the Department with his or her application.
8 (b) Each application form shall include the following
9statement printed in bold type: "Warning: Entering false
10information on an application for a Firearm Owner's
11Identification Card is punishable as a Class 2 felony in
12accordance with subsection (d-5) of Section 14 of the Firearm
13Owners Identification Card Act.".
14 (c) Upon such written consent, pursuant to Section 4,
15paragraph (a)(2)(i), the parent or legal guardian giving the
16consent shall be liable for any damages resulting from the
17applicant's use of firearms or firearm ammunition.
18(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,
19eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13.)
20 (430 ILCS 65/5) (from Ch. 38, par. 83-5)
21 Sec. 5. The Department of State Police shall either approve
22or deny all applications within 30 days from the date they are
23received, and every applicant found qualified under pursuant to
24Section 8 of this Act by the Department shall be entitled to a
25Firearm Owner's Identification Card upon the payment of a $10

09800SB2193ham002- 89 -LRB098 10174 MRW 46318 a
1fee. Any applicant who is an active duty member of the Armed
2Forces of the United States, a member of the Illinois National
3Guard, or a member of the Reserve Forces of the United States
4is exempt from the application fee. $6 of each fee derived from
5the issuance of Firearm Owner's Identification Cards, or
6renewals thereof, shall be deposited in the Wildlife and Fish
7Fund in the State Treasury; $1 of the such fee shall be
8deposited in the State Police Services Fund and $3 of the such
9fee shall be deposited in the State Police Firearm Services
10Fund. Firearm Owner's Notification Fund. Monies in the Firearm
11Owner's Notification Fund shall be used exclusively to pay for
12the cost of sending notices of expiration of Firearm Owner's
13Identification Cards under Section 13.2 of this Act. Excess
14monies in the Firearm Owner's Notification Fund shall be used
15to ensure the prompt and efficient processing of applications
16received under Section 4 of this Act.
17(Source: P.A. 95-581, eff. 6-1-08; 96-91, eff. 7-27-09.)
18 (430 ILCS 65/5.1 new)
19 Sec. 5.1. State Police Firearm Services Fund. All moneys
20remaining in the Firearm Owner's Notification Fund on the
21effective date of this amendatory Act of the 98th General
22Assembly shall be transferred into the State Police Firearm
23Services Fund, a special fund created in the State treasury, to
24be expended by the Department of State Police, for the purposes
25specified in this Act and Section 2605-595 of the Department of

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1State Police Law of the Civil Administrative Code of Illinois.
2 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
3 (Text of Section before amendment by P.A. 97-1167)
4 Sec. 8. The Department of State Police has authority to
5deny an application for or to revoke and seize a Firearm
6Owner's Identification Card previously issued under this Act
7only if the Department finds that the applicant or the person
8to whom such card was issued is or was at the time of issuance:
9 (a) A person under 21 years of age who has been convicted
10of a misdemeanor other than a traffic offense or adjudged
11delinquent;
12 (b) A person under 21 years of age who does not have the
13written consent of his parent or guardian to acquire and
14possess firearms and firearm ammunition, or whose parent or
15guardian has revoked such written consent, or where such parent
16or guardian does not qualify to have a Firearm Owner's
17Identification Card;
18 (c) A person convicted of a felony under the laws of this
19or any other jurisdiction;
20 (d) A person addicted to narcotics;
21 (e) A person who has been a patient of a mental health
22facility institution within the past 5 years or a person who
23has been a patient in a mental health facility more than 5
24years ago who has not received the certification required under
25subsection (u) of this Section. An active law enforcement

09800SB2193ham002- 91 -LRB098 10174 MRW 46318 a
1officer employed by a unit of government who is denied,
2revoked, or has his or her Firearm Owner's Identification Card
3seized under this subsection (e) may obtain relief as described
4in subsection (c-5) of Section 10 of this Act if the officer
5did not act in a manner threatening to the officer, another
6person, or the public as determined by the treating clinical
7psychologist or physician, and the officer seeks mental health
8treatment; or has been adjudicated as a mental defective;
9 (f) A person whose mental condition is of such a nature
10that it poses a clear and present danger to the applicant, any
11other person or persons or the community;
12 For the purposes of this Section, "mental condition" means
13a state of mind manifested by violent, suicidal, threatening or
14assaultive behavior.
15 (g) A person who is intellectually disabled;
16 (h) A person who intentionally makes a false statement in
17the Firearm Owner's Identification Card application;
18 (i) An alien who is unlawfully present in the United States
19under the laws of the United States;
20 (i-5) An alien who has been admitted to the United States
21under a non-immigrant visa (as that term is defined in Section
22101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
231101(a)(26))), except that this subsection (i-5) does not apply
24to any alien who has been lawfully admitted to the United
25States under a non-immigrant visa if that alien is:
26 (1) admitted to the United States for lawful hunting or

09800SB2193ham002- 92 -LRB098 10174 MRW 46318 a
1 sporting purposes;
2 (2) an official representative of a foreign government
3 who is:
4 (A) accredited to the United States Government or
5 the Government's mission to an international
6 organization having its headquarters in the United
7 States; or
8 (B) en route to or from another country to which
9 that alien is accredited;
10 (3) an official of a foreign government or
11 distinguished foreign visitor who has been so designated by
12 the Department of State;
13 (4) a foreign law enforcement officer of a friendly
14 foreign government entering the United States on official
15 business; or
16 (5) one who has received a waiver from the Attorney
17 General of the United States pursuant to 18 U.S.C.
18 922(y)(3);
19 (j) (Blank);
20 (k) A person who has been convicted within the past 5 years
21of battery, assault, aggravated assault, violation of an order
22of protection, or a substantially similar offense in another
23jurisdiction, in which a firearm was used or possessed;
24 (l) A person who has been convicted of domestic battery,
25aggravated domestic battery, or a substantially similar
26offense in another jurisdiction committed before, on or after

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1January 1, 2012 (the effective date of Public Act 97-158). If
2the applicant or person who has been previously issued a
3Firearm Owner's Identification Card under this Act knowingly
4and intelligently waives the right to have an offense described
5in this paragraph (l) tried by a jury, and by guilty plea or
6otherwise, results in a conviction for an offense in which a
7domestic relationship is not a required element of the offense
8but in which a determination of the applicability of 18 U.S.C.
9922(g)(9) is made under Section 112A-11.1 of the Code of
10Criminal Procedure of 1963, an entry by the court of a judgment
11of conviction for that offense shall be grounds for denying an
12application for and for revoking and seizing a Firearm Owner's
13Identification Card previously issued to the person under this
14Act;
15 (m) (Blank);
16 (n) A person who is prohibited from acquiring or possessing
17firearms or firearm ammunition by any Illinois State statute or
18by federal law;
19 (o) A minor subject to a petition filed under Section 5-520
20of the Juvenile Court Act of 1987 alleging that the minor is a
21delinquent minor for the commission of an offense that if
22committed by an adult would be a felony;
23 (p) An adult who had been adjudicated a delinquent minor
24under the Juvenile Court Act of 1987 for the commission of an
25offense that if committed by an adult would be a felony; or
26 (q) A person who is not a resident of the State of

09800SB2193ham002- 94 -LRB098 10174 MRW 46318 a
1Illinois, except as provided in subsection (a-10) of Section
24; .
3 (r) A person who has been adjudicated as a mentally
4disabled person;
5 (s) A person who has been found to be developmentally
6disabled;
7 (t) A person involuntarily admitted into a mental health
8facility;
9 (u) A person who has had his or her Firearm Owner's
10Identification Card revoked or denied under subsection (e) of
11this Section or item (iv) of Section 4 of this Act because he
12or she was a patient in a mental health facility as provided in
13item (2) of subsection (e) of this Section, shall not be
14permitted to obtain a Firearm Owner's Identification Card,
15after the 5 year period has lapsed, unless he or she has
16received a mental health evaluation by a physician, clinical
17psychologist, or qualified examiner as those terms are defined
18in the Mental Health and Developmental Disabilities Code, and
19has received a certification that he or she is not a clear and
20present danger to himself, herself, or others. The physician,
21clinical psychologist, or qualified examiner making the
22certification shall not be held criminally, civilly, or
23professionally liable for making or not making the
24certification required under this subsection, except for
25willful or wanton misconduct. This subsection does not apply to
26a person whose firearm possession rights have been restored

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

09800SB2193ham002- 96 -LRB098 10174 MRW 46318 a
1 (d) A person addicted to narcotics;
2 (e) A person who has been a patient of a mental health
3facility institution within the past 5 years or a person who
4has been a patient in a mental health facility more than 5
5years ago who has not received the certification required under
6subsection (u) of this Section. An active law enforcement
7officer employed by a unit of government who is denied,
8revoked, or has his or her Firearm Owner's Identification Card
9seized under this subsection (e) may obtain relief as described
10in subsection (c-5) of Section 10 of this Act if the officer
11did not act in a manner threatening to the officer, another
12person, or the public as determined by the treating clinical
13psychologist or physician, and the officer seeks mental health
14treatment;
15 (f) A person whose mental condition is of such a nature
16that it poses a clear and present danger to the applicant, any
17other person or persons or the community;
18 For the purposes of this Section, "mental condition" means
19a state of mind manifested by violent, suicidal, threatening or
20assaultive behavior.
21 (g) A person who is intellectually disabled;
22 (h) A person who intentionally makes a false statement in
23the Firearm Owner's Identification Card application;
24 (i) An alien who is unlawfully present in the United States
25under the laws of the United States;
26 (i-5) An alien who has been admitted to the United States

09800SB2193ham002- 97 -LRB098 10174 MRW 46318 a
1under a non-immigrant visa (as that term is defined in Section
2101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
31101(a)(26))), except that this subsection (i-5) does not apply
4to any alien who has been lawfully admitted to the United
5States under a non-immigrant visa if that alien is:
6 (1) admitted to the United States for lawful hunting or
7 sporting purposes;
8 (2) an official representative of a foreign government
9 who is:
10 (A) accredited to the United States Government or
11 the Government's mission to an international
12 organization having its headquarters in the United
13 States; or
14 (B) en route to or from another country to which
15 that alien is accredited;
16 (3) an official of a foreign government or
17 distinguished foreign visitor who has been so designated by
18 the Department of State;
19 (4) a foreign law enforcement officer of a friendly
20 foreign government entering the United States on official
21 business; or
22 (5) one who has received a waiver from the Attorney
23 General of the United States pursuant to 18 U.S.C.
24 922(y)(3);
25 (j) (Blank);
26 (k) A person who has been convicted within the past 5 years

09800SB2193ham002- 98 -LRB098 10174 MRW 46318 a
1of battery, assault, aggravated assault, violation of an order
2of protection, or a substantially similar offense in another
3jurisdiction, in which a firearm was used or possessed;
4 (l) A person who has been convicted of domestic battery,
5aggravated domestic battery, or a substantially similar
6offense in another jurisdiction committed before, on or after
7January 1, 2012 (the effective date of Public Act 97-158). If
8the applicant or person who has been previously issued a
9Firearm Owner's Identification Card under this Act knowingly
10and intelligently waives the right to have an offense described
11in this paragraph (l) tried by a jury, and by guilty plea or
12otherwise, results in a conviction for an offense in which a
13domestic relationship is not a required element of the offense
14but in which a determination of the applicability of 18 U.S.C.
15922(g)(9) is made under Section 112A-11.1 of the Code of
16Criminal Procedure of 1963, an entry by the court of a judgment
17of conviction for that offense shall be grounds for denying an
18application for and for revoking and seizing a Firearm Owner's
19Identification Card previously issued to the person under this
20Act;
21 (m) (Blank);
22 (n) A person who is prohibited from acquiring or possessing
23firearms or firearm ammunition by any Illinois State statute or
24by federal law;
25 (o) A minor subject to a petition filed under Section 5-520
26of the Juvenile Court Act of 1987 alleging that the minor is a

09800SB2193ham002- 99 -LRB098 10174 MRW 46318 a
1delinquent minor for the commission of an offense that if
2committed by an adult would be a felony;
3 (p) An adult who had been adjudicated a delinquent minor
4under the Juvenile Court Act of 1987 for the commission of an
5offense that if committed by an adult would be a felony;
6 (q) A person who is not a resident of the State of
7Illinois, except as provided in subsection (a-10) of Section 4;
8or
9 (r) A person who has been adjudicated as a mentally
10disabled person; mental defective.
11 (s) A person who has been found to be developmentally
12disabled;
13 (t) A person involuntarily admitted into a mental health
14facility;
15 (u) A person who has had his or her Firearm Owner's
16Identification Card revoked or denied under subsection (e) of
17this Section or item (iv) of Section 4 of this Act because he
18or she was a patient in a mental health facility as provided in
19item (2) of subsection (e) of this Section, shall not be
20permitted to obtain a Firearm Owner's Identification Card,
21after the 5 year period has lapsed, unless he or she has
22received a mental health evaluation by a physician, clinical
23psychologist, or qualified examiner as those terms are defined
24in the Mental Health and Developmental Disabilities Code, and
25has received a certification that he or she is not a clear and
26present danger to himself, herself, or others. The physician,

09800SB2193ham002- 100 -LRB098 10174 MRW 46318 a
1clinical psychologist, or qualified examiner making the
2certification shall not be held criminally, civilly, or
3professionally liable for making or not making the
4certification required under this subsection, except for
5willful or wanton misconduct. This subsection does not apply to
6a person whose firearm possession rights have been restored
7through administrative or judicial action under Section 10 or
811 of this Act; or
9 (v) Upon revocation of a person's Firearm Owner's
10Identification Card, the Department of State Police shall
11provide notice to the person and the person shall comply with
12Section 9.5 of this Act.
13(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
14eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13;
1597-1167, eff. 6-1-13.)
16 (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
17 Sec. 8.1. Notifications to the Circuit Clerk to notify
18Department of State Police.
19 (a) The Circuit Clerk shall, in the form and manner
20required by the Supreme Court, notify the Department of State
21Police of all final dispositions of cases for which the
22Department has received information reported to it under
23Sections 2.1 and 2.2 of the Criminal Identification Act.
24 (b) Upon adjudication of any individual as a mentally
25disabled person mental defective, as defined in Section 1.1 of

09800SB2193ham002- 101 -LRB098 10174 MRW 46318 a
1this Act or a finding that a person has been involuntarily
2admitted or as provided in paragraph (3.5) of subsection (c) of
3Section 104-26 of the Code of Criminal Procedure of 1963, the
4court shall direct the circuit court clerk to immediately
5notify the Department of State Police, Firearm Owner's
6Identification (FOID) department, and shall forward a copy of
7the court order to the Department.
8 (c) The Department of Human Services shall, in the form and
9manner prescribed by the Department of State Police, report all
10information collected under subsection (b) of Section 12 of the
11Mental Health and Developmental Disabilities Confidentiality
12Act for the purpose of determining whether a person who may be
13or may have been a patient in a mental health facility is
14disqualified under State or federal law from receiving or
15retaining a Firearm Owner's Identification Card, or purchasing
16a weapon.
17 (d) If a person is determined to pose a clear and present
18danger to himself, herself, or to others by a physician,
19clinical psychologist, qualified examiner, law enforcement
20official, or school administrator, or is determined to be
21developmentally disabled by a physician, clinical
22psychologist, or qualified examiner, whether employed by the
23State or by a private mental health facility, then the
24physician, clinical psychologist, or qualified examiner shall,
25within 24 hours of making the determination, notify the
26Department of Human Services that the person poses a clear and

09800SB2193ham002- 102 -LRB098 10174 MRW 46318 a
1present danger. The Department of Human Services shall
2immediately update its records and information relating to
3mental health and developmental disabilities, and if
4appropriate, shall notify the Department of State Police in a
5form and manner prescribed by the Department of State Police.
6The Department of State Police shall determine whether to
7revoke the person's Firearm Owner's Identification Card under
8Section 8 of this Act. Any information disclosed under this
9subsection shall remain privileged and confidential, and shall
10not be redisclosed, except as required under subsection (e) of
11Section 3.1 of this Act, nor used for any other purpose. The
12method of providing this information shall guarantee that the
13information is not released beyond what is necessary for the
14purpose of this Section and shall be provided by rule by the
15Department of Human Services. The identity of the person
16reporting under this Section shall not be disclosed to the
17subject of the report. The physician, clinical psychologist,
18qualified examiner, law enforcement official, or school
19administrator making the determination and his or her employer
20shall not be held criminally, civilly, or professionally liable
21for making or not making the notification required under this
22subsection, except for willful or wanton misconduct.
23 (e) The Department of State Police shall adopt rules to
24implement this Section.
25(Source: P.A. 97-1131, eff. 1-1-13.)

09800SB2193ham002- 103 -LRB098 10174 MRW 46318 a
1 (430 ILCS 65/9) (from Ch. 38, par. 83-9)
2 Sec. 9. Every person whose application for a Firearm
3Owner's Identification Card is denied, and every holder of such
4a Card whose Card is revoked or seized, shall receive a written
5notice from the Department of State Police stating specifically
6the grounds upon which his application has been denied or upon
7which his Identification Card has been revoked. The written
8notice shall include the requirements of Section 9.5 of this
9Act and the persons's right to administrative or judicial
10review under Section 10 and 11 of this Act. A copy of the
11written notice shall be provided to the sheriff and law
12enforcement agency where the person resides.
13(Source: P.A. 97-1131, eff. 1-1-13.)
14 (430 ILCS 65/9.5 new)
15 Sec. 9.5. Revocation of Firearm Owner's Identification
16Card.
17 (a) A person who receives a revocation notice under Section
189 of this Act shall, within 48 hours of receiving notice of the
19revocation:
20 (1) surrender his or her Firearm Owner's
21 Identification Card to the local law enforcement agency
22 where the person resides. The local law enforcement agency
23 shall provide the person a receipt and transmit the Firearm
24 Owner's Identification Card to the Department of State
25 Police; and

09800SB2193ham002- 104 -LRB098 10174 MRW 46318 a
1 (2) complete a Firearm Disposition Record on a form
2 prescribed by the Department of State Police and place his
3 or her firearms in the location or with the person reported
4 in the Firearm Disposition Record. The form shall require
5 the person to disclose:
6 (A) the make, model, and serial number of each
7 firearm owned by or under the custody and control of
8 the revoked person;
9 (B) the location where each firearm will be
10 maintained during the prohibited term; and
11 (C) if any firearm will be transferred to the
12 custody of another person, the name, address and
13 Firearm Owner's Identification Card number of the
14 transferee.
15 (b) The local law enforcement agency shall provide a copy
16of the Firearm Disposition Record to the person whose Firearm
17Owner's Identification Card has been revoked and to the
18Department of State Police.
19 (c) If the person whose Firearm Owner's Identification Card
20has been revoked fails to comply with the requirements of this
21Section, the sheriff or law enforcement agency where the person
22resides may petition the circuit court to issue a warrant to
23search for and seize the Firearm Owner's Identification Card
24and firearms in the possession or under the custody or control
25of the person whose Firearm Owner's Identification Card has
26been revoked.

09800SB2193ham002- 105 -LRB098 10174 MRW 46318 a
1 (d) A violation of subsection (a) of this Section is a
2Class A misdemeanor.
3 (e) The observation of a Firearm Owner's Identification
4Card in the possession of a person whose Firearm Owner's
5Identification Card has been revoked constitutes a sufficient
6basis for the arrest of that person for violation of this
7Section.
8 (f) Within 30 days after the effective date of this
9amendatory Act of the 98th General Assembly, the Department of
10State Police shall provide written notice of the requirements
11of this Section to persons whose Firearm Owner's Identification
12Cards have been revoked, suspended, or expired and who have
13failed to surrender their cards to the Department.
14 (g) Persons whose Firearm Owner's Identification Cards
15have been revoked and who receive notice under subsection (f)
16shall comply with the requirements of this Section within 48
17hours of receiving notice.
18 (430 ILCS 65/10) (from Ch. 38, par. 83-10)
19 (Text of Section before amendment by P.A. 97-1167)
20 Sec. 10. Appeal to director; hearing; relief from firearm
21prohibitions.
22 (a) Whenever an application for a Firearm Owner's
23Identification Card is denied, whenever the Department fails to
24act on an application within 30 days of its receipt, or
25whenever such a Card is revoked or seized as provided for in

09800SB2193ham002- 106 -LRB098 10174 MRW 46318 a
1Section 8 of this Act, the aggrieved party may appeal to the
2Director of State Police for a hearing upon such denial,
3revocation or seizure, unless the denial, revocation, or
4seizure was based upon a forcible felony, stalking, aggravated
5stalking, domestic battery, any violation of the Illinois
6Controlled Substances Act, the Methamphetamine Control and
7Community Protection Act, or the Cannabis Control Act that is
8classified as a Class 2 or greater felony, any felony violation
9of Article 24 of the Criminal Code of 1961 or the Criminal Code
10of 2012, or any adjudication as a delinquent minor for the
11commission of an offense that if committed by an adult would be
12a felony, in which case the aggrieved party may petition the
13circuit court in writing in the county of his or her residence
14for a hearing upon such denial, revocation, or seizure.
15 (b) At least 30 days before any hearing in the circuit
16court, the petitioner shall serve the relevant State's Attorney
17with a copy of the petition. The State's Attorney may object to
18the petition and present evidence. At the hearing the court
19shall determine whether substantial justice has been done.
20Should the court determine that substantial justice has not
21been done, the court shall issue an order directing the
22Department of State Police to issue a Card. However, the court
23shall not issue the order if the petitioner is otherwise
24prohibited from obtaining, possessing, or using a firearm under
25federal law.
26 (c) Any person prohibited from possessing a firearm under

09800SB2193ham002- 107 -LRB098 10174 MRW 46318 a
1Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
2acquiring a Firearm Owner's Identification Card under Section 8
3of this Act may apply to the Director of State Police or
4petition the circuit court in the county where the petitioner
5resides, whichever is applicable in accordance with subsection
6(a) of this Section, requesting relief from such prohibition
7and the Director or court may grant such relief if it is
8established by the applicant to the court's or Director's
9satisfaction that:
10 (0.05) when in the circuit court, the State's Attorney
11 has been served with a written copy of the petition at
12 least 30 days before any such hearing in the circuit court
13 and at the hearing the State's Attorney was afforded an
14 opportunity to present evidence and object to the petition;
15 (1) the applicant has not been convicted of a forcible
16 felony under the laws of this State or any other
17 jurisdiction within 20 years of the applicant's
18 application for a Firearm Owner's Identification Card, or
19 at least 20 years have passed since the end of any period
20 of imprisonment imposed in relation to that conviction;
21 (2) the circumstances regarding a criminal conviction,
22 where applicable, the applicant's criminal history and his
23 reputation are such that the applicant will not be likely
24 to act in a manner dangerous to public safety;
25 (3) granting relief would not be contrary to the public
26 interest; and

09800SB2193ham002- 108 -LRB098 10174 MRW 46318 a
1 (4) granting relief would not be contrary to federal
2 law.
3 (c-5) (1) An active law enforcement officer employed by
4 a unit of government, who is denied, revoked, or has his or
5 her Firearm Owner's Identification Card seized under
6 subsection (e) of Section 8 of this Act may apply to the
7 Director of State Police requesting relief if the officer
8 did not act in a manner threatening to the officer, another
9 person, or the public as determined by the treating
10 clinical psychologist or physician, and as a result of his
11 or her work is referred by the employer for or voluntarily
12 seeks mental health evaluation or treatment by a licensed
13 clinical psychologist, psychiatrist, or qualified
14 examiner, and:
15 (A) the officer has not received treatment
16 involuntarily at a mental health facility, regardless
17 of the length of admission; or has not been voluntarily
18 admitted to a mental health facility for more than 30
19 days and not for more than one incident within the past
20 5 years; and
21 (B) the officer has not left the mental institution
22 against medical advice.
23 (2) The Director of State Police shall grant expedited
24 relief to active law enforcement officers described in
25 paragraph (1) of this subsection (c-5) upon a determination
26 by the Director that the officer's possession of a firearm

09800SB2193ham002- 109 -LRB098 10174 MRW 46318 a
1 does not present a threat to themselves, others, or public
2 safety. The Director shall act on the request for relief
3 within 30 business days of receipt of:
4 (A) a notarized statement from the officer in the
5 form prescribed by the Director detailing the
6 circumstances that led to the hospitalization;
7 (B) all documentation regarding the admission,
8 evaluation, treatment and discharge from the treating
9 licensed clinical psychologist or psychiatrist of the
10 officer;
11 (C) a psychological fitness for duty evaluation of
12 the person completed after the time of discharge; and
13 (D) written confirmation in the form prescribed by
14 the Director from the treating licensed clinical
15 psychologist or psychiatrist that the provisions set
16 forth in paragraph (1) of this subsection (c-5) have
17 been met, the person successfully completed treatment,
18 and their professional opinion regarding the person's
19 ability to possess firearms.
20 (3) Officers eligible for the expedited relief in
21 paragraph (2) of this subsection (c-5) have the burden of
22 proof on eligibility and must provide all information
23 required. The Director may not consider granting expedited
24 relief until the proof and information is received.
25 (4) "Clinical psychologist", "psychiatrist", and
26 "qualified examiner" shall have the same meaning as

09800SB2193ham002- 110 -LRB098 10174 MRW 46318 a
1 provided in Chapter 1 of the Mental Health and
2 Developmental Disabilities Code.
3 (d) When a minor is adjudicated delinquent for an offense
4which if committed by an adult would be a felony, the court
5shall notify the Department of State Police.
6 (e) The court shall review the denial of an application or
7the revocation of a Firearm Owner's Identification Card of a
8person who has been adjudicated delinquent for an offense that
9if committed by an adult would be a felony if an application
10for relief has been filed at least 10 years after the
11adjudication of delinquency and the court determines that the
12applicant should be granted relief from disability to obtain a
13Firearm Owner's Identification Card. If the court grants
14relief, the court shall notify the Department of State Police
15that the disability has been removed and that the applicant is
16eligible to obtain a Firearm Owner's Identification Card.
17 (f) Any person who is subject to the disabilities of 18
18U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
19of 1968 because of an adjudication or commitment that occurred
20under the laws of this State or who was determined to be
21subject to the provisions of subsections (e), (f), or (g) of
22Section 8 of this Act may apply to the Department of State
23Police requesting relief from that prohibition. The Director
24shall grant the relief if it is established by a preponderance
25of the evidence that the person will not be likely to act in a
26manner dangerous to public safety and that granting relief

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1would not be contrary to the public interest. In making this
2determination, the Director shall receive evidence concerning
3(i) the circumstances regarding the firearms disabilities from
4which relief is sought; (ii) the petitioner's mental health and
5criminal history records, if any; (iii) the petitioner's
6reputation, developed at a minimum through character witness
7statements, testimony, or other character evidence; and (iv)
8changes in the petitioner's condition or circumstances since
9the disqualifying events relevant to the relief sought. If
10relief is granted under this subsection or by order of a court
11under this Section, the Director shall as soon as practicable
12but in no case later than 15 business days, update, correct,
13modify, or remove the person's record in any database that the
14Department of State Police makes available to the National
15Instant Criminal Background Check System and notify the United
16States Attorney General that the basis for the record being
17made available no longer applies. The Department of State
18Police shall adopt rules for the administration of this Section
19subsection (f).
20(Source: P.A. 96-1368, eff. 7-28-10; 97-1131, eff. 1-1-13;
2197-1150, eff. 1-25-13.)
22 (Text of Section after amendment by P.A. 97-1167)
23 Sec. 10. Appeal to director; hearing; relief from firearm
24prohibitions.
25 (a) Whenever an application for a Firearm Owner's

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

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1prohibited from obtaining, possessing, or using a firearm under
2federal law.
3 (c) Any person prohibited from possessing a firearm under
4Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
5acquiring a Firearm Owner's Identification Card under Section 8
6of this Act may apply to the Director of State Police or
7petition the circuit court in the county where the petitioner
8resides, whichever is applicable in accordance with subsection
9(a) of this Section, requesting relief from such prohibition
10and the Director or court may grant such relief if it is
11established by the applicant to the court's or Director's
12satisfaction that:
13 (0.05) when in the circuit court, the State's Attorney
14 has been served with a written copy of the petition at
15 least 30 days before any such hearing in the circuit court
16 and at the hearing the State's Attorney was afforded an
17 opportunity to present evidence and object to the petition;
18 (1) the applicant has not been convicted of a forcible
19 felony under the laws of this State or any other
20 jurisdiction within 20 years of the applicant's
21 application for a Firearm Owner's Identification Card, or
22 at least 20 years have passed since the end of any period
23 of imprisonment imposed in relation to that conviction;
24 (2) the circumstances regarding a criminal conviction,
25 where applicable, the applicant's criminal history and his
26 reputation are such that the applicant will not be likely

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

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1 relief to active law enforcement officers described in
2 paragraph (1) of this subsection (c-5) upon a determination
3 by the Director that the officer's possession of a firearm
4 does not present a threat to themselves, others, or public
5 safety. The Director shall act on the request for relief
6 within 30 business days of receipt of:
7 (A) a notarized statement from the officer in the
8 form prescribed by the Director detailing the
9 circumstances that led to the hospitalization;
10 (B) all documentation regarding the admission,
11 evaluation, treatment and discharge from the treating
12 licensed clinical psychologist or psychiatrist of the
13 officer;
14 (C) a psychological fitness for duty evaluation of
15 the person completed after the time of discharge; and
16 (D) written confirmation in the form prescribed by
17 the Director from the treating licensed clinical
18 psychologist or psychiatrist that the provisions set
19 forth in paragraph (1) of this subsection (c-5) have
20 been met, the person successfully completed treatment,
21 and their professional opinion regarding the person's
22 ability to possess firearms.
23 (3) Officers eligible for the expedited relief in
24 paragraph (2) of this subsection (c-5) have the burden of
25 proof on eligibility and must provide all information
26 required. The Director may not consider granting expedited

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1 relief until the proof and information is received.
2 (4) "Clinical psychologist", "psychiatrist", and
3 "qualified examiner" shall have the same meaning as
4 provided in Chapter 1 of the Mental Health and
5 Developmental Disabilities Code.
6 (d) When a minor is adjudicated delinquent for an offense
7which if committed by an adult would be a felony, the court
8shall notify the Department of State Police.
9 (e) The court shall review the denial of an application or
10the revocation of a Firearm Owner's Identification Card of a
11person who has been adjudicated delinquent for an offense that
12if committed by an adult would be a felony if an application
13for relief has been filed at least 10 years after the
14adjudication of delinquency and the court determines that the
15applicant should be granted relief from disability to obtain a
16Firearm Owner's Identification Card. If the court grants
17relief, the court shall notify the Department of State Police
18that the disability has been removed and that the applicant is
19eligible to obtain a Firearm Owner's Identification Card.
20 (f) Any person who is subject to the disabilities of 18
21U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
22of 1968 because of an adjudication or commitment that occurred
23under the laws of this State or who was determined to be
24subject to the provisions of subsections (e), (f), or (g) of
25Section 8 of this Act may apply to the Department of State
26Police requesting relief from that prohibition. The Director

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1shall grant the relief if it is established by a preponderance
2of the evidence that the person will not be likely to act in a
3manner dangerous to public safety and that granting relief
4would not be contrary to the public interest. In making this
5determination, the Director shall receive evidence concerning
6(i) the circumstances regarding the firearms disabilities from
7which relief is sought; (ii) the petitioner's mental health and
8criminal history records, if any; (iii) the petitioner's
9reputation, developed at a minimum through character witness
10statements, testimony, or other character evidence; and (iv)
11changes in the petitioner's condition or circumstances since
12the disqualifying events relevant to the relief sought. If
13relief is granted under this subsection or by order of a court
14under this Section, the Director shall as soon as practicable
15but in no case later than 15 business days, update, correct,
16modify, or remove the person's record in any database that the
17Department of State Police makes available to the National
18Instant Criminal Background Check System and notify the United
19States Attorney General that the basis for the record being
20made available no longer applies. The Department of State
21Police shall adopt rules for the administration of this Section
22subsection (f).
23(Source: P.A. 96-1368, eff. 7-28-10; 97-1131, eff. 1-1-13;
2497-1150, eff. 1-25-13; 97-1167, eff. 6-1-13.)
25 (430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)

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1 Sec. 13.2. The Department of State Police shall, 60 days
2prior to the expiration of a Firearm Owner's Identification
3Card, forward by first class mail to each person whose card is
4to expire a notification of the expiration of the card and an
5application which may be used to apply for renewal of the card.
6It is the obligation of the holder of a Firearm Owner's
7Identification Card to notify the Department of State Police of
8any address change since the issuance of the Firearm Owner's
9Identification Card. Whenever any person moves from the
10residence address named on his or her card, the person shall
11within 21 calendar days thereafter notify in a form and manner
12prescribed by the Department of his or her old and new
13residence addresses and the card number held by him or her. Any
14person whose legal name has changed from the name on the card
15that he or she has been previously issued must apply for a
16corrected card within 30 calendar days after the change. The
17cost for a corrected card shall be $5 which shall be deposited
18into the State Police Firearm Services Fund Firearm Owner's
19Notification Fund.
20(Source: P.A. 97-1131, eff. 1-1-13.)
21 Section 155. The Criminal Code of 2012 is amended by
22changing Sections 24-1.6 and 24-2 as follows:
23 (720 ILCS 5/24-1.6)
24 Sec. 24-1.6. Aggravated unlawful use of a weapon.

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1 (a) A person commits the offense of aggravated unlawful use
2of a weapon when he or she knowingly:
3 (1) Carries on or about his or her person or in any
4 vehicle or concealed on or about his or her person except
5 when on his or her land or in his or her abode, legal
6 dwelling, or fixed place of business, or on the land or in
7 the legal dwelling of another person as an invitee with
8 that person's permission, any pistol, revolver, stun gun or
9 taser or other firearm; or
10 (2) Carries or possesses on or about his or her person,
11 upon any public street, alley, or other public lands within
12 the corporate limits of a city, village or incorporated
13 town, except when an invitee thereon or therein, for the
14 purpose of the display of such weapon or the lawful
15 commerce in weapons, or except when on his or her own land
16 or in his or her own abode, legal dwelling, or fixed place
17 of business, or on the land or in the legal dwelling of
18 another person as an invitee with that person's permission,
19 any pistol, revolver, stun gun or taser or other firearm;
20 and
21 (3) One of the following factors is present:
22 (A) the firearm, other than a pistol, revolver, or
23 handgun, possessed was uncased, loaded, and
24 immediately accessible at the time of the offense; or
25 (A-5) the pistol, revolver, or handgun possessed
26 was uncased, loaded, and immediately accessible at the

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

09800SB2193ham002- 121 -LRB098 10174 MRW 46318 a
1 or
2 (F) (blank); or
3 (G) the person possessing the weapon had a order of
4 protection issued against him or her within the
5 previous 2 years; or
6 (H) the person possessing the weapon was engaged in
7 the commission or attempted commission of a
8 misdemeanor involving the use or threat of violence
9 against the person or property of another; or
10 (I) the person possessing the weapon was under 21
11 years of age and in possession of a handgun as defined
12 in Section 24-3, unless the person under 21 is engaged
13 in lawful activities under the Wildlife Code or
14 described in subsection 24-2(b)(1), (b)(3), or
15 24-2(f).
16 (a-5) "Handgun" as used in this Section has the meaning
17given to it in Section 5 of the Firearm Concealed Carry Act.
18 (b) "Stun gun or taser" as used in this Section has the
19same definition given to it in Section 24-1 of this Code.
20 (c) This Section does not apply to or affect the
21transportation or possession of weapons that:
22 (i) are broken down in a non-functioning state; or
23 (ii) are not immediately accessible; or
24 (iii) are unloaded and enclosed in a case, firearm
25 carrying box, shipping box, or other container by a
26 person who has been issued a currently valid Firearm

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

09800SB2193ham002- 123 -LRB098 10174 MRW 46318 a
1 felony.
2 (e) The possession of each firearm in violation of this
3Section constitutes a single and separate violation.
4(Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09;
596-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)
6 (720 ILCS 5/24-2)
7 Sec. 24-2. Exemptions.
8 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
924-1(a)(13) and Section 24-1.6 do not apply to or affect any of
10the following:
11 (1) Peace officers, and any person summoned by a peace
12 officer to assist in making arrests or preserving the
13 peace, while actually engaged in assisting such officer.
14 (2) Wardens, superintendents and keepers of prisons,
15 penitentiaries, jails and other institutions for the
16 detention of persons accused or convicted of an offense,
17 while in the performance of their official duty, or while
18 commuting between their homes and places of employment.
19 (3) Members of the Armed Services or Reserve Forces of
20 the United States or the Illinois National Guard or the
21 Reserve Officers Training Corps, while in the performance
22 of their official duty.
23 (4) Special agents employed by a railroad or a public
24 utility to perform police functions, and guards of armored
25 car companies, while actually engaged in the performance of

09800SB2193ham002- 124 -LRB098 10174 MRW 46318 a
1 the duties of their employment or commuting between their
2 homes and places of employment; and watchmen while actually
3 engaged in the performance of the duties of their
4 employment.
5 (5) Persons licensed as private security contractors,
6 private detectives, or private alarm contractors, or
7 employed by an agency certified by the Department of
8 Financial and Professional Regulation, if their duties
9 include the carrying of a weapon under the provisions of
10 the Private Detective, Private Alarm, Private Security,
11 Fingerprint Vendor, and Locksmith Act of 2004, while
12 actually engaged in the performance of the duties of their
13 employment or commuting between their homes and places of
14 employment, provided that such commuting is accomplished
15 within one hour from departure from home or place of
16 employment, as the case may be. A person shall be
17 considered eligible for this exemption if he or she has
18 completed the required 20 hours of training for a private
19 security contractor, private detective, or private alarm
20 contractor, or employee of a licensed agency and 20 hours
21 of required firearm training, and has been issued a firearm
22 control card by the Department of Financial and
23 Professional Regulation. Conditions for the renewal of
24 firearm control cards issued under the provisions of this
25 Section shall be the same as for those cards issued under
26 the provisions of the Private Detective, Private Alarm,

09800SB2193ham002- 125 -LRB098 10174 MRW 46318 a
1 Private Security, Fingerprint Vendor, and Locksmith Act of
2 2004. The firearm control card shall be carried by the
3 private security contractor, private detective, or private
4 alarm contractor, or employee of the licensed agency at all
5 times when he or she is in possession of a concealable
6 weapon.
7 (6) Any person regularly employed in a commercial or
8 industrial operation as a security guard for the protection
9 of persons employed and private property related to such
10 commercial or industrial operation, while actually engaged
11 in the performance of his or her duty or traveling between
12 sites or properties belonging to the employer, and who, as
13 a security guard, is a member of a security force of at
14 least 5 persons registered with the Department of Financial
15 and Professional Regulation; provided that such security
16 guard has successfully completed a course of study,
17 approved by and supervised by the Department of Financial
18 and Professional Regulation, consisting of not less than 40
19 hours of training that includes the theory of law
20 enforcement, liability for acts, and the handling of
21 weapons. A person shall be considered eligible for this
22 exemption if he or she has completed the required 20 hours
23 of training for a security officer and 20 hours of required
24 firearm training, and has been issued a firearm control
25 card by the Department of Financial and Professional
26 Regulation. Conditions for the renewal of firearm control

09800SB2193ham002- 126 -LRB098 10174 MRW 46318 a
1 cards issued under the provisions of this Section shall be
2 the same as for those cards issued under the provisions of
3 the Private Detective, Private Alarm, Private Security,
4 Fingerprint Vendor, and Locksmith Act of 2004. The firearm
5 control card shall be carried by the security guard at all
6 times when he or she is in possession of a concealable
7 weapon.
8 (7) Agents and investigators of the Illinois
9 Legislative Investigating Commission authorized by the
10 Commission to carry the weapons specified in subsections
11 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
12 any investigation for the Commission.
13 (8) Persons employed by a financial institution for the
14 protection of other employees and property related to such
15 financial institution, while actually engaged in the
16 performance of their duties, commuting between their homes
17 and places of employment, or traveling between sites or
18 properties owned or operated by such financial
19 institution, provided that any person so employed has
20 successfully completed a course of study, approved by and
21 supervised by the Department of Financial and Professional
22 Regulation, consisting of not less than 40 hours of
23 training which includes theory of law enforcement,
24 liability for acts, and the handling of weapons. A person
25 shall be considered to be eligible for this exemption if he
26 or she has completed the required 20 hours of training for

09800SB2193ham002- 127 -LRB098 10174 MRW 46318 a
1 a security officer and 20 hours of required firearm
2 training, and has been issued a firearm control card by the
3 Department of Financial and Professional Regulation.
4 Conditions for renewal of firearm control cards issued
5 under the provisions of this Section shall be the same as
6 for those issued under the provisions of the Private
7 Detective, Private Alarm, Private Security, Fingerprint
8 Vendor, and Locksmith Act of 2004. Such firearm control
9 card shall be carried by the person so trained at all times
10 when such person is in possession of a concealable weapon.
11 For purposes of this subsection, "financial institution"
12 means a bank, savings and loan association, credit union or
13 company providing armored car services.
14 (9) Any person employed by an armored car company to
15 drive an armored car, while actually engaged in the
16 performance of his duties.
17 (10) Persons who have been classified as peace officers
18 pursuant to the Peace Officer Fire Investigation Act.
19 (11) Investigators of the Office of the State's
20 Attorneys Appellate Prosecutor authorized by the board of
21 governors of the Office of the State's Attorneys Appellate
22 Prosecutor to carry weapons pursuant to Section 7.06 of the
23 State's Attorneys Appellate Prosecutor's Act.
24 (12) Special investigators appointed by a State's
25 Attorney under Section 3-9005 of the Counties Code.
26 (12.5) Probation officers while in the performance of

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1 their duties, or while commuting between their homes,
2 places of employment or specific locations that are part of
3 their assigned duties, with the consent of the chief judge
4 of the circuit for which they are employed.
5 (13) Court Security Officers while in the performance
6 of their official duties, or while commuting between their
7 homes and places of employment, with the consent of the
8 Sheriff.
9 (13.5) A person employed as an armed security guard at
10 a nuclear energy, storage, weapons or development site or
11 facility regulated by the Nuclear Regulatory Commission
12 who has completed the background screening and training
13 mandated by the rules and regulations of the Nuclear
14 Regulatory Commission.
15 (14) Manufacture, transportation, or sale of weapons
16 to persons authorized under subdivisions (1) through
17 (13.5) of this subsection to possess those weapons.
18 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
19to or affect any person carrying a concealed pistol, revolver,
20or handgun and the person has been issued a currently valid
21license under the Firearm Concealed Carry Act at the time of
22the commission of the offense.
23 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2424-1.6 do not apply to or affect any of the following:
25 (1) Members of any club or organization organized for
26 the purpose of practicing shooting at targets upon

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

09800SB2193ham002- 130 -LRB098 10174 MRW 46318 a
1 (3) of this subsection to possess machine guns, if the
2 machine guns are broken down in a non-functioning state or
3 are not immediately accessible.
4 (5) Persons licensed under federal law to manufacture
5 any weapon from which 8 or more shots or bullets can be
6 discharged by a single function of the firing device, or
7 ammunition for such weapons, and actually engaged in the
8 business of manufacturing such weapons or ammunition, but
9 only with respect to activities which are within the lawful
10 scope of such business, such as the manufacture,
11 transportation, or testing of such weapons or ammunition.
12 This exemption does not authorize the general private
13 possession of any weapon from which 8 or more shots or
14 bullets can be discharged by a single function of the
15 firing device, but only such possession and activities as
16 are within the lawful scope of a licensed manufacturing
17 business described in this paragraph.
18 During transportation, such weapons shall be broken
19 down in a non-functioning state or not immediately
20 accessible.
21 (6) The manufacture, transport, testing, delivery,
22 transfer or sale, and all lawful commercial or experimental
23 activities necessary thereto, of rifles, shotguns, and
24 weapons made from rifles or shotguns, or ammunition for
25 such rifles, shotguns or weapons, where engaged in by a
26 person operating as a contractor or subcontractor pursuant

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

09800SB2193ham002- 132 -LRB098 10174 MRW 46318 a
1 down in a non-functioning state, or not immediately
2 accessible.
3 (d) Subsection 24-1(a)(1) does not apply to the purchase,
4possession or carrying of a black-jack or slung-shot by a peace
5officer.
6 (e) Subsection 24-1(a)(8) does not apply to any owner,
7manager or authorized employee of any place specified in that
8subsection nor to any law enforcement officer.
9 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
10Section 24-1.6 do not apply to members of any club or
11organization organized for the purpose of practicing shooting
12at targets upon established target ranges, whether public or
13private, while using their firearms on those target ranges.
14 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
15to:
16 (1) Members of the Armed Services or Reserve Forces of
17 the United States or the Illinois National Guard, while in
18 the performance of their official duty.
19 (2) Bonafide collectors of antique or surplus military
20 ordinance.
21 (3) Laboratories having a department of forensic
22 ballistics, or specializing in the development of
23 ammunition or explosive ordinance.
24 (4) Commerce, preparation, assembly or possession of
25 explosive bullets by manufacturers of ammunition licensed
26 by the federal government, in connection with the supply of

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1 those organizations and persons exempted by subdivision
2 (g)(1) of this Section, or like organizations and persons
3 outside this State, or the transportation of explosive
4 bullets to any organization or person exempted in this
5 Section by a common carrier or by a vehicle owned or leased
6 by an exempted manufacturer.
7 (g-5) Subsection 24-1(a)(6) does not apply to or affect
8persons licensed under federal law to manufacture any device or
9attachment of any kind designed, used, or intended for use in
10silencing the report of any firearm, firearms, or ammunition
11for those firearms equipped with those devices, and actually
12engaged in the business of manufacturing those devices,
13firearms, or ammunition, but only with respect to activities
14that are within the lawful scope of that business, such as the
15manufacture, transportation, or testing of those devices,
16firearms, or ammunition. This exemption does not authorize the
17general private possession of any device or attachment of any
18kind designed, used, or intended for use in silencing the
19report of any firearm, but only such possession and activities
20as are within the lawful scope of a licensed manufacturing
21business described in this subsection (g-5). During
22transportation, these devices shall be detached from any weapon
23or not immediately accessible.
24 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2524-1.6 do not apply to or affect any parole agent or parole
26supervisor who meets the qualifications and conditions

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1prescribed in Section 3-14-1.5 of the Unified Code of
2Corrections.
3 (g-7) Subsection 24-1(a)(6) does not apply to a peace
4officer while serving as a member of a tactical response team
5or special operations team. A peace officer may not personally
6own or apply for ownership of a device or attachment of any
7kind designed, used, or intended for use in silencing the
8report of any firearm. These devices shall be owned and
9maintained by lawfully recognized units of government whose
10duties include the investigation of criminal acts.
11 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
1224-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
13athlete's possession, transport on official Olympic and
14Paralympic transit systems established for athletes, or use of
15competition firearms sanctioned by the International Olympic
16Committee, the International Paralympic Committee, the
17International Shooting Sport Federation, or USA Shooting in
18connection with such athlete's training for and participation
19in shooting competitions at the 2016 Olympic and Paralympic
20Games and sanctioned test events leading up to the 2016 Olympic
21and Paralympic Games.
22 (h) An information or indictment based upon a violation of
23any subsection of this Article need not negative any exemptions
24contained in this Article. The defendant shall have the burden
25of proving such an exemption.
26 (i) Nothing in this Article shall prohibit, apply to, or

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1affect the transportation, carrying, or possession, of any
2pistol or revolver, stun gun, taser, or other firearm consigned
3to a common carrier operating under license of the State of
4Illinois or the federal government, where such transportation,
5carrying, or possession is incident to the lawful
6transportation in which such common carrier is engaged; and
7nothing in this Article shall prohibit, apply to, or affect the
8transportation, carrying, or possession of any pistol,
9revolver, stun gun, taser, or other firearm, not the subject of
10and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
11this Article, which is unloaded and enclosed in a case, firearm
12carrying box, shipping box, or other container, by the
13possessor of a valid Firearm Owners Identification Card.
14(Source: P.A. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742,
15eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11;
1697-676, eff. 6-1-12; 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13;
17revised 8-23-12.)
18 Section 160. The Code of Criminal Procedure of 1963 is
19amended by changing Section 112A-14 as follows:
20 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
21 Sec. 112A-14. Order of protection; remedies.
22 (a) Issuance of order. If the court finds that petitioner
23has been abused by a family or household member, as defined in
24this Article, an order of protection prohibiting such abuse

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1shall issue; provided that petitioner must also satisfy the
2requirements of one of the following Sections, as appropriate:
3Section 112A-17 on emergency orders, Section 112A-18 on interim
4orders, or Section 112A-19 on plenary orders. Petitioner shall
5not be denied an order of protection because petitioner or
6respondent is a minor. The court, when determining whether or
7not to issue an order of protection, shall not require physical
8manifestations of abuse on the person of the victim.
9Modification and extension of prior orders of protection shall
10be in accordance with this Article.
11 (b) Remedies and standards. The remedies to be included in
12an order of protection shall be determined in accordance with
13this Section and one of the following Sections, as appropriate:
14Section 112A-17 on emergency orders, Section 112A-18 on interim
15orders, and Section 112A-19 on plenary orders. The remedies
16listed in this subsection shall be in addition to other civil
17or criminal remedies available to petitioner.
18 (1) Prohibition of abuse. Prohibit respondent's
19 harassment, interference with personal liberty,
20 intimidation of a dependent, physical abuse or willful
21 deprivation, as defined in this Article, if such abuse has
22 occurred or otherwise appears likely to occur if not
23 prohibited.
24 (2) Grant of exclusive possession of residence.
25 Prohibit respondent from entering or remaining in any
26 residence, household, or premises of the petitioner,

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1 including one owned or leased by respondent, if petitioner
2 has a right to occupancy thereof. The grant of exclusive
3 possession of the residence, household, or premises shall
4 not affect title to real property, nor shall the court be
5 limited by the standard set forth in Section 701 of the
6 Illinois Marriage and Dissolution of Marriage Act.
7 (A) Right to occupancy. A party has a right to
8 occupancy of a residence or household if it is solely
9 or jointly owned or leased by that party, that party's
10 spouse, a person with a legal duty to support that
11 party or a minor child in that party's care, or by any
12 person or entity other than the opposing party that
13 authorizes that party's occupancy (e.g., a domestic
14 violence shelter). Standards set forth in subparagraph
15 (B) shall not preclude equitable relief.
16 (B) Presumption of hardships. If petitioner and
17 respondent each has the right to occupancy of a
18 residence or household, the court shall balance (i) the
19 hardships to respondent and any minor child or
20 dependent adult in respondent's care resulting from
21 entry of this remedy with (ii) the hardships to
22 petitioner and any minor child or dependent adult in
23 petitioner's care resulting from continued exposure to
24 the risk of abuse (should petitioner remain at the
25 residence or household) or from loss of possession of
26 the residence or household (should petitioner leave to

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

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

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

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

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

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

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

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

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1 order of protection, or plenary order of protection,
2 issued under this Code may not lawfully possess weapons
3 under Section 8.2 of the Firearm Owners Identification
4 Card Act. (a) Prohibit a respondent against whom an
5 order of protection was issued from possessing any
6 firearms during the duration of the order if the order:
7 (1) was issued after a hearing of which such
8 person received actual notice, and at which such
9 person had an opportunity to participate;
10 (2) restrains such person from harassing,
11 stalking, or threatening an intimate partner of
12 such person or child of such intimate partner or
13 person, or engaging in other conduct that would
14 place an intimate partner in reasonable fear of
15 bodily injury to the partner or child; and
16 (3)(i) includes a finding that such person
17 represents a credible threat to the physical
18 safety of such intimate partner or child; or (ii)
19 by its terms explicitly prohibits the use,
20 attempted use, or threatened use of physical force
21 against such intimate partner or child that would
22 reasonably be expected to cause bodily injury.
23 (B) Any firearms in the possession of the respondent,
24 except as provided in subparagraph (C) of this
25 paragraph (14.5) subsection (b), shall be ordered by
26 the court to be turned over to a person with a valid

09800SB2193ham002- 147 -LRB098 10174 MRW 46318 a
1 Firearm Owner's Identification Card the local law
2 enforcement agency for safekeeping. The court shall
3 issue an order that the respondent's Firearm Owner's
4 Identification Card be turned over to the local law
5 enforcement agency, which in turn shall immediately
6 mail the card to the Department of State Police Firearm
7 Owner's Identification Card Office for safekeeping.
8 The period of safekeeping shall be for the duration of
9 the order of protection. The firearm or firearms and
10 Firearm Owner's Identification Card, if unexpired,
11 shall at the respondent's request be returned to the
12 respondent at expiration of the order of protection.
13 (C) (b) If the respondent is a peace officer as
14 defined in Section 2-13 of the Criminal Code of 2012,
15 the court shall order that any firearms used by the
16 respondent in the performance of his or her duties as a
17 peace officer be surrendered to the chief law
18 enforcement executive of the agency in which the
19 respondent is employed, who shall retain the firearms
20 for safekeeping for the duration of the order of
21 protection.
22 (D) (c) Upon expiration of the period of
23 safekeeping, if the firearms or Firearm Owner's
24 Identification Card cannot be returned to respondent
25 because respondent cannot be located, fails to respond
26 to requests to retrieve the firearms, or is not

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

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

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1 parties from loss of possession of the family home, the
2 court shall consider relevant factors, including but not
3 limited to the following:
4 (i) availability, accessibility, cost, safety,
5 adequacy, location and other characteristics of
6 alternate housing for each party and any minor child or
7 dependent adult in the party's care;
8 (ii) the effect on the party's employment; and
9 (iii) the effect on the relationship of the party,
10 and any minor child or dependent adult in the party's
11 care, to family, school, church and community.
12 (3) Subject to the exceptions set forth in paragraph
13 (4) of this subsection, the court shall make its findings
14 in an official record or in writing, and shall at a minimum
15 set forth the following:
16 (i) That the court has considered the applicable
17 relevant factors described in paragraphs (1) and (2) of
18 this subsection.
19 (ii) Whether the conduct or actions of respondent,
20 unless prohibited, will likely cause irreparable harm
21 or continued abuse.
22 (iii) Whether it is necessary to grant the
23 requested relief in order to protect petitioner or
24 other alleged abused persons.
25 (4) For purposes of issuing an ex parte emergency order
26 of protection, the court, as an alternative to or as a

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

09800SB2193ham002- 152 -LRB098 10174 MRW 46318 a
1balancing, the court's findings shall so indicate and shall
2include a finding as to whether granting the remedy will result
3in hardship to respondent that would substantially outweigh the
4hardship to petitioner from denial of the remedy. The findings
5shall be an official record or in writing.
6 (e) Denial of remedies. Denial of any remedy shall not be
7based, in whole or in part, on evidence that:
8 (1) Respondent has cause for any use of force, unless
9 that cause satisfies the standards for justifiable use of
10 force provided by Article 7 of the Criminal Code of 2012;
11 (2) Respondent was voluntarily intoxicated;
12 (3) Petitioner acted in self-defense or defense of
13 another, provided that, if petitioner utilized force, such
14 force was justifiable under Article 7 of the Criminal Code
15 of 2012;
16 (4) Petitioner did not act in self-defense or defense
17 of another;
18 (5) Petitioner left the residence or household to avoid
19 further abuse by respondent;
20 (6) Petitioner did not leave the residence or household
21 to avoid further abuse by respondent;
22 (7) Conduct by any family or household member excused
23 the abuse by respondent, unless that same conduct would
24 have excused such abuse if the parties had not been family
25 or household members.
26(Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11;

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197-158, eff. 1-1-12; 97-1131, eff. 1-1-13; 97-1150, eff.
21-25-13.)
3 Section 165. The Mental Health and Developmental
4Disabilities Confidentiality Act is amended by changing
5Section 12 as follows:
6 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
7 Sec. 12. (a) If the United States Secret Service or the
8Department of State Police requests information from a mental
9health or developmental disability facility, as defined in
10Section 1-107 and 1-114 of the Mental Health and Developmental
11Disabilities Code, relating to a specific recipient and the
12facility director determines that disclosure of such
13information may be necessary to protect the life of, or to
14prevent the infliction of great bodily harm to, a public
15official, or a person under the protection of the United States
16Secret Service, only the following information may be
17disclosed: the recipient's name, address, and age and the date
18of any admission to or discharge from a facility; and any
19information which would indicate whether or not the recipient
20has a history of violence or presents a danger of violence to
21the person under protection. Any information so disclosed shall
22be used for investigative purposes only and shall not be
23publicly disseminated. Any person participating in good faith
24in the disclosure of such information in accordance with this

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1provision shall have immunity from any liability, civil,
2criminal or otherwise, if such information is disclosed relying
3upon the representation of an officer of the United States
4Secret Service or the Department of State Police that a person
5is under the protection of the United States Secret Service or
6is a public official.
7 For the purpose of this subsection (a), the term "public
8official" means the Governor, Lieutenant Governor, Attorney
9General, Secretary of State, State Comptroller, State
10Treasurer, member of the General Assembly, member of the United
11States Congress, Judge of the United States as defined in 28
12U.S.C. 451, Justice of the United States as defined in 28
13U.S.C. 451, United States Magistrate Judge as defined in 28
14U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
15Supreme, Appellate, Circuit, or Associate Judge of the State of
16Illinois. The term shall also include the spouse, child or
17children of a public official.
18 (b) The Department of Human Services (acting as successor
19to the Department of Mental Health and Developmental
20Disabilities) and all public or private hospitals and mental
21health facilities are required, as hereafter described in this
22subsection, to furnish the Department of State Police only such
23information as may be required for the sole purpose of
24determining whether an individual who may be or may have been a
25patient is disqualified because of that status from receiving
26or retaining a Firearm Owner's Identification Card or falls

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1within the federal prohibitors under subsection (e), (f), (g),
2(r), (s), or (t) of Section 8 of the Firearm Owners
3Identification Card Act, or falls within the federal
4prohibitors in under subsection (e) or (f) of Section 8 of the
5Firearm Owners Identification Card Act or 18 U.S.C. 922(g) and
6(n). All physicians, clinical psychologists, or qualified
7examiners at public or private hospitals and mental health
8facilities or parts thereof as defined in this subsection
9shall, in the form and manner required by the Department,
10provide notice directly to the Department of Human Services, or
11to his or her employer who shall then report to the Department,
12within 24 hours after determining that a patient as described
13in clause (2) of the definition of "patient" in Section 1.1 of
14the Firearm Owners Identification Card Act poses a clear and
15present danger to himself, herself, or others, or is determined
16to be developmentally disabled such information as shall be
17necessary for the Department to comply with the reporting
18requirements to the Department of State Police. This Such
19information shall be furnished within 24 hours after the
20physician, clinical psychologist, or qualified examiner has
21made a determination, or within 7 days after admission to a
22public or private hospital or mental health facility or the
23provision of services to a patient described in clause (1) of
24the definition of "patient" in Section 1.1 of the Firearm
25Owners Identification Card Act clause (2) of this subsection
26(b). Any such information disclosed under this subsection shall

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

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

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1 (1.5) "Developmentally disabled" has the meaning as
2 defined in Section 1.1 of the Firearm Owners Identification
3 Card Act.
4 (2) "Patient" has the meaning as defined in Section 1.1
5 of the Firearm Owners Identification Card Act shall include
6 only: (i) a person who is an in-patient or resident of any
7 public or private hospital or mental health facility or
8 (ii) a person who is an out-patient or provided services by
9 a public or private hospital or mental health facility
10 whose mental condition is of such a nature that it is
11 manifested by violent, suicidal, threatening, or
12 assaultive behavior or reported behavior, for which there
13 is a reasonable belief by a physician, clinical
14 psychologist, or qualified examiner that the condition
15 poses a clear and present or imminent danger to the
16 patient, any other person or the community meaning the
17 patient's condition poses a clear and present danger in
18 accordance with subsection (f) of Section 8 of the Firearm
19 Owners Identification Card Act. The terms physician,
20 clinical psychologist, and qualified examiner are defined
21 in Sections 1-120, 1-103, and 1-122 of the Mental Health
22 and Developmental Disabilities Code.
23 (3) "Mental health facility" has the meaning as defined
24 in Section 1.1 of the Firearm Owners Identification Card
25 Act is defined by Section 1-114 of the Mental Health and
26 Developmental Disabilities Code.

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1 (c) Upon the request of a peace officer who takes a person
2into custody and transports such person to a mental health or
3developmental disability facility pursuant to Section 3-606 or
44-404 of the Mental Health and Developmental Disabilities Code
5or who transports a person from such facility, a facility
6director shall furnish said peace officer the name, address,
7age and name of the nearest relative of the person transported
8to or from the mental health or developmental disability
9facility. In no case shall the facility director disclose to
10the peace officer any information relating to the diagnosis,
11treatment or evaluation of the person's mental or physical
12health.
13 For the purposes of this subsection (c), the terms "mental
14health or developmental disability facility", "peace officer"
15and "facility director" shall have the meanings ascribed to
16them in the Mental Health and Developmental Disabilities Code.
17 (d) Upon the request of a peace officer or prosecuting
18authority who is conducting a bona fide investigation of a
19criminal offense, or attempting to apprehend a fugitive from
20justice, a facility director may disclose whether a person is
21present at the facility. Upon request of a peace officer or
22prosecuting authority who has a valid forcible felony warrant
23issued, a facility director shall disclose: (1) whether the
24person who is the subject of the warrant is present at the
25facility and (2) the date of that person's discharge or future
26discharge from the facility. The requesting peace officer or

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1prosecuting authority must furnish a case number and the
2purpose of the investigation or an outstanding arrest warrant
3at the time of the request. Any person, institution, or agency
4participating in good faith in disclosing such information in
5accordance with this subsection (d) is immune from any
6liability, civil, criminal or otherwise, that might result by
7reason of the action.
8(Source: P.A. 96-193, eff. 8-10-09; 97-1150, eff. 1-25-13.)
9 Section 170. The Probate Act of 1975 is amended by adding
10Section 11a-24 as follows:
11 (755 ILCS 5/11a-24 new)
12 Sec. 11a-24. Notification; Department of State Police.
13When a court adjudges a respondent to be a disabled person
14under this Article, the court shall direct the circuit court
15clerk to notify the Department of State Police, Firearm Owner's
16Identification (FOID) Office, in a form and manner prescribed
17by the Department of State Police, and shall forward a copy of
18the court order to the Department no later than 7 days after
19the entry of the order. Upon receipt of the order, the
20Department of State Police shall provide notification to the
21National Instant Criminal Background Check System.".
22 Section 195. No acceleration or delay. Where this Act makes
23changes in a statute that is represented in this Act by text

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1that is not yet or no longer in effect (for example, a Section
2represented by multiple versions), the use of that text does
3not accelerate or delay the taking effect of (i) the changes
4made by this Act or (ii) provisions derived from any other
5Public Act.
6 Section 999. Effective date. This Act takes effect upon
7becoming law.".