Public Act 102-0237

HB0562 Enrolled LRB102 02734 SPS 12886 b

AN ACT concerning regulation.

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

represented in the General Assembly:

Section 3. The Open Meetings Act is amended by changing

Section 2 as follows:

(5 ILCS 120/2) (from Ch. 102, par. 42)

(Text of Section before amendment by P.A. 101-652)

Sec. 2. Open meetings.

(a) Openness required. All meetings of public bodies shall

be open to the public unless excepted in subsection (c) and

closed in accordance with Section 2a.

(b) Construction of exceptions. The exceptions contained

in subsection (c) are in derogation of the requirement that

public bodies meet in the open, and therefore, the exceptions

are to be strictly construed, extending only to subjects

clearly within their scope. The exceptions authorize but do

not require the holding of a closed meeting to discuss a

subject included within an enumerated exception.

(c) Exceptions. A public body may hold closed meetings to

consider the following subjects:

(1) The appointment, employment, compensation,

discipline, performance, or dismissal of specific

employees, specific individuals who serve as independent

contractors in a park, recreational, or educational

setting, or specific volunteers of the public body or

legal counsel for the public body, including hearing

testimony on a complaint lodged against an employee, a

specific individual who serves as an independent

contractor in a park, recreational, or educational

setting, or a volunteer of the public body or against

legal counsel for the public body to determine its

validity. However, a meeting to consider an increase in

compensation to a specific employee of a public body that

is subject to the Local Government Wage Increase

Transparency Act may not be closed and shall be open to the

public and posted and held in accordance with this Act.

(2) Collective negotiating matters between the public

body and its employees or their representatives, or

deliberations concerning salary schedules for one or more

classes of employees.

(3) The selection of a person to fill a public office,

as defined in this Act, including a vacancy in a public

office, when the public body is given power to appoint

under law or ordinance, or the discipline, performance or

removal of the occupant of a public office, when the

public body is given power to remove the occupant under

law or ordinance.

(4) Evidence or testimony presented in open hearing,

or in closed hearing where specifically authorized by law,

to a quasi-adjudicative body, as defined in this Act,

provided that the body prepares and makes available for

public inspection a written decision setting forth its

determinative reasoning.

(5) The purchase or lease of real property for the use

of the public body, including meetings held for the

purpose of discussing whether a particular parcel should

be acquired.

(6) The setting of a price for sale or lease of

property owned by the public body.

(7) The sale or purchase of securities, investments,

or investment contracts. This exception shall not apply to

the investment of assets or income of funds deposited into

the Illinois Prepaid Tuition Trust Fund.

(8) Security procedures, school building safety and

security, and the use of personnel and equipment to

respond to an actual, a threatened, or a reasonably

potential danger to the safety of employees, students,

staff, the public, or public property.

(9) Student disciplinary cases.

(10) The placement of individual students in special

education programs and other matters relating to

individual students.

(11) Litigation, when an action against, affecting or

on behalf of the particular public body has been filed and

is pending before a court or administrative tribunal, or

when the public body finds that an action is probable or

imminent, in which case the basis for the finding shall be

recorded and entered into the minutes of the closed

meeting.

(12) The establishment of reserves or settlement of

claims as provided in the Local Governmental and

Governmental Employees Tort Immunity Act, if otherwise the

disposition of a claim or potential claim might be

prejudiced, or the review or discussion of claims, loss or

risk management information, records, data, advice or

communications from or with respect to any insurer of the

public body or any intergovernmental risk management

association or self insurance pool of which the public

body is a member.

(13) Conciliation of complaints of discrimination in

the sale or rental of housing, when closed meetings are

authorized by the law or ordinance prescribing fair

housing practices and creating a commission or

administrative agency for their enforcement.

(14) Informant sources, the hiring or assignment of

undercover personnel or equipment, or ongoing, prior or

future criminal investigations, when discussed by a public

body with criminal investigatory responsibilities.

(15) Professional ethics or performance when

considered by an advisory body appointed to advise a

licensing or regulatory agency on matters germane to the

advisory body's field of competence.

(16) Self evaluation, practices and procedures or

professional ethics, when meeting with a representative of

a statewide association of which the public body is a

member.

(17) The recruitment, credentialing, discipline or

formal peer review of physicians or other health care

professionals, or for the discussion of matters protected

under the federal Patient Safety and Quality Improvement

Act of 2005, and the regulations promulgated thereunder,

including 42 C.F.R. Part 3 (73 FR 70732), or the federal

Health Insurance Portability and Accountability Act of

1996, and the regulations promulgated thereunder,

including 45 C.F.R. Parts 160, 162, and 164, by a

hospital, or other institution providing medical care,

that is operated by the public body.

(18) Deliberations for decisions of the Prisoner

Review Board.

(19) Review or discussion of applications received

under the Experimental Organ Transplantation Procedures

Act.

(20) The classification and discussion of matters

classified as confidential or continued confidential by

the State Government Suggestion Award Board.

(21) Discussion of minutes of meetings lawfully closed

under this Act, whether for purposes of approval by the

body of the minutes or semi-annual review of the minutes

as mandated by Section 2.06.

(22) Deliberations for decisions of the State

Emergency Medical Services Disciplinary Review Board.

(23) The operation by a municipality of a municipal

utility or the operation of a municipal power agency or

municipal natural gas agency when the discussion involves

(i) contracts relating to the purchase, sale, or delivery

of electricity or natural gas or (ii) the results or

conclusions of load forecast studies.

(24) Meetings of a residential health care facility

resident sexual assault and death review team or the

Executive Council under the Abuse Prevention Review Team

Act.

(25) Meetings of an independent team of experts under

Brian's Law.

(26) Meetings of a mortality review team appointed

under the Department of Juvenile Justice Mortality Review

Team Act.

(27) (Blank).

(28) Correspondence and records (i) that may not be

disclosed under Section 11-9 of the Illinois Public Aid

Code or (ii) that pertain to appeals under Section 11-8 of

the Illinois Public Aid Code.

(29) Meetings between internal or external auditors

and governmental audit committees, finance committees, and

their equivalents, when the discussion involves internal

control weaknesses, identification of potential fraud risk

areas, known or suspected frauds, and fraud interviews

conducted in accordance with generally accepted auditing

standards of the United States of America.

(30) Those meetings or portions of meetings of a

fatality review team or the Illinois Fatality Review Team

Advisory Council during which a review of the death of an

eligible adult in which abuse or neglect is suspected,

alleged, or substantiated is conducted pursuant to Section

15 of the Adult Protective Services Act.

(31) Meetings and deliberations for decisions of the

Concealed Carry Licensing Review Board under the Firearm

Concealed Carry Act.

(32) Meetings between the Regional Transportation

Authority Board and its Service Boards when the discussion

involves review by the Regional Transportation Authority

Board of employment contracts under Section 28d of the

Metropolitan Transit Authority Act and Sections 3A.18 and

3B.26 of the Regional Transportation Authority Act.

(33) Those meetings or portions of meetings of the

advisory committee and peer review subcommittee created

under Section 320 of the Illinois Controlled Substances

Act during which specific controlled substance prescriber,

dispenser, or patient information is discussed.

(34) Meetings of the Tax Increment Financing Reform

Task Force under Section 2505-800 of the Department of

Revenue Law of the Civil Administrative Code of Illinois.

(35) Meetings of the group established to discuss

Medicaid capitation rates under Section 5-30.8 of the

Illinois Public Aid Code.

(36) Those deliberations or portions of deliberations

for decisions of the Illinois Gaming Board in which there

is discussed any of the following: (i) personal,

commercial, financial, or other information obtained from

any source that is privileged, proprietary, confidential,

or a trade secret; or (ii) information specifically

exempted from the disclosure by federal or State law.

(d) Definitions. For purposes of this Section:

"Employee" means a person employed by a public body whose

relationship with the public body constitutes an

employer-employee relationship under the usual common law

rules, and who is not an independent contractor.

"Public office" means a position created by or under the

Constitution or laws of this State, the occupant of which is

charged with the exercise of some portion of the sovereign

power of this State. The term "public office" shall include

members of the public body, but it shall not include

organizational positions filled by members thereof, whether

established by law or by a public body itself, that exist to

assist the body in the conduct of its business.

"Quasi-adjudicative body" means an administrative body

charged by law or ordinance with the responsibility to conduct

hearings, receive evidence or testimony and make

determinations based thereon, but does not include local

electoral boards when such bodies are considering petition

challenges.

(e) Final action. No final action may be taken at a closed

meeting. Final action shall be preceded by a public recital of

the nature of the matter being considered and other

information that will inform the public of the business being

conducted.

(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17;

100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff.

8-23-19; revised 9-27-19.)

(Text of Section after amendment by P.A. 101-652)

Sec. 2. Open meetings.

(a) Openness required. All meetings of public bodies shall

be open to the public unless excepted in subsection (c) and

closed in accordance with Section 2a.

(b) Construction of exceptions. The exceptions contained

in subsection (c) are in derogation of the requirement that

public bodies meet in the open, and therefore, the exceptions

are to be strictly construed, extending only to subjects

clearly within their scope. The exceptions authorize but do

not require the holding of a closed meeting to discuss a

subject included within an enumerated exception.

(c) Exceptions. A public body may hold closed meetings to

consider the following subjects:

(1) The appointment, employment, compensation,

discipline, performance, or dismissal of specific

employees, specific individuals who serve as independent

contractors in a park, recreational, or educational

setting, or specific volunteers of the public body or

legal counsel for the public body, including hearing

testimony on a complaint lodged against an employee, a

specific individual who serves as an independent

contractor in a park, recreational, or educational

setting, or a volunteer of the public body or against

legal counsel for the public body to determine its

validity. However, a meeting to consider an increase in

compensation to a specific employee of a public body that

is subject to the Local Government Wage Increase

Transparency Act may not be closed and shall be open to the

public and posted and held in accordance with this Act.

(2) Collective negotiating matters between the public

body and its employees or their representatives, or

deliberations concerning salary schedules for one or more

classes of employees.

(3) The selection of a person to fill a public office,

as defined in this Act, including a vacancy in a public

office, when the public body is given power to appoint

under law or ordinance, or the discipline, performance or

removal of the occupant of a public office, when the

public body is given power to remove the occupant under

law or ordinance.

(4) Evidence or testimony presented in open hearing,

or in closed hearing where specifically authorized by law,

to a quasi-adjudicative body, as defined in this Act,

provided that the body prepares and makes available for

public inspection a written decision setting forth its

determinative reasoning.

(5) The purchase or lease of real property for the use

of the public body, including meetings held for the

purpose of discussing whether a particular parcel should

be acquired.

(6) The setting of a price for sale or lease of

property owned by the public body.

(7) The sale or purchase of securities, investments,

or investment contracts. This exception shall not apply to

the investment of assets or income of funds deposited into

the Illinois Prepaid Tuition Trust Fund.

(8) Security procedures, school building safety and

security, and the use of personnel and equipment to

respond to an actual, a threatened, or a reasonably

potential danger to the safety of employees, students,

staff, the public, or public property.

(9) Student disciplinary cases.

(10) The placement of individual students in special

education programs and other matters relating to

individual students.

(11) Litigation, when an action against, affecting or

on behalf of the particular public body has been filed and

is pending before a court or administrative tribunal, or

when the public body finds that an action is probable or

imminent, in which case the basis for the finding shall be

recorded and entered into the minutes of the closed

meeting.

(12) The establishment of reserves or settlement of

claims as provided in the Local Governmental and

Governmental Employees Tort Immunity Act, if otherwise the

disposition of a claim or potential claim might be

prejudiced, or the review or discussion of claims, loss or

risk management information, records, data, advice or

communications from or with respect to any insurer of the

public body or any intergovernmental risk management

association or self insurance pool of which the public

body is a member.

(13) Conciliation of complaints of discrimination in

the sale or rental of housing, when closed meetings are

authorized by the law or ordinance prescribing fair

housing practices and creating a commission or

administrative agency for their enforcement.

(14) Informant sources, the hiring or assignment of

undercover personnel or equipment, or ongoing, prior or

future criminal investigations, when discussed by a public

body with criminal investigatory responsibilities.

(15) Professional ethics or performance when

considered by an advisory body appointed to advise a

licensing or regulatory agency on matters germane to the

advisory body's field of competence.

(16) Self evaluation, practices and procedures or

professional ethics, when meeting with a representative of

a statewide association of which the public body is a

member.

(17) The recruitment, credentialing, discipline or

formal peer review of physicians or other health care

professionals, or for the discussion of matters protected

under the federal Patient Safety and Quality Improvement

Act of 2005, and the regulations promulgated thereunder,

including 42 C.F.R. Part 3 (73 FR 70732), or the federal

Health Insurance Portability and Accountability Act of

1996, and the regulations promulgated thereunder,

including 45 C.F.R. Parts 160, 162, and 164, by a

hospital, or other institution providing medical care,

that is operated by the public body.

(18) Deliberations for decisions of the Prisoner

Review Board.

(19) Review or discussion of applications received

under the Experimental Organ Transplantation Procedures

Act.

(20) The classification and discussion of matters

classified as confidential or continued confidential by

the State Government Suggestion Award Board.

(21) Discussion of minutes of meetings lawfully closed

under this Act, whether for purposes of approval by the

body of the minutes or semi-annual review of the minutes

as mandated by Section 2.06.

(22) Deliberations for decisions of the State

Emergency Medical Services Disciplinary Review Board.

(23) The operation by a municipality of a municipal

utility or the operation of a municipal power agency or

municipal natural gas agency when the discussion involves

(i) contracts relating to the purchase, sale, or delivery

of electricity or natural gas or (ii) the results or

conclusions of load forecast studies.

(24) Meetings of a residential health care facility

resident sexual assault and death review team or the

Executive Council under the Abuse Prevention Review Team

Act.

(25) Meetings of an independent team of experts under

Brian's Law.

(26) Meetings of a mortality review team appointed

under the Department of Juvenile Justice Mortality Review

Team Act.

(27) (Blank).

(28) Correspondence and records (i) that may not be

disclosed under Section 11-9 of the Illinois Public Aid

Code or (ii) that pertain to appeals under Section 11-8 of

the Illinois Public Aid Code.

(29) Meetings between internal or external auditors

and governmental audit committees, finance committees, and

their equivalents, when the discussion involves internal

control weaknesses, identification of potential fraud risk

areas, known or suspected frauds, and fraud interviews

conducted in accordance with generally accepted auditing

standards of the United States of America.

(30) Those meetings or portions of meetings of a

fatality review team or the Illinois Fatality Review Team

Advisory Council during which a review of the death of an

eligible adult in which abuse or neglect is suspected,

alleged, or substantiated is conducted pursuant to Section

15 of the Adult Protective Services Act.

(31) Meetings and deliberations for decisions of the

Concealed Carry Licensing Review Board under the Firearm

Concealed Carry Act.

(32) Meetings between the Regional Transportation

Authority Board and its Service Boards when the discussion

involves review by the Regional Transportation Authority

Board of employment contracts under Section 28d of the

Metropolitan Transit Authority Act and Sections 3A.18 and

3B.26 of the Regional Transportation Authority Act.

(33) Those meetings or portions of meetings of the

advisory committee and peer review subcommittee created

under Section 320 of the Illinois Controlled Substances

Act during which specific controlled substance prescriber,

dispenser, or patient information is discussed.

(34) Meetings of the Tax Increment Financing Reform

Task Force under Section 2505-800 of the Department of

Revenue Law of the Civil Administrative Code of Illinois.

(35) Meetings of the group established to discuss

Medicaid capitation rates under Section 5-30.8 of the

Illinois Public Aid Code.

(36) Those deliberations or portions of deliberations

for decisions of the Illinois Gaming Board in which there

is discussed any of the following: (i) personal,

commercial, financial, or other information obtained from

any source that is privileged, proprietary, confidential,

or a trade secret; or (ii) information specifically

exempted from the disclosure by federal or State law.

(37) Deliberations for decisions of the Illinois Law

Enforcement Training Standards Board, the Certification

Review Panel, and the Illinois State Police Merit Board

regarding certification and decertification.

(38) Meetings of the Firearm Owner's Identification

Card Review Board under Section 10 of the Firearm Owners

Identification Card Act.

(d) Definitions. For purposes of this Section:

"Employee" means a person employed by a public body whose

relationship with the public body constitutes an

employer-employee relationship under the usual common law

rules, and who is not an independent contractor.

"Public office" means a position created by or under the

Constitution or laws of this State, the occupant of which is

charged with the exercise of some portion of the sovereign

power of this State. The term "public office" shall include

members of the public body, but it shall not include

organizational positions filled by members thereof, whether

established by law or by a public body itself, that exist to

assist the body in the conduct of its business.

"Quasi-adjudicative body" means an administrative body

charged by law or ordinance with the responsibility to conduct

hearings, receive evidence or testimony and make

determinations based thereon, but does not include local

electoral boards when such bodies are considering petition

challenges.

(e) Final action. No final action may be taken at a closed

meeting. Final action shall be preceded by a public recital of

the nature of the matter being considered and other

information that will inform the public of the business being

conducted.

(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17;

100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff.

8-23-19; 101-652, eff. 1-1-22.)

Section 5. The Freedom of Information Act is amended by

changing Section 7.5 as follows:

(5 ILCS 140/7.5)

(Text of Section before amendment by P.A. 101-652)

Sec. 7.5. Statutory exemptions. To the extent provided for

by the statutes referenced below, the following shall be

exempt from inspection and copying:

(a) All information determined to be confidential

under Section 4002 of the Technology Advancement and

Development Act.

(b) Library circulation and order records identifying

library users with specific materials under the Library

Records Confidentiality Act.

(c) Applications, related documents, and medical

records received by the Experimental Organ Transplantation

Procedures Board and any and all documents or other

records prepared by the Experimental Organ Transplantation

Procedures Board or its staff relating to applications it

has received.

(d) Information and records held by the Department of

Public Health and its authorized representatives relating

to known or suspected cases of sexually transmissible

disease or any information the disclosure of which is

restricted under the Illinois Sexually Transmissible

Disease Control Act.

(e) Information the disclosure of which is exempted

under Section 30 of the Radon Industry Licensing Act.

(f) Firm performance evaluations under Section 55 of

the Architectural, Engineering, and Land Surveying

Qualifications Based Selection Act.

(g) Information the disclosure of which is restricted

and exempted under Section 50 of the Illinois Prepaid

Tuition Act.

(h) Information the disclosure of which is exempted

under the State Officials and Employees Ethics Act, and

records of any lawfully created State or local inspector

general's office that would be exempt if created or

obtained by an Executive Inspector General's office under

that Act.

(i) Information contained in a local emergency energy

plan submitted to a municipality in accordance with a

local emergency energy plan ordinance that is adopted

under Section 11-21.5-5 of the Illinois Municipal Code.

(j) Information and data concerning the distribution

of surcharge moneys collected and remitted by carriers

under the Emergency Telephone System Act.

(k) Law enforcement officer identification information

or driver identification information compiled by a law

enforcement agency or the Department of Transportation

under Section 11-212 of the Illinois Vehicle Code.

(l) Records and information provided to a residential

health care facility resident sexual assault and death

review team or the Executive Council under the Abuse

Prevention Review Team Act.

(m) Information provided to the predatory lending

database created pursuant to Article 3 of the Residential

Real Property Disclosure Act, except to the extent

authorized under that Article.

(n) Defense budgets and petitions for certification of

compensation and expenses for court appointed trial

counsel as provided under Sections 10 and 15 of the

Capital Crimes Litigation Act. This subsection (n) shall

apply until the conclusion of the trial of the case, even

if the prosecution chooses not to pursue the death penalty

prior to trial or sentencing.

(o) Information that is prohibited from being

disclosed under Section 4 of the Illinois Health and

Hazardous Substances Registry Act.

(p) Security portions of system safety program plans,

investigation reports, surveys, schedules, lists, data, or

information compiled, collected, or prepared by or for the

Regional Transportation Authority under Section 2.11 of

the Regional Transportation Authority Act or the St. Clair

County Transit District under the Bi-State Transit Safety

Act.

(q) Information prohibited from being disclosed by the

Personnel Record Review Act.

(r) Information prohibited from being disclosed by the

Illinois School Student Records Act.

(s) Information the disclosure of which is restricted

under Section 5-108 of the Public Utilities Act.

(t) All identified or deidentified health information

in the form of health data or medical records contained

in, stored in, submitted to, transferred by, or released

from the Illinois Health Information Exchange, and

identified or deidentified health information in the form

of health data and medical records of the Illinois Health

Information Exchange in the possession of the Illinois

Health Information Exchange Office due to its

administration of the Illinois Health Information

Exchange. The terms "identified" and "deidentified" shall

be given the same meaning as in the Health Insurance

Portability and Accountability Act of 1996, Public Law

104-191, or any subsequent amendments thereto, and any

regulations promulgated thereunder.

(u) Records and information provided to an independent

team of experts under the Developmental Disability and

Mental Health Safety Act (also known as Brian's Law).

(v) Names and information of people who have applied

for or received Firearm Owner's Identification Cards under

the Firearm Owners Identification Card Act or applied for

or received a concealed carry license under the Firearm

Concealed Carry Act, unless otherwise authorized by the

Firearm Concealed Carry Act; and databases under the

Firearm Concealed Carry Act, records of the Concealed

Carry Licensing Review Board under the Firearm Concealed

Carry Act, and law enforcement agency objections under the

Firearm Concealed Carry Act.

(w) Personally identifiable information which is

exempted from disclosure under subsection (g) of Section

19.1 of the Toll Highway Act.

(x) Information which is exempted from disclosure

under Section 5-1014.3 of the Counties Code or Section

8-11-21 of the Illinois Municipal Code.

(y) Confidential information under the Adult

Protective Services Act and its predecessor enabling

statute, the Elder Abuse and Neglect Act, including

information about the identity and administrative finding

against any caregiver of a verified and substantiated

decision of abuse, neglect, or financial exploitation of

an eligible adult maintained in the Registry established

under Section 7.5 of the Adult Protective Services Act.

(z) Records and information provided to a fatality

review team or the Illinois Fatality Review Team Advisory

Council under Section 15 of the Adult Protective Services

Act.

(aa) Information which is exempted from disclosure

under Section 2.37 of the Wildlife Code.

(bb) Information which is or was prohibited from

disclosure by the Juvenile Court Act of 1987.

(cc) Recordings made under the Law Enforcement

Officer-Worn Body Camera Act, except to the extent

authorized under that Act.

(dd) Information that is prohibited from being

disclosed under Section 45 of the Condominium and Common

Interest Community Ombudsperson Act.

(ee) Information that is exempted from disclosure

under Section 30.1 of the Pharmacy Practice Act.

(ff) Information that is exempted from disclosure

under the Revised Uniform Unclaimed Property Act.

(gg) Information that is prohibited from being

disclosed under Section 7-603.5 of the Illinois Vehicle

Code.

(hh) Records that are exempt from disclosure under

Section 1A-16.7 of the Election Code.

(ii) Information which is exempted from disclosure

under Section 2505-800 of the Department of Revenue Law of

the Civil Administrative Code of Illinois.

(jj) Information and reports that are required to be

submitted to the Department of Labor by registering day

and temporary labor service agencies but are exempt from

disclosure under subsection (a-1) of Section 45 of the Day

and Temporary Labor Services Act.

(kk) Information prohibited from disclosure under the

Seizure and Forfeiture Reporting Act.

(ll) Information the disclosure of which is restricted

and exempted under Section 5-30.8 of the Illinois Public

Aid Code.

(mm) Records that are exempt from disclosure under

Section 4.2 of the Crime Victims Compensation Act.

(nn) Information that is exempt from disclosure under

Section 70 of the Higher Education Student Assistance Act.

(oo) Communications, notes, records, and reports

arising out of a peer support counseling session

prohibited from disclosure under the First Responders

Suicide Prevention Act.

(pp) Names and all identifying information relating to

an employee of an emergency services provider or law

enforcement agency under the First Responders Suicide

Prevention Act.

(qq) Information and records held by the Department of

Public Health and its authorized representatives collected

under the Reproductive Health Act.

(rr) Information that is exempt from disclosure under

the Cannabis Regulation and Tax Act.

(ss) Data reported by an employer to the Department of

Human Rights pursuant to Section 2-108 of the Illinois

Human Rights Act.

(tt) Recordings made under the Children's Advocacy

Center Act, except to the extent authorized under that

Act.

(uu) Information that is exempt from disclosure under

Section 50 of the Sexual Assault Evidence Submission Act.

(vv) Information that is exempt from disclosure under

subsections (f) and (j) of Section 5-36 of the Illinois

Public Aid Code.

(ww) Information that is exempt from disclosure under

Section 16.8 of the State Treasurer Act.

(xx) Information that is exempt from disclosure or

information that shall not be made public under the

Illinois Insurance Code.

(yy) Information prohibited from being disclosed under

the Illinois Educational Labor Relations Act.

(zz) Information prohibited from being disclosed under

the Illinois Public Labor Relations Act.

(aaa) Information prohibited from being disclosed

under Section 1-167 of the Illinois Pension Code.

(bbb) Information that is exempt from disclosure under

subsection (k) of Section 11 of the Equal Pay Act of 2003.

(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;

100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.

8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,

eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;

100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.

6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,

eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;

101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.

1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,

eff. 7-7-20; 101-656, eff. 3-23-21.)

(Text of Section after amendment by P.A. 101-652)

Sec. 7.5. Statutory exemptions. To the extent provided for

by the statutes referenced below, the following shall be

exempt from inspection and copying:

(a) All information determined to be confidential

under Section 4002 of the Technology Advancement and

Development Act.

(b) Library circulation and order records identifying

library users with specific materials under the Library

Records Confidentiality Act.

(c) Applications, related documents, and medical

records received by the Experimental Organ Transplantation

Procedures Board and any and all documents or other

records prepared by the Experimental Organ Transplantation

Procedures Board or its staff relating to applications it

has received.

(d) Information and records held by the Department of

Public Health and its authorized representatives relating

to known or suspected cases of sexually transmissible

disease or any information the disclosure of which is

restricted under the Illinois Sexually Transmissible

Disease Control Act.

(e) Information the disclosure of which is exempted

under Section 30 of the Radon Industry Licensing Act.

(f) Firm performance evaluations under Section 55 of

the Architectural, Engineering, and Land Surveying

Qualifications Based Selection Act.

(g) Information the disclosure of which is restricted

and exempted under Section 50 of the Illinois Prepaid

Tuition Act.

(h) Information the disclosure of which is exempted

under the State Officials and Employees Ethics Act, and

records of any lawfully created State or local inspector

general's office that would be exempt if created or

obtained by an Executive Inspector General's office under

that Act.

(i) Information contained in a local emergency energy

plan submitted to a municipality in accordance with a

local emergency energy plan ordinance that is adopted

under Section 11-21.5-5 of the Illinois Municipal Code.

(j) Information and data concerning the distribution

of surcharge moneys collected and remitted by carriers

under the Emergency Telephone System Act.

(k) Law enforcement officer identification information

or driver identification information compiled by a law

enforcement agency or the Department of Transportation

under Section 11-212 of the Illinois Vehicle Code.

(l) Records and information provided to a residential

health care facility resident sexual assault and death

review team or the Executive Council under the Abuse

Prevention Review Team Act.

(m) Information provided to the predatory lending

database created pursuant to Article 3 of the Residential

Real Property Disclosure Act, except to the extent

authorized under that Article.

(n) Defense budgets and petitions for certification of

compensation and expenses for court appointed trial

counsel as provided under Sections 10 and 15 of the

Capital Crimes Litigation Act. This subsection (n) shall

apply until the conclusion of the trial of the case, even

if the prosecution chooses not to pursue the death penalty

prior to trial or sentencing.

(o) Information that is prohibited from being

disclosed under Section 4 of the Illinois Health and

Hazardous Substances Registry Act.

(p) Security portions of system safety program plans,

investigation reports, surveys, schedules, lists, data, or

information compiled, collected, or prepared by or for the

Regional Transportation Authority under Section 2.11 of

the Regional Transportation Authority Act or the St. Clair

County Transit District under the Bi-State Transit Safety

Act.

(q) Information prohibited from being disclosed by the

Personnel Record Review Act.

(r) Information prohibited from being disclosed by the

Illinois School Student Records Act.

(s) Information the disclosure of which is restricted

under Section 5-108 of the Public Utilities Act.

(t) All identified or deidentified health information

in the form of health data or medical records contained

in, stored in, submitted to, transferred by, or released

from the Illinois Health Information Exchange, and

identified or deidentified health information in the form

of health data and medical records of the Illinois Health

Information Exchange in the possession of the Illinois

Health Information Exchange Office due to its

administration of the Illinois Health Information

Exchange. The terms "identified" and "deidentified" shall

be given the same meaning as in the Health Insurance

Portability and Accountability Act of 1996, Public Law

104-191, or any subsequent amendments thereto, and any

regulations promulgated thereunder.

(u) Records and information provided to an independent

team of experts under the Developmental Disability and

Mental Health Safety Act (also known as Brian's Law).

(v) Names and information of people who have applied

for or received Firearm Owner's Identification Cards under

the Firearm Owners Identification Card Act or applied for

or received a concealed carry license under the Firearm

Concealed Carry Act, unless otherwise authorized by the

Firearm Concealed Carry Act; and databases under the

Firearm Concealed Carry Act, records of the Concealed

Carry Licensing Review Board under the Firearm Concealed

Carry Act, and law enforcement agency objections under the

Firearm Concealed Carry Act.

(v-5) Records of the Firearm Owner's Identification

Card Review Board that are exempted from disclosure under

Section 10 of the Firearm Owners Identification Card Act.

(w) Personally identifiable information which is

exempted from disclosure under subsection (g) of Section

19.1 of the Toll Highway Act.

(x) Information which is exempted from disclosure

under Section 5-1014.3 of the Counties Code or Section

8-11-21 of the Illinois Municipal Code.

(y) Confidential information under the Adult

Protective Services Act and its predecessor enabling

statute, the Elder Abuse and Neglect Act, including

information about the identity and administrative finding

against any caregiver of a verified and substantiated

decision of abuse, neglect, or financial exploitation of

an eligible adult maintained in the Registry established

under Section 7.5 of the Adult Protective Services Act.

(z) Records and information provided to a fatality

review team or the Illinois Fatality Review Team Advisory

Council under Section 15 of the Adult Protective Services

Act.

(aa) Information which is exempted from disclosure

under Section 2.37 of the Wildlife Code.

(bb) Information which is or was prohibited from

disclosure by the Juvenile Court Act of 1987.

(cc) Recordings made under the Law Enforcement

Officer-Worn Body Camera Act, except to the extent

authorized under that Act.

(dd) Information that is prohibited from being

disclosed under Section 45 of the Condominium and Common

Interest Community Ombudsperson Act.

(ee) Information that is exempted from disclosure

under Section 30.1 of the Pharmacy Practice Act.

(ff) Information that is exempted from disclosure

under the Revised Uniform Unclaimed Property Act.

(gg) Information that is prohibited from being

disclosed under Section 7-603.5 of the Illinois Vehicle

Code.

(hh) Records that are exempt from disclosure under

Section 1A-16.7 of the Election Code.

(ii) Information which is exempted from disclosure

under Section 2505-800 of the Department of Revenue Law of

the Civil Administrative Code of Illinois.

(jj) Information and reports that are required to be

submitted to the Department of Labor by registering day

and temporary labor service agencies but are exempt from

disclosure under subsection (a-1) of Section 45 of the Day

and Temporary Labor Services Act.

(kk) Information prohibited from disclosure under the

Seizure and Forfeiture Reporting Act.

(ll) Information the disclosure of which is restricted

and exempted under Section 5-30.8 of the Illinois Public

Aid Code.

(mm) Records that are exempt from disclosure under

Section 4.2 of the Crime Victims Compensation Act.

(nn) Information that is exempt from disclosure under

Section 70 of the Higher Education Student Assistance Act.

(oo) Communications, notes, records, and reports

arising out of a peer support counseling session

prohibited from disclosure under the First Responders

Suicide Prevention Act.

(pp) Names and all identifying information relating to

an employee of an emergency services provider or law

enforcement agency under the First Responders Suicide

Prevention Act.

(qq) Information and records held by the Department of

Public Health and its authorized representatives collected

under the Reproductive Health Act.

(rr) Information that is exempt from disclosure under

the Cannabis Regulation and Tax Act.

(ss) Data reported by an employer to the Department of

Human Rights pursuant to Section 2-108 of the Illinois

Human Rights Act.

(tt) Recordings made under the Children's Advocacy

Center Act, except to the extent authorized under that

Act.

(uu) Information that is exempt from disclosure under

Section 50 of the Sexual Assault Evidence Submission Act.

(vv) Information that is exempt from disclosure under

subsections (f) and (j) of Section 5-36 of the Illinois

Public Aid Code.

(ww) Information that is exempt from disclosure under

Section 16.8 of the State Treasurer Act.

(xx) Information that is exempt from disclosure or

information that shall not be made public under the

Illinois Insurance Code.

(yy) Information prohibited from being disclosed under

the Illinois Educational Labor Relations Act.

(zz) Information prohibited from being disclosed under

the Illinois Public Labor Relations Act.

(aaa) Information prohibited from being disclosed

under Section 1-167 of the Illinois Pension Code.

(bbb) Information that is exempt from disclosure under

subsection (k) of Section 11 of the Equal Pay Act of 2003.

(ccc) (bbb) Information that is prohibited from

disclosure by the Illinois Police Training Act and the

State Police Act.

(ddd) Records exempt from disclosure under Section

2605-304 of the Department of State Police Law of the

Civil Administrative Code of Illinois.

(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;

100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.

8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,

eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;

100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.

6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,

eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;

101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.

1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,

eff. 7-7-20; 101-652, eff. 1-1-22; 101-656, eff. 3-23-21;

revised 4-21-21.)

Section 7. The Gun Trafficking Information Act is amended

by changing Section 10-5 as follows:

(5 ILCS 830/10-5)

Sec. 10-5. Gun trafficking information.

(a) The Department of State Police shall use all

reasonable efforts in making publicly available, on a regular

and ongoing basis, key information related to firearms used in

the commission of crimes in this State, including, but not

limited to: reports on crimes committed with firearms,

locations where the crimes occurred, the number of persons

killed or injured in the commission of the crimes, the state

where the firearms used originated, the Federal Firearms

Licensee that sold the firearm, and the type of firearms used,

annual statistical information concerning Firearm Owner's

Identification Card and concealed carry license applications,

revocations, and compliance with Section 9.5 of the Firearm

Owners Identification Card Act, firearm restraining order

dispositions, and firearm dealer license certification

inspections. The Department shall make the information

available on its website, which may be presented in a

dashboard format, in addition to electronically filing a

report with the Governor and the General Assembly. The report

to the General Assembly shall be filed with the Clerk of the

House of Representatives and the Secretary of the Senate in

electronic form only, in the manner that the Clerk and the

Secretary shall direct.

(b) The Department shall study, on a regular and ongoing

basis, and compile reports on the number of Firearm Owner's

Identification Card checks to determine firearms trafficking

or straw purchase patterns. The Department shall, to the

extent not inconsistent with law, share such reports and

underlying data with academic centers, foundations, and law

enforcement agencies studying firearms trafficking, provided

that personally identifying information is protected. For

purposes of this subsection (b), a Firearm Owner's

Identification Card number is not personally identifying

information, provided that no other personal information of

the card holder is attached to the record. The Department may

create and attach an alternate unique identifying number to

each Firearm Owner's Identification Card number, instead of

releasing the Firearm Owner's Identification Card number

itself.

(c) Each department, office, division, and agency of this

State shall, to the extent not inconsistent with law,

cooperate fully with the Department and furnish the Department

with all relevant information and assistance on a timely basis

as is necessary to accomplish the purpose of this Act. The

Illinois Criminal Justice Information Authority shall submit

the information required in subsection (a) of this Section to

the Department of State Police, and any other information as

the Department may request, to assist the Department in

carrying out its duties under this Act.

(Source: P.A. 100-1178, eff. 1-18-19.)

Section 10. The Department of State Police Law of the

Civil Administrative Code of Illinois is amended by changing

Section 2605-605 and by adding Section 2605-304 as follows:

(20 ILCS 2605/2605-304 new)

Sec. 2605-304. Prohibited persons portal.

(a) Within 90 days after the effective date of this

amendatory Act of the 102nd General Assembly, the Illinois

State Police shall establish a portal for use by federal,

State, or local law enforcement agencies, including Offices of

the State's Attorneys and the Office of the Attorney General

to capture a report of persons whose Firearm Owner's

Identification Cards have been revoked or suspended. The

portal is for law enforcement purposes only.

(b) The Illinois State Police shall include in the report

the reason the person's Firearm Owner's Identification Card

was subject to revocation or suspension, to the extent allowed

by law, consistent with Sections 8 and 8.2 of the Firearm

Owners Identification Card Act.

(c) The Illinois State Police shall indicate whether the

person subject to the revocation or suspension of his or her

Firearm Owner's Identification Card has surrendered his or her

revoked or suspended Firearm Owner's Identification Card and

whether the person has completed a Firearm Disposition Record

required under Section 9.5 of the Firearm Owners

Identification Card Act. The Illinois State Police shall make

reasonable efforts to make this information available on the

Law Enforcement Agencies Data System (LEADS).

(d) The Illinois State Police shall provide updates of

information related to an individual's current Firearm Owner's

Identification Card revocation or suspension status, including

compliance under Section 9.5 of the Firearm Owners

Identification Card Act, in the Illinois State Police's Law

Enforcement Agencies Data System.

(e) Records in this portal are exempt from disclosure

under the Freedom of Information Act.

(f) The Illinois State Police may adopt rules necessary to

implement this Section.

(20 ILCS 2605/2605-605)

Sec. 2605-605. Violent Crime Intelligence Task Force. The

Director of State Police shall may establish a statewide

multi-jurisdictional Violent Crime Intelligence Task Force led

by the Department of State Police dedicated to combating gun

violence, gun-trafficking, and other violent crime with the

primary mission of preservation of life and reducing the

occurrence and the fear of crime. The objectives of the Task

Force shall include, but not be limited to, reducing and

preventing illegal possession and use of firearms,

firearm-related homicides, and other violent crimes, and

solving firearm-related crimes.

(1) The Task Force may develop and acquire information,

training, tools, and resources necessary to implement a

data-driven approach to policing, with an emphasis on

intelligence development.

(2) The Task Force may utilize information sharing,

partnerships, crime analysis, and evidence-based practices to

assist in the reduction of firearm-related shootings,

homicides, and gun-trafficking, including, but not limited to,

ballistic data, eTrace data, DNA evidence, latent

fingerprints, firearm training data, and National Integrated

Ballistic Information Network (NIBIN) data. The Task Force may

design a model crime gun intelligence strategy which may

include, but is not limited to, comprehensive collection and

documentation of all ballistic evidence, timely transfer of

NIBIN and eTrace leads to an intelligence center, which may

include the Division of Criminal Investigation of the Illinois

State Police, timely dissemination of intelligence to

investigators, investigative follow-up, and coordinated

prosecution.

(3) The Task Force may recognize and utilize best

practices of community policing and may develop potential

partnerships with faith-based and community organizations to

achieve its goals.

(4) The Task Force may identify and utilize best practices

in drug-diversion programs and other community-based services

to redirect low-level offenders.

(5) The Task Force may assist in violence suppression

strategies including, but not limited to, details in

identified locations that have shown to be the most prone to

gun violence and violent crime, focused deterrence against

violent gangs and groups considered responsible for the

violence in communities, and other intelligence driven methods

deemed necessary to interrupt cycles of violence or prevent

retaliation.

(6) In consultation with the Chief Procurement Officer,

the Department of State Police may obtain contracts for

software, commodities, resources, and equipment to assist the

Task Force with achieving this Act. Any contracts necessary to

support the delivery of necessary software, commodities,

resources, and equipment are not subject to the Illinois

Procurement Code, except for Sections 20-60, 20-65, 20-70, and

20-160 and Article 50 of that Code, provided that the Chief

Procurement Officer may, in writing with justification, waive

any certification required under Article 50 of the Illinois

Procurement Code.

(7) The Task Force shall conduct enforcement operations

against persons whose Firearm Owner's Identification Cards

have been revoked or suspended and persons who fail to comply

with the requirements of Section 9.5 of the Firearm Owners

Identification Card Act, prioritizing individuals presenting a

clear and present danger to themselves or to others under

paragraph (2) of subsection (d) of Section 8.1 of the Firearm

Owners Identification Card Act.

(8) The Task Force shall collaborate with local law

enforcement agencies to enforce provisions of the Firearm

Owners Identification Card Act, the Firearm Concealed Carry

Act, the Firearm Dealer License Certification Act, and Article

24 of the Criminal Code of 2012.

(9) To implement this Section, the Director of the

Illinois State Police may establish intergovernmental

agreements with law enforcement agencies in accordance with

the Intergovernmental Cooperation Act.

(10) Law enforcement agencies that participate in

activities described in paragraphs (7) through (9) may apply

to the Illinois State Police for grants from the State Police

Revocation Enforcement Fund.

(Source: P.A. 100-3, eff. 1-1-18.)

Section 11. The Illinois Criminal Justice Information Act

is amended by adding Section 7.9 as follows:

(20 ILCS 3930/7.9 new)

Sec. 7.9. Firearm Prohibitors and Records Improvement Task

Force.

(a) As used in this Section, "firearms prohibitor" means

any factor listed in Section 4 of the Firearm Owners

Identification Card Act or Section 24-3 or 24-3.1 of the

Criminal Code of 2012 that prohibits a person from

transferring or possessing a firearm, firearm ammunition,

Firearm Owner's Identification Card, or concealed carry

license.

(b) The Firearm Prohibitors and Records Improvement Task

Force is created to identify and research all available

grants, resources, and revenue that may be applied for and

used by all entities responsible for reporting federal and

State firearm prohibitors to the Illinois State Police and the

National Instant Criminal Background Check System. Under the

Firearm Owners Identification Card Act, these reporting

entities include, but are not limited to, hospitals, courts,

law enforcement and corrections. The Task Force shall identify

weaknesses in reporting and recommend a strategy to direct

resources and revenue to ensuring reporting is reliable,

accurate, and timely. The Task Force shall inventory all

statutorily mandated firearm and gun violence related data

collection and reporting requirements, along with the agency

responsible for collecting that data, and identify gaps in

those requirements. The Task Force shall submit a coordinated

application with and through the Illinois Criminal Justice

Information Authority for federal funds from the National

Criminal History Improvement Program and the NICS Acts Record

Improvement Program. The Firearm Prohibitors and Records

Improvement Task Force shall be comprised of the following

members, all of whom shall serve without compensation:

(1) the Executive Director of the Illinois Criminal

Justice Information Authority, who shall serve as Chair;

(2) the Director of the Illinois State Police, or his

or her designee;

(3) the Secretary of Human Services, or his or her

designee;

(4) the Director of Corrections, or his or her

designee;

(5) the Attorney General, or his or her designee;

(6) the Director of the Administrative Office of the

Illinois Courts, or his or her designee;

(7) a representative of an association representing

circuit clerks appointed by the President of the Senate;

(8) a representative of an association representing

sheriffs appointed by the House Minority Leader;

(9) a representative of an association representing

State's Attorneys appointed by the House Minority Leader;

(10) a representative of an association representing

chiefs of police appointed by the Senate Minority Leader;

(11) a representative of an association representing

hospitals appointed by the Speaker of the House of

Representatives;

(12) a representative of an association representing

counties appointed by the President of the Senate; and

(13) a representative of an association representing

municipalities appointed by the Speaker of the House of

Representatives.

(c) The Illinois Criminal Justice Information Authority

shall provide administrative and other support to the Task

Force. The Illinois State Police Division of Justice Services

shall also provide support to the Illinois Criminal Justice

Information Authority and the Task Force.

(d) The Task Force may meet in person or virtually and

shall issue a written report of its findings and

recommendations to General Assembly on or before July 1, 2022.

The Task Force shall issue an annual report, which shall

include information on the state of FOID data, including a

review of previous activity by the Task Force to close

previously identified gaps; identifying known (or new) gaps; a

proposal of policy and practice recommendations to close those

gaps; and a preview of expected activities of the Task Force

for the coming year.

(e) Within 60 days of the effective date of this

amendatory Act of the 102nd General Assembly, the Chair shall

establish the Task Force.

(f) This Section is repealed on July 1, 2027.

Section 15. The State Finance Act is amended by changing

6z-99 and by adding Sections 5.938 and 6z-125 as follows:

(30 ILCS 105/5.938 new)

Sec. 5.938. The State Police Revocation Enforcement Fund.

(30 ILCS 105/6z-99)

Sec. 6z-99. The Mental Health Reporting Fund.

(a) There is created in the State treasury a special fund

known as the Mental Health Reporting Fund. The Fund shall

receive revenue under the Firearm Concealed Carry Act. The

Fund may also receive revenue from grants, pass-through

grants, donations, appropriations, and any other legal source.

(b) The Department of State Police and Department of Human

Services shall coordinate to use moneys in the Fund to finance

their respective duties of collecting and reporting data on

mental health records and ensuring that mental health firearm

possession prohibitors are enforced as set forth under the

Firearm Concealed Carry Act and the Firearm Owners

Identification Card Act. Any surplus in the Fund beyond what

is necessary to ensure compliance with mental health reporting

under these Acts shall be used by the Department of Human

Services for mental health treatment programs as follows: (1)

50% shall be used to fund community-based mental health

programs aimed at reducing gun violence, community integration

and education, or mental health awareness and prevention,

including administrative costs; and (2) 50% shall be used to

award grants that use and promote the National School Mental

Health Curriculum model for school-based mental health

support, integration, and services.

(c) Investment income that is attributable to the

investment of moneys in the Fund shall be retained in the Fund

for the uses specified in this Section.

(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)

(30 ILCS 105/6z-125 new)

Sec. 6z-125. State Police Revocation Enforcement Fund.

(a) The State Police Revocation Enforcement Fund is

established as a special fund in the State treasury. This Fund

is established to receive moneys from the Firearm Owners

Identification Card Act to enforce that Act, the Firearm

Concealed Carry Act, Article 24 of the Criminal Code of 2012,

and other firearm offenses. The Fund may also receive revenue

from grants, donations, appropriations, and any other legal

source.

(b) The Illinois State Police may use moneys from the Fund

to establish task forces and, if necessary, include other law

enforcement agencies, under intergovernmental contracts

written and executed in conformity with the Intergovernmental

Cooperation Act.

(c) The Illinois State Police may use moneys in the Fund to

hire and train State Police officers and prevention of violent

crime.

(d) The State Police Revocation Enforcement Fund is not

subject to administrative chargebacks.

(e) Law enforcement agencies that participate in Firearm

Owner's Identification Card revocation enforcement in the

Violent Crime Intelligence Task Force may apply for grants

from the Illinois State Police.

Section 16. The Intergovernmental Drug Laws Enforcement

Act is amended by changing Section 3 as follows:

(30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)

Sec. 3. A Metropolitan Enforcement Group which meets the

minimum criteria established in this Section is eligible to

receive State grants to help defray the costs of operation. To

be eligible a MEG must:

(1) Be established and operating pursuant to

intergovernmental contracts written and executed in

conformity with the Intergovernmental Cooperation Act, and

involve 2 or more units of local government.

(2) Establish a MEG Policy Board composed of an

elected official, or his designee, and the chief law

enforcement officer, or his designee, from each

participating unit of local government to oversee the

operations of the MEG and make such reports to the

Department of State Police as the Department may require.

(3) Designate a single appropriate elected official of

a participating unit of local government to act as the

financial officer of the MEG for all participating units

of local government and to receive funds for the operation

of the MEG.

(4) Limit its operations to enforcement of drug laws;

enforcement of Sections 10-9, 24-1, 24-1.1, 24-1.2,

24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1, 24-2.2, 24-3,

24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8,

24-3.9,24-3A, 24-3B, 24-4, and 24-5 and subsections

24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9),

24-1(a)(10), and 24-1(c) of the Criminal Code of 2012;

Sections 2, 3, 6.1, 14 of the Firearm Owners

Identification Card Act; and the investigation of

streetgang related offenses.

(5) Cooperate with the Department of State Police in

order to assure compliance with this Act and to enable the

Department to fulfill its duties under this Act, and

supply the Department with all information the Department

deems necessary therefor.

(6) Receive funding of at least 50% of the total

operating budget of the MEG from the participating units

of local government.

(Source: P.A. 97-1150, eff. 1-25-13.)

Section 20. The Firearm Owners Identification Card Act is

amended by changing Sections 1.1, 3, 3.1, 4, 5, 6, 7, 8.2, 8.3,

9.5, 10, 11, and 13.2 and by adding Sections 6.2, 7.5, 8.4,

8.5, and 13.4 as follows:

(430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)

Sec. 1.1. For purposes of this Act:

"Addicted to narcotics" means a person who has been:

(1) convicted of an offense involving the use or

possession of cannabis, a controlled substance, or

methamphetamine within the past year; or

(2) determined by the Department of State Police to be

addicted to narcotics based upon federal law or federal

guidelines.

"Addicted to narcotics" does not include possession or use

of a prescribed controlled substance under the direction and

authority of a physician or other person authorized to

prescribe the controlled substance when the controlled

substance is used in the prescribed manner.

"Adjudicated as a person with a mental disability" means

the person is the subject of a determination by a court, board,

commission or other lawful authority that the person, as a

result of marked subnormal intelligence, or mental illness,

mental impairment, incompetency, condition, or disease:

(1) presents a clear and present danger to himself,

herself, or to others;

(2) lacks the mental capacity to manage his or her own

affairs or is adjudicated a person with a disability as

defined in Section 11a-2 of the Probate Act of 1975;

(3) is not guilty in a criminal case by reason of

insanity, mental disease or defect;

(3.5) is guilty but mentally ill, as provided in

Section 5-2-6 of the Unified Code of Corrections;

(4) is incompetent to stand trial in a criminal case;

(5) is not guilty by reason of lack of mental

responsibility under Articles 50a and 72b of the Uniform

Code of Military Justice, 10 U.S.C. 850a, 876b;

(6) is a sexually violent person under subsection (f)

of Section 5 of the Sexually Violent Persons Commitment

Act;

(7) is a sexually dangerous person under the Sexually

Dangerous Persons Act;

(8) is unfit to stand trial under the Juvenile Court

Act of 1987;

(9) is not guilty by reason of insanity under the

Juvenile Court Act of 1987;

(10) is subject to involuntary admission as an

inpatient as defined in Section 1-119 of the Mental Health

and Developmental Disabilities Code;

(11) is subject to involuntary admission as an

outpatient as defined in Section 1-119.1 of the Mental

Health and Developmental Disabilities Code;

(12) is subject to judicial admission as set forth in

Section 4-500 of the Mental Health and Developmental

Disabilities Code; or

(13) is subject to the provisions of the Interstate

Agreements on Sexually Dangerous Persons Act.

"Clear and present danger" means a person who:

(1) communicates a serious threat of physical violence

against a reasonably identifiable victim or poses a clear

and imminent risk of serious physical injury to himself,

herself, or another person as determined by a physician,

clinical psychologist, or qualified examiner; or

(2) demonstrates threatening physical or verbal

behavior, such as violent, suicidal, or assaultive

threats, actions, or other behavior, as determined by a

physician, clinical psychologist, qualified examiner,

school administrator, or law enforcement official.

"Clinical psychologist" has the meaning provided in

Section 1-103 of the Mental Health and Developmental

Disabilities Code.

"Controlled substance" means a controlled substance or

controlled substance analog as defined in the Illinois

Controlled Substances Act.

"Counterfeit" means to copy or imitate, without legal

authority, with intent to deceive.

"Federally licensed firearm dealer" means a person who is

licensed as a federal firearms dealer under Section 923 of the

federal Gun Control Act of 1968 (18 U.S.C. 923).

"Firearm" means any device, by whatever name known, which

is designed to expel a projectile or projectiles by the action

of an explosion, expansion of gas or escape of gas; excluding,

however:

(1) any pneumatic gun, spring gun, paint ball gun, or

B-B gun which expels a single globular projectile not

exceeding .18 inch in diameter or which has a maximum

muzzle velocity of less than 700 feet per second;

(1.1) any pneumatic gun, spring gun, paint ball gun,

or B-B gun which expels breakable paint balls containing

washable marking colors;

(2) any device used exclusively for signalling or

safety and required or recommended by the United States

Coast Guard or the Interstate Commerce Commission;

(3) any device used exclusively for the firing of stud

cartridges, explosive rivets or similar industrial

ammunition; and

(4) an antique firearm (other than a machine-gun)

which, although designed as a weapon, the Department of

State Police finds by reason of the date of its

manufacture, value, design, and other characteristics is

primarily a collector's item and is not likely to be used

as a weapon.

"Firearm ammunition" means any self-contained cartridge or

shotgun shell, by whatever name known, which is designed to be

used or adaptable to use in a firearm; excluding, however:

(1) any ammunition exclusively designed for use with a

device used exclusively for signalling or safety and

required or recommended by the United States Coast Guard

or the Interstate Commerce Commission; and

(2) any ammunition designed exclusively for use with a

stud or rivet driver or other similar industrial

ammunition.

"Gun show" means an event or function:

(1) at which the sale and transfer of firearms is the

regular and normal course of business and where 50 or more

firearms are displayed, offered, or exhibited for sale,

transfer, or exchange; or

(2) at which not less than 10 gun show vendors

display, offer, or exhibit for sale, sell, transfer, or

exchange firearms.

"Gun show" includes the entire premises provided for an

event or function, including parking areas for the event or

function, that is sponsored to facilitate the purchase, sale,

transfer, or exchange of firearms as described in this

Section. Nothing in this definition shall be construed to

exclude a gun show held in conjunction with competitive

shooting events at the World Shooting Complex sanctioned by a

national governing body in which the sale or transfer of

firearms is authorized under subparagraph (5) of paragraph (g)

of subsection (A) of Section 24-3 of the Criminal Code of 2012.

Unless otherwise expressly stated, "gun show" does not

include training or safety classes, competitive shooting

events, such as rifle, shotgun, or handgun matches, trap,

skeet, or sporting clays shoots, dinners, banquets, raffles,

or any other event where the sale or transfer of firearms is

not the primary course of business.

"Gun show promoter" means a person who organizes or

operates a gun show.

"Gun show vendor" means a person who exhibits, sells,

offers for sale, transfers, or exchanges any firearms at a gun

show, regardless of whether the person arranges with a gun

show promoter for a fixed location from which to exhibit,

sell, offer for sale, transfer, or exchange any firearm.

"Involuntarily admitted" has the meaning as prescribed in

Sections 1-119 and 1-119.1 of the Mental Health and

Developmental Disabilities Code.

"Mental health facility" means any licensed private

hospital or hospital affiliate, institution, or facility, or

part thereof, and any facility, or part thereof, operated by

the State or a political subdivision thereof which provide

treatment of persons with mental illness and includes all

hospitals, institutions, clinics, evaluation facilities,

mental health centers, colleges, universities, long-term care

facilities, and nursing homes, or parts thereof, which provide

treatment of persons with mental illness whether or not the

primary purpose is to provide treatment of persons with mental

illness.

"National governing body" means a group of persons who

adopt rules and formulate policy on behalf of a national

firearm sporting organization.

"Patient" means:

(1) a person who is admitted as an inpatient or

resident of a public or private mental health facility for

mental health treatment under Chapter III of the Mental

Health and Developmental Disabilities Code as an informal

admission, a voluntary admission, a minor admission, an

emergency admission, or an involuntary admission, unless

the treatment was solely for an alcohol abuse disorder; or

(2) a person who voluntarily or involuntarily receives

mental health treatment as an out-patient or is otherwise

provided services by a public or private mental health

facility, and who poses a clear and present danger to

himself, herself, or to others.

"Person with a developmental disability" means a person

with a disability which is attributable to any other condition

which results in impairment similar to that caused by an

intellectual disability and which requires services similar to

those required by persons with intellectual disabilities. The

disability must originate before the age of 18 years, be

expected to continue indefinitely, and constitute a

substantial disability. This disability results, in the

professional opinion of a physician, clinical psychologist, or

qualified examiner, in significant functional limitations in 3

or more of the following areas of major life activity:

(i) self-care;

(ii) receptive and expressive language;

(iii) learning;

(iv) mobility; or

(v) self-direction.

"Person with an intellectual disability" means a person

with a significantly subaverage general intellectual

functioning which exists concurrently with impairment in

adaptive behavior and which originates before the age of 18

years.

"Physician" has the meaning as defined in Section 1-120 of

the Mental Health and Developmental Disabilities Code.

"Protective order" means any orders of protection issued

under the Illinois Domestic Violence Act of 1986, stalking no

contact orders issued under the Stalking No Contact Order Act,

civil no contact orders issued under the Civil No Contact

Order Act, and firearms restraining orders issued under the

Firearms Restraining Order Act.

"Qualified examiner" has the meaning provided in Section

1-122 of the Mental Health and Developmental Disabilities

Code.

"Sanctioned competitive shooting event" means a shooting

contest officially recognized by a national or state shooting

sport association, and includes any sight-in or practice

conducted in conjunction with the event.

"School administrator" means the person required to report

under the School Administrator Reporting of Mental Health

Clear and Present Danger Determinations Law.

"Stun gun or taser" has the meaning ascribed to it in

Section 24-1 of the Criminal Code of 2012.

(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;

99-642, eff. 7-28-16; 100-906, eff. 1-1-19.)

(430 ILCS 65/3) (from Ch. 38, par. 83-3)

Sec. 3. (a) Except as provided in Section 3a, no person may

knowingly transfer, or cause to be transferred, any firearm,

firearm ammunition, stun gun, or taser to any person within

this State unless the transferee with whom he deals displays

either: (1) a currently valid Firearm Owner's Identification

Card which has previously been issued in his or her name by the

Department of State Police under the provisions of this Act;

or (2) a currently valid license to carry a concealed firearm

which has previously been issued in his or her name by the

Department of State Police under the Firearm Concealed Carry

Act. In addition, all firearm, stun gun, and taser transfers

by federally licensed firearm dealers are subject to Section

3.1.

(a-5) Any person who is not a federally licensed firearm

dealer and who desires to transfer or sell a firearm while that

person is on the grounds of a gun show must, before selling or

transferring the firearm, request the Department of State

Police to conduct a background check on the prospective

recipient of the firearm in accordance with Section 3.1.

(a-10) Notwithstanding item (2) of subsection (a) of this

Section, any person who is not a federally licensed firearm

dealer and who desires to transfer or sell a firearm or

firearms to any person who is not a federally licensed firearm

dealer shall, before selling or transferring the firearms,

contact a federal firearm license dealer under paragraph (1)

of subsection (a-15) of this Section to conduct the transfer

or the Illinois Department of State Police with the

transferee's or purchaser's Firearm Owner's Identification

Card number to determine the validity of the transferee's or

purchaser's Firearm Owner's Identification Card under State

and federal law including the National Instant Criminal

Background Check System. This subsection shall not be

effective until January 1, 2024. Until that date the

transferor shall contact the Illinois State Police with the

transferee's or purchaser's Firearm Owner's Identification

Card number to determine the validity of the card 2014. The

Department of State Police may adopt rules concerning the

implementation of this subsection. The Department of State

Police shall provide the seller or transferor an approval

number if the purchaser's Firearm Owner's Identification Card

is valid. Approvals issued by the Department for the purchase

of a firearm pursuant to this subsection are valid for 30 days

from the date of issue.

(a-15) The provisions of subsection (a-10) of this Section

do not apply to:

(1) transfers that occur at the place of business of a

federally licensed firearm dealer, if the federally

licensed firearm dealer conducts a background check on the

prospective recipient of the firearm in accordance with

Section 3.1 of this Act and follows all other applicable

federal, State, and local laws as if he or she were the

seller or transferor of the firearm, although the dealer

is not required to accept the firearm into his or her

inventory. The purchaser or transferee may be required by

the federally licensed firearm dealer to pay a fee not to

exceed $25 $10 per firearm, which the dealer may retain as

compensation for performing the functions required under

this paragraph, plus the applicable fees authorized by

Section 3.1;

(2) transfers as a bona fide gift to the transferor's

husband, wife, son, daughter, stepson, stepdaughter,

father, mother, stepfather, stepmother, brother, sister,

nephew, niece, uncle, aunt, grandfather, grandmother,

grandson, granddaughter, father-in-law, mother-in-law,

son-in-law, or daughter-in-law;

(3) transfers by persons acting pursuant to operation

of law or a court order;

(4) transfers on the grounds of a gun show under

subsection (a-5) of this Section;

(5) the delivery of a firearm by its owner to a

gunsmith for service or repair, the return of the firearm

to its owner by the gunsmith, or the delivery of a firearm

by a gunsmith to a federally licensed firearms dealer for

service or repair and the return of the firearm to the

gunsmith;

(6) temporary transfers that occur while in the home

of the unlicensed transferee, if the unlicensed transferee

is not otherwise prohibited from possessing firearms and

the unlicensed transferee reasonably believes that

possession of the firearm is necessary to prevent imminent

death or great bodily harm to the unlicensed transferee;

(7) transfers to a law enforcement or corrections

agency or a law enforcement or corrections officer acting

within the course and scope of his or her official duties;

(8) transfers of firearms that have been rendered

permanently inoperable to a nonprofit historical society,

museum, or institutional collection; and

(9) transfers to a person who is exempt from the

requirement of possessing a Firearm Owner's Identification

Card under Section 2 of this Act.

(a-20) The Illinois Department of State Police shall

develop an Internet-based system for individuals to determine

the validity of a Firearm Owner's Identification Card prior to

the sale or transfer of a firearm. The Department shall have

the Internet-based system updated completed and available for

use by January 1, 2024 July 1, 2015. The Illinois State Police

Department shall adopt rules not inconsistent with this

Section to implement this system; but no rule shall allow the

Illinois State Police to retain records in contravention of

State and federal law.

(a-25) On or before January 1, 2022, the Illinois State

Police shall develop an Internet-based system upon which the

serial numbers of firearms that have been reported stolen are

available for public access for individuals to ensure any

firearms are not reported stolen prior to the sale or transfer

of a firearm under this Section. The Illinois State Police

shall have the Internet-based system completed and available

for use by July 1, 2022. The Department shall adopt rules not

inconsistent with this Section to implement this system.

(b) Any person within this State who transfers or causes

to be transferred any firearm, stun gun, or taser shall keep a

record of such transfer for a period of 10 years from the date

of transfer. Any person within this State who receives any

firearm, stun gun, or taser pursuant to subsection (a-10)

shall provide a record of the transfer within 10 days of the

transfer to a federally licensed firearm dealer and shall not

be required to maintain a transfer record. The federally

licensed firearm dealer shall maintain the transfer record for

20 years from date of receipt. A federally licensed firearm

dealer may charge a fee not to exceed $25 to retain the record.

The record shall be provided and maintained in either an

electronic or paper format. The federally licensed firearm

dealer shall not be liable for the accuracy of any information

in the transfer record submitted pursuant to this Section.

Such records record shall contain the date of the transfer;

the description, serial number or other information

identifying the firearm, stun gun, or taser if no serial

number is available; and, if the transfer was completed within

this State, the transferee's Firearm Owner's Identification

Card number and any approval number or documentation provided

by the Department of State Police pursuant to subsection

(a-10) of this Section; if the transfer was not completed

within this State, the record shall contain the name and

address of the transferee. On or after January 1, 2006, the

record shall contain the date of application for transfer of

the firearm. On demand of a peace officer such transferor

shall produce for inspection such record of transfer. For any

transfer pursuant to subsection (a-10) of this Section, on the

demand of a peace officer, such transferee shall identify the

federally licensed firearm dealer maintaining the transfer

record. If the transfer or sale took place at a gun show, the

record shall include the unique identification number. Failure

to record the unique identification number or approval number

is a petty offense. For transfers of a firearm, stun gun, or

taser made on or after the effective date of this amendatory

Act of the 100th General Assembly, failure by the private

seller to maintain the transfer records in accordance with

this Section, or failure by a transferee pursuant to

subsection a-10 of this Section to identify the federally

licensed firearm dealer maintaining the transfer record, is a

Class A misdemeanor for the first offense and a Class 4 felony

for a second or subsequent offense occurring within 10 years

of the first offense and the second offense was committed

after conviction of the first offense. Whenever any person who

has not previously been convicted of any violation of

subsection (a-5), the court may grant supervision pursuant to

and consistent with the limitations of Section 5-6-1 of the

Unified Code of Corrections. A transferee or transferor shall

not be criminally liable under this Section provided that he

or she provides the Department of State Police with the

transfer records in accordance with procedures established by

the Department. The Department shall establish, by rule, a

standard form on its website.

(b-5) Any resident may purchase ammunition from a person

within or outside of Illinois if shipment is by United States

mail or by a private express carrier authorized by federal law

to ship ammunition. Any resident purchasing ammunition within

or outside the State of Illinois must provide the seller with a

copy of his or her valid Firearm Owner's Identification Card

or valid concealed carry license and either his or her

Illinois driver's license or Illinois State Identification

Card prior to the shipment of the ammunition. The ammunition

may be shipped only to an address on either of those 2

documents.

(c) The provisions of this Section regarding the transfer

of firearm ammunition shall not apply to those persons

specified in paragraph (b) of Section 2 of this Act.

(Source: P.A. 99-29, eff. 7-10-15; 100-1178, eff. 1-18-19.)

(430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)

Sec. 3.1. Firearm Transfer Inquiry Program Dial up system.

(a) The Department of State Police shall provide a dial up

telephone system or utilize other existing technology which

shall be used by any federally licensed firearm dealer, gun

show promoter, or gun show vendor who is to transfer a firearm,

stun gun, or taser under the provisions of this Act. The

Department of State Police may utilize existing technology

which allows the caller to be charged a fee not to exceed $2.

Fees collected by the Department of State Police shall be

deposited in the State Police Firearm Services Fund and used

to provide the service.

(b) Upon receiving a request from a federally licensed

firearm dealer, gun show promoter, or gun show vendor, the

Department of State Police shall immediately approve, or

within the time period established by Section 24-3 of the

Criminal Code of 2012 regarding the delivery of firearms, stun

guns, and tasers notify the inquiring dealer, gun show

promoter, or gun show vendor of any objection that would

disqualify the transferee from acquiring or possessing a

firearm, stun gun, or taser. In conducting the inquiry, the

Department of State Police shall initiate and complete an

automated search of its criminal history record information

files and those of the Federal Bureau of Investigation,

including the National Instant Criminal Background Check

System, and of the files of the Department of Human Services

relating to mental health and developmental disabilities to

obtain any felony conviction or patient hospitalization

information which would disqualify a person from obtaining or

require revocation of a currently valid Firearm Owner's

Identification Card.

(b-5) By January 1, 2023, the Illinois State Police shall

by rule provide a process for the automatic renewal of the

Firearm Owner's Identification Card of a person at the time of

an inquiry in subsection (b). Persons eligible for this

process must have a set of fingerprints on file with their

application under either subsection (a-25) of Section 4 or the

Firearm Concealed Carry Act.

(c) If receipt of a firearm would not violate Section 24-3

of the Criminal Code of 2012, federal law, or this Act the

Department of State Police shall:

(1) assign a unique identification number to the

transfer; and

(2) provide the licensee, gun show promoter, or gun

show vendor with the number.

(d) Approvals issued by the Department of State Police for

the purchase of a firearm are valid for 30 days from the date

of issue.

(e) (1) The Department of State Police must act as the

Illinois Point of Contact for the National Instant Criminal

Background Check System.

(2) The Department of State Police and the Department of

Human Services shall, in accordance with State and federal law

regarding confidentiality, enter into a memorandum of

understanding with the Federal Bureau of Investigation for the

purpose of implementing the National Instant Criminal

Background Check System in the State. The Department of State

Police shall report the name, date of birth, and physical

description of any person prohibited from possessing a firearm

pursuant to the Firearm Owners Identification Card Act or 18

U.S.C. 922(g) and (n) to the National Instant Criminal

Background Check System Index, Denied Persons Files.

(3) The Department of State Police shall provide notice of

the disqualification of a person under subsection (b) of this

Section or the revocation of a person's Firearm Owner's

Identification Card under Section 8 or Section 8.2 of this

Act, and the reason for the disqualification or revocation, to

all law enforcement agencies with jurisdiction to assist with

the seizure of the person's Firearm Owner's Identification

Card.

(f) The Department of State Police shall adopt rules not

inconsistent with this Section to implement this system.

(Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17.)

(430 ILCS 65/4) (from Ch. 38, par. 83-4)

Sec. 4. Application for Firearm Owner's Identification

Cards.

(a) Each applicant for a Firearm Owner's Identification

Card must:

(1) Submit an Make application as on blank forms

prepared and furnished at convenient locations throughout

the State by the Department of State Police, or by

electronic means, if and when made available by the

Illinois Department of State Police; and

(2) Submit evidence to the Department of State Police

that:

(i) This subparagraph (i) applies through the

180th day following the effective date of this

amendatory Act of the 101st General Assembly. He or

she is 21 years of age or over, or if he or she is

under 21 years of age that he or she has the written

consent of his or her parent or legal guardian to

possess and acquire firearms and firearm ammunition

and that he or she has never been convicted of a

misdemeanor other than a traffic offense or adjudged

delinquent, provided, however, that such parent or

legal guardian is not an individual prohibited from

having a Firearm Owner's Identification Card and files

an affidavit with the Department as prescribed by the

Department stating that he or she is not an individual

prohibited from having a Card;

(i-5) This subparagraph (i-5) applies on and after

the 181st day following the effective date of this

amendatory Act of the 101st General Assembly. He or

she is 21 years of age or over, or if he or she is

under 21 years of age that he or she has never been

convicted of a misdemeanor other than a traffic

offense or adjudged delinquent and is an active duty

member of the United States Armed Forces or has the

written consent of his or her parent or legal guardian

to possess and acquire firearms and firearm

ammunition, provided, however, that such parent or

legal guardian is not an individual prohibited from

having a Firearm Owner's Identification Card and files

an affidavit with the Department as prescribed by the

Department stating that he or she is not an individual

prohibited from having a Card or the active duty

member of the United States Armed Forces under 21

years of age annually submits proof to the Department

of State Police, in a manner prescribed by the

Department;

(ii) He or she has not been convicted of a felony

under the laws of this or any other jurisdiction;

(iii) He or she is not addicted to narcotics;

(iv) He or she has not been a patient in a mental

health facility within the past 5 years or, if he or

she has been a patient in a mental health facility more

than 5 years ago submit the certification required

under subsection (u) of Section 8 of this Act;

(v) He or she is not a person with an intellectual

disability;

(vi) He or she is not an alien who is unlawfully

present in the United States under the laws of the

United States;

(vii) He or she is not subject to an existing order

of protection prohibiting him or her from possessing a

firearm;

(viii) He or she has not been convicted within the

past 5 years of battery, assault, aggravated assault,

violation of an order of protection, or a

substantially similar offense in another jurisdiction,

in which a firearm was used or possessed;

(ix) He or she has not been convicted of domestic

battery, aggravated domestic battery, or a

substantially similar offense in another jurisdiction

committed before, on or after January 1, 2012 (the

effective date of Public Act 97-158). If the applicant

knowingly and intelligently waives the right to have

an offense described in this clause (ix) tried by a

jury, and by guilty plea or otherwise, results in a

conviction for an offense in which a domestic

relationship is not a required element of the offense

but in which a determination of the applicability of

18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of

the Code of Criminal Procedure of 1963, an entry by the

court of a judgment of conviction for that offense

shall be grounds for denying the issuance of a Firearm

Owner's Identification Card under this Section;

(x) (Blank);

(xi) He or she is not an alien who has been

admitted to the United States under a non-immigrant

visa (as that term is defined in Section 101(a)(26) of

the Immigration and Nationality Act (8 U.S.C.

1101(a)(26))), or that he or she is an alien who has

been lawfully admitted to the United States under a

non-immigrant visa if that alien is:

(1) admitted to the United States for lawful

hunting or sporting purposes;

(2) an official representative of a foreign

government who is:

(A) accredited to the United States

Government or the Government's mission to an

international organization having its

headquarters in the United States; or

(B) en route to or from another country to

which that alien is accredited;

(3) an official of a foreign government or

distinguished foreign visitor who has been so

designated by the Department of State;

(4) a foreign law enforcement officer of a

friendly foreign government entering the United

States on official business; or

(5) one who has received a waiver from the

Attorney General of the United States pursuant to

18 U.S.C. 922(y)(3);

(xii) He or she is not a minor subject to a

petition filed under Section 5-520 of the Juvenile

Court Act of 1987 alleging that the minor is a

delinquent minor for the commission of an offense that

if committed by an adult would be a felony;

(xiii) He or she is not an adult who had been

adjudicated a delinquent minor under the Juvenile

Court Act of 1987 for the commission of an offense that

if committed by an adult would be a felony;

(xiv) He or she is a resident of the State of

Illinois;

(xv) He or she has not been adjudicated as a person

with a mental disability;

(xvi) He or she has not been involuntarily

admitted into a mental health facility; and

(xvii) He or she is not a person with a

developmental disability; and

(3) Upon request by the Department of State Police,

sign a release on a form prescribed by the Department of

State Police waiving any right to confidentiality and

requesting the disclosure to the Department of State

Police of limited mental health institution admission

information from another state, the District of Columbia,

any other territory of the United States, or a foreign

nation concerning the applicant for the sole purpose of

determining whether the applicant is or was a patient in a

mental health institution and disqualified because of that

status from receiving a Firearm Owner's Identification

Card. No mental health care or treatment records may be

requested. The information received shall be destroyed

within one year of receipt.

(a-5) Each applicant for a Firearm Owner's Identification

Card who is over the age of 18 shall furnish to the Department

of State Police either his or her Illinois driver's license

number or Illinois Identification Card number, except as

provided in subsection (a-10).

(a-10) Each applicant for a Firearm Owner's Identification

Card, who is employed as a law enforcement officer, an armed

security officer in Illinois, or by the United States Military

permanently assigned in Illinois and who is not an Illinois

resident, shall furnish to the Department of State Police his

or her driver's license number or state identification card

number from his or her state of residence. The Department of

State Police may adopt rules to enforce the provisions of this

subsection (a-10).

(a-15) If an applicant applying for a Firearm Owner's

Identification Card moves from the residence address named in

the application, he or she shall immediately notify in a form

and manner prescribed by the Department of State Police of

that change of address.

(a-20) Each applicant for a Firearm Owner's Identification

Card shall furnish to the Department of State Police his or her

photograph. An applicant who is 21 years of age or older

seeking a religious exemption to the photograph requirement

must furnish with the application an approved copy of United

States Department of the Treasury Internal Revenue Service

Form 4029. In lieu of a photograph, an applicant regardless of

age seeking a religious exemption to the photograph

requirement shall submit fingerprints on a form and manner

prescribed by the Department with his or her application.

(a-25) Beginning January 1, 2023, each applicant for the

issuance of a Firearm Owner's Identification Card may include

a full set of his or her fingerprints in electronic format to

the Illinois State Police, unless the applicant has previously

provided a full set of his or her fingerprints to the Illinois

State Police under this Act or the Firearm Concealed Carry

Act.

The fingerprints must be transmitted through a live scan

fingerprint vendor licensed by the Department of Financial and

Professional Regulation. The fingerprints shall be checked

against the fingerprint records now and hereafter filed in the

Illinois State Police and Federal Bureau of Investigation

criminal history records databases, including all available

State and local criminal history record information files.

The Illinois State Police shall charge applicants a

one-time fee for conducting the criminal history record check,

which shall be deposited into the State Police Services Fund

and shall not exceed the actual cost of the State and national

criminal history record check.

(a-26) The Illinois State Police shall research, explore,

and report to the General Assembly by January 1, 2022 on the

feasibility of permitting voluntarily submitted fingerprints

obtained for purposes other than Firearm Owner's

Identification Card enforcement that are contained in the

Illinois State Police database for purposes of this Act.

(b) Each application form shall include the following

statement printed in bold type: "Warning: Entering false

information on an application for a Firearm Owner's

Identification Card is punishable as a Class 2 felony in

accordance with subsection (d-5) of Section 14 of the Firearm

Owners Identification Card Act.".

(c) Upon such written consent, pursuant to Section 4,

paragraph (a)(2)(i), the parent or legal guardian giving the

consent shall be liable for any damages resulting from the

applicant's use of firearms or firearm ammunition.

(Source: P.A. 101-80, eff. 7-12-19.)

(430 ILCS 65/5) (from Ch. 38, par. 83-5)

Sec. 5. Application and renewal.

(a) The Department of State Police shall either approve or

deny all applications within 30 days from the date they are

received, except as provided in subsections (b) and (c)

subsection (b) of this Section, and every applicant found

qualified under Section 8 of this Act by the Department shall

be entitled to a Firearm Owner's Identification Card upon the

payment of a $10 fee and applicable processing fees. The

processing fees shall be limited to charges by the State

Treasurer for using the electronic online payment system. Any

applicant who is an active duty member of the Armed Forces of

the United States, a member of the Illinois National Guard, or

a member of the Reserve Forces of the United States is exempt

from the application fee. $5 of each fee derived from the

issuance of a Firearm Owner's Identification Card or renewals,

thereof, shall be deposited in the State Police Firearm

Services Fund and $5 into the State Police Revocation

Enforcement Fund $6 of each fee derived from the issuance of

Firearm Owner's Identification Cards, or renewals thereof,

shall be deposited in the Wildlife and Fish Fund in the State

Treasury; $1 of the fee shall be deposited in the State Police

Services Fund and $3 of the fee shall be deposited in the State

Police Firearm Services Fund.

(b) Renewal applications shall be approved or denied

within 60 business days, provided the applicant submitted his

or her renewal application prior to the expiration of his or

her Firearm Owner's Identification Card. If a renewal

application has been submitted prior to the expiration date of

the applicant's Firearm Owner's Identification Card, the

Firearm Owner's Identification Card shall remain valid while

the Department processes the application, unless the person is

subject to or becomes subject to revocation under this Act.

The cost for a renewal application shall be $10, and may

include applicable processing fees, which shall be limited to

charges by the State Treasurer for using the electronic online

payment system, which shall be deposited into the State Police

Firearm Services Fund.

(c) If the Firearm Owner's Identification Card of a

licensee under the Firearm Concealed Carry Act expires during

the term of the licensee's concealed carry license, the

Firearm Owner's Identification Card and the license remain

valid and the licensee does not have to renew his or her

Firearm Owner's Identification Card during the duration of the

concealed carry license. Unless the Illinois State Police has

reason to believe the licensee is no longer eligible for the

card, the Illinois State Police may automatically renew the

licensee's Firearm Owner's Identification Card and send a

renewed Firearm Owner's Identification Card to the licensee.

(d) The Illinois State Police may adopt rules concerning

the use of voluntarily submitted fingerprints, as allowed by

State and federal law.

(Source: P.A. 100-906, eff. 1-1-19.)

(430 ILCS 65/6) (from Ch. 38, par. 83-6)

Sec. 6. Contents of Firearm Owner's Identification Card.

(a) A Firearm Owner's Identification Card, issued by the

Department of State Police at such places as the Director of

the Department shall specify, shall contain the applicant's

name, residence, date of birth, sex, physical description,

recent photograph, except as provided in subsection (c-5), and

signature. Each Firearm Owner's Identification Card must have

the Firearm Owner's Identification Card number expiration date

boldly and conspicuously displayed on the face of the card.

Each Firearm Owner's Identification Card must have printed on

it the following: "CAUTION - This card does not permit bearer

to UNLAWFULLY carry or use firearms." Before December 1, 2002,

the Department may use a person's digital photograph and

signature from his or her Illinois driver's license or

Illinois Identification Card, if available. On and after

December 1, 2002, the Department shall use a person's digital

photograph and signature from his or her Illinois driver's

license or Illinois Identification Card, if available. The

Department shall decline to use a person's digital photograph

or signature if the digital photograph or signature is the

result of or associated with fraudulent or erroneous data,

unless otherwise provided by law.

(b) A person applying for a Firearm Owner's Identification

Card shall consent to the Department of State Police using the

applicant's digital driver's license or Illinois

Identification Card photograph, if available, and signature on

the applicant's Firearm Owner's Identification Card. The

Secretary of State shall allow the Department of State Police

access to the photograph and signature for the purpose of

identifying the applicant and issuing to the applicant a

Firearm Owner's Identification Card.

(c) The Secretary of State shall conduct a study to

determine the cost and feasibility of creating a method of

adding an identifiable code, background, or other means on the

driver's license or Illinois Identification Card to show that

an individual is not disqualified from owning or possessing a

firearm under State or federal law. The Secretary shall report

the findings of this study 12 months after the effective date

of this amendatory Act of the 92nd General Assembly.

(c-5) If a person qualifies for a photograph exemption, in

lieu of a photograph, the Firearm Owner's Identification Card

shall contain a copy of the card holder's fingerprints. Each

Firearm Owner's Identification Card described in this

subsection (c-5) must have printed on it the following: "This

card is only valid for firearm purchases through a federally

licensed firearms dealer when presented with photographic

identification, as prescribed by 18 U.S.C. 922(t)(1)(C)."

(Source: P.A. 97-1131, eff. 1-1-13.)

(430 ILCS 65/6.2 new)

Sec. 6.2. Electronic Firearm Owner's Identification Cards.

Beginning January 1, 2022, the Illinois State Police may

develop a system under which the holder of a Firearm Owner's

Identification Card may display an electronic version of his

or her Firearm Owner's Identification Card on a mobile

telephone or other portable electronic device. An electronic

version of a Firearm Owner's Identification Card shall contain

security features the Illinois State Police determines to be

necessary to ensure that the electronic version is accurate

and current and shall satisfy other requirements the Illinois

State Police determines to be necessary regarding form and

content. The display or possession of an electronic version of

a valid Firearm Owner's Identification Card in accordance with

the requirements of the Illinois State Police satisfies all

requirements for the display or possession of a valid Firearm

Owner's Identification Card under the laws of this State. The

possession or display of an electronic Firearm Owner's

Identification Card on a mobile telephone or other portable

electronic device does not constitute consent for a law

enforcement officer, court, or other officer of the court to

access other contents of the mobile telephone or other

portable electronic device. The Illinois State Police may

adopt rules to implement this Section.

(430 ILCS 65/7) (from Ch. 38, par. 83-7)

Sec. 7. Validity of Firearm Owner's Identification Card.

(a) Except as provided in Section 8 of this Act or

elsewhere in subsection (b) of this Section, a Firearm Owner's

Identification Card issued under the provisions of this Act

shall be valid for the person to whom it is issued for a period

of 10 years from the date of issuance. Unless the person no

longer meets the requirements or becomes subject to suspension

or revocation under this Act, a card issued under an

application made as provided in subsection (a-25) of Section 4

shall remain valid if the person meets the requirements of

subsection (b-5) of Section 3.1.

(b) If a renewal application is submitted to the

Department before the expiration date of the applicant's

current Firearm Owner's Identification Card, the Firearm

Owner's Identification Card shall remain valid for a period of

60 business days, unless the person is subject to or becomes

subject to revocation under this Act. Unless the person no

longer meets the requirements or becomes subject to suspension

or revocation under this Act, a card issued under a renewal

application made as provided in subsection (a-25) of Section 4

shall remain valid if the person meets the implementation

requirements of Section 3.1.

(c) Beginning January 1, 2022, if the Firearm Owner's

Identification Card of a licensee under the Firearm Concealed

Carry Act expires during the term of the licensee's concealed

carry license, the Firearm Owner's Identification Card and the

license remain valid during the validity of the concealed

carry license and the licensee does not have to renew his or

her Firearm Owner's Identification Card, if the Firearm

Owner's Identification Card has not been otherwise renewed as

provided in this Act. Unless the Illinois State Police has

reason to believe the licensee is no longer eligible for the

card, the Illinois State Police may automatically renew the

licensee's Firearm Owner's Identification Card.

(Source: P.A. 100-906, eff. 1-1-19.)

(430 ILCS 65/7.5 new)

Sec. 7.5. Email and text message notifications. A person

subject to this Act may notify the Illinois State Police upon

application or at any time thereafter that he or she would like

to receive correspondence from the Illinois State Police via

email or text message and may opt out of first-class mail. Such

correspondence may include notification of the status of a

person's application, suspension, revocation, appeal, and

other notifications concerning his or her Firearm Owner's

Identification Card. A person may request email or text

message, or both. Any person selecting email or text message

alerts must have either or both the person's email or cellular

phone number on file with the Illinois State Police.

(430 ILCS 65/8.2)

Sec. 8.2. Firearm Owner's Identification Card denial,

suspension, or revocation. The Illinois Department of State

Police shall deny an application or shall suspend or revoke

and seize a Firearm Owner's Identification Card previously

issued under this Act if the Department finds that the

applicant or person to whom such card was issued is or was at

the time of issuance subject to a protective order issued

under the laws of this or any other jurisdiction an existing

order of protection or firearms restraining order. When the

duration of the protective order is expected to be less than

one year, the Illinois State Police may suspend the Firearm

Owner's Identification Card under Section 8.3 of the Act and

shall reinstate it upon conclusion of the suspension if no

other grounds for denial or revocation are found under Section

8 of the Act.

(Source: P.A. 100-607, eff. 1-1-19.)

(430 ILCS 65/8.3)

Sec. 8.3. Suspension of Firearm Owner's Identification

Card. The Department of State Police may suspend , by rule in a

manner consistent with the Department's rules concerning

revocation, provide for the suspension of the Firearm Owner's

Identification Card of a person whose Firearm Owner's

Identification Card is subject to revocation and seizure under

this Act for the duration of the disqualification if the

disqualification is not a permanent grounds for revocation of

a Firearm Owner's Identification Card under this Act. The

Illinois State Police may adopt rules necessary to implement

this Section.

(Source: P.A. 100-607, eff. 1-1-19; 100-906, eff. 1-1-19.)

(430 ILCS 65/8.4 new)

Sec. 8.4. Cancellation of Firearm Owner's Identification

Card. The Illinois State Police may cancel a Firearm Owner's

Identification Card if a person is not prohibited by State or

federal law from acquiring or possessing a firearm or firearm

ammunition and the sole purpose is for an administrative

reason. This includes, at the request of the Firearm Owner's

Identification Card holder, a person who surrenders his or her

Illinois driver's license or Illinois identification card to

another jurisdiction, or a person's Firearm Owner's

Identification Card is reported as lost, stolen, or destroyed.

The Illinois State Police may adopt rules necessary to

implement this Section.

(430 ILCS 65/8.5 new)

Sec. 8.5. Illinois State Police to monitor databases for

firearms prohibitors. The Illinois State Police shall

continuously monitor relevant State and federal databases, as

allowed by State and federal law, for firearms prohibitors and

correlate those records with Firearm Owner's Identification

Card holders to ensure compliance with this Act and any other

State and federal laws. As used in this Section, "firearms

prohibitor" means any factor listed in Section 8 or Section

8.2 of this Act or Section 24-3 or 24-3.1 of the Criminal Code

of 2012 that prohibits a person from transferring or

possessing a firearm, firearm ammunition, Firearm Owner's

Identification Card, or concealed carry license.

(430 ILCS 65/9.5)

Sec. 9.5. Revocation of Firearm Owner's Identification

Card.

(a) A person who receives a revocation notice under

Section 9 of this Act shall, within 48 hours of receiving

notice of the revocation:

(1) surrender his or her Firearm Owner's

Identification Card to the local law enforcement agency

where the person resides or . The local law enforcement

agency shall provide the person a receipt and transmit the

Firearm Owner's Identification Card to the Department of

State Police; and

(2) complete a Firearm Disposition Record on a form

prescribed by the Department of State Police and place his

or her firearms in the location or with the person

reported in the Firearm Disposition Record. The form shall

require the person to disclose:

(A) the make, model, and serial number of each

firearm owned by or under the custody and control of

the revoked person;

(B) the location where each firearm will be

maintained during the prohibited term; and

(C) if any firearm will be transferred to the

custody of another person, the name, address and

Firearm Owner's Identification Card number of the

transferee; and .

(D) to whom his or her Firearm Owner's

Identification Card was surrendered.

Once completed, the person shall retain a copy and

provide a copy of the Firearm Disposition Record to the

Illinois State Police.

(b) Upon confirming through the portal created under

Section 2605-304 of the Department of State Police Law of the

Civil Administrative Code of Illinois that the Firearm Owner's

Identification Card has been revoked by the Illinois State

Police, surrendered cards shall be destroyed by the law

enforcement agency receiving the cards. If a card has not been

revoked, the card shall be returned to the cardholder. The

local law enforcement agency shall provide a copy of the

Firearm Disposition Record to the person whose Firearm Owner's

Identification Card has been revoked and to the Department of

State Police.

(b-5) If a court orders the surrender of a Firearms

Owner's Identification Card and accepts receipt of the Card,

the court shall destroy the Card and direct the person whose

Firearm Owner's Identification Card has been surrendered to

comply with paragraph (2) of subsection (a).

(b-10) If the person whose Firearm Owner's Identification

Card has been revoked has either lost or destroyed the Card,

the person must still comply with paragraph (2) of subsection

(a).

(b-15) A notation shall be made in the portal created

under Section 2605-304 of the Department of State Police Law

of the Civil Administrative Code of Illinois that the revoked

Firearm Owner's Identification Card has been destroyed.

(c) If the person whose Firearm Owner's Identification

Card has been revoked fails to comply with the requirements of

this Section, the sheriff or law enforcement agency where the

person resides may petition the circuit court to issue a

warrant to search for and seize the Firearm Owner's

Identification Card and firearms in the possession or under

the custody or control of the person whose Firearm Owner's

Identification Card has been revoked.

(d) A violation of subsection (a) of this Section is a

Class A misdemeanor.

(e) The observation of a Firearm Owner's Identification

Card in the possession of a person whose Firearm Owner's

Identification Card has been revoked constitutes a sufficient

basis for the arrest of that person for violation of this

Section.

(f) Within 30 days after the effective date of this

amendatory Act of the 98th General Assembly, the Department of

State Police shall provide written notice of the requirements

of this Section to persons whose Firearm Owner's

Identification Cards have been revoked, suspended, or expired

and who have failed to surrender their cards to the

Department.

(g) A person whose Firearm Owner's Identification Card has

been revoked and who received notice under subsection (f)

shall comply with the requirements of this Section within 48

hours of receiving notice.

(Source: P.A. 98-63, eff. 7-9-13.)

(430 ILCS 65/10) (from Ch. 38, par. 83-10)

Sec. 10. Appeals Appeal to director; hearing; relief from

firearm prohibitions.

(a) Whenever an application for a Firearm Owner's

Identification Card is denied, whenever the Department fails

to act on an application within 30 days of its receipt, or

whenever such a Card is revoked or seized as provided for in

Section 8 of this Act, the aggrieved party may (1) file a

record challenge with the Director regarding the record upon

which the decision to deny or revoke the Firearm Owner's

Identification Card was based under subsection (a-5); or (2)

appeal to the Director of the Illinois State Police through

December 31, 2022, or beginning January 1, 2023, the Firearm

Owner's Identification Card Review Board for a hearing seeking

relief from upon such denial or , revocation or seizure,

unless the denial or , revocation, or seizure was based upon a

forcible felony, stalking, aggravated stalking, domestic

battery, any violation of the Illinois Controlled Substances

Act, the Methamphetamine Control and Community Protection Act,

or the Cannabis Control Act that is classified as a Class 2 or

greater felony, any felony violation of Article 24 of the

Criminal Code of 1961 or the Criminal Code of 2012, or any

adjudication as a delinquent minor for the commission of an

offense that if committed by an adult would be a felony, in

which case the aggrieved party may petition the circuit court

in writing in the county of his or her residence for a hearing

seeking relief from upon such denial or , revocation, or

seizure.

(a-5) There is created a Firearm Owner's Identification

Card Review Board to consider any appeal under subsection (a)

beginning January 1, 2023, other than an appeal directed to

the circuit court and except when the applicant is challenging

the record upon which the decision to deny or revoke was based

as provided in subsection (a-10).

(0.05) In furtherance of the policy of this Act that

the Board shall exercise its powers and duties in an

independent manner, subject to the provisions of this Act

but free from the direction, control, or influence of any

other agency or department of State government. All

expenses and liabilities incurred by the Board in the

performance of its responsibilities hereunder shall be

paid from funds which shall be appropriated to the Board

by the General Assembly for the ordinary and contingent

expenses of the Board.

(1) The Board shall consist of 7 members appointed by

the Governor, with the advice and consent of the Senate,

with 3 members residing within the First Judicial District

and one member residing within each of the 4 remaining

Judicial Districts. No more than 4 members shall be

members of the same political party. The Governor shall

designate one member as the chairperson. The Board shall

consist of:

(A) one member with at least 5 years of service as

a federal or State judge;

(B) one member with at least 5 years of experience

serving as an attorney with the United States

Department of Justice, or as a State's Attorney or

Assistant State's Attorney;

(C) one member with at least 5 years of experience

serving as a State or federal public defender or

assistant public defender;

(D) three members with at least 5 years of

experience as a federal, State, or local law

enforcement agent or as an employee with investigative

experience or duties related to criminal justice under

the United States Department of Justice, Drug

Enforcement Administration, Department of Homeland

Security, Federal Bureau of Investigation, or a State

or local law enforcement agency; and

(E) one member with at least 5 years of experience

as a licensed physician or clinical psychologist with

expertise in the diagnosis and treatment of mental

illness.

(2) The terms of the members initially appointed after

the effective date of this amendatory Act of the 102nd

General Assembly shall be as follows: one of the initial

members shall be appointed for a term of one year, 3 shall

be appointed for terms of 2 years, and 3 shall be appointed

for terms of 4 years. Thereafter, members shall hold

office for 4 years, with terms expiring on the second

Monday in January immediately following the expiration of

their terms and every 4 years thereafter. Members may be

reappointed. Vacancies in the office of member shall be

filled in the same manner as the original appointment, for

the remainder of the unexpired term. The Governor may

remove a member for incompetence, neglect of duty,

malfeasance, or inability to serve. Members shall receive

compensation in an amount equal to the compensation of

members of the Executive Ethics Commission and may be

reimbursed, from funds appropriated for such a purpose,

for reasonable expenses actually incurred in the

performance of their Board duties. The Illinois State

Police shall designate an employee to serve as Executive

Director of the Board and provide logistical and

administrative assistance to the Board.

(3) The Board shall meet at least quarterly each year

and at the call of the chairperson as often as necessary to

consider appeals of decisions made with respect to

applications for a Firearm Owner's Identification Card

under this Act. If necessary to ensure the participation

of a member, the Board shall allow a member to participate

in a Board meeting by electronic communication. Any member

participating electronically shall be deemed present for

purposes of establishing a quorum and voting.

(4) The Board shall adopt rules for the review of

appeals and the conduct of hearings. The Board shall

maintain a record of its decisions and all materials

considered in making its decisions. All Board decisions

and voting records shall be kept confidential and all

materials considered by the Board shall be exempt from

inspection except upon order of a court.

(5) In considering an appeal, the Board shall review

the materials received concerning the denial or revocation

by the Illinois State Police. By a vote of at least 4

members, the Board may request additional information from

the Illinois State Police or the applicant or the

testimony of the Illinois State Police or the applicant.

The Board may require that the applicant submit electronic

fingerprints to the Illinois State Police for an updated

background check if the Board determines it lacks

sufficient information to determine eligibility. The Board

may consider information submitted by the Illinois State

Police, a law enforcement agency, or the applicant. The

Board shall review each denial or revocation and determine

by a majority of members whether an applicant should be

granted relief under subsection (c).

(6) The Board shall by order issue summary decisions.

The Board shall issue a decision within 45 days of

receiving all completed appeal documents from the Illinois

State Police and the applicant. However, the Board need

not issue a decision within 45 days if:

(A) the Board requests information from the

applicant, including, but not limited to, electronic

fingerprints to be submitted to the Illinois State

Police, in accordance with paragraph (5) of this

subsection, in which case the Board shall make a

decision within 30 days of receipt of the required

information from the applicant;

(B) the applicant agrees, in writing, to allow the

Board additional time to consider an appeal; or

(C) the Board notifies the applicant and the

Illinois State Police that the Board needs an

additional 30 days to issue a decision. The Board may

only issue 2 extensions under this subparagraph (C).

The Board's notification to the applicant and the

Illinois State Police shall include an explanation for

the extension.

(7) If the Board determines that the applicant is

eligible for relief under subsection (c), the Board shall

notify the applicant and the Illinois State Police that

relief has been granted and the Illinois State Police

shall issue the Card.

(8) Meetings of the Board shall not be subject to the

Open Meetings Act and records of the Board shall not be

subject to the Freedom of Information Act.

(9) The Board shall report monthly to the Governor and

the General Assembly on the number of appeals received and

provide details of the circumstances in which the Board

has determined to deny Firearm Owner's Identification

Cards under this subsection (a-5). The report shall not

contain any identifying information about the applicants.

(a-10) Whenever an applicant or cardholder is not seeking

relief from a firearms prohibition under subsection (c) but

rather does not believe the applicant is appropriately denied

or revoked and is challenging the record upon which the

decision to deny or revoke the Firearm Owner's Identification

Card was based, or whenever the Illinois State Police fails to

act on an application within 30 days of its receipt, the

applicant shall file such challenge with the Director. The

Director shall render a decision within 60 business days of

receipt of all information supporting the challenge. The

Illinois State Police shall adopt rules for the review of a

record challenge.

(b) At least 30 days before any hearing in the circuit

court, the petitioner shall serve the relevant State's

Attorney with a copy of the petition. The State's Attorney may

object to the petition and present evidence. At the hearing,

the court shall determine whether substantial justice has been

done. Should the court determine that substantial justice has

not been done, the court shall issue an order directing the

Illinois Department of State Police to issue a Card. However,

the court shall not issue the order if the petitioner is

otherwise prohibited from obtaining, possessing, or using a

firearm under federal law.

(c) Any person prohibited from possessing a firearm under

Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or

acquiring a Firearm Owner's Identification Card under Section

8 of this Act may apply to the Firearm Owner's Identification

Card Review Board Director of State Police or petition the

circuit court in the county where the petitioner resides,

whichever is applicable in accordance with subsection (a) of

this Section, requesting relief from such prohibition and the

Board Director or court may grant such relief if it is

established by the applicant to the court's or the Board's

Director's satisfaction that:

(0.05) when in the circuit court, the State's Attorney

has been served with a written copy of the petition at

least 30 days before any such hearing in the circuit court

and at the hearing the State's Attorney was afforded an

opportunity to present evidence and object to the

petition;

(1) the applicant has not been convicted of a forcible

felony under the laws of this State or any other

jurisdiction within 20 years of the applicant's

application for a Firearm Owner's Identification Card, or

at least 20 years have passed since the end of any period

of imprisonment imposed in relation to that conviction;

(2) the circumstances regarding a criminal conviction,

where applicable, the applicant's criminal history and his

reputation are such that the applicant will not be likely

to act in a manner dangerous to public safety;

(3) granting relief would not be contrary to the

public interest; and

(4) granting relief would not be contrary to federal

law.

(c-5) (1) An active law enforcement officer employed by a

unit of government, who is denied, revoked, or has his or her

Firearm Owner's Identification Card seized under subsection

(e) of Section 8 of this Act may apply to the Firearm Owner's

Identification Card Review Board Director of State Police

requesting relief if the officer did not act in a manner

threatening to the officer, another person, or the public as

determined by the treating clinical psychologist or physician,

and as a result of his or her work is referred by the employer

for or voluntarily seeks mental health evaluation or treatment

by a licensed clinical psychologist, psychiatrist, or

qualified examiner, and:

(A) the officer has not received treatment

involuntarily at a mental health facility, regardless of

the length of admission; or has not been voluntarily

admitted to a mental health facility for more than 30 days

and not for more than one incident within the past 5 years;

and

(B) the officer has not left the mental institution

against medical advice.

(2) The Firearm Owner's Identification Card Review Board

Director of State Police shall grant expedited relief to

active law enforcement officers described in paragraph (1) of

this subsection (c-5) upon a determination by the Board

Director that the officer's possession of a firearm does not

present a threat to themselves, others, or public safety. The

Board Director shall act on the request for relief within 30

business days of receipt of:

(A) a notarized statement from the officer in the form

prescribed by the Board Director detailing the

circumstances that led to the hospitalization;

(B) all documentation regarding the admission,

evaluation, treatment and discharge from the treating

licensed clinical psychologist or psychiatrist of the

officer;

(C) a psychological fitness for duty evaluation of the

person completed after the time of discharge; and

(D) written confirmation in the form prescribed by the

Board Director from the treating licensed clinical

psychologist or psychiatrist that the provisions set forth

in paragraph (1) of this subsection (c-5) have been met,

the person successfully completed treatment, and their

professional opinion regarding the person's ability to

possess firearms.

(3) Officers eligible for the expedited relief in

paragraph (2) of this subsection (c-5) have the burden of

proof on eligibility and must provide all information

required. The Board Director may not consider granting

expedited relief until the proof and information is received.

(4) "Clinical psychologist", "psychiatrist", and

"qualified examiner" shall have the same meaning as provided

in Chapter I of the Mental Health and Developmental

Disabilities Code.

(c-10) (1) An applicant, who is denied, revoked, or has

his or her Firearm Owner's Identification Card seized under

subsection (e) of Section 8 of this Act based upon a

determination of a developmental disability or an intellectual

disability may apply to the Firearm Owner's Identification

Card Review Board Director of State Police requesting relief.

(2) The Board Director shall act on the request for relief

within 60 business days of receipt of written certification,

in the form prescribed by the Board Director, from a physician

or clinical psychologist, or qualified examiner, that the

aggrieved party's developmental disability or intellectual

disability condition is determined by a physician, clinical

psychologist, or qualified to be mild. If a fact-finding

conference is scheduled to obtain additional information

concerning the circumstances of the denial or revocation, the

60 business days the Director has to act shall be tolled until

the completion of the fact-finding conference.

(3) The Board Director may grant relief if the aggrieved

party's developmental disability or intellectual disability is

mild as determined by a physician, clinical psychologist, or

qualified examiner and it is established by the applicant to

the Board's Director's satisfaction that:

(A) granting relief would not be contrary to the

public interest; and

(B) granting relief would not be contrary to federal

law.

(4) The Board Director may not grant relief if the

condition is determined by a physician, clinical psychologist,

or qualified examiner to be moderate, severe, or profound.

(5) The changes made to this Section by Public Act 99-29

this amendatory Act of the 99th General Assembly apply to

requests for relief pending on or before July 10, 2015 (the

effective date of Public Act 99-29) this amendatory Act,

except that the 60-day period for the Director to act on

requests pending before the effective date shall begin on July

10, 2015 (the effective date of Public Act 99-29) this

amendatory Act. All appeals as provided in subsection (a-5),

pending on January 1, 2023, shall be considered by the Board.

(d) When a minor is adjudicated delinquent for an offense

which if committed by an adult would be a felony, the court

shall notify the Illinois Department of State Police.

(e) The court shall review the denial of an application or

the revocation of a Firearm Owner's Identification Card of a

person who has been adjudicated delinquent for an offense that

if committed by an adult would be a felony if an application

for relief has been filed at least 10 years after the

adjudication of delinquency and the court determines that the

applicant should be granted relief from disability to obtain a

Firearm Owner's Identification Card. If the court grants

relief, the court shall notify the Illinois Department of

State Police that the disability has been removed and that the

applicant is eligible to obtain a Firearm Owner's

Identification Card.

(f) Any person who is subject to the disabilities of 18

U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act

of 1968 because of an adjudication or commitment that occurred

under the laws of this State or who was determined to be

subject to the provisions of subsections (e), (f), or (g) of

Section 8 of this Act may apply to the Illinois Department of

State Police requesting relief from that prohibition. The

Board Director shall grant the relief if it is established by a

preponderance of the evidence that the person will not be

likely to act in a manner dangerous to public safety and that

granting relief would not be contrary to the public interest.

In making this determination, the Board Director shall receive

evidence concerning (i) the circumstances regarding the

firearms disabilities from which relief is sought; (ii) the

petitioner's mental health and criminal history records, if

any; (iii) the petitioner's reputation, developed at a minimum

through character witness statements, testimony, or other

character evidence; and (iv) changes in the petitioner's

condition or circumstances since the disqualifying events

relevant to the relief sought. If relief is granted under this

subsection or by order of a court under this Section, the

Director shall as soon as practicable but in no case later than

15 business days, update, correct, modify, or remove the

person's record in any database that the Illinois Department

of State Police makes available to the National Instant

Criminal Background Check System and notify the United States

Attorney General that the basis for the record being made

available no longer applies. The Illinois Department of State

Police shall adopt rules for the administration of this

Section.

(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78,

eff. 7-20-15.)

(430 ILCS 65/11) (from Ch. 38, par. 83-11)

Sec. 11. Judicial review of final administrative

decisions.

(a) All final administrative decisions of the Firearm

Owner's Identification Card Review Board Department under this

Act, except final administrative decisions of the Firearm

Owner's Identification Card Review Board Director of State

Police to deny a person's application for relief under

subsection (f) of Section 10 of this Act, shall be subject to

judicial review under the provisions of the Administrative

Review Law, and all amendments and modifications thereof, and

the rules adopted pursuant thereto. The term "administrative

decision" is defined as in Section 3-101 of the Code of Civil

Procedure.

(b) Any final administrative decision by the Firearm

Owner's Identification Card Review Board Director of State

Police to deny a person's application for relief under

subsection (f) of Section 10 of this Act is subject to de novo

judicial review by the circuit court, and any party may offer

evidence that is otherwise proper and admissible without

regard to whether that evidence is part of the administrative

record.

(c) The Firearm Owner's Identification Card Review Board

Director of State Police shall submit a report to the General

Assembly on March 1 of each year, beginning March 1, 1991,

listing all final decisions by a court of this State

upholding, reversing, or reversing in part any administrative

decision made by the Department of State Police.

(Source: P.A. 97-1131, eff. 1-1-13.)

(430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)

Sec. 13.2. Renewal; name, photograph, or address change;

replacement card. The Department of State Police shall, 180 60

days prior to the expiration of a Firearm Owner's

Identification Card, forward by first class mail or by other

means provided in Section 7.5 to each person whose card is to

expire a notification of the expiration of the card and

instructions for renewal. It is the obligation of the holder

of a Firearm Owner's Identification Card to notify the

Department of State Police of any address change since the

issuance of the Firearm Owner's Identification Card. The

Illinois State Police may update the applicant and card

holders address based upon records in the Secretary of State

Driver's License or Illinois identification card records of

applicants who do not have driver's licenses. Whenever any

person moves from the residence address named on his or her

card, the person shall within 21 calendar days thereafter

notify in a form and manner prescribed by the Department of his

or her old and new residence addresses and the card number held

by him or her. Any person whose legal name has changed from the

name on the card that he or she has been previously issued must

apply for a corrected card within 30 calendar days after the

change. The cost for an updated or a corrected card shall be

$5. The cost for replacement of a card which has been lost,

destroyed, or stolen shall be $5 if the loss, destruction, or

theft of the card is reported to the Department of State

Police. The fees collected under this Section shall be

deposited into the State Police Firearm Services Fund.

(Source: P.A. 100-906, eff. 1-1-19.)

(430 ILCS 65/13.4 new)

Sec. 13.4. Illinois State Police; rule making authority.

The Illinois State Police shall by rule adopt the following

procedures:

(1) When a person who possesses a valid Firearm Owner's

Identification Card applies for and is approved for a

concealed carry license, the valid Firearm Owner's

Identification Card is renewed for 10 years from the time of

approval instead of 10 years from the date of the original

card.

(2) If a person is eligible for both a Firearm Owner's

Identification Card and a concealed carry license, the

Illinois State Police shall by rule create one card that may be

used as both a Firearm Owner's Identification Card and a

concealed carry license. A combined Firearm Owner's

Identification Card and concealed carry license shall be

considered a valid card for the purposes of this Act. If a

person who possesses a combined Firearm Owner's Identification

Card and a concealed carry license becomes subject to

suspension or revocation under the Firearm Concealed Carry

Act, but is otherwise eligible for a valid Firearm Owner's

Identification Card, the Illinois State Police shall ensure

the person's Firearm Owner's Identification Card status is not

interrupted. The Illinois State Police shall adopt rules to

implement this Section.

Section 25. The Firearm Concealed Carry Act is amended by

changing Sections 10, 20, 30, 50, 55, and 70 and by adding

Sections 10.5, 10.6, and 66 as follows:

(430 ILCS 66/10)

Sec. 10. Issuance of licenses to carry a concealed

firearm.

(a) The Department shall issue a license to carry a

concealed firearm under this Act to an applicant who:

(1) meets the qualifications of Section 25 of this

Act;

(2) has provided the application and documentation

required in Section 30 of this Act;

(3) has submitted the requisite fees; and

(4) does not pose a danger to himself, herself, or

others, or a threat to public safety as determined by the

Concealed Carry Licensing Review Board in accordance with

Section 20.

(b) The Department shall issue a renewal, corrected, or

duplicate license as provided in this Act.

(c) A license shall be valid throughout the State for a

period of 5 years from the date of issuance. A license shall

permit the licensee to:

(1) carry a loaded or unloaded concealed firearm,

fully concealed or partially concealed, on or about his or

her person; and

(2) keep or carry a loaded or unloaded concealed

firearm on or about his or her person within a vehicle.

(d) The Department shall make applications for a license

available no later than 180 days after the effective date of

this Act. The Department shall establish rules for the

availability and submission of applications in accordance with

this Act.

(e) An application for a license submitted to the

Department that contains all the information and materials

required by this Act, including the requisite fee, shall be

deemed completed. Except as otherwise provided in this Act, no

later than 90 days after receipt of a completed application,

the Department shall issue or deny the applicant a license.

The Illinois State Police shall notify the applicant for a

concealed carry license, electronically, to confirm if all the

required information and materials have been received. If an

applicant for a concealed carry license submits his or her

application electronically, the Illinois State Police shall

notify the applicant electronically if his or her application

is missing information or materials.

(f) The Department shall deny the applicant a license if

the applicant fails to meet the requirements under this Act or

the Department receives a determination from the Board that

the applicant is ineligible for a license. The Department must

notify the applicant stating the grounds for the denial. The

notice of denial must inform the applicant of his or her right

to an appeal through administrative and judicial review.

(g) A licensee shall possess a license at all times the

licensee carries a concealed firearm except:

(1) when the licensee is carrying or possessing a

concealed firearm on his or her land or in his or her

abode, legal dwelling, or fixed place of business, or on

the land or in the legal dwelling of another person as an

invitee with that person's permission;

(2) when the person is authorized to carry a firearm

under Section 24-2 of the Criminal Code of 2012, except

subsection (a-5) of that Section; or

(3) when the handgun is broken down in a

non-functioning state, is not immediately accessible, or

is unloaded and enclosed in a case.

(h) If an officer of a law enforcement agency initiates an

investigative stop, including but not limited to a traffic

stop, of a licensee or a non-resident carrying a concealed

firearm under subsection (e) of Section 40 of this Act, upon

the request of the officer the licensee or non-resident shall

disclose to the officer that he or she is in possession of a

concealed firearm under this Act, or present the license upon

the request of the officer if he or she is a licensee or

present upon the request of the officer evidence under

paragraph (2) of subsection (e) of Section 40 of this Act that

he or she is a non-resident qualified to carry under that

subsection. The disclosure requirement under this subsection

(h) is satisfied if the licensee presents his or her license to

the officer or the non-resident presents to the officer

evidence under paragraph (2) of subsection (e) of Section 40

of this Act that he or she is qualified to carry under that

subsection. Upon the request of the officer, the licensee or

non-resident shall also identify the location of the concealed

firearm and permit the officer to safely secure the firearm

for the duration of the investigative stop. During a traffic

stop, any passenger within the vehicle who is a licensee or a

non-resident carrying under subsection (e) of Section 40 of

this Act must comply with the requirements of this subsection

(h).

(h-1) If a licensee carrying a firearm or a non-resident

carrying a firearm in a vehicle under subsection (e) of

Section 40 of this Act is contacted by a law enforcement

officer or emergency services personnel, the law enforcement

officer or emergency services personnel may secure the firearm

or direct that it be secured during the duration of the contact

if the law enforcement officer or emergency services personnel

determines that it is necessary for the safety of any person

present, including the law enforcement officer or emergency

services personnel. The licensee or nonresident shall submit

to the order to secure the firearm. When the law enforcement

officer or emergency services personnel have determined that

the licensee or non-resident is not a threat to the safety of

any person present, including the law enforcement officer or

emergency services personnel, and if the licensee or

non-resident is physically and mentally capable of possessing

the firearm, the law enforcement officer or emergency services

personnel shall return the firearm to the licensee or

non-resident before releasing him or her from the scene and

breaking contact. If the licensee or non-resident is

transported for treatment to another location, the firearm

shall be turned over to any peace officer. The peace officer

shall provide a receipt which includes the make, model,

caliber, and serial number of the firearm.

(i) The Department shall maintain a database of license

applicants and licensees. The database shall be available to

all federal, State, and local law enforcement agencies,

State's Attorneys, the Attorney General, and authorized court

personnel. Within 180 days after the effective date of this

Act, the database shall be searchable and provide all

information included in the application, including the

applicant's previous addresses within the 10 years prior to

the license application and any information related to

violations of this Act. No law enforcement agency, State's

Attorney, Attorney General, or member or staff of the

judiciary shall provide any information to a requester who is

not entitled to it by law.

(j) No later than 10 days after receipt of a completed

application, the Department shall enter the relevant

information about the applicant into the database under

subsection (i) of this Section which is accessible by law

enforcement agencies.

(k) The Illinois State Police shall continuously monitor

relevant State and federal databases for firearms prohibitors

and correlate those records with concealed carry license

holders to ensure compliance with this Act, or State and

federal law. The Illinois State Police may adopt rules to

implement this subsection.

(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29,

eff. 7-10-15.)

(430 ILCS 66/10.5 new)

Sec. 10.5. Electronic concealed carry licenses. The

Illinois State Police may develop a system under which the

holder of a concealed carry license may display an electronic

version of his or her license on a mobile telephone or other

portable electronic device. An electronic version of a

concealed carry license shall contain security features the

Illinois State Police determines to be necessary to ensure

that the electronic version is accurate and current and shall

satisfy other requirements the Illinois State Police

determines to be necessary regarding form and content. The

display or possession of an electronic version of a valid

concealed carry license in accordance with the requirements of

the Illinois State Police satisfies all requirements for the

display or possession of a valid concealed carry license under

the laws of this State. The possession or display of an

electronic concealed carry license on a mobile telephone or

other portable electronic device does not constitute consent

for a law enforcement officer, court, or other officer of the

court to access other contents of the mobile telephone or

other portable electronic device. The Illinois State Police

may adopt rules to implement this Section.

(430 ILCS 66/10.6 new)

Sec. 10.6. Email and text messages notifications. A person

subject to this Act may notify the Department upon application

or at any time thereafter that he or she would like to receive

correspondence from the Illinois State Police via email or

text message and may opt out of first-class mail. Such

correspondence may include notification of the status of a

person's application, suspension, revocation, appeal, and

other notifications concerning his or her concealed carry

license. A person may request email or text message, or both.

Any person selecting email or text message alerts must have

either or both the person's email or cellular phone number on

file with the Illinois State Police.

(430 ILCS 66/20)

Sec. 20. Concealed Carry Licensing Review Board.

(a) There is hereby created within the Department of State

Police a Concealed Carry Licensing Review Board to consider

any objection to an applicant's eligibility to obtain a

license under this Act submitted by a law enforcement agency

or the Department under Section 15 of this Act. The Board shall

consist of 7 commissioners to be appointed by the Governor,

with the advice and consent of the Senate, with 3

commissioners residing within the First Judicial District and

one commissioner residing within each of the 4 remaining

Judicial Districts. No more than 4 commissioners shall be

members of the same political party. The Governor shall

designate one commissioner as the Chairperson. The Board shall

consist of:

(1) one commissioner with at least 5 years of service

as a federal judge;

(2) 2 commissioners with at least 5 years of

experience serving as an attorney with the United States

Department of Justice;

(3) 3 commissioners with at least 5 years of

experience as a federal agent or employee with

investigative experience or duties related to criminal

justice under the United States Department of Justice,

Drug Enforcement Administration, Department of Homeland

Security, or Federal Bureau of Investigation; and

(4) one member with at least 5 years of experience as a

licensed physician or clinical psychologist with expertise

in the diagnosis and treatment of mental illness.

(b) The initial terms of the commissioners shall end on

January 12, 2015. Notwithstanding any provision in this

Section to the contrary, the term of office of each

commissioner of the Concealed Carry Licensing Review Board is

abolished on the effective date of this amendatory Act of the

102nd General Assembly. The terms of the commissioners

appointed on or after the effective date of this amendatory

Act of the 102nd General Assembly shall be as follows: one of

the initial members shall be appointed for a term of one year,

3 shall be appointed for terms of 2 years, and 3 shall be

appointed for terms of 4 years. Thereafter, the commissioners

shall hold office for 4 years, with terms expiring on the

second Monday in January of the fourth year. Commissioners may

be reappointed. Vacancies in the office of commissioner shall

be filled in the same manner as the original appointment, for

the remainder of the unexpired term. The Governor may remove a

commissioner for incompetence, neglect of duty, malfeasance,

or inability to serve. Commissioners shall receive

compensation in an amount equal to the compensation of members

of the Executive Ethics Commission and may be reimbursed for

reasonable expenses actually incurred in the performance of

their Board duties, from funds appropriated for that purpose.

(c) The Board shall meet at the call of the chairperson as

often as necessary to consider objections to applications for

a license under this Act. If necessary to ensure the

participation of a commissioner, the Board shall allow a

commissioner to participate in a Board meeting by electronic

communication. Any commissioner participating electronically

shall be deemed present for purposes of establishing a quorum

and voting.

(d) The Board shall adopt rules for the review of

objections and the conduct of hearings. The Board shall

maintain a record of its decisions and all materials

considered in making its decisions. All Board decisions and

voting records shall be kept confidential and all materials

considered by the Board shall be exempt from inspection except

upon order of a court.

(e) In considering an objection of a law enforcement

agency or the Department, the Board shall review the materials

received with the objection from the law enforcement agency or

the Department. By a vote of at least 4 commissioners, the

Board may request additional information from the law

enforcement agency, Department, or the applicant, or the

testimony of the law enforcement agency, Department, or the

applicant. The Board may require that the applicant submit

electronic fingerprints to the Department for an updated

background check where the Board determines it lacks

sufficient information to determine eligibility. The Board may

only consider information submitted by the Department, a law

enforcement agency, or the applicant. The Board shall review

each objection and determine by a majority of commissioners

whether an applicant is eligible for a license.

(f) The Board shall issue a decision within 30 days of

receipt of the objection from the Department. However, the

Board need not issue a decision within 30 days if:

(1) the Board requests information from the applicant,

including but not limited to electronic fingerprints to be

submitted to the Department, in accordance with subsection

(e) of this Section, in which case the Board shall make a

decision within 30 days of receipt of the required

information from the applicant;

(2) the applicant agrees, in writing, to allow the

Board additional time to consider an objection; or

(3) the Board notifies the applicant and the

Department that the Board needs an additional 30 days to

issue a decision.

(g) If the Board determines by a preponderance of the

evidence that the applicant poses a danger to himself or

herself or others, or is a threat to public safety, then the

Board shall affirm the objection of the law enforcement agency

or the Department and shall notify the Department that the

applicant is ineligible for a license. If the Board does not

determine by a preponderance of the evidence that the

applicant poses a danger to himself or herself or others, or is

a threat to public safety, then the Board shall notify the

Department that the applicant is eligible for a license.

(h) Meetings of the Board shall not be subject to the Open

Meetings Act and records of the Board shall not be subject to

the Freedom of Information Act.

(i) The Board shall report monthly to the Governor and the

General Assembly on the number of objections received and

provide details of the circumstances in which the Board has

determined to deny licensure based on law enforcement or

Department objections under Section 15 of this Act. The report

shall not contain any identifying information about the

applicants.

(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)

(430 ILCS 66/30)

Sec. 30. Contents of license application.

(a) The license application shall be in writing, under

penalty of perjury, on a standard form adopted by the

Department and shall be accompanied by the documentation

required in this Section and the applicable fee. Each

application form shall include the following statement printed

in bold type: "Warning: Entering false information on this

form is punishable as perjury under Section 32-2 of the

Criminal Code of 2012."

(b) The application shall contain the following:

(1) the applicant's name, current address, date and

year of birth, place of birth, height, weight, hair color,

eye color, maiden name or any other name the applicant has

used or identified with, and any address where the

applicant resided for more than 30 days within the 10

years preceding the date of the license application;

(2) the applicant's valid driver's license number or

valid state identification card number;

(3) a waiver of the applicant's privacy and

confidentiality rights and privileges under all federal

and state laws, including those limiting access to

juvenile court, criminal justice, psychological, or

psychiatric records or records relating to any

institutionalization of the applicant, and an affirmative

request that a person having custody of any of these

records provide it or information concerning it to the

Department. The waiver only applies to records sought in

connection with determining whether the applicant

qualifies for a license to carry a concealed firearm under

this Act, or whether the applicant remains in compliance

with the Firearm Owners Identification Card Act;

(4) an affirmation that the applicant possesses a

currently valid Firearm Owner's Identification Card and

card number if possessed or notice the applicant is

applying for a Firearm Owner's Identification Card in

conjunction with the license application;

(5) an affirmation that the applicant has not been

convicted or found guilty of:

(A) a felony;

(B) a misdemeanor involving the use or threat of

physical force or violence to any person within the 5

years preceding the date of the application; or

(C) 2 or more violations related to driving while

under the influence of alcohol, other drug or drugs,

intoxicating compound or compounds, or any combination

thereof, within the 5 years preceding the date of the

license application; and

(6) whether the applicant has failed a drug test for a

drug for which the applicant did not have a prescription,

within the previous year, and if so, the provider of the

test, the specific substance involved, and the date of the

test;

(7) written consent for the Department to review and

use the applicant's Illinois digital driver's license or

Illinois identification card photograph and signature;

(8) unless submitted under subsection (a-25) of

Section 4 of the Firearm Owners Identification Card Act, a

full set of fingerprints submitted to the Department in

electronic format, provided the Department may accept an

application submitted without a set of fingerprints in

which case the Department shall be granted 30 days in

addition to the 90 days provided under subsection (e) of

Section 10 of this Act to issue or deny a license;

(9) a head and shoulder color photograph in a size

specified by the Department taken within the 30 days

preceding the date of the license application; and

(10) a photocopy of any certificates or other evidence

of compliance with the training requirements under this

Act.

(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)

(430 ILCS 66/50)

Sec. 50. License renewal.

(a) This subsection (a) applies through the 180th day

following the effective date of this amendatory Act of the

101st General Assembly. The Illinois State Police shall, 180

days prior to the expiration of a concealed carry license

notify each person whose license is to expire a notification

of the expiration of the license and instructions for renewal.

Applications for renewal of a license shall be made to the

Department. A license shall be renewed for a period of 5 years

upon receipt of a completed renewal application, completion of

3 hours of training required under Section 75 of this Act,

payment of the applicable renewal fee, and completion of an

investigation under Section 35 of this Act. The renewal

application shall contain the information required in Section

30 of this Act, except that the applicant need not resubmit a

full set of fingerprints.

(b) This subsection (b) applies on and after the 181st day

following the effective date of this amendatory Act of the

101st General Assembly. Applications for renewal of a license

shall be made to the Department. A license shall be renewed for

a period of 5 years from the date of expiration on the

applicant's current license upon the receipt of a completed

renewal application, completion of 3 hours of training

required under Section 75 of this Act, payment of the

applicable renewal fee, and completion of an investigation

under Section 35 of this Act. The renewal application shall

contain the information required in Section 30 of this Act,

except that the applicant need not resubmit a full set of

fingerprints.

(Source: P.A. 101-80, eff. 7-12-19.)

(430 ILCS 66/55)

Sec. 55. Change of address or name; lost, destroyed, or

stolen licenses.

(a) A licensee shall notify the Department within 30 days

of moving or changing residence or any change of name. The

licensee shall submit the requisite fee and the Department may

require a notarized statement that the licensee has changed

his or her residence or his or her name, including the prior

and current address or name and the date the applicant moved or

changed his or her name.

(b) A licensee shall notify the Department within 10 days

of discovering that a license has been lost, destroyed, or

stolen. A lost, destroyed, or stolen license is invalid. To

request a replacement license, the licensee shall submit:

(1) a written or electronic acknowledgment notarized

statement that the licensee no longer possesses the

license, and that it was lost, destroyed, or stolen;

(2) if applicable, a copy of a police report stating

that the license was stolen; and

(3) the requisite fee.

(c) A violation of this Section is a petty offense with a

fine of $150 which shall be deposited into the Mental Health

Reporting Fund.

(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)

(430 ILCS 66/66 new)

Sec. 66. Illinois State Police to monitor databases for

firearms prohibitors. The Illinois State Police shall

continuously monitor relevant State and federal databases for

firearms prohibitors and correlate those records with

concealed carry license holders to ensure compliance with this

Act and any other State and federal laws. As used in this

Section, "firearms prohibitor" means any factor listed in

Section 8 or Section 8.2 of the Firearm Owners Identification

Card Act or Section 24-3 or 24-3.1 of the Criminal Code of 2012

that prohibits a person from transferring or possessing a

firearm, firearm ammunition, Firearm Owner's Identification

Card, or concealed carry license.

(430 ILCS 66/70)

Sec. 70. Violations.

(a) A license issued or renewed under this Act shall be

revoked if, at any time, the licensee is found to be ineligible

for a license under this Act or the licensee no longer meets

the eligibility requirements of the Firearm Owners

Identification Card Act.

(b) A license shall be suspended if an order of

protection, including an emergency order of protection,

plenary order of protection, or interim order of protection

under Article 112A of the Code of Criminal Procedure of 1963 or

under the Illinois Domestic Violence Act of 1986, or if a

firearms restraining order, including an emergency firearms

restraining order, under the Firearms Restraining Order Act,

is issued against a licensee for the duration of the order, or

if the Department is made aware of a similar order issued

against the licensee in any other jurisdiction. If an order of

protection is issued against a licensee, the licensee shall

surrender the license, as applicable, to the court at the time

the order is entered or to the law enforcement agency or entity

serving process at the time the licensee is served the order.

The court, law enforcement agency, or entity responsible for

serving the order of protection shall notify the Department

within 7 days and transmit the license to the Department.

(c) A license is invalid upon expiration of the license,

unless the licensee has submitted an application to renew the

license, and the applicant is otherwise eligible to possess a

license under this Act.

(d) A licensee shall not carry a concealed firearm while

under the influence of alcohol, other drug or drugs,

intoxicating compound or combination of compounds, or any

combination thereof, under the standards set forth in

subsection (a) of Section 11-501 of the Illinois Vehicle Code.

A licensee in violation of this subsection (d) shall be

guilty of a Class A misdemeanor for a first or second violation

and a Class 4 felony for a third violation. The Department may

suspend a license for up to 6 months for a second violation and

shall permanently revoke a license for a third violation.

(e) Except as otherwise provided, a licensee in violation

of this Act shall be guilty of a Class B misdemeanor. A second

or subsequent violation is a Class A misdemeanor. The

Department may suspend a license for up to 6 months for a

second violation and shall permanently revoke a license for 3

or more violations of Section 65 of this Act. Any person

convicted of a violation under this Section shall pay a $150

fee to be deposited into the Mental Health Reporting Fund,

plus any applicable court costs or fees.

(f) A licensee convicted or found guilty of a violation of

this Act who has a valid license and is otherwise eligible to

carry a concealed firearm shall only be subject to the

penalties under this Section and shall not be subject to the

penalties under Section 21-6, paragraph (4), (8), or (10) of

subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)

of paragraph (3) of subsection (a) of Section 24-1.6 of the

Criminal Code of 2012. Except as otherwise provided in this

subsection, nothing in this subsection prohibits the licensee

from being subjected to penalties for violations other than

those specified in this Act.

(g) A licensee whose license is revoked, suspended, or

denied shall, within 48 hours of receiving notice of the

revocation, suspension, or denial, surrender his or her

concealed carry license to the local law enforcement agency

where the person resides. The local law enforcement agency

shall provide the licensee a receipt and transmit the

concealed carry license to the Department of State Police. If

the licensee whose concealed carry license has been revoked,

suspended, or denied fails to comply with the requirements of

this subsection, the law enforcement agency where the person

resides may petition the circuit court to issue a warrant to

search for and seize the concealed carry license in the

possession and under the custody or control of the licensee

whose concealed carry license has been revoked, suspended, or

denied. The observation of a concealed carry license in the

possession of a person whose license has been revoked,

suspended, or denied constitutes a sufficient basis for the

arrest of that person for violation of this subsection. A

violation of this subsection is a Class A misdemeanor.

(h) Except as otherwise provided in subsection (h-5), a A

license issued or renewed under this Act shall be revoked if,

at any time, the licensee is found ineligible for a Firearm

Owner's Identification Card, or the licensee no longer

possesses a valid Firearm Owner's Identification Card. If the

Firearm Owner's Identification Card is expired or suspended

rather than denied or revoked, the license may be suspended

for a period of up to one year to allow the licensee to

reinstate his or her Firearm Owner's Identification Card. The

Illinois State Police shall adopt rules to enforce this

subsection. A licensee whose license is revoked under this

subsection (h) shall surrender his or her concealed carry

license as provided for in subsection (g) of this Section.

This subsection shall not apply to a person who has filed

an application with the State Police for renewal of a Firearm

Owner's Identification Card and who is not otherwise

ineligible to obtain a Firearm Owner's Identification Card.

(h-5) If the Firearm Owner's Identification Card of a

licensee under this Act expires during the term of the license

issued under this Act, the license and the Firearm Owner's

Identification Card remain valid, and the Illinois State

Police may automatically renew the licensee's Firearm Owner's

Identification Card as provided in subsection (c) of Section 5

of the Firearm Owners Identification Card Act.

(i) A certified firearms instructor who knowingly provides

or offers to provide a false certification that an applicant

has completed firearms training as required under this Act is

guilty of a Class A misdemeanor. A person guilty of a violation

of this subsection (i) is not eligible for court supervision.

The Department shall permanently revoke the firearms

instructor certification of a person convicted under this

subsection (i).

(Source: P.A. 100-607, eff. 1-1-19.)

Section 26. The Firearms Restraining Order Act is amended

by changing Sections 35 and 40 as follows:

(430 ILCS 67/35)

Sec. 35. Ex parte orders and emergency hearings.

(a) A petitioner may request an emergency firearms

restraining order by filing an affidavit or verified pleading

alleging that the respondent poses an immediate and present

danger of causing personal injury to himself, herself, or

another by having in his or her custody or control,

purchasing, possessing, or receiving a firearm. The petition

shall also describe the type and location of any firearm or

firearms presently believed by the petitioner to be possessed

or controlled by the respondent.

(b) If the respondent is alleged to pose an immediate and

present danger of causing personal injury to an intimate

partner, or an intimate partner is alleged to have been the

target of a threat or act of violence by the respondent, the

petitioner shall make a good faith effort to provide notice to

any and all intimate partners of the respondent. The notice

must include that the petitioner intends to petition the court

for an emergency firearms restraining order, and, if the

petitioner is a law enforcement officer, referral to relevant

domestic violence or stalking advocacy or counseling

resources, if appropriate. The petitioner shall attest to

having provided the notice in the filed affidavit or verified

pleading. If, after making a good faith effort, the petitioner

is unable to provide notice to any or all intimate partners,

the affidavit or verified pleading should describe what

efforts were made.

(c) Every person who files a petition for an emergency

firearms restraining order, knowing the information provided

to the court at any hearing or in the affidavit or verified

pleading to be false, is guilty of perjury under Section 32-2

of the Criminal Code of 2012.

(d) An emergency firearms restraining order shall be

issued on an ex parte basis, that is, without notice to the

respondent.

(e) An emergency hearing held on an ex parte basis shall be

held the same day that the petition is filed or the next day

that the court is in session.

(f) If a circuit or associate judge finds probable cause

to believe that the respondent poses an immediate and present

danger of causing personal injury to himself, herself, or

another by having in his or her custody or control,

purchasing, possessing, or receiving a firearm, the circuit or

associate judge shall issue an emergency order.

(f-5) If the court issues an emergency firearms

restraining order, it shall, upon a finding of probable cause

that the respondent possesses firearms, issue a search warrant

directing a law enforcement agency to seize the respondent's

firearms. The court may, as part of that warrant, direct the

law enforcement agency to search the respondent's residence

and other places where the court finds there is probable cause

to believe he or she is likely to possess the firearms.

(g) An emergency firearms restraining order shall require:

(1) the respondent to refrain from having in his or

her custody or control, purchasing, possessing, or

receiving additional firearms for the duration of the

order under Section 8.2 of the Firearm Owners

Identification Card Act; and

(2) the respondent to comply with Section 9.5 of the

Firearm Owners Identification Card Act turn over to the

local law enforcement agency any Firearm Owner's

Identification Card and subsection (g) of Section 70 of

the Firearm Concealed Carry Act concealed carry license in

his or her possession. The local law enforcement agency

shall immediately mail the card and concealed carry

license to the Department of State Police Firearm Services

Bureau for safekeeping. The firearm or firearms and

Firearm Owner's Identification Card and concealed carry

license, if unexpired, shall be returned to the respondent

after the firearms restraining order is terminated or

expired.

(h) Except as otherwise provided in subsection (h-5) of

this Section, upon expiration of the period of safekeeping, if

the firearms or Firearm Owner's Identification Card and

concealed carry license cannot be returned to the respondent

because the respondent cannot be located, fails to respond to

requests to retrieve the firearms, or is not lawfully eligible

to possess a firearm, upon petition from the local law

enforcement agency, the court may order the local law

enforcement agency to destroy the firearms, use the firearms

for training purposes, or use the firearms for any other

application as deemed appropriate by the local law enforcement

agency.

(h-5) On or before January 1, 2022, a A respondent whose

Firearm Owner's Identification Card has been revoked or

suspended may petition the court, if the petitioner is present

in court or has notice of the respondent's petition, to

transfer the respondent's firearm to a person who is lawfully

able to possess the firearm if the person does not reside at

the same address as the respondent. Notice of the petition

shall be served upon the person protected by the emergency

firearms restraining order. While the order is in effect, the

transferee who receives the respondent's firearms must swear

or affirm by affidavit that he or she shall not transfer the

firearm to the respondent or to anyone residing in the same

residence as the respondent.

(h-6) If a person other than the respondent claims title

to any firearms surrendered under this Section, he or she may

petition the court, if the petitioner is present in court or

has notice of the petition, to have the firearm returned to him

or her. If the court determines that person to be the lawful

owner of the firearm, the firearm shall be returned to him or

her, provided that:

(1) the firearm is removed from the respondent's

custody, control, or possession and the lawful owner

agrees to store the firearm in a manner such that the

respondent does not have access to or control of the

firearm; and

(2) the firearm is not otherwise unlawfully possessed

by the owner.

The person petitioning for the return of his or her

firearm must swear or affirm by affidavit that he or she: (i)

is the lawful owner of the firearm; (ii) shall not transfer the

firearm to the respondent; and (iii) will store the firearm in

a manner that the respondent does not have access to or control

of the firearm.

(i) In accordance with subsection (e) of this Section, the

court shall schedule a full hearing as soon as possible, but no

longer than 14 days from the issuance of an ex parte firearms

restraining order, to determine if a 6-month firearms

restraining order shall be issued. The court may extend an ex

parte order as needed, but not to exceed 14 days, to effectuate

service of the order or if necessary to continue protection.

The court may extend the order for a greater length of time by

mutual agreement of the parties.

(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)

(430 ILCS 67/40)

Sec. 40. Six-month orders.

(a) A petitioner may request a 6-month firearms

restraining order by filing an affidavit or verified pleading

alleging that the respondent poses a significant danger of

causing personal injury to himself, herself, or another in the

near future by having in his or her custody or control,

purchasing, possessing, or receiving a firearm. The petition

shall also describe the number, types, and locations of any

firearms presently believed by the petitioner to be possessed

or controlled by the respondent.

(b) If the respondent is alleged to pose a significant

danger of causing personal injury to an intimate partner, or

an intimate partner is alleged to have been the target of a

threat or act of violence by the respondent, the petitioner

shall make a good faith effort to provide notice to any and all

intimate partners of the respondent. The notice must include

that the petitioner intends to petition the court for a

6-month firearms restraining order, and, if the petitioner is

a law enforcement officer, referral to relevant domestic

violence or stalking advocacy or counseling resources, if

appropriate. The petitioner shall attest to having provided

the notice in the filed affidavit or verified pleading. If,

after making a good faith effort, the petitioner is unable to

provide notice to any or all intimate partners, the affidavit

or verified pleading should describe what efforts were made.

(c) Every person who files a petition for a 6-month

firearms restraining order, knowing the information provided

to the court at any hearing or in the affidavit or verified

pleading to be false, is guilty of perjury under Section 32-2

of the Criminal Code of 2012.

(d) Upon receipt of a petition for a 6-month firearms

restraining order, the court shall order a hearing within 30

days.

(e) In determining whether to issue a firearms restraining

order under this Section, the court shall consider evidence

including, but not limited to, the following:

(1) The unlawful and reckless use, display, or

brandishing of a firearm by the respondent.

(2) The history of use, attempted use, or threatened

use of physical force by the respondent against another

person.

(3) Any prior arrest of the respondent for a felony

offense.

(4) Evidence of the abuse of controlled substances or

alcohol by the respondent.

(5) A recent threat of violence or act of violence by

the respondent directed toward himself, herself, or

another.

(6) A violation of an emergency order of protection

issued under Section 217 of the Illinois Domestic Violence

Act of 1986 or Section 112A-17 of the Code of Criminal

Procedure of 1963 or of an order of protection issued

under Section 214 of the Illinois Domestic Violence Act of

1986 or Section 112A-14 of the Code of Criminal Procedure

of 1963.

(7) A pattern of violent acts or violent threats,

including, but not limited to, threats of violence or acts

of violence by the respondent directed toward himself,

herself, or another.

(f) At the hearing, the petitioner shall have the burden

of proving, by clear and convincing evidence, that the

respondent poses a significant danger of personal injury to

himself, herself, or another by having in his or her custody or

control, purchasing, possessing, or receiving a firearm.

(g) If the court finds that there is clear and convincing

evidence to issue a firearms restraining order, the court

shall issue a firearms restraining order that shall be in

effect for 6 months subject to renewal under Section 45 of this

Act or termination under that Section.

(g-5) If the court issues a 6-month firearms restraining

order, it shall, upon a finding of probable cause that the

respondent possesses firearms, issue a search warrant

directing a law enforcement agency to seize the respondent's

firearms. The court may, as part of that warrant, direct the

law enforcement agency to search the respondent's residence

and other places where the court finds there is probable cause

to believe he or she is likely to possess the firearms.

(h) A 6-month firearms restraining order shall require:

(1) the respondent to refrain from having in his or

her custody or control, purchasing, possessing, or

receiving additional firearms for the duration of the

order under Section 8.2 of the Firearm Owners

Identification Card Act; and

(2) the respondent to comply with Section 9.5 of the

Firearm Owners Identification Card Act and subsection (g)

of Section 70 of the Firearm Concealed Carry Act turn over

to the local law enforcement agency any firearm or Firearm

Owner's Identification Card and concealed carry license in

his or her possession. The local law enforcement agency

shall immediately mail the card and concealed carry

license to the Department of State Police Firearm Services

Bureau for safekeeping. The firearm or firearms and

Firearm Owner's Identification Card and concealed carry

license, if unexpired, shall be returned to the respondent

after the firearms restraining order is terminated or

expired.

(i) Except as otherwise provided in subsection (i-5) of

this Section, upon expiration of the period of safekeeping, if

the firearms or Firearm Owner's Identification Card cannot be

returned to the respondent because the respondent cannot be

located, fails to respond to requests to retrieve the

firearms, or is not lawfully eligible to possess a firearm,

upon petition from the local law enforcement agency, the court

may order the local law enforcement agency to destroy the

firearms, use the firearms for training purposes, or use the

firearms for any other application as deemed appropriate by

the local law enforcement agency.

(i-5) A respondent whose Firearm Owner's Identification

Card has been revoked or suspended may petition the court, if

the petitioner is present in court or has notice of the

respondent's petition, to transfer the respondent's firearm to

a person who is lawfully able to possess the firearm if the

person does not reside at the same address as the respondent.

Notice of the petition shall be served upon the person

protected by the emergency firearms restraining order. While

the order is in effect, the transferee who receives the

respondent's firearms must swear or affirm by affidavit that

he or she shall not transfer the firearm to the respondent or

to anyone residing in the same residence as the respondent.

(i-6) If a person other than the respondent claims title

to any firearms surrendered under this Section, he or she may

petition the court, if the petitioner is present in court or

has notice of the petition, to have the firearm returned to him

or her. If the court determines that person to be the lawful

owner of the firearm, the firearm shall be returned to him or

her, provided that:

(1) the firearm is removed from the respondent's

custody, control, or possession and the lawful owner

agrees to store the firearm in a manner such that the

respondent does not have access to or control of the

firearm; and

(2) the firearm is not otherwise unlawfully possessed

by the owner.

The person petitioning for the return of his or her

firearm must swear or affirm by affidavit that he or she: (i)

is the lawful owner of the firearm; (ii) shall not transfer the

firearm to the respondent; and (iii) will store the firearm in

a manner that the respondent does not have access to or control

of the firearm.

(j) If the court does not issue a firearms restraining

order at the hearing, the court shall dissolve any emergency

firearms restraining order then in effect.

(k) When the court issues a firearms restraining order

under this Section, the court shall inform the respondent that

he or she is entitled to one hearing during the period of the

order to request a termination of the order, under Section 45

of this Act, and shall provide the respondent with a form to

request a hearing.

(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)

Section 27. The Wildlife Code is amended by changing

Sections 2.11, 2.26, 2.33, and 2.34 as follows:

(520 ILCS 5/2.11) (from Ch. 61, par. 2.11)

Sec. 2.11. Before any person may lawfully hunt wild

turkey, he shall first obtain a "Wild Turkey Hunting Permit"

in accordance with the prescribed regulations set forth in an

administrative rule of the Department. The fee for a Resident

Wild Turkey Hunting Permit shall not exceed $15.

Upon submitting suitable evidence of legal residence in

any other state, non-residents shall be charged a fee not to

exceed $125 for wild turkey hunting permits.

The Department may by administrative rule allocate and

issue non-resident Wild Turkey Permits and establish fees for

such permits.

It shall be unlawful to take wild turkey except by use of a

bow and arrow or a shotgun of not larger than 10 nor smaller

than 20 gauge with shot size not larger than No. 4, and no

person while attempting to so take wild turkey may have in his

possession any other gun unless in accordance with the Firearm

Concealed Carry Act.

It shall be unlawful to take, or attempt to take wild

turkey except during the time from 1/2 hour before sunrise to

1/2 hour after sunset or during such lesser period of time as

may be specified by administrative rule, during those days for

which an open season is established.

It shall be unlawful for any person to take, or attempt to

take, wild turkey by use of dogs, horses, automobiles,

aircraft or other vehicles, or conveyances, or by the use or

aid of bait or baiting of any kind. For the purposes of this

Section, "bait" means any material, whether liquid or solid,

including food, salt, minerals, and other products, except

pure water, that can be ingested, placed, or scattered in such

a manner as to attract or lure wild turkeys. "Baiting" means

the placement or scattering of bait to attract wild turkeys.

An area is considered as baited during the presence of and for

10 consecutive days following the removal of the bait.

It is unlawful for any person to take in Illinois or have

in his possession more than one wild turkey per valid permit.

For the purposes of calculating acreage under this

Section, the Department shall, after determining the total

acreage of the applicable tract or tracts of land, round

remaining fractional portions of an acre greater than or equal

to half of an acre up to the next whole acre.

For the purposes of taking wild turkey, nothing in this

Section shall be construed to prevent the manipulation,

including mowing or cutting, of standing crops as a normal

agricultural or soil stabilization practice, food plots, or

normal agricultural practices, including planting, harvesting,

and maintenance such as cultivating. Such manipulation for the

purpose of taking wild turkey may be further modified by

administrative rule.

(Source: P.A. 98-180, eff. 8-5-13; 99-869, eff. 1-1-17.)

(520 ILCS 5/2.26) (from Ch. 61, par. 2.26)

Sec. 2.26. Deer hunting permits. Any person attempting to

take deer shall first obtain a "Deer Hunting Permit" issued by

the Department in accordance with its administrative rules.

Those rules must provide for the issuance of the following

types of resident deer archery permits: (i) a combination

permit, consisting of one either-sex permit and one

antlerless-only permit, (ii) a single antlerless-only permit,

and (iii) a single either-sex permit. The fee for a Deer

Hunting Permit to take deer with either bow and arrow or gun

shall not exceed $25.00 for residents of the State. The

Department may by administrative rule provide for non-resident

deer hunting permits for which the fee will not exceed $300 in

2005, $350 in 2006, and $400 in 2007 and thereafter except as

provided below for non-resident landowners and non-resident

archery hunters. The Department may by administrative rule

provide for a non-resident archery deer permit consisting of

not more than 2 harvest tags at a total cost not to exceed $325

in 2005, $375 in 2006, and $425 in 2007 and thereafter. The

fees for a youth resident and non-resident archery deer permit

shall be the same.

The Department shall create a pilot program during the

special 3-day, youth-only deer hunting season to allow for

youth deer hunting permits that are valid statewide, excluding

those counties or portions of counties closed to firearm deer

hunting. The Department shall adopt rules to implement the

pilot program. Nothing in this paragraph shall be construed to

prohibit the Department from issuing Special Hunt Area Permits

for the youth-only deer hunting season or establishing,

through administrative rule, additional requirements

pertaining to the youth-only deer hunting season on

Department-owned or Department-managed sites, including

site-specific quotas or drawings. The provisions of this

paragraph are inoperative on and after January 1, 2023.

The standards and specifications for use of guns and bow

and arrow for deer hunting shall be established by

administrative rule.

No person may have in his or her possession any firearm not

authorized by administrative rule for a specific hunting

season when taking deer unless in accordance with the Firearm

Concealed Carry Act.

Persons having a firearm deer hunting permit shall be

permitted to take deer only during the period from 1/2 hour

before sunrise to 1/2 hour after sunset, and only during those

days for which an open season is established for the taking of

deer by use of shotgun, handgun, or muzzle loading rifle.

Persons having an archery deer hunting permit shall be

permitted to take deer only during the period from 1/2 hour

before sunrise to 1/2 hour after sunset, and only during those

days for which an open season is established for the taking of

deer by use of bow and arrow.

It shall be unlawful for any person to take deer by use of

dogs, horses, automobiles, aircraft or other vehicles, or by

the use or aid of bait or baiting of any kind. For the purposes

of this Section, "bait" means any material, whether liquid or

solid, including food, salt, minerals, and other products,

except pure water, that can be ingested, placed, or scattered

in such a manner as to attract or lure white-tailed deer.

"Baiting" means the placement or scattering of bait to attract

deer. An area is considered as baited during the presence of

and for 10 consecutive days following the removal of bait.

Nothing in this Section shall prohibit the use of a dog to

track wounded deer. Any person using a dog for tracking

wounded deer must maintain physical control of the dog at all

times by means of a maximum 50 foot lead attached to the dog's

collar or harness. Tracking wounded deer is permissible at

night, but at no time outside of legal deer hunting hours or

seasons shall any person handling or accompanying a dog being

used for tracking wounded deer be in possession of any firearm

or archery device. Persons tracking wounded deer with a dog

during the firearm deer seasons shall wear blaze orange or

solid blaze pink color as required. Dog handlers tracking

wounded deer with a dog are exempt from hunting license and

deer permit requirements so long as they are accompanied by

the licensed deer hunter who wounded the deer.

It shall be unlawful to possess or transport any wild deer

which has been injured or killed in any manner upon a public

highway or public right-of-way of this State unless exempted

by administrative rule.

Persons hunting deer must have gun unloaded and no bow and

arrow device shall be carried with the arrow in the nocked

position during hours when deer hunting is unlawful.

It shall be unlawful for any person, having taken the

legal limit of deer by gun, to further participate with gun in

any deer hunting party.

It shall be unlawful for any person, having taken the

legal limit of deer by bow and arrow, to further participate

with bow and arrow in any deer hunting party.

The Department may prohibit upland game hunting during the

gun deer season by administrative rule.

The Department shall not limit the number of non-resident,

either-sex archery deer hunting permits to less than 20,000.

Any person who violates any of the provisions of this

Section, including administrative rules, shall be guilty of a

Class B misdemeanor.

For the purposes of calculating acreage under this

Section, the Department shall, after determining the total

acreage of the applicable tract or tracts of land, round

remaining fractional portions of an acre greater than or equal

to half of an acre up to the next whole acre.

For the purposes of taking white-tailed deer, nothing in

this Section shall be construed to prevent the manipulation,

including mowing or cutting, of standing crops as a normal

agricultural or soil stabilization practice, food plots, or

normal agricultural practices, including planting, harvesting,

and maintenance such as cultivating or the use of products

designed for scent only and not capable of ingestion, solid or

liquid, placed or scattered, in such a manner as to attract or

lure deer. Such manipulation for the purpose of taking

white-tailed deer may be further modified by administrative

rule.

(Source: P.A. 100-691, eff. 1-1-19; 100-949, eff. 1-1-19;

101-81, eff. 7-12-19; 101-444, eff. 6-1-20.)

(520 ILCS 5/2.33) (from Ch. 61, par. 2.33)

Sec. 2.33. Prohibitions.

(a) It is unlawful to carry or possess any gun in any State

refuge unless otherwise permitted by administrative rule.

(b) It is unlawful to use or possess any snare or

snare-like device, deadfall, net, or pit trap to take any

species, except that snares not powered by springs or other

mechanical devices may be used to trap fur-bearing mammals, in

water sets only, if at least one-half of the snare noose is

located underwater at all times.

(c) It is unlawful for any person at any time to take a

wild mammal protected by this Act from its den by means of any

mechanical device, spade, or digging device or to use smoke or

other gases to dislodge or remove such mammal except as

provided in Section 2.37.

(d) It is unlawful to use a ferret or any other small

mammal which is used in the same or similar manner for which

ferrets are used for the purpose of frightening or driving any

mammals from their dens or hiding places.

(e) (Blank).

(f) It is unlawful to use spears, gigs, hooks or any like

device to take any species protected by this Act.

(g) It is unlawful to use poisons, chemicals or explosives

for the purpose of taking any species protected by this Act.

(h) It is unlawful to hunt adjacent to or near any peat,

grass, brush or other inflammable substance when it is

burning.

(i) It is unlawful to take, pursue or intentionally harass

or disturb in any manner any wild birds or mammals by use or

aid of any vehicle or conveyance, except as permitted by the

Code of Federal Regulations for the taking of waterfowl. It is

also unlawful to use the lights of any vehicle or conveyance or

any light from or any light connected to the vehicle or

conveyance in any area where wildlife may be found except in

accordance with Section 2.37 of this Act; however, nothing in

this Section shall prohibit the normal use of headlamps for

the purpose of driving upon a roadway. Striped skunk, opossum,

red fox, gray fox, raccoon, bobcat, and coyote may be taken

during the open season by use of a small light which is worn on

the body or hand-held by a person on foot and not in any

vehicle.

(j) It is unlawful to use any shotgun larger than 10 gauge

while taking or attempting to take any of the species

protected by this Act.

(k) It is unlawful to use or possess in the field any

shotgun shell loaded with a shot size larger than lead BB or

steel T (.20 diameter) when taking or attempting to take any

species of wild game mammals (excluding white-tailed deer),

wild game birds, migratory waterfowl or migratory game birds

protected by this Act, except white-tailed deer as provided

for in Section 2.26 and other species as provided for by

subsection (l) or administrative rule.

(l) It is unlawful to take any species of wild game, except

white-tailed deer and fur-bearing mammals, with a shotgun

loaded with slugs unless otherwise provided for by

administrative rule.

(m) It is unlawful to use any shotgun capable of holding

more than 3 shells in the magazine or chamber combined, except

on game breeding and hunting preserve areas licensed under

Section 3.27 and except as permitted by the Code of Federal

Regulations for the taking of waterfowl. If the shotgun is

capable of holding more than 3 shells, it shall, while being

used on an area other than a game breeding and shooting

preserve area licensed pursuant to Section 3.27, be fitted

with a one piece plug that is irremovable without dismantling

the shotgun or otherwise altered to render it incapable of

holding more than 3 shells in the magazine and chamber,

combined.

(n) It is unlawful for any person, except persons who

possess a permit to hunt from a vehicle as provided in this

Section and persons otherwise permitted by law, to have or

carry any gun in or on any vehicle, conveyance or aircraft,

unless such gun is unloaded and enclosed in a case, except that

at field trials authorized by Section 2.34 of this Act,

unloaded guns or guns loaded with blank cartridges only, may

be carried on horseback while not contained in a case, or to

have or carry any bow or arrow device in or on any vehicle

unless such bow or arrow device is unstrung or enclosed in a

case, or otherwise made inoperable unless in accordance with

the Firearm Concealed Carry Act.

(o) (Blank).

(p) It is unlawful to take game birds, migratory game

birds or migratory waterfowl with a rifle, pistol, revolver or

airgun.

(q) It is unlawful to fire a rifle, pistol, revolver or

airgun on, over or into any waters of this State, including

frozen waters.

(r) It is unlawful to discharge any gun or bow and arrow

device along, upon, across, or from any public right-of-way or

highway in this State.

(s) It is unlawful to use a silencer or other device to

muffle or mute the sound of the explosion or report resulting

from the firing of any gun.

(t) It is unlawful for any person to take or attempt to

take any species of wildlife or parts thereof, intentionally

or wantonly allow a dog to hunt, within or upon the land of

another, or upon waters flowing over or standing on the land of

another, or to knowingly shoot a gun or bow and arrow device at

any wildlife physically on or flying over the property of

another without first obtaining permission from the owner or

the owner's designee. For the purposes of this Section, the

owner's designee means anyone who the owner designates in a

written authorization and the authorization must contain (i)

the legal or common description of property for such authority

is given, (ii) the extent that the owner's designee is

authorized to make decisions regarding who is allowed to take

or attempt to take any species of wildlife or parts thereof,

and (iii) the owner's notarized signature. Before enforcing

this Section the law enforcement officer must have received

notice from the owner or the owner's designee of a violation of

this Section. Statements made to the law enforcement officer

regarding this notice shall not be rendered inadmissible by

the hearsay rule when offered for the purpose of showing the

required notice.

(u) It is unlawful for any person to discharge any firearm

for the purpose of taking any of the species protected by this

Act, or hunt with gun or dog, or intentionally or wantonly

allow a dog to hunt, within 300 yards of an inhabited dwelling

without first obtaining permission from the owner or tenant,

except that while trapping, hunting with bow and arrow,

hunting with dog and shotgun using shot shells only, or

hunting with shotgun using shot shells only, or providing

outfitting services under a waterfowl outfitter permit, or on

licensed game breeding and hunting preserve areas, as defined

in Section 3.27, on federally owned and managed lands and on

Department owned, managed, leased, or controlled lands, a 100

yard restriction shall apply.

(v) It is unlawful for any person to remove fur-bearing

mammals from, or to move or disturb in any manner, the traps

owned by another person without written authorization of the

owner to do so.

(w) It is unlawful for any owner of a dog to knowingly or

wantonly allow his or her dog to pursue, harass or kill deer,

except that nothing in this Section shall prohibit the

tracking of wounded deer with a dog in accordance with the

provisions of Section 2.26 of this Code.

(x) It is unlawful for any person to wantonly or

carelessly injure or destroy, in any manner whatsoever, any

real or personal property on the land of another while engaged

in hunting or trapping thereon.

(y) It is unlawful to hunt wild game protected by this Act

between one half hour after sunset and one half hour before

sunrise, except that hunting hours between one half hour after

sunset and one half hour before sunrise may be established by

administrative rule for fur-bearing mammals.

(z) It is unlawful to take any game bird (excluding wild

turkeys and crippled pheasants not capable of normal flight

and otherwise irretrievable) protected by this Act when not

flying. Nothing in this Section shall prohibit a person from

carrying an uncased, unloaded shotgun in a boat, while in

pursuit of a crippled migratory waterfowl that is incapable of

normal flight, for the purpose of attempting to reduce the

migratory waterfowl to possession, provided that the attempt

is made immediately upon downing the migratory waterfowl and

is done within 400 yards of the blind from which the migratory

waterfowl was downed. This exception shall apply only to

migratory game birds that are not capable of normal flight.

Migratory waterfowl that are crippled may be taken only with a

shotgun as regulated by subsection (j) of this Section using

shotgun shells as regulated in subsection (k) of this Section.

(aa) It is unlawful to use or possess any device that may

be used for tree climbing or cutting, while hunting

fur-bearing mammals, excluding coyotes.

(bb) It is unlawful for any person, except licensed game

breeders, pursuant to Section 2.29 to import, carry into, or

possess alive in this State any species of wildlife taken

outside of this State, without obtaining permission to do so

from the Director.

(cc) It is unlawful for any person to have in his or her

possession any freshly killed species protected by this Act

during the season closed for taking.

(dd) It is unlawful to take any species protected by this

Act and retain it alive except as provided by administrative

rule.

(ee) It is unlawful to possess any rifle while in the field

during gun deer season except as provided in Section 2.26 and

administrative rules.

(ff) It is unlawful for any person to take any species

protected by this Act, except migratory waterfowl, during the

gun deer hunting season in those counties open to gun deer

hunting, unless he or she wears, when in the field, a cap and

upper outer garment of a solid blaze orange color or solid

blaze pink color, with such articles of clothing displaying a

minimum of 400 square inches of blaze orange or solid blaze

pink color material.

(gg) It is unlawful during the upland game season for any

person to take upland game with a firearm unless he or she

wears, while in the field, a cap of solid blaze orange color or

solid blaze pink color. For purposes of this Act, upland game

is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked

Pheasant, Eastern Cottontail and Swamp Rabbit.

(hh) It shall be unlawful to kill or cripple any species

protected by this Act for which there is a bag limit without

making a reasonable effort to retrieve such species and

include such in the bag limit. It shall be unlawful for any

person having control over harvested game mammals, game birds,

or migratory game birds for which there is a bag limit to

wantonly waste or destroy the usable meat of the game, except

this shall not apply to wildlife taken under Sections 2.37 or

3.22 of this Code. For purposes of this subsection, "usable

meat" means the breast meat of a game bird or migratory game

bird and the hind ham and front shoulders of a game mammal. It

shall be unlawful for any person to place, leave, dump, or

abandon a wildlife carcass or parts of it along or upon a

public right-of-way or highway or on public or private

property, including a waterway or stream, without the

permission of the owner or tenant. It shall not be unlawful to

discard game meat that is determined to be unfit for human

consumption.

(ii) This Section shall apply only to those species

protected by this Act taken within the State. Any species or

any parts thereof, legally taken in and transported from other

states or countries, may be possessed within the State, except

as provided in this Section and Sections 2.35, 2.36 and 3.21.

(jj) (Blank).

(kk) Nothing contained in this Section shall prohibit the

Director from issuing permits to paraplegics or to other

persons with disabilities who meet the requirements set forth

in administrative rule to shoot or hunt from a vehicle as

provided by that rule, provided that such is otherwise in

accord with this Act.

(ll) Nothing contained in this Act shall prohibit the

taking of aquatic life protected by the Fish and Aquatic Life

Code or birds and mammals protected by this Act, except deer

and fur-bearing mammals, from a boat not camouflaged or

disguised to alter its identity or to further provide a place

of concealment and not propelled by sail or mechanical power.

However, only shotguns not larger than 10 gauge nor smaller

than .410 bore loaded with not more than 3 shells of a shot

size no larger than lead BB or steel T (.20 diameter) may be

used to take species protected by this Act.

(mm) Nothing contained in this Act shall prohibit the use

of a shotgun, not larger than 10 gauge nor smaller than a 20

gauge, with a rifled barrel.

(nn) It shall be unlawful to possess any species of

wildlife or wildlife parts taken unlawfully in Illinois, any

other state, or any other country, whether or not the wildlife

or wildlife parts is indigenous to Illinois. For the purposes

of this subsection, the statute of limitations for unlawful

possession of wildlife or wildlife parts shall not cease until

2 years after the possession has permanently ended.

(Source: P.A. 99-33, eff. 1-1-16; 99-143, eff. 7-27-15;

99-642, eff. 7-28-16; 100-489, eff. 9-8-17; 100-949, eff.

1-1-19.)

(520 ILCS 5/2.34) (from Ch. 61, par. 2.34)

Sec. 2.34. Dog Trials.

(a) Dogs of any breed may be trained the year round in

accordance with the provisions of this Act.

(b) During the periods of time when it is unlawful to take

species protected by this Act, the only firearms which shall

be used in the training of dogs from sunrise to sunset shall be

pistols with blank cartridges. No other gun or ammunition may

be in immediate possession during this time. No person or

persons in, along with, or accompanying the dog training

party, shall be in possession of any firearm or live

ammunition, except pistols capable of firing only blank

cartridges during the hours from sunset to sunrise. All

organized field trials or training grounds approved by the

Department shall be exempt from this provision unless in

accordance with the Firearm Concealed Carry Act.

(c) No field trial shall be held without a permit from the

Department.

The following Department areas shall be designated as

horseback field trial sites; Lee County Conservation Area, Des

Plaines Conservation Area, Moraine View State Park, Middle

Fork Fish and Wildlife Area, Hamilton County Conservation

Area, and Wayne Fitzgerrell State Park. The Department shall

provide and maintain quality wildlife habitat on these sites.

Field trials shall be scheduled only from September 1

through April 30 in the Northern Zone and September 1 through

April 15 in the Southern Zone. The Department maintains the

authority to schedule and administer field trials. The

boundary between the Northern Zone and the Southern Zone shall

be U.S. Route 36. However, (i) if the opening date of the field

trial season falls on Sunday, the season will begin on

Saturday of that weekend; and (ii) if the closing date of the

field trial season falls on Saturday, the season will conclude

on Sunday of that weekend; and (iii) if during the final days

of the field trial season a field trial organization begins a

field trial which is subsequently interrupted due to inclement

weather, the field trial organization may complete the trial,

subject to the Department's approval, even though the field

trial season has ended. The field trial organization must

complete the trial on the first possible day or days. Field

trials for the retrieving breeds are exempt from these field

trials season provisions and shall have no closed season.

The fee for field trials shall be established by the

Department by rule.

(d) The Department is authorized to designate dog training

areas and to grant permits for all field trials including

those field trials where game birds reared under Section 3.23

are released and taken in accordance with the rules and

regulations set forth by the Department. Applications for

permits for such trials and training areas shall be

accompanied by detailed information as to the date and the

location of the grounds where such trial area or training

grounds is located. Applicants for field trial or dog training

permits must have the consent of the landowner prior to

applying for such permit. Fees and other regulations will be

set by administrative rule.

(e) All permits for designated dog training areas shall

expire March 31st of each year.

(f) Permit holders for designated dog training areas must

possess a wild game breeder's permit or a game breeding and

hunting preserve area permit and may utilize live bird recall

devices on such areas.

(g) Nothing shall prevent an individual from using a dog

in the taking of squirrel during the open season.

(h) All hand reared game released and shot at field trials

shall be properly identified with tags as provided for by this

Act and such birds shall be banded before they are removed from

the field trial area.

(Source: P.A. 86-920; 87-1051.)

Section 30. The Criminal Code of 2012 is amended by

changing Sections 24-3 and 24-8 as follows:

(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)

Sec. 24-3. Unlawful sale or delivery of firearms.

(A) A person commits the offense of unlawful sale or

delivery of firearms when he or she knowingly does any of the

following:

(a) Sells or gives any firearm of a size which may be

concealed upon the person to any person under 18 years of

age.

(b) Sells or gives any firearm to a person under 21

years of age who has been convicted of a misdemeanor other

than a traffic offense or adjudged delinquent.

(c) Sells or gives any firearm to any narcotic addict.

(d) Sells or gives any firearm to any person who has

been convicted of a felony under the laws of this or any

other jurisdiction.

(e) Sells or gives any firearm to any person who has

been a patient in a mental institution within the past 5

years. In this subsection (e):

"Mental institution" means any hospital,

institution, clinic, evaluation facility, mental

health center, or part thereof, which is used

primarily for the care or treatment of persons with

mental illness.

"Patient in a mental institution" means the person

was admitted, either voluntarily or involuntarily, to

a mental institution for mental health treatment,

unless the treatment was voluntary and solely for an

alcohol abuse disorder and no other secondary

substance abuse disorder or mental illness.

(f) Sells or gives any firearms to any person who is a

person with an intellectual disability.

(g) Delivers any firearm, incidental to a sale,

without withholding delivery of the firearm for at least

72 hours after application for its purchase has been made,

or delivers a stun gun or taser, incidental to a sale,

without withholding delivery of the stun gun or taser for

at least 24 hours after application for its purchase has

been made. However, this paragraph (g) does not apply to:

(1) the sale of a firearm to a law enforcement officer if

the seller of the firearm knows that the person to whom he

or she is selling the firearm is a law enforcement officer

or the sale of a firearm to a person who desires to

purchase a firearm for use in promoting the public

interest incident to his or her employment as a bank

guard, armed truck guard, or other similar employment; (2)

a mail order sale of a firearm from a federally licensed

firearms dealer to a nonresident of Illinois under which

the firearm is mailed to a federally licensed firearms

dealer outside the boundaries of Illinois; (3) (blank);

(4) the sale of a firearm to a dealer licensed as a federal

firearms dealer under Section 923 of the federal Gun

Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or

sale of any rifle, shotgun, or other long gun to a resident

registered competitor or attendee or non-resident

registered competitor or attendee by any dealer licensed

as a federal firearms dealer under Section 923 of the

federal Gun Control Act of 1968 at competitive shooting

events held at the World Shooting Complex sanctioned by a

national governing body. For purposes of transfers or

sales under subparagraph (5) of this paragraph (g), the

Department of Natural Resources shall give notice to the

Department of State Police at least 30 calendar days prior

to any competitive shooting events at the World Shooting

Complex sanctioned by a national governing body. The

notification shall be made on a form prescribed by the

Department of State Police. The sanctioning body shall

provide a list of all registered competitors and attendees

at least 24 hours before the events to the Department of

State Police. Any changes to the list of registered

competitors and attendees shall be forwarded to the

Department of State Police as soon as practicable. The

Department of State Police must destroy the list of

registered competitors and attendees no later than 30 days

after the date of the event. Nothing in this paragraph (g)

relieves a federally licensed firearm dealer from the

requirements of conducting a NICS background check through

the Illinois Point of Contact under 18 U.S.C. 922(t). For

purposes of this paragraph (g), "application" means when

the buyer and seller reach an agreement to purchase a

firearm. For purposes of this paragraph (g), "national

governing body" means a group of persons who adopt rules

and formulate policy on behalf of a national firearm

sporting organization.

(h) While holding any license as a dealer, importer,

manufacturer or pawnbroker under the federal Gun Control

Act of 1968, manufactures, sells or delivers to any

unlicensed person a handgun having a barrel, slide, frame

or receiver which is a die casting of zinc alloy or any

other nonhomogeneous metal which will melt or deform at a

temperature of less than 800 degrees Fahrenheit. For

purposes of this paragraph, (1) "firearm" is defined as in

the Firearm Owners Identification Card Act; and (2)

"handgun" is defined as a firearm designed to be held and

fired by the use of a single hand, and includes a

combination of parts from which such a firearm can be

assembled.

(i) Sells or gives a firearm of any size to any person

under 18 years of age who does not possess a valid Firearm

Owner's Identification Card.

(j) Sells or gives a firearm while engaged in the

business of selling firearms at wholesale or retail

without being licensed as a federal firearms dealer under

Section 923 of the federal Gun Control Act of 1968 (18

U.S.C. 923). In this paragraph (j):

A person "engaged in the business" means a person who

devotes time, attention, and labor to engaging in the

activity as a regular course of trade or business with the

principal objective of livelihood and profit, but does not

include a person who makes occasional repairs of firearms

or who occasionally fits special barrels, stocks, or

trigger mechanisms to firearms.

"With the principal objective of livelihood and

profit" means that the intent underlying the sale or

disposition of firearms is predominantly one of obtaining

livelihood and pecuniary gain, as opposed to other

intents, such as improving or liquidating a personal

firearms collection; however, proof of profit shall not be

required as to a person who engages in the regular and

repetitive purchase and disposition of firearms for

criminal purposes or terrorism.

(k) Sells or transfers ownership of a firearm to a

person who does not display to the seller or transferor of

the firearm either: (1) a currently valid Firearm Owner's

Identification Card that has previously been issued in the

transferee's name by the Department of State Police under

the provisions of the Firearm Owners Identification Card

Act; or (2) a currently valid license to carry a concealed

firearm that has previously been issued in the

transferee's name by the Department of State Police under

the Firearm Concealed Carry Act. This paragraph (k) does

not apply to the transfer of a firearm to a person who is

exempt from the requirement of possessing a Firearm

Owner's Identification Card under Section 2 of the Firearm

Owners Identification Card Act. For the purposes of this

Section, a currently valid Firearm Owner's Identification

Card or license to carry a concealed firearm means receipt

of (i) a Firearm Owner's Identification Card that has not

expired or (ii) an approval number issued in accordance

with subsection (a-10) of subsection 3 or Section 3.1 of

the Firearm Owners Identification Card Act shall be proof

that the Firearm Owner's Identification Card was valid.

(1) In addition to the other requirements of this

paragraph (k), all persons who are not federally

licensed firearms dealers must also have complied with

subsection (a-10) of Section 3 of the Firearm Owners

Identification Card Act by determining the validity of

a purchaser's Firearm Owner's Identification Card.

(2) All sellers or transferors who have complied

with the requirements of subparagraph (1) of this

paragraph (k) shall not be liable for damages in any

civil action arising from the use or misuse by the

transferee of the firearm transferred, except for

willful or wanton misconduct on the part of the seller

or transferor.

(l) Not being entitled to the possession of a firearm,

delivers the firearm, knowing it to have been stolen or

converted. It may be inferred that a person who possesses

a firearm with knowledge that its serial number has been

removed or altered has knowledge that the firearm is

stolen or converted.

(B) Paragraph (h) of subsection (A) does not include

firearms sold within 6 months after enactment of Public Act

78-355 (approved August 21, 1973, effective October 1, 1973),

nor is any firearm legally owned or possessed by any citizen or

purchased by any citizen within 6 months after the enactment

of Public Act 78-355 subject to confiscation or seizure under

the provisions of that Public Act. Nothing in Public Act

78-355 shall be construed to prohibit the gift or trade of any

firearm if that firearm was legally held or acquired within 6

months after the enactment of that Public Act.

(C) Sentence.

(1) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (c), (e), (f), (g),

or (h) of subsection (A) commits a Class 4 felony.

(2) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (b) or (i) of

subsection (A) commits a Class 3 felony.

(3) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (a) of subsection

(A) commits a Class 2 felony.

(4) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (a), (b), or (i) of

subsection (A) in any school, on the real property

comprising a school, within 1,000 feet of the real

property comprising a school, at a school related

activity, or on or within 1,000 feet of any conveyance

owned, leased, or contracted by a school or school

district to transport students to or from school or a

school related activity, regardless of the time of day or

time of year at which the offense was committed, commits a

Class 1 felony. Any person convicted of a second or

subsequent violation of unlawful sale or delivery of

firearms in violation of paragraph (a), (b), or (i) of

subsection (A) in any school, on the real property

comprising a school, within 1,000 feet of the real

property comprising a school, at a school related

activity, or on or within 1,000 feet of any conveyance

owned, leased, or contracted by a school or school

district to transport students to or from school or a

school related activity, regardless of the time of day or

time of year at which the offense was committed, commits a

Class 1 felony for which the sentence shall be a term of

imprisonment of no less than 5 years and no more than 15

years.

(5) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (a) or (i) of

subsection (A) in residential property owned, operated, or

managed by a public housing agency or leased by a public

housing agency as part of a scattered site or mixed-income

development, in a public park, in a courthouse, on

residential property owned, operated, or managed by a

public housing agency or leased by a public housing agency

as part of a scattered site or mixed-income development,

on the real property comprising any public park, on the

real property comprising any courthouse, or on any public

way within 1,000 feet of the real property comprising any

public park, courthouse, or residential property owned,

operated, or managed by a public housing agency or leased

by a public housing agency as part of a scattered site or

mixed-income development commits a Class 2 felony.

(6) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (j) of subsection

(A) commits a Class A misdemeanor. A second or subsequent

violation is a Class 4 felony.

(7) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (k) of subsection

(A) commits a Class 4 felony, except that a violation of

subparagraph (1) of paragraph (k) of subsection (A) shall

not be punishable as a crime or petty offense. A third or

subsequent conviction for a violation of paragraph (k) of

subsection (A) is a Class 1 felony.

(8) A person 18 years of age or older convicted of

unlawful sale or delivery of firearms in violation of

paragraph (a) or (i) of subsection (A), when the firearm

that was sold or given to another person under 18 years of

age was used in the commission of or attempt to commit a

forcible felony, shall be fined or imprisoned, or both,

not to exceed the maximum provided for the most serious

forcible felony so committed or attempted by the person

under 18 years of age who was sold or given the firearm.

(9) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (d) of subsection

(A) commits a Class 3 felony.

(10) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (l) of subsection

(A) commits a Class 2 felony if the delivery is of one

firearm. Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (l) of subsection

(A) commits a Class 1 felony if the delivery is of not less

than 2 and not more than 5 firearms at the same time or

within a one year period. Any person convicted of unlawful

sale or delivery of firearms in violation of paragraph (l)

of subsection (A) commits a Class X felony for which he or

she shall be sentenced to a term of imprisonment of not

less than 6 years and not more than 30 years if the

delivery is of not less than 6 and not more than 10

firearms at the same time or within a 2 year period. Any

person convicted of unlawful sale or delivery of firearms

in violation of paragraph (l) of subsection (A) commits a

Class X felony for which he or she shall be sentenced to a

term of imprisonment of not less than 6 years and not more

than 40 years if the delivery is of not less than 11 and

not more than 20 firearms at the same time or within a 3

year period. Any person convicted of unlawful sale or

delivery of firearms in violation of paragraph (l) of

subsection (A) commits a Class X felony for which he or she

shall be sentenced to a term of imprisonment of not less

than 6 years and not more than 50 years if the delivery is

of not less than 21 and not more than 30 firearms at the

same time or within a 4 year period. Any person convicted

of unlawful sale or delivery of firearms in violation of

paragraph (l) of subsection (A) commits a Class X felony

for which he or she shall be sentenced to a term of

imprisonment of not less than 6 years and not more than 60

years if the delivery is of 31 or more firearms at the same

time or within a 5 year period.

(D) For purposes of this Section:

"School" means a public or private elementary or secondary

school, community college, college, or university.

"School related activity" means any sporting, social,

academic, or other activity for which students' attendance or

participation is sponsored, organized, or funded in whole or

in part by a school or school district.

(E) A prosecution for a violation of paragraph (k) of

subsection (A) of this Section may be commenced within 6 years

after the commission of the offense. A prosecution for a

violation of this Section other than paragraph (g) of

subsection (A) of this Section may be commenced within 5 years

after the commission of the offense defined in the particular

paragraph.

(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;

99-642, eff. 7-28-16; 100-606, eff. 1-1-19.)

(720 ILCS 5/24-8)

Sec. 24-8. Firearm evidence tracing.

(a) Upon recovering a firearm from the possession of

anyone who is not permitted by federal or State law to possess

a firearm, a local law enforcement agency shall use the best

available information, including a firearms trace when

necessary, to determine how and from whom the person gained

possession of the firearm. Upon recovering a firearm that was

used in the commission of any offense classified as a felony or

upon recovering a firearm that appears to have been lost,

mislaid, stolen, or otherwise unclaimed, a local law

enforcement agency shall use the best available information,

including a firearms trace when necessary, to determine prior

ownership of the firearm.

(b) Law Local law enforcement shall, when appropriate, use

the National Tracing Center of the Federal Bureau of Alcohol,

Tobacco and Firearms and the National Crime Information Center

of the Federal Bureau of Investigation in complying with

subsection (a) of this Section.

(c) Law Local law enforcement agencies shall use the

Illinois Department of State Police Law Enforcement Agencies

Data System (LEADS) Gun File to enter all stolen, seized, or

recovered firearms as prescribed by LEADS regulations and

policies.

(d) Whenever a law enforcement agency recovers a fired

cartridge case at a crime scene or has reason to believe that

the recovered fired cartridge case is related to or associated

with the commission of a crime, the law enforcement agency

shall submit the evidence to the National Integrated

Ballistics Information Network (NIBIN) or an Illinois State

Police laboratory for NIBIN processing. Whenever a law

enforcement agency seizes or recovers a semiautomatic firearm

that is deemed suitable to be entered into the NIBIN that was:

(i) unlawfully possessed, (ii) used for any unlawful purpose,

(iii) recovered from the scene of a crime, (iv) is reasonably

believed to have been used or associated with the commission

of a crime, or (v) is acquired by the law enforcement agency as

an abandoned or discarded firearm, the law enforcement agency

shall submit the evidence to the NIBIN or an Illinois State

Police laboratory for NIBIN processing. When practicable, all

NIBIN-suitable evidence and NIBIN-suitable test fires from

recovered firearms shall be entered into the NIBIN within 2

business days of submission to Illinois State Police

laboratories that have NIBIN access or another NIBIN site.

Exceptions to this may occur if the evidence in question

requires analysis by other forensic disciplines. The Illinois

State Police laboratory, submitting agency, and relevant court

representatives shall determine whether the request for

additional analysis outweighs the 2 business-day requirement.

Illinois State Police laboratories that do not have NIBIN

access shall submit NIBIN-suitable evidence and test fires to

an Illinois State Police laboratory with NIBIN access. Upon

receipt at the laboratory with NIBIN access, when practicable,

the evidence and test fires shall be entered into the NIBIN

within 2 business days. Exceptions to this 2 business-day

requirement may occur if the evidence in question requires

analysis by other forensic disciplines. The Illinois State

Police laboratory, submitting agency, and relevant court

representatives shall determine whether the request for

additional analysis outweighs the 2 business-day requirement.

Nothing in this Section shall be interpreted to conflict with

standards and policies for NIBIN sites as promulgated by the

federal Bureau of Alcohol, Tobacco, Firearms and Explosives or

successor agencies.

(Source: P.A. 91-364, eff. 1-1-00; 92-300, eff. 1-1-02.)

Section 35. The Code of Criminal Procedure of 1963 is

amended by changing Section 112A-14 as follows:

(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)

Sec. 112A-14. Domestic violence order of protection;

remedies.

(a) (Blank).

(b) The court may order any of the remedies listed in this

subsection (b). The remedies listed in this subsection (b)

shall be in addition to other civil or criminal remedies

available to petitioner.

(1) Prohibition of abuse. Prohibit respondent's

harassment, interference with personal liberty,

intimidation of a dependent, physical abuse, or willful

deprivation, as defined in this Article, if such abuse has

occurred or otherwise appears likely to occur if not

prohibited.

(2) Grant of exclusive possession of residence.

Prohibit respondent from entering or remaining in any

residence, household, or premises of the petitioner,

including one owned or leased by respondent, if petitioner

has a right to occupancy thereof. The grant of exclusive

possession of the residence, household, or premises shall

not affect title to real property, nor shall the court be

limited by the standard set forth in subsection (c-2) of

Section 501 of the Illinois Marriage and Dissolution of

Marriage Act.

(A) Right to occupancy. A party has a right to

occupancy of a residence or household if it is solely

or jointly owned or leased by that party, that party's

spouse, a person with a legal duty to support that

party or a minor child in that party's care, or by any

person or entity other than the opposing party that

authorizes that party's occupancy (e.g., a domestic

violence shelter). Standards set forth in subparagraph

(B) shall not preclude equitable relief.

(B) Presumption of hardships. If petitioner and

respondent each has the right to occupancy of a

residence or household, the court shall balance (i)

the hardships to respondent and any minor child or

dependent adult in respondent's care resulting from

entry of this remedy with (ii) the hardships to

petitioner and any minor child or dependent adult in

petitioner's care resulting from continued exposure to

the risk of abuse (should petitioner remain at the

residence or household) or from loss of possession of

the residence or household (should petitioner leave to

avoid the risk of abuse). When determining the balance

of hardships, the court shall also take into account

the accessibility of the residence or household.

Hardships need not be balanced if respondent does not

have a right to occupancy.

The balance of hardships is presumed to favor

possession by petitioner unless the presumption is

rebutted by a preponderance of the evidence, showing

that the hardships to respondent substantially

outweigh the hardships to petitioner and any minor

child or dependent adult in petitioner's care. The

court, on the request of petitioner or on its own

motion, may order respondent to provide suitable,

accessible, alternate housing for petitioner instead

of excluding respondent from a mutual residence or

household.

(3) Stay away order and additional prohibitions. Order

respondent to stay away from petitioner or any other

person protected by the domestic violence order of

protection, or prohibit respondent from entering or

remaining present at petitioner's school, place of

employment, or other specified places at times when

petitioner is present, or both, if reasonable, given the

balance of hardships. Hardships need not be balanced for

the court to enter a stay away order or prohibit entry if

respondent has no right to enter the premises.

(A) If a domestic violence order of protection

grants petitioner exclusive possession of the

residence, prohibits respondent from entering the

residence, or orders respondent to stay away from

petitioner or other protected persons, then the court

may allow respondent access to the residence to remove

items of clothing and personal adornment used

exclusively by respondent, medications, and other

items as the court directs. The right to access shall

be exercised on only one occasion as the court directs

and in the presence of an agreed-upon adult third

party or law enforcement officer.

(B) When the petitioner and the respondent attend

the same public, private, or non-public elementary,

middle, or high school, the court when issuing a

domestic violence order of protection and providing

relief shall consider the severity of the act, any

continuing physical danger or emotional distress to

the petitioner, the educational rights guaranteed to

the petitioner and respondent under federal and State

law, the availability of a transfer of the respondent

to another school, a change of placement or a change of

program of the respondent, the expense, difficulty,

and educational disruption that would be caused by a

transfer of the respondent to another school, and any

other relevant facts of the case. The court may order

that the respondent not attend the public, private, or

non-public elementary, middle, or high school attended

by the petitioner, order that the respondent accept a

change of placement or change of program, as

determined by the school district or private or

non-public school, or place restrictions on the

respondent's movements within the school attended by

the petitioner. The respondent bears the burden of

proving by a preponderance of the evidence that a

transfer, change of placement, or change of program of

the respondent is not available. The respondent also

bears the burden of production with respect to the

expense, difficulty, and educational disruption that

would be caused by a transfer of the respondent to

another school. A transfer, change of placement, or

change of program is not unavailable to the respondent

solely on the ground that the respondent does not

agree with the school district's or private or

non-public school's transfer, change of placement, or

change of program or solely on the ground that the

respondent fails or refuses to consent or otherwise

does not take an action required to effectuate a

transfer, change of placement, or change of program.

When a court orders a respondent to stay away from the

public, private, or non-public school attended by the

petitioner and the respondent requests a transfer to

another attendance center within the respondent's

school district or private or non-public school, the

school district or private or non-public school shall

have sole discretion to determine the attendance

center to which the respondent is transferred. If the

court order results in a transfer of the minor

respondent to another attendance center, a change in

the respondent's placement, or a change of the

respondent's program, the parents, guardian, or legal

custodian of the respondent is responsible for

transportation and other costs associated with the

transfer or change.

(C) The court may order the parents, guardian, or

legal custodian of a minor respondent to take certain

actions or to refrain from taking certain actions to

ensure that the respondent complies with the order. If

the court orders a transfer of the respondent to

another school, the parents, guardian, or legal

custodian of the respondent is responsible for

transportation and other costs associated with the

change of school by the respondent.

(4) Counseling. Require or recommend the respondent to

undergo counseling for a specified duration with a social

worker, psychologist, clinical psychologist,

psychiatrist, family service agency, alcohol or substance

abuse program, mental health center guidance counselor,

agency providing services to elders, program designed for

domestic violence abusers, or any other guidance service

the court deems appropriate. The court may order the

respondent in any intimate partner relationship to report

to an Illinois Department of Human Services protocol

approved partner abuse intervention program for an

assessment and to follow all recommended treatment.

(5) Physical care and possession of the minor child.

In order to protect the minor child from abuse, neglect,

or unwarranted separation from the person who has been the

minor child's primary caretaker, or to otherwise protect

the well-being of the minor child, the court may do either

or both of the following: (i) grant petitioner physical

care or possession of the minor child, or both, or (ii)

order respondent to return a minor child to, or not remove

a minor child from, the physical care of a parent or person

in loco parentis.

If the respondent is charged with abuse (as defined in

Section 112A-3 of this Code) of a minor child, there shall

be a rebuttable presumption that awarding physical care to

respondent would not be in the minor child's best

interest.

(6) Temporary allocation of parental responsibilities

and significant decision-making responsibilities. Award

temporary significant decision-making responsibility to

petitioner in accordance with this Section, the Illinois

Marriage and Dissolution of Marriage Act, the Illinois

Parentage Act of 2015, and this State's Uniform

Child-Custody Jurisdiction and Enforcement Act.

If the respondent is charged with abuse (as defined in

Section 112A-3 of this Code) of a minor child, there shall

be a rebuttable presumption that awarding temporary

significant decision-making responsibility to respondent

would not be in the child's best interest.

(7) Parenting time. Determine the parenting time, if

any, of respondent in any case in which the court awards

physical care or temporary significant decision-making

responsibility of a minor child to petitioner. The court

shall restrict or deny respondent's parenting time with a

minor child if the court finds that respondent has done or

is likely to do any of the following:

(i) abuse or endanger the minor child during

parenting time;

(ii) use the parenting time as an opportunity to

abuse or harass petitioner or petitioner's family or

household members;

(iii) improperly conceal or detain the minor

child; or

(iv) otherwise act in a manner that is not in the

best interests of the minor child.

The court shall not be limited by the standards set

forth in Section 603.10 of the Illinois Marriage and

Dissolution of Marriage Act. If the court grants parenting

time, the order shall specify dates and times for the

parenting time to take place or other specific parameters

or conditions that are appropriate. No order for parenting

time shall refer merely to the term "reasonable parenting

time". Petitioner may deny respondent access to the minor

child if, when respondent arrives for parenting time,

respondent is under the influence of drugs or alcohol and

constitutes a threat to the safety and well-being of

petitioner or petitioner's minor children or is behaving

in a violent or abusive manner. If necessary to protect

any member of petitioner's family or household from future

abuse, respondent shall be prohibited from coming to

petitioner's residence to meet the minor child for

parenting time, and the petitioner and respondent shall

submit to the court their recommendations for reasonable

alternative arrangements for parenting time. A person may

be approved to supervise parenting time only after filing

an affidavit accepting that responsibility and

acknowledging accountability to the court.

(8) Removal or concealment of minor child. Prohibit

respondent from removing a minor child from the State or

concealing the child within the State.

(9) Order to appear. Order the respondent to appear in

court, alone or with a minor child, to prevent abuse,

neglect, removal or concealment of the child, to return

the child to the custody or care of the petitioner, or to

permit any court-ordered interview or examination of the

child or the respondent.

(10) Possession of personal property. Grant petitioner

exclusive possession of personal property and, if

respondent has possession or control, direct respondent to

promptly make it available to petitioner, if:

(i) petitioner, but not respondent, owns the

property; or

(ii) the petitioner and respondent own the

property jointly; sharing it would risk abuse of

petitioner by respondent or is impracticable; and the

balance of hardships favors temporary possession by

petitioner.

If petitioner's sole claim to ownership of the

property is that it is marital property, the court may

award petitioner temporary possession thereof under the

standards of subparagraph (ii) of this paragraph only if a

proper proceeding has been filed under the Illinois

Marriage and Dissolution of Marriage Act, as now or

hereafter amended.

No order under this provision shall affect title to

property.

(11) Protection of property. Forbid the respondent

from taking, transferring, encumbering, concealing,

damaging, or otherwise disposing of any real or personal

property, except as explicitly authorized by the court,

if:

(i) petitioner, but not respondent, owns the

property; or

(ii) the petitioner and respondent own the

property jointly, and the balance of hardships favors

granting this remedy.

If petitioner's sole claim to ownership of the

property is that it is marital property, the court may

grant petitioner relief under subparagraph (ii) of this

paragraph only if a proper proceeding has been filed under

the Illinois Marriage and Dissolution of Marriage Act, as

now or hereafter amended.

The court may further prohibit respondent from

improperly using the financial or other resources of an

aged member of the family or household for the profit or

advantage of respondent or of any other person.

(11.5) Protection of animals. Grant the petitioner the

exclusive care, custody, or control of any animal owned,

possessed, leased, kept, or held by either the petitioner

or the respondent or a minor child residing in the

residence or household of either the petitioner or the

respondent and order the respondent to stay away from the

animal and forbid the respondent from taking,

transferring, encumbering, concealing, harming, or

otherwise disposing of the animal.

(12) Order for payment of support. Order respondent to

pay temporary support for the petitioner or any child in

the petitioner's care or over whom the petitioner has been

allocated parental responsibility, when the respondent has

a legal obligation to support that person, in accordance

with the Illinois Marriage and Dissolution of Marriage

Act, which shall govern, among other matters, the amount

of support, payment through the clerk and withholding of

income to secure payment. An order for child support may

be granted to a petitioner with lawful physical care of a

child, or an order or agreement for physical care of a

child, prior to entry of an order allocating significant

decision-making responsibility. Such a support order shall

expire upon entry of a valid order allocating parental

responsibility differently and vacating petitioner's

significant decision-making responsibility unless

otherwise provided in the order.

(13) Order for payment of losses. Order respondent to

pay petitioner for losses suffered as a direct result of

the abuse. Such losses shall include, but not be limited

to, medical expenses, lost earnings or other support,

repair or replacement of property damaged or taken,

reasonable attorney's fees, court costs, and moving or

other travel expenses, including additional reasonable

expenses for temporary shelter and restaurant meals.

(i) Losses affecting family needs. If a party is

entitled to seek maintenance, child support, or

property distribution from the other party under the

Illinois Marriage and Dissolution of Marriage Act, as

now or hereafter amended, the court may order

respondent to reimburse petitioner's actual losses, to

the extent that such reimbursement would be

"appropriate temporary relief", as authorized by

subsection (a)(3) of Section 501 of that Act.

(ii) Recovery of expenses. In the case of an

improper concealment or removal of a minor child, the

court may order respondent to pay the reasonable

expenses incurred or to be incurred in the search for

and recovery of the minor child, including, but not

limited to, legal fees, court costs, private

investigator fees, and travel costs.

(14) Prohibition of entry. Prohibit the respondent

from entering or remaining in the residence or household

while the respondent is under the influence of alcohol or

drugs and constitutes a threat to the safety and

well-being of the petitioner or the petitioner's children.

(14.5) Prohibition of firearm possession.

(A) A person who is subject to an existing

domestic violence order of protection issued under

this Code may not lawfully possess weapons or a

Firearm Owner's Identification Card under Section 8.2

of the Firearm Owners Identification Card Act.

(B) Any firearms in the possession of the

respondent, except as provided in subparagraph (C) of

this paragraph (14.5), shall be ordered by the court

to be turned over to a person with a valid Firearm

Owner's Identification Card for safekeeping. The court

shall issue an order that the respondent comply with

Section 9.5 of the Firearm Owners Identification Card

Act. the respondent's Firearm Owner's Identification

Card be turned over to the local law enforcement

agency, which in turn shall immediately mail the card

to the Department of State Police Firearm Owner's

Identification Card Office for safekeeping. The period

of safekeeping shall be for the duration of the

domestic violence order of protection. The firearm or

firearms and Firearm Owner's Identification Card, if

unexpired, shall at the respondent's request be

returned to the respondent at expiration of the

domestic violence order of protection.

(C) If the respondent is a peace officer as

defined in Section 2-13 of the Criminal Code of 2012,

the court shall order that any firearms used by the

respondent in the performance of his or her duties as a

peace officer be surrendered to the chief law

enforcement executive of the agency in which the

respondent is employed, who shall retain the firearms

for safekeeping for the duration of the domestic

violence order of protection.

(D) Upon expiration of the period of safekeeping,

if the firearms or Firearm Owner's Identification Card

cannot be returned to respondent because respondent

cannot be located, fails to respond to requests to

retrieve the firearms, or is not lawfully eligible to

possess a firearm, upon petition from the local law

enforcement agency, the court may order the local law

enforcement agency to destroy the firearms, use the

firearms for training purposes, or for any other

application as deemed appropriate by the local law

enforcement agency; or that the firearms be turned

over to a third party who is lawfully eligible to

possess firearms, and who does not reside with

respondent.

(15) Prohibition of access to records. If a domestic

violence order of protection prohibits respondent from

having contact with the minor child, or if petitioner's

address is omitted under subsection (b) of Section 112A-5

of this Code, or if necessary to prevent abuse or wrongful

removal or concealment of a minor child, the order shall

deny respondent access to, and prohibit respondent from

inspecting, obtaining, or attempting to inspect or obtain,

school or any other records of the minor child who is in

the care of petitioner.

(16) Order for payment of shelter services. Order

respondent to reimburse a shelter providing temporary

housing and counseling services to the petitioner for the

cost of the services, as certified by the shelter and

deemed reasonable by the court.

(17) Order for injunctive relief. Enter injunctive

relief necessary or appropriate to prevent further abuse

of a family or household member or to effectuate one of the

granted remedies, if supported by the balance of

hardships. If the harm to be prevented by the injunction

is abuse or any other harm that one of the remedies listed

in paragraphs (1) through (16) of this subsection is

designed to prevent, no further evidence is necessary to

establish that the harm is an irreparable injury.

(18) Telephone services.

(A) Unless a condition described in subparagraph

(B) of this paragraph exists, the court may, upon

request by the petitioner, order a wireless telephone

service provider to transfer to the petitioner the

right to continue to use a telephone number or numbers

indicated by the petitioner and the financial

responsibility associated with the number or numbers,

as set forth in subparagraph (C) of this paragraph. In

this paragraph (18), the term "wireless telephone

service provider" means a provider of commercial

mobile service as defined in 47 U.S.C. 332. The

petitioner may request the transfer of each telephone

number that the petitioner, or a minor child in his or

her custody, uses. The clerk of the court shall serve

the order on the wireless telephone service provider's

agent for service of process provided to the Illinois

Commerce Commission. The order shall contain all of

the following:

(i) The name and billing telephone number of

the account holder including the name of the

wireless telephone service provider that serves

the account.

(ii) Each telephone number that will be

transferred.

(iii) A statement that the provider transfers

to the petitioner all financial responsibility for

and right to the use of any telephone number

transferred under this paragraph.

(B) A wireless telephone service provider shall

terminate the respondent's use of, and shall transfer

to the petitioner use of, the telephone number or

numbers indicated in subparagraph (A) of this

paragraph unless it notifies the petitioner, within 72

hours after it receives the order, that one of the

following applies:

(i) The account holder named in the order has

terminated the account.

(ii) A difference in network technology would

prevent or impair the functionality of a device on

a network if the transfer occurs.

(iii) The transfer would cause a geographic or

other limitation on network or service provision

to the petitioner.

(iv) Another technological or operational

issue would prevent or impair the use of the

telephone number if the transfer occurs.

(C) The petitioner assumes all financial

responsibility for and right to the use of any

telephone number transferred under this paragraph. In

this paragraph, "financial responsibility" includes

monthly service costs and costs associated with any

mobile device associated with the number.

(D) A wireless telephone service provider may

apply to the petitioner its routine and customary

requirements for establishing an account or

transferring a number, including requiring the

petitioner to provide proof of identification,

financial information, and customer preferences.

(E) Except for willful or wanton misconduct, a

wireless telephone service provider is immune from

civil liability for its actions taken in compliance

with a court order issued under this paragraph.

(F) All wireless service providers that provide

services to residential customers shall provide to the

Illinois Commerce Commission the name and address of

an agent for service of orders entered under this

paragraph (18). Any change in status of the registered

agent must be reported to the Illinois Commerce

Commission within 30 days of such change.

(G) The Illinois Commerce Commission shall

maintain the list of registered agents for service for

each wireless telephone service provider on the

Commission's website. The Commission may consult with

wireless telephone service providers and the Circuit

Court Clerks on the manner in which this information

is provided and displayed.

(c) Relevant factors; findings.

(1) In determining whether to grant a specific remedy,

other than payment of support, the court shall consider

relevant factors, including, but not limited to, the

following:

(i) the nature, frequency, severity, pattern, and

consequences of the respondent's past abuse of the

petitioner or any family or household member,

including the concealment of his or her location in

order to evade service of process or notice, and the

likelihood of danger of future abuse to petitioner or

any member of petitioner's or respondent's family or

household; and

(ii) the danger that any minor child will be

abused or neglected or improperly relocated from the

jurisdiction, improperly concealed within the State,

or improperly separated from the child's primary

caretaker.

(2) In comparing relative hardships resulting to the

parties from loss of possession of the family home, the

court shall consider relevant factors, including, but not

limited to, the following:

(i) availability, accessibility, cost, safety,

adequacy, location, and other characteristics of

alternate housing for each party and any minor child

or dependent adult in the party's care;

(ii) the effect on the party's employment; and

(iii) the effect on the relationship of the party,

and any minor child or dependent adult in the party's

care, to family, school, church, and community.

(3) Subject to the exceptions set forth in paragraph

(4) of this subsection (c), the court shall make its

findings in an official record or in writing, and shall at

a minimum set forth the following:

(i) That the court has considered the applicable

relevant factors described in paragraphs (1) and (2)

of this subsection (c).

(ii) Whether the conduct or actions of respondent,

unless prohibited, will likely cause irreparable harm

or continued abuse.

(iii) Whether it is necessary to grant the

requested relief in order to protect petitioner or

other alleged abused persons.

(4) (Blank).

(5) Never married parties. No rights or

responsibilities for a minor child born outside of

marriage attach to a putative father until a father and

child relationship has been established under the Illinois

Parentage Act of 1984, the Illinois Parentage Act of 2015,

the Illinois Public Aid Code, Section 12 of the Vital

Records Act, the Juvenile Court Act of 1987, the Probate

Act of 1975, the Uniform Interstate Family Support Act,

the Expedited Child Support Act of 1990, any judicial,

administrative, or other act of another state or

territory, any other statute of this State, or by any

foreign nation establishing the father and child

relationship, any other proceeding substantially in

conformity with the federal Personal Responsibility and

Work Opportunity Reconciliation Act of 1996, or when both

parties appeared in open court or at an administrative

hearing acknowledging under oath or admitting by

affirmation the existence of a father and child

relationship. Absent such an adjudication, no putative

father shall be granted temporary allocation of parental

responsibilities, including parenting time with the minor

child, or physical care and possession of the minor child,

nor shall an order of payment for support of the minor

child be entered.

(d) Balance of hardships; findings. If the court finds

that the balance of hardships does not support the granting of

a remedy governed by paragraph (2), (3), (10), (11), or (16) of

subsection (b) of this Section, which may require such

balancing, the court's findings shall so indicate and shall

include a finding as to whether granting the remedy will

result in hardship to respondent that would substantially

outweigh the hardship to petitioner from denial of the remedy.

The findings shall be an official record or in writing.

(e) Denial of remedies. Denial of any remedy shall not be

based, in whole or in part, on evidence that:

(1) respondent has cause for any use of force, unless

that cause satisfies the standards for justifiable use of

force provided by Article 7 of the Criminal Code of 2012;

(2) respondent was voluntarily intoxicated;

(3) petitioner acted in self-defense or defense of

another, provided that, if petitioner utilized force, such

force was justifiable under Article 7 of the Criminal Code

of 2012;

(4) petitioner did not act in self-defense or defense

of another;

(5) petitioner left the residence or household to

avoid further abuse by respondent;

(6) petitioner did not leave the residence or

household to avoid further abuse by respondent; or

(7) conduct by any family or household member excused

the abuse by respondent, unless that same conduct would

have excused such abuse if the parties had not been family

or household members.

(Source: P.A. 100-199, eff. 1-1-18; 100-388, eff. 1-1-18;

100-597, eff. 6-29-18; 100-863, eff. 8-14-18; 100-923, eff.

1-1-19; 101-81, eff. 7-12-19.)

Section 40. The Unified Code of Corrections is amended by

changing Section 5-4-3a as follows:

(730 ILCS 5/5-4-3a)

Sec. 5-4-3a. DNA testing backlog accountability.

(a) On or before August 1 of each year, the Department of

State Police shall report to the Governor and both houses of

the General Assembly the following information:

(1) the extent of the backlog of cases awaiting

testing or awaiting DNA analysis by that Department,

including but not limited to those tests conducted under

Section 5-4-3, as of June 30 of the previous fiscal year,

with the backlog being defined as all cases awaiting

forensic testing whether in the physical custody of the

State Police or in the physical custody of local law

enforcement, provided that the State Police have written

notice of any evidence in the physical custody of local

law enforcement prior to June 1 of that year; and

(2) what measures have been and are being taken to

reduce that backlog and the estimated costs or

expenditures in doing so.

(b) The information reported under this Section shall be

made available to the public, at the time it is reported, on

the official web site of the Department of State Police.

(c) Beginning January 1, 2016, the Department of State

Police shall quarterly report on the status of the processing

of forensic biology and DNA evidence submitted to the

Department of State Police Laboratory for analysis. The report

shall be submitted to the Governor and the General Assembly,

and shall be posted on the Department of State Police website.

The report shall include the following for each State Police

Laboratory location and any laboratory to which the Department

of State Police has outsourced evidence for testing:

(1) For forensic biology submissions, report both

total case and sexual assault or abuse case (as defined by

the Sexual Assault Evidence Submission Act) figures for:

(A) The number of cases received in the preceding

quarter.

(B) The number of cases completed in the preceding

quarter.

(C) The number of cases waiting analysis.

(D) The number of cases sent for outsourcing.

(E) The number of cases waiting analysis that were

received within the past 30 days.

(F) The number of cases waiting analysis that were

received 31 to 90 days prior.

(G) The number of cases waiting analysis that were

received 91 to 180 days prior.

(H) The number of cases waiting analysis that were

received 181 to 365 days prior.

(I) The number of cases waiting analysis that were

received more than 365 days prior.

(J) The number of cases forwarded for DNA

analyses.

(2) For DNA submissions, report both total case and

sexual assault or abuse case (as defined by the Sexual

Assault Evidence Submission Act) figures for:

(A) The number of cases received in the preceding

quarter.

(B) The number of cases completed in the preceding

quarter.

(C) The number of cases waiting analysis.

(D) The number of cases sent for outsourcing.

(E) The number of cases waiting analysis that were

received within the past 30 days.

(F) The number of cases waiting analysis that were

received 31 to 90 days prior.

(G) The number of cases waiting analysis that were

received 91 to 180 days prior.

(H) The number of cases waiting analysis that were

received 181 to 365 days prior.

(I) The number of cases waiting analysis that were

received more than 365 days prior.

(3) For all other categories of testing (e.g., drug

chemistry, firearms/toolmark, footwear/tire track, latent

prints, toxicology, and trace chemistry analysis):

(A) The number of cases received in the preceding

quarter.

(B) The number of cases completed in the preceding

quarter.

(C) The number of cases waiting analysis.

(D) The number of cases entered in the National

Integrated Ballistic Information Network (NIBIN).

(E) The number of investigative leads developed

from National Integrated Ballistic Information Network

(NIBIN) analysis.

(4) For the Combined DNA Index System (CODIS), report

both total case and sexual assault or abuse case (as

defined by the Sexual Assault Evidence Submission Act)

figures for subparagraphs (D), (E), and (F) of this

paragraph (4):

(A) The number of new offender samples received in

the preceding quarter.

(B) The number of offender samples uploaded to

CODIS in the preceding quarter.

(C) The number of offender samples awaiting

analysis.

(D) The number of unknown DNA case profiles

uploaded to CODIS in the preceding quarter.

(E) The number of CODIS hits in the preceding

quarter.

(F) The number of forensic evidence submissions

submitted to confirm a previously reported CODIS hit.

(5) For each category of testing, report the number of

trained forensic scientists and the number of forensic

scientists in training.

As used in this subsection (c), "completed" means

completion of both the analysis of the evidence and the

provision of the results to the submitting law enforcement

agency.

(d) The provisions of this subsection (d), other than this

sentence, are inoperative on and after January 1, 2019 or 2

years after the effective date of this amendatory Act of the

99th General Assembly, whichever is later. In consultation

with and subject to the approval of the Chief Procurement

Officer, the Department of State Police may obtain contracts

for services, commodities, and equipment to assist in the

timely completion of forensic biology, DNA, drug chemistry,

firearms/toolmark, footwear/tire track, latent prints,

toxicology, microscopy, trace chemistry, and Combined DNA

Index System (CODIS) analysis. Contracts to support the

delivery of timely forensic science services are not subject

to the provisions of the Illinois Procurement Code, except for

Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of

that Code, provided that the Chief Procurement Officer may, in

writing with justification, waive any certification required

under Article 50 of the Illinois Procurement Code. For any

contracts for services which are currently provided by members

of a collective bargaining agreement, the applicable terms of

the collective bargaining agreement concerning subcontracting

shall be followed.

(Source: P.A. 99-352, eff. 1-1-16; 99-801, eff. 1-1-17.)

Section 90. Illinois State Police; adoption of rules. The

Illinois State Police shall adopt rules to implement this Act.

Section 95. No acceleration or delay. Where this Act makes

changes in a statute that is represented in this Act by text

that is not yet or no longer in effect (for example, a Section

represented by multiple versions), the use of that text does

not accelerate or delay the taking effect of (i) the changes

made by this Act or (ii) provisions derived from any other

Public Act.