102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB5474

Introduced , by Rep. Jay Hoffman

SYNOPSIS AS INTRODUCED:

`5 ILCS 120/2`	`from Ch. 102, par. 42`
`5 ILCS 140/7.5`
`20 ILCS 2605/2605-605`
`30 ILCS 105/6z-127`
`30 ILCS 715/3`	`from Ch. 56 1/2, par. 1703`
`430 ILCS 65/1.1`	`from Ch. 38, par. 83-1.1`
`430 ILCS 65/5`	`from Ch. 38, par. 83-5`
`430 ILCS 65/10`	`from Ch. 38, par. 83-10`
`430 ILCS 65/11`	`from Ch. 38, par. 83-11`
`430 ILCS 66/5`
`430 ILCS 66/10`
`430 ILCS 66/20`
`430 ILCS 66/60`
`430 ILCS 66/66`
`430 ILCS 66/87`
`720 ILCS 5/24-1.1`	`from Ch. 38, par. 24-1.1`

Amends the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act. Combines the functions of the Concealed Carry

Licensing Review Board and the Firearm
Owner's Identification Card Review

Board. Creates the Firearms Safety Review Board, created independent of any other agency or department of State government, to perform the

functions of the Concealed Carry Licensing Review Board and the Firearm

Owner's Identification Card Review Board. Transfers powers, duties, rights, responsibilities, books, records, documents, real and personnel property of those agencies to the Firearms Safety Review Board. Makes other technical and stylistic changes. Amends the Illinois State Police

Law of the
Civil Administrative Code of Illinois concerning the

eligibility of law enforcement agencies to receive grants under the Act. Amends the Open Meetings Act, the Freedom of Information Act, the State Finance Act, the Intergovernmental Drug Laws Enforcement Act, and the Criminal Code of 2012 to make conforming changes. Effective January 1, 2023.

LRB102 23293 RLC 35444 b

A BILL FOR

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1 AN ACT concerning firearms.

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

3 represented in the General Assembly:

4 Section 5. The Open Meetings Act is amended by changing

5 Section 2 as follows:

6 (5 ILCS 120/2) (from Ch. 102, par. 42)

7 Sec. 2. Open meetings.

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

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

10 closed in accordance with Section 2a.

11 (b) Construction of exceptions. The exceptions contained

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

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

14 are to be strictly construed, extending only to subjects

15 clearly within their scope. The exceptions authorize but do

16 not require the holding of a closed meeting to discuss a

17 subject included within an enumerated exception.

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

19 consider the following subjects:

20 (1) The appointment, employment, compensation,

21 discipline, performance, or dismissal of specific

22 employees, specific individuals who serve as independent

23 contractors in a park, recreational, or educational

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1 setting, or specific volunteers of the public body or

2 legal counsel for the public body, including hearing

3 testimony on a complaint lodged against an employee, a

4 specific individual who serves as an independent

5 contractor in a park, recreational, or educational

6 setting, or a volunteer of the public body or against

7 legal counsel for the public body to determine its

8 validity. However, a meeting to consider an increase in

9 compensation to a specific employee of a public body that

10 is subject to the Local Government Wage Increase

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

12 public and posted and held in accordance with this Act.

13 (2) Collective negotiating matters between the public

14 body and its employees or their representatives, or

15 deliberations concerning salary schedules for one or more

16 classes of employees.

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

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

19 office, when the public body is given power to appoint

20 under law or ordinance, or the discipline, performance or

21 removal of the occupant of a public office, when the

22 public body is given power to remove the occupant under

23 law or ordinance.

24 (4) Evidence or testimony presented in open hearing,

25 or in closed hearing where specifically authorized by law,

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

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1 provided that the body prepares and makes available for

2 public inspection a written decision setting forth its

3 determinative reasoning.

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

5 of the public body, including meetings held for the

6 purpose of discussing whether a particular parcel should

7 be acquired.

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

9 property owned by the public body.

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

11 or investment contracts. This exception shall not apply to

12 the investment of assets or income of funds deposited into

13 the Illinois Prepaid Tuition Trust Fund.

14 (8) Security procedures, school building safety and

15 security, and the use of personnel and equipment to

16 respond to an actual, a threatened, or a reasonably

17 potential danger to the safety of employees, students,

18 staff, the public, or public property.

19 (9) Student disciplinary cases.

20 (10) The placement of individual students in special

21 education programs and other matters relating to

22 individual students.

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

24 on behalf of the particular public body has been filed and

25 is pending before a court or administrative tribunal, or

26 when the public body finds that an action is probable or

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

2 recorded and entered into the minutes of the closed

3 meeting.

4 (12) The establishment of reserves or settlement of

5 claims as provided in the Local Governmental and

6 Governmental Employees Tort Immunity Act, if otherwise the

7 disposition of a claim or potential claim might be

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

9 risk management information, records, data, advice or

10 communications from or with respect to any insurer of the

11 public body or any intergovernmental risk management

12 association or self insurance pool of which the public

13 body is a member.

14 (13) Conciliation of complaints of discrimination in

15 the sale or rental of housing, when closed meetings are

16 authorized by the law or ordinance prescribing fair

17 housing practices and creating a commission or

18 administrative agency for their enforcement.

19 (14) Informant sources, the hiring or assignment of

20 undercover personnel or equipment, or ongoing, prior or

21 future criminal investigations, when discussed by a public

22 body with criminal investigatory responsibilities.

23 (15) Professional ethics or performance when

24 considered by an advisory body appointed to advise a

25 licensing or regulatory agency on matters germane to the

26 advisory body's field of competence.

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1 (16) Self evaluation, practices and procedures or

2 professional ethics, when meeting with a representative of

3 a statewide association of which the public body is a

4 member.

5 (17) The recruitment, credentialing, discipline or

6 formal peer review of physicians or other health care

7 professionals, or for the discussion of matters protected

8 under the federal Patient Safety and Quality Improvement

9 Act of 2005, and the regulations promulgated thereunder,

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

11 Health Insurance Portability and Accountability Act of

12 1996, and the regulations promulgated thereunder,

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

14 hospital, or other institution providing medical care,

15 that is operated by the public body.

16 (18) Deliberations for decisions of the Prisoner

17 Review Board.

18 (19) Review or discussion of applications received

19 under the Experimental Organ Transplantation Procedures

20 Act.

21 (20) The classification and discussion of matters

22 classified as confidential or continued confidential by

23 the State Government Suggestion Award Board.

24 (21) Discussion of minutes of meetings lawfully closed

25 under this Act, whether for purposes of approval by the

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

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1 as mandated by Section 2.06.

2 (22) Deliberations for decisions of the State

3 Emergency Medical Services Disciplinary Review Board.

4 (23) The operation by a municipality of a municipal

5 utility or the operation of a municipal power agency or

6 municipal natural gas agency when the discussion involves

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

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

9 conclusions of load forecast studies.

10 (24) Meetings of a residential health care facility

11 resident sexual assault and death review team or the

12 Executive Council under the Abuse Prevention Review Team

13 Act.

14 (25) Meetings of an independent team of experts under

15 Brian's Law.

16 (26) Meetings of a mortality review team appointed

17 under the Department of Juvenile Justice Mortality Review

18 Team Act.

19 (27) (Blank).

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

21 disclosed under Section 11-9 of the Illinois Public Aid

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

23 the Illinois Public Aid Code.

24 (29) Meetings between internal or external auditors

25 and governmental audit committees, finance committees, and

26 their equivalents, when the discussion involves internal

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1 control weaknesses, identification of potential fraud risk

2 areas, known or suspected frauds, and fraud interviews

3 conducted in accordance with generally accepted auditing

4 standards of the United States of America.

5 (30) Those meetings or portions of meetings of a

6 fatality review team or the Illinois Fatality Review Team

7 Advisory Council during which a review of the death of an

8 eligible adult in which abuse or neglect is suspected,

9 alleged, or substantiated is conducted pursuant to Section

10 15 of the Adult Protective Services Act.

11 (31) Meetings and deliberations for decisions of the

12 Firearms Safety ~~Concealed Carry Licensing~~ Review Board

13 under the Firearm Concealed Carry Act.

14 (32) Meetings between the Regional Transportation

15 Authority Board and its Service Boards when the discussion

16 involves review by the Regional Transportation Authority

17 Board of employment contracts under Section 28d of the

18 Metropolitan Transit Authority Act and Sections 3A.18 and

19 3B.26 of the Regional Transportation Authority Act.

20 (33) Those meetings or portions of meetings of the

21 advisory committee and peer review subcommittee created

22 under Section 320 of the Illinois Controlled Substances

23 Act during which specific controlled substance prescriber,

24 dispenser, or patient information is discussed.

25 (34) Meetings of the Tax Increment Financing Reform

26 Task Force under Section 2505-800 of the Department of

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1 Revenue Law of the Civil Administrative Code of Illinois.

2 (35) Meetings of the group established to discuss

3 Medicaid capitation rates under Section 5-30.8 of the

4 Illinois Public Aid Code.

5 (36) Those deliberations or portions of deliberations

6 for decisions of the Illinois Gaming Board in which there

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

8 commercial, financial, or other information obtained from

9 any source that is privileged, proprietary, confidential,

10 or a trade secret; or (ii) information specifically

11 exempted from the disclosure by federal or State law.

12 (37) Deliberations for decisions of the Illinois Law

13 Enforcement Training Standards Board, the Certification

14 Review Panel, and the Illinois State Police Merit Board

15 regarding certification and decertification.

16 (38) Meetings of the Ad Hoc Statewide Domestic

17 Violence Fatality Review Committee of the Illinois

18 Criminal Justice Information Authority Board that occur in

19 closed executive session under subsection (d) of Section

20 35 of the Domestic Violence Fatality Review Act.

21 (39) Meetings of the regional review teams under

22 subsection (a) of Section 75 of the Domestic Violence

23 Fatality Review Act.

24 (40) ~~(38)~~ Meetings of the Firearms Safety ~~Firearm~~

25 ~~Owner's Identification Card~~ Review Board under Section 10

26 of the Firearm Owners Identification Card Act.

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1 (d) Definitions. For purposes of this Section:

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

3 relationship with the public body constitutes an

4 employer-employee relationship under the usual common law

5 rules, and who is not an independent contractor.

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

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

8 charged with the exercise of some portion of the sovereign

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

10 members of the public body, but it shall not include

11 organizational positions filled by members thereof, whether

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

13 assist the body in the conduct of its business.

14 "Quasi-adjudicative body" means an administrative body

15 charged by law or ordinance with the responsibility to conduct

16 hearings, receive evidence or testimony and make

17 determinations based thereon, but does not include local

18 electoral boards when such bodies are considering petition

19 challenges.

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

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

22 the nature of the matter being considered and other

23 information that will inform the public of the business being

24 conducted.

25 (Source: P.A. 101-31, eff. 6-28-19; 101-459, eff. 8-23-19;

26 101-652, eff. 1-1-22; 102-237, eff. 1-1-22; 102-520, eff.

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1 8-20-21; 102-558, eff. 8-20-21; revised 10-6-21.)

2 Section 10. The Freedom of Information Act is amended by

3 changing Section 7.5 as follows:

4 (5 ILCS 140/7.5)

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

6 by the statutes referenced below, the following shall be

7 exempt from inspection and copying:

8 (a) All information determined to be confidential

9 under Section 4002 of the Technology Advancement and

10 Development Act.

11 (b) Library circulation and order records identifying

12 library users with specific materials under the Library

13 Records Confidentiality Act.

14 (c) Applications, related documents, and medical

15 records received by the Experimental Organ Transplantation

16 Procedures Board and any and all documents or other

17 records prepared by the Experimental Organ Transplantation

18 Procedures Board or its staff relating to applications it

19 has received.

20 (d) Information and records held by the Department of

21 Public Health and its authorized representatives relating

22 to known or suspected cases of sexually transmissible

23 disease or any information the disclosure of which is

24 restricted under the Illinois Sexually Transmissible

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1 Disease Control Act.

2 (e) Information the disclosure of which is exempted

3 under Section 30 of the Radon Industry Licensing Act.

4 (f) Firm performance evaluations under Section 55 of

5 the Architectural, Engineering, and Land Surveying

6 Qualifications Based Selection Act.

7 (g) Information the disclosure of which is restricted

8 and exempted under Section 50 of the Illinois Prepaid

9 Tuition Act.

10 (h) Information the disclosure of which is exempted

11 under the State Officials and Employees Ethics Act, and

12 records of any lawfully created State or local inspector

13 general's office that would be exempt if created or

14 obtained by an Executive Inspector General's office under

15 that Act.

16 (i) Information contained in a local emergency energy

17 plan submitted to a municipality in accordance with a

18 local emergency energy plan ordinance that is adopted

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

20 (j) Information and data concerning the distribution

21 of surcharge moneys collected and remitted by carriers

22 under the Emergency Telephone System Act.

23 (k) Law enforcement officer identification information

24 or driver identification information compiled by a law

25 enforcement agency or the Department of Transportation

26 under Section 11-212 of the Illinois Vehicle Code.

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1 (l) Records and information provided to a residential

2 health care facility resident sexual assault and death

3 review team or the Executive Council under the Abuse

4 Prevention Review Team Act.

5 (m) Information provided to the predatory lending

6 database created pursuant to Article 3 of the Residential

7 Real Property Disclosure Act, except to the extent

8 authorized under that Article.

9 (n) Defense budgets and petitions for certification of

10 compensation and expenses for court appointed trial

11 counsel as provided under Sections 10 and 15 of the

12 Capital Crimes Litigation Act. This subsection (n) shall

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

14 if the prosecution chooses not to pursue the death penalty

15 prior to trial or sentencing.

16 (o) Information that is prohibited from being

17 disclosed under Section 4 of the Illinois Health and

18 Hazardous Substances Registry Act.

19 (p) Security portions of system safety program plans,

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

21 information compiled, collected, or prepared by or for the

22 Department of Transportation under Sections 2705-300 and

23 2705-616 of the Department of Transportation Law of the

24 Civil Administrative Code of Illinois, the Regional

25 Transportation Authority under Section 2.11 of the

26 Regional Transportation Authority Act, or the St. Clair

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1 County Transit District under the Bi-State Transit Safety

2 Act.

3 (q) Information prohibited from being disclosed by the

4 Personnel Record Review Act.

5 (r) Information prohibited from being disclosed by the

6 Illinois School Student Records Act.

7 (s) Information the disclosure of which is restricted

8 under Section 5-108 of the Public Utilities Act.

9 (t) All identified or deidentified health information

10 in the form of health data or medical records contained

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

12 from the Illinois Health Information Exchange, and

13 identified or deidentified health information in the form

14 of health data and medical records of the Illinois Health

15 Information Exchange in the possession of the Illinois

16 Health Information Exchange Office due to its

17 administration of the Illinois Health Information

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

19 be given the same meaning as in the Health Insurance

20 Portability and Accountability Act of 1996, Public Law

21 104-191, or any subsequent amendments thereto, and any

22 regulations promulgated thereunder.

23 (u) Records and information provided to an independent

24 team of experts under the Developmental Disability and

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

26 (v) Names and information of people who have applied

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1 for or received Firearm Owner's Identification Cards under

2 the Firearm Owners Identification Card Act or applied for

3 or received a concealed carry license under the Firearm

4 Concealed Carry Act, unless otherwise authorized by the

5 Firearm Concealed Carry Act; and databases under the

6 Firearm Concealed Carry Act, records of the Firearms

7 Safety ~~Concealed Carry Licensing~~ Review Board under the

8 Firearm Concealed Carry Act, and law enforcement agency

9 objections under the Firearm Concealed Carry Act.

10 (v-5) Records of the Firearms Safety ~~Firearm Owner's~~

11 ~~Identification Card~~ Review Board that are exempted from

12 disclosure under Section 10 of the Firearm Owners

13 Identification Card Act.

14 (w) Personally identifiable information which is

15 exempted from disclosure under subsection (g) of Section

16 19.1 of the Toll Highway Act.

17 (x) Information which is exempted from disclosure

18 under Section 5-1014.3 of the Counties Code or Section

19 8-11-21 of the Illinois Municipal Code.

20 (y) Confidential information under the Adult

21 Protective Services Act and its predecessor enabling

22 statute, the Elder Abuse and Neglect Act, including

23 information about the identity and administrative finding

24 against any caregiver of a verified and substantiated

25 decision of abuse, neglect, or financial exploitation of

26 an eligible adult maintained in the Registry established

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1 under Section 7.5 of the Adult Protective Services Act.

2 (z) Records and information provided to a fatality

3 review team or the Illinois Fatality Review Team Advisory

4 Council under Section 15 of the Adult Protective Services

5 Act.

6 (aa) Information which is exempted from disclosure

7 under Section 2.37 of the Wildlife Code.

8 (bb) Information which is or was prohibited from

9 disclosure by the Juvenile Court Act of 1987.

10 (cc) Recordings made under the Law Enforcement

11 Officer-Worn Body Camera Act, except to the extent

12 authorized under that Act.

13 (dd) Information that is prohibited from being

14 disclosed under Section 45 of the Condominium and Common

15 Interest Community Ombudsperson Act.

16 (ee) Information that is exempted from disclosure

17 under Section 30.1 of the Pharmacy Practice Act.

18 (ff) Information that is exempted from disclosure

19 under the Revised Uniform Unclaimed Property Act.

20 (gg) Information that is prohibited from being

21 disclosed under Section 7-603.5 of the Illinois Vehicle

22 Code.

23 (hh) Records that are exempt from disclosure under

24 Section 1A-16.7 of the Election Code.

25 (ii) Information which is exempted from disclosure

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

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1 the Civil Administrative Code of Illinois.

2 (jj) Information and reports that are required to be

3 submitted to the Department of Labor by registering day

4 and temporary labor service agencies but are exempt from

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

6 and Temporary Labor Services Act.

7 (kk) Information prohibited from disclosure under the

8 Seizure and Forfeiture Reporting Act.

9 (ll) Information the disclosure of which is restricted

10 and exempted under Section 5-30.8 of the Illinois Public

11 Aid Code.

12 (mm) Records that are exempt from disclosure under

13 Section 4.2 of the Crime Victims Compensation Act.

14 (nn) Information that is exempt from disclosure under

15 Section 70 of the Higher Education Student Assistance Act.

16 (oo) Communications, notes, records, and reports

17 arising out of a peer support counseling session

18 prohibited from disclosure under the First Responders

19 Suicide Prevention Act.

20 (pp) Names and all identifying information relating to

21 an employee of an emergency services provider or law

22 enforcement agency under the First Responders Suicide

23 Prevention Act.

24 (qq) Information and records held by the Department of

25 Public Health and its authorized representatives collected

26 under the Reproductive Health Act.

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1 (rr) Information that is exempt from disclosure under

2 the Cannabis Regulation and Tax Act.

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

4 Human Rights pursuant to Section 2-108 of the Illinois

5 Human Rights Act.

6 (tt) Recordings made under the Children's Advocacy

7 Center Act, except to the extent authorized under that

8 Act.

9 (uu) Information that is exempt from disclosure under

10 Section 50 of the Sexual Assault Evidence Submission Act.

11 (vv) Information that is exempt from disclosure under

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

13 Public Aid Code.

14 (ww) Information that is exempt from disclosure under

15 Section 16.8 of the State Treasurer Act.

16 (xx) Information that is exempt from disclosure or

17 information that shall not be made public under the

18 Illinois Insurance Code.

19 (yy) Information prohibited from being disclosed under

20 the Illinois Educational Labor Relations Act.

21 (zz) Information prohibited from being disclosed under

22 the Illinois Public Labor Relations Act.

23 (aaa) Information prohibited from being disclosed

24 under Section 1-167 of the Illinois Pension Code.

25 (bbb) ~~(ccc)~~ Information that is prohibited from

26 disclosure by the Illinois Police Training Act and the

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1 Illinois State Police Act.

2 (ccc) ~~(ddd)~~ Records exempt from disclosure under

3 Section 2605-304 of theIllinois ~~Department of~~ State

4 Police Law of the Civil Administrative Code of Illinois.

5 (ddd) ~~(bbb)~~ Information prohibited from being

6 disclosed under Section 35 of the Address Confidentiality

7 for Victims of Domestic Violence, Sexual Assault, Human

8 Trafficking, or Stalking Act.

9 (eee) ~~(ddd)~~ Information prohibited from being

10 disclosed under subsection (b) of Section 75 of the

11 Domestic Violence Fatality Review Act.

12 (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;

13 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.

14 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,

15 eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;

16 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.

17 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,

18 eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;

19 102-559, eff. 8-20-21; revised 10-5-21.)

20 Section 15. The Illinois State Police Law of the Civil

21 Administrative Code of Illinois is amended by changing Section

22 2605-605 as follows:

23 (20 ILCS 2605/2605-605)

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

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1 Director of the Illinois State Police shall establish a

2 statewide multi-jurisdictional Violent Crime Intelligence Task

3 Force led by the Illinois State Police dedicated to combating

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

5 the primary mission of preservation of life and reducing the

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

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

8 preventing illegal possession and use of firearms,

9 firearm-related homicides, and other violent crimes, and

10 solving firearm-related crimes.

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

12 training, tools, and resources necessary to implement a

13 data-driven approach to policing, with an emphasis on

14 intelligence development.

15 (2) The Task Force may utilize information sharing,

16 partnerships, crime analysis, and evidence-based practices to

17 assist in the reduction of firearm-related shootings,

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

19 ballistic data, eTrace data, DNA evidence, latent

20 fingerprints, firearm training data, and National Integrated

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

22 design a model crime gun intelligence strategy which may

23 include, but is not limited to, comprehensive collection and

24 documentation of all ballistic evidence, timely transfer of

25 NIBIN and eTrace leads to an intelligence center, which may

26 include the Division of Criminal Investigation of the Illinois

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1 State Police, timely dissemination of intelligence to

2 investigators, investigative follow-up, and coordinated

3 prosecution.

4 (3) The Task Force may recognize and utilize best

5 practices of community policing and may develop potential

6 partnerships with faith-based and community organizations to

7 achieve its goals.

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

9 in drug-diversion programs and other community-based services

10 to redirect low-level offenders.

11 (5) The Task Force may assist in violence suppression

12 strategies including, but not limited to, details in

13 identified locations that have shown to be the most prone to

14 gun violence and violent crime, focused deterrence against

15 violent gangs and groups considered responsible for the

16 violence in communities, and other intelligence driven methods

17 deemed necessary to interrupt cycles of violence or prevent

18 retaliation.

19 (6) In consultation with the Chief Procurement Officer,

20 the Illinois State Police may obtain contracts for software,

21 commodities, resources, and equipment to assist the Task Force

22 with achieving this Act. Any contracts necessary to support

23 the delivery of necessary software, commodities, resources,

24 and equipment are not subject to the Illinois Procurement

25 Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and

26 Article 50 of that Code, provided that the Chief Procurement

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1 Officer may, in writing with justification, waive any

2 certification required under Article 50 of the Illinois

3 Procurement Code.

4 (7) The Task Force shall conduct enforcement operations

5 against persons whose Firearm Owner's Identification Cards

6 have been revoked or suspended and persons who fail to comply

7 with the requirements of Section 9.5 of the Firearm Owners

8 Identification Card Act, prioritizing individuals presenting a

9 clear and present danger to themselves or to others under

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

11 Owners Identification Card Act.

12 (8) The Task Force shall collaborate with local law

13 enforcement agencies to enforce provisions of the Firearm

14 Owners Identification Card Act, the Firearm Concealed Carry

15 Act, the Firearm Dealer License Certification Act, and Article

16 24 of the Criminal Code of 2012.

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

18 Illinois State Police may establish intergovernmental

19 agreements with law enforcement agencies in accordance with

20 the Intergovernmental Cooperation Act.

21 (10) Law enforcement agencies that participate in

22 activities described in paragraphs (7) through (9) are

23 eligible to receive ~~may apply to the Illinois State Police for~~

24 grants from the State Police Revocation Enforcement Fund

25 pursuant to intergovernmental contracts written and executed

26 in conformity with the Intergovernmental Cooperation Act. The

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1 Director shall determine a law enforcement agency's

2 eligibility to receive such grants under this Act and certify

3 to the Comptroller the amount of the grant to be made to each

4 designated law enforcement agency.

5 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

6 revised 10-4-21.)

7 Section 20. The State Finance Act is amended by

8 renumbering and changing Section 6z-127 as follows:

9 (30 ILCS 105/6z-127)

10 Sec. 6z-127 ~~6z-125~~. State Police Revocation Enforcement

11 Fund.

12 (a) The State Police Revocation Enforcement Fund is

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

14 is established to receive moneys from the Firearm Owners

15 Identification Card Act to enforce that Act, the Firearm

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

17 and other firearm offenses. The Fund may also receive revenue

18 from grants, donations, appropriations, and any other legal

19 source.

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

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

22 enforcement agencies, under intergovernmental contracts

23 written and executed in conformity with the Intergovernmental

24 Cooperation Act.

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

2 hire and train State Police officers and for the prevention of

3 violent crime.

4 (d) The State Police Revocation Enforcement Fund is not

5 subject to administrative chargebacks.

6 (e) Law enforcement agencies that participate in Firearm

7 Owner's Identification Card revocation enforcement in the

8 Violent Crime Intelligence Task Force are eligible to receive

9 ~~may apply for~~ grants from the Illinois State Police Revocation

10 Enforcement Fund pursuant to intergovernmental contracts

11 written and executed in conformity with the Intergovernmental

12 Cooperation Act.

13 (Source: P.A. 102-237, eff. 1-1-22; revised 11-9-21.)

14 Section 25. The Intergovernmental Drug Laws Enforcement

15 Act is amended by changing Section 3 as follows:

16 (30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)

17 Sec. 3. A Metropolitan Enforcement Group which meets the

18 minimum criteria established in this Section is eligible to

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

20 be eligible a MEG must:

21 (1) Be established and operating pursuant to

22 intergovernmental contracts written and executed in

23 conformity with the Intergovernmental Cooperation Act, and

24 involve 2 or more units of local government.

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1 (2) Establish a MEG Policy Board composed of an

2 elected official, or his designee, and the chief law

3 enforcement officer, or his designee, from each

4 participating unit of local government to oversee the

5 operations of the MEG and make such reports to the

6 Illinois State Police as the Illinois State Police may

7 require.

8 (3) Designate a single appropriate elected official of

9 a participating unit of local government to act as the

10 financial officer of the MEG for all participating units

11 of local government and to receive funds for the operation

12 of the MEG.

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

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

15 24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1, 24-2.2, 24-3,

16 24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8,

17 24-3.9, 24-3A, 24-3B, 24-4, and 24-5 of the Criminal Code

18 of 2012; Sections 2, 3, 6.1, 9.5, and 14 of the Firearm

19 Owners Identification Card Act; and the investigation of

20 streetgang related offenses.

21 (5) Cooperate with the Illinois State Police in order

22 to assure compliance with this Act and to enable the

23 Illinois State Police to fulfill its duties under this

24 Act, and supply the Illinois State Police with all

25 information the Illinois State Police deems necessary

26 therefor.

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

2 operating budget of the MEG from the participating units

3 of local government.

4 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

5 revised 10-6-21.)

6 Section 30. The Firearm Owners Identification Card Act is

7 amended by changing Sections 1.1, 5, 10, and 11 as follows:

8 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)

9 Sec. 1.1. For purposes of this Act:

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

11 (1) convicted of an offense involving the use or

12 possession of cannabis, a controlled substance, or

13 methamphetamine within the past year; or

14 (2) determined by the Illinois State Police to be

15 addicted to narcotics based upon federal law or federal

16 guidelines.

17 "Addicted to narcotics" does not include possession or use

18 of a prescribed controlled substance under the direction and

19 authority of a physician or other person authorized to

20 prescribe the controlled substance when the controlled

21 substance is used in the prescribed manner.

22 "Adjudicated as a person with a mental disability" means

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

24 commission or other lawful authority that the person, as a

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1 result of marked subnormal intelligence, or mental illness,

2 mental impairment, incompetency, condition, or disease:

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

4 herself, or to others;

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

6 affairs or is adjudicated a person with a disability as

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

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

9 insanity, mental disease or defect;

10 (3.5) is guilty but mentally ill, as provided in

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

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

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

14 responsibility under Articles 50a and 72b of the Uniform

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

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

17 of Section 5 of the Sexually Violent Persons Commitment

18 Act;

19 (7) is a sexually dangerous person under the Sexually

20 Dangerous Persons Act;

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

22 Act of 1987;

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

24 Juvenile Court Act of 1987;

25 (10) is subject to involuntary admission as an

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

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1 and Developmental Disabilities Code;

2 (11) is subject to involuntary admission as an

3 outpatient as defined in Section 1-119.1 of the Mental

4 Health and Developmental Disabilities Code;

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

6 Section 4-500 of the Mental Health and Developmental

7 Disabilities Code; or

8 (13) is subject to the provisions of the Interstate

9 Agreements on Sexually Dangerous Persons Act.

10 "Board" means the Firearms Safety Review Board.

11 "Clear and present danger" means a person who:

12 (1) communicates a serious threat of physical violence

13 against a reasonably identifiable victim or poses a clear

14 and imminent risk of serious physical injury to himself,

15 herself, or another person as determined by a physician,

16 clinical psychologist, or qualified examiner; or

17 (2) demonstrates threatening physical or verbal

18 behavior, such as violent, suicidal, or assaultive

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

20 physician, clinical psychologist, qualified examiner,

21 school administrator, or law enforcement official.

22 "Clinical psychologist" has the meaning provided in

23 Section 1-103 of the Mental Health and Developmental

24 Disabilities Code.

25 "Controlled substance" means a controlled substance or

26 controlled substance analog as defined in the Illinois

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1 Controlled Substances Act.

2 "Counterfeit" means to copy or imitate, without legal

3 authority, with intent to deceive.

4 "Federally licensed firearm dealer" means a person who is

5 licensed as a federal firearms dealer under Section 923 of the

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

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

8 is designed to expel a projectile or projectiles by the action

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

10 however:

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

12 B-B gun which expels a single globular projectile not

13 exceeding .18 inch in diameter or which has a maximum

14 muzzle velocity of less than 700 feet per second;

15 (1.1) any pneumatic gun, spring gun, paint ball gun,

16 or B-B gun which expels breakable paint balls containing

17 washable marking colors;

18 (2) any device used exclusively for signaling or

19 safety and required or recommended by the United States

20 Coast Guard or the Interstate Commerce Commission;

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

22 cartridges, explosive rivets or similar industrial

23 ammunition; and

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

25 which, although designed as a weapon, the Illinois State

26 Police finds by reason of the date of its manufacture,

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1 value, design, and other characteristics is primarily a

2 collector's item and is not likely to be used as a weapon.

3 "Firearm ammunition" means any self-contained cartridge or

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

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

6 (1) any ammunition exclusively designed for use with a

7 device used exclusively forsignaling ~~signalling~~ or safety

8 and required or recommended by the United States Coast

9 Guard or the Interstate Commerce Commission; and

10 (2) any ammunition designed exclusively for use with a

11 stud or rivet driver or other similar industrial

12 ammunition.

13 "Gun show" means an event or function:

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

15 regular and normal course of business and where 50 or more

16 firearms are displayed, offered, or exhibited for sale,

17 transfer, or exchange; or

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

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

20 exchange firearms.

21 "Gun show" includes the entire premises provided for an

22 event or function, including parking areas for the event or

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

24 transfer, or exchange of firearms as described in this

25 Section. Nothing in this definition shall be construed to

26 exclude a gun show held in conjunction with competitive

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1 shooting events at the World Shooting Complex sanctioned by a

2 national governing body in which the sale or transfer of

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

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

5 Unless otherwise expressly stated, "gun show" does not

6 include training or safety classes, competitive shooting

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

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

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

10 not the primary course of business.

11 "Gun show promoter" means a person who organizes or

12 operates a gun show.

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

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

15 show, regardless of whether the person arranges with a gun

16 show promoter for a fixed location from which to exhibit,

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

18 "Involuntarily admitted" has the meaning as prescribed in

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

20 Developmental Disabilities Code.

21 "Mental health facility" means any licensed private

22 hospital or hospital affiliate, institution, or facility, or

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

24 the State or a political subdivision thereof which provides

25 ~~provide~~ treatment of persons with mental illness and includes

26 all hospitals, institutions, clinics, evaluation facilities,

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

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

3 treatment of persons with mental illness whether or not the

4 primary purpose is to provide treatment of persons with mental

5 illness.

6 "National governing body" means a group of persons who

7 adopt rules and formulate policy on behalf of a national

8 firearm sporting organization.

9 "Patient" means:

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

11 resident of a public or private mental health facility for

12 mental health treatment under Chapter III of the Mental

13 Health and Developmental Disabilities Code as an informal

14 admission, a voluntary admission, a minor admission, an

15 emergency admission, or an involuntary admission, unless

16 the treatment was solely for an alcohol abuse disorder; or

17 (2) a person who voluntarily or involuntarily receives

18 mental health treatment as an out-patient or is otherwise

19 provided services by a public or private mental health

20 facility~~,~~ and who poses a clear and present danger to

21 himself, herself, or ~~to~~ others.

22 "Person with a developmental disability" means a person

23 with a disability which is attributable to any other condition

24 which results in impairment similar to that caused by an

25 intellectual disability and which requires services similar to

26 those required by persons with intellectual disabilities. The

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1 disability must originate before the age of 18 years, be

2 expected to continue indefinitely, and constitute a

3 substantial disability. This disability results, in the

4 professional opinion of a physician, clinical psychologist, or

5 qualified examiner, in significant functional limitations in 3

6 or more of the following areas of major life activity:

7 (i) self-care;

8 (ii) receptive and expressive language;

9 (iii) learning;

10 (iv) mobility; or

11 (v) self-direction.

12 "Person with an intellectual disability" means a person

13 with a significantly subaverage general intellectual

14 functioning which exists concurrently with impairment in

15 adaptive behavior and which originates before the age of 18

16 years.

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

18 the Mental Health and Developmental Disabilities Code.

19 "Protective order" means any orders of protection issued

20 under the Illinois Domestic Violence Act of 1986, stalking no

21 contact orders issued under the Stalking No Contact Order Act,

22 civil no contact orders issued under the Civil No Contact

23 Order Act, and firearms restraining orders issued under the

24 Firearms Restraining Order Act.

25 "Qualified examiner" has the meaning provided in Section

26 1-122 of the Mental Health and Developmental Disabilities

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1 Code.

2 "Sanctioned competitive shooting event" means a shooting

3 contest officially recognized by a national or state shooting

4 sport association, and includes any sight-in or practice

5 conducted in conjunction with the event.

6 "School administrator" means the person required to report

7 under the School Administrator Reporting of Mental Health

8 Clear and Present Danger Determinations Law.

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

10 Section 24-1 of the Criminal Code of 2012.

11 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

12 revised 10-6-21.)

13 (430 ILCS 65/5) (from Ch. 38, par. 83-5)

14 Sec. 5. Application and renewal.

15 (a) The Illinois State Police shall either approve or deny

16 all applications within 30 days from the date they are

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

18 every applicant found qualified under Section 8 of this Act by

19 the Illinois State Police ~~Department~~ shall be entitled to a

20 Firearm Owner's Identification Card upon the payment of a $10

21 fee and applicable processing fees. The processing fees shall

22 be limited to charges by the State Treasurer for using the

23 electronic online payment system. Any applicant who is an

24 active duty member of the Armed Forces of the United States, a

25 member of the Illinois National Guard, or a member of the

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1 Reserve Forces of the United States is exempt from the

2 application fee. $5 of each fee derived from the issuance of a

3 Firearm Owner's Identification Card or renewals,~~ thereof~~,

4 shall be deposited in the State Police Firearm Services Fund

5 and $5 into the State Police Revocation Enforcement Fund.

6 (b) Renewal applications shall be approved or denied

7 within 60 business days, provided the applicant submitted his

8 or her renewal application prior to the expiration of his or

9 her Firearm Owner's Identification Card. If a renewal

10 application has been submitted prior to the expiration date of

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

12 Firearm Owner's Identification Card shall remain valid while

13 the Illinois State Police ~~Department~~ processes the

14 application, unless the person is subject to or becomes

15 subject to revocation under this Act. The cost for a renewal

16 application shall be $10~~,~~ and may include applicable

17 processing fees, which shall be limited to charges by the

18 State Treasurer for using the electronic online payment

19 system, which shall be deposited into the State Police Firearm

20 Services Fund.

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

22 licensee under the Firearm Concealed Carry Act expires during

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

24 Firearm Owner's Identification Card and the license remain

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

26 Firearm Owner's Identification Card during the duration of the

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1 concealed carry license. Unless the Illinois State Police has

2 reason to believe the licensee is no longer eligible for the

3 card, the Illinois State Police may automatically renew the

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

5 renewed Firearm Owner's Identification Card to the licensee.

6 (d) The Illinois State Police may adopt rules concerning

7 the use of voluntarily submitted fingerprints, as allowed by

8 State and federal law.

9 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

10 revised 10-13-21.)

11 (430 ILCS 65/10) (from Ch. 38, par. 83-10)

12 Sec. 10. Appeals; hearing; relief from firearm

13 prohibitions.

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

15 Identification Card is denied or whenever such a Card is

16 revoked or seized as provided for in Section 8 of this Act, the

17 aggrieved party may (1) file a record challenge with the

18 Director regarding the record upon which the decision to deny

19 or revoke the Firearm Owner's Identification Card was based

20 under subsection (a-5); or (2) appeal to the Director of the

21 Illinois State Police through December 31, 2022, or beginning

22 January 1, 2023, the ~~Firearm Owner's Identification Card~~

23 ~~Review~~Board for a hearing seeking relief from such denial or

24 revocation unless the denial or revocation was based upon a

25 forcible felony, stalking, aggravated stalking, domestic

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1 battery, any violation of the Illinois Controlled Substances

2 Act, the Methamphetamine Control and Community Protection Act,

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

4 greater felony, any felony violation of Article 24 of the

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

6 adjudication as a delinquent minor for the commission of an

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

8 which case the aggrieved party may petition the circuit court

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

10 seeking relief from such denial or revocation.

11 (a-5) There is created a Firearms Safety Review ~~Firearm~~

12 ~~Owner's Identification Card Review~~ Board within the Illinois

13 State Police to consider any appeal under subsection (a)

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

15 the circuit court and except when the applicant is challenging

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

17 as provided in subsection (a-10). The Board shall also assume

18 all duties, powers, rights, and responsibilities of the former

19 Concealed Carry Licensing Review Board under the Firearm

20 Concealed Carry Act, including but not limited to, the

21 consideration of any objections submitted under Section 15 of

22 the Firearm Concealed Carry Act.

23 (0.05) In furtherance of the policy of this Act that

24 the Board shall exercise its powers and duties in an

25 independent manner, subject to the provisions of this Act

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

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1 other agency or department of State government. All

2 expenses and liabilities incurred by the Board in the

3 performance of its responsibilities hereunder shall be

4 paid from funds which shall be appropriated to the

5 Illinois State Police ~~Board~~ by the General Assembly for

6 the ordinary and contingent expenses of the Board.

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

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

9 with 3 members residing within the First Judicial District

10 and one member residing within each of the 4 remaining

11 Judicial Districts. No more than 4 members shall be

12 members of the same political party. The Governor shall

13 designate one member as the chairperson. The Board shall

14 consist of:

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

16 a federal or State judge;

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

18 serving as an attorney with the United States

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

20 Assistant State's Attorney;

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

22 serving as a State or federal public defender or

23 assistant public defender;

24 (D) three members with at least 5 years of

25 experience as a federal, State, or local law

26 enforcement agent or as an employee with investigative

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1 experience or duties related to criminal justice under

2 the United States Department of Justice, Drug

3 Enforcement Administration, Department of Homeland

4 Security, Federal Bureau of Investigation, or a State

5 or local law enforcement agency; and

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

7 as a licensed physician or clinical psychologist with

8 expertise in the diagnosis and treatment of mental

9 illness.

10 (2) The terms of the members initially appointed after

11 January 1, 2022 (the effective date of Public Act 102-237)

12 ~~this amendatory Act of the 102nd General Assembly~~ shall be

13 as follows: one of the initial members shall be appointed

14 for a term of one year, 3 shall be appointed for terms of 2

15 years, and 3 shall be appointed for terms of 4 years.

16 Thereafter, members shall hold office for 4 years, with

17 terms expiring on the second Monday in January immediately

18 following the expiration of their terms and every 4 years

19 thereafter. Members may be reappointed. Vacancies in the

20 office of member shall be filled in the same manner as the

21 original appointment, for the remainder of the unexpired

22 term. The Governor may remove a member for incompetence,

23 neglect of duty, malfeasance, or inability to serve.

24 Members shall receive compensation in an amount equal to

25 the compensation of members of the Executive Ethics

26 Commission and may be reimbursed, from funds appropriated

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1 for such a purpose, for reasonable expenses actually

2 incurred in the performance of their Board duties. The

3 Illinois State Police shall designate an employee to serve

4 as Executive Director of the Board and provide logistical

5 and administrative assistance to the Board.

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

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

8 consider appeals of decisions made with respect to

9 applications for a Firearm Owner's Identification Card

10 under this Act. If necessary to ensure the participation

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

12 in a Board meeting by electronic communication. Any member

13 participating electronically shall be deemed present for

14 purposes of establishing a quorum and voting.

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

16 appeals and the conduct of hearings. The Board shall

17 maintain a record of its decisions and all materials

18 considered in making its decisions. All Board decisions

19 and voting records shall be kept confidential and all

20 materials considered by the Board shall be exempt from

21 inspection except upon order of a court.

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

23 the materials received concerning the denial or revocation

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

25 members, the Board may request additional information from

26 the Illinois State Police or the applicant or the

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1 testimony of the Illinois State Police or the applicant.

2 The Board may request ~~require~~ that the applicant submit

3 electronic fingerprints to the Illinois State Police for

4 an updated background check if the Board determines it

5 lacks sufficient information to determine eligibility. The

6 Board may consider information submitted by the Illinois

7 State Police, a law enforcement agency, or the applicant.

8 The Board shall review each denial or revocation and

9 determine by a majority of members whether an applicant

10 should be granted relief under subsection (c).

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

12 The Board shall issue a decision within 45 days of

13 receiving all completed appeal documents from the Illinois

14 State Police and the applicant. However, the Board need

15 not issue a decision within 45 days if:

16 (A) the Board requests information from the

17 applicant, including, but not limited to, electronic

18 fingerprints to be submitted to the Illinois State

19 Police, in accordance with paragraph (5) of this

20 subsection, in which case the Board shall make a

21 decision within 30 days of receipt of the required

22 information from the applicant;

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

24 Board additional time to consider an appeal; or

25 (C) the Board notifies the applicant and the

26 Illinois State Police that the Board needs an

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1 additional 30 days to issue a decision. The Board may

2 only issue 2 extensions under this subparagraph (C).

3 The Board's notification to the applicant and the

4 Illinois State Police shall include an explanation for

5 the extension.

6 (7) If the Board determines that the applicant is

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

8 notify the applicant and the Illinois State Police that

9 relief has been granted and the Illinois State Police

10 shall issue the Card.

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

12 Open Meetings Act and records of the Board shall not be

13 subject to the Freedom of Information Act.

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

15 the General Assembly on the number of appeals received and

16 provide details of the circumstances in which the Board

17 has determined to deny Firearm Owner's Identification

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

19 contain any identifying information about the applicants.

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

21 relief from a firearms prohibition under subsection (c) but

22 rather does not believe the applicant is appropriately denied

23 or revoked and is challenging the record upon which the

24 decision to deny or revoke the Firearm Owner's Identification

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

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

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1 applicant shall file such challenge with the Director. The

2 Director shall render a decision within 60 business days of

3 receipt of all information supporting the challenge. The

4 Illinois State Police shall adopt rules for the review of a

5 record challenge.

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

7 court, the petitioner shall serve the relevant State's

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

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

10 the court shall determine whether substantial justice has been

11 done. Should the court determine that substantial justice has

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

13 Illinois State Police to issue a Card. However, the court

14 shall not issue the order if the petitioner is otherwise

15 prohibited from obtaining, possessing, or using a firearm

16 under federal law.

17 (c) Any person prohibited from possessing a firearm under

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

19 acquiring a Firearm Owner's Identification Card under Section

20 8 of this Act may apply to the~~Firearm Owner's Identification~~

21 ~~Card Review~~ Board ~~the Illinois~~or petition the circuit court

22 in the county where the petitioner resides, whichever is

23 applicable in accordance with subsection (a) of this Section,

24 requesting relief from such prohibition and the Board or court

25 may grant such relief if it is established by the applicant to

26 the court's or the Board's satisfaction that:

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1 (0.05) when in the circuit court, the State's Attorney

2 has been served with a written copy of the petition at

3 least 30 days before any such hearing in the circuit court

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

5 opportunity to present evidence and object to the

6 petition;

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

8 felony under the laws of this State or any other

9 jurisdiction within 20 years of the applicant's

10 application for a Firearm Owner's Identification Card, or

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

12 of imprisonment imposed in relation to that conviction;

13 (2) the circumstances regarding a criminal conviction,

14 where applicable, the applicant's criminal history and his

15 reputation are such that the applicant will not be likely

16 to act in a manner dangerous to public safety;

17 (3) granting relief would not be contrary to the

18 public interest; and

19 (4) granting relief would not be contrary to federal

20 law.

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

22 unit of government or a Department of Corrections employee

23 authorized to possess firearms who is denied, revoked, or has

24 his or her Firearm Owner's Identification Card seized under

25 subsection (e) of Section 8 of this Act may apply to the

26 ~~Firearm Owner's Identification Card Review~~ Board ~~the Illinois~~

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1 requesting relief if the officer or employee did not act in a

2 manner threatening to the officer or employee, another person,

3 or the public as determined by the treating clinical

4 psychologist or physician, and as a result of his or her work

5 is referred by the employer for or voluntarily seeks mental

6 health evaluation or treatment by a licensed clinical

7 psychologist, psychiatrist, or qualified examiner, and:

8 (A) the officer or employee has not received treatment

9 involuntarily at a mental health facility, regardless of

10 the length of admission; or has not been voluntarily

11 admitted to a mental health facility for more than 30 days

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

13 and

14 (B) the officer or employee has not left the mental

15 institution against medical advice.

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

17 ~~the Illinois~~ shall grant expedited relief to active law

18 enforcement officers and employees described in paragraph (1)

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

20 that the officer's or employee's possession of a firearm does

21 not present a threat to themselves, others, or public safety.

22 The Board shall act on the request for relief within 30

23 business days of receipt of:

24 (A) a notarized statement from the officer or employee

25 in the form prescribed by the Board detailing the

26 circumstances that led to the hospitalization;

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1 (B) all documentation regarding the admission,

2 evaluation, treatment and discharge from the treating

3 licensed clinical psychologist or psychiatrist of the

4 officer;

5 (C) a psychological fitness for duty evaluation of the

6 person completed after the time of discharge; and

7 (D) written confirmation in the form prescribed by the

8 Board from the treating licensed clinical psychologist or

9 psychiatrist that the provisions set forth in paragraph

10 (1) of this subsection (c-5) have been met, the person

11 successfully completed treatment, and their professional

12 opinion regarding the person's ability to possess

13 firearms.

14 (3) Officers and employees eligible for the expedited

15 relief in paragraph (2) of this subsection (c-5) have the

16 burden of proof on eligibility and must provide all

17 information required. The Board may not consider granting

18 expedited relief until the proof and information is received.

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

20 "qualified examiner" shall have the same meaning as provided

21 in Chapter I of the Mental Health and Developmental

22 Disabilities Code.

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

24 his or her Firearm Owner's Identification Card seized under

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

26 determination of a developmental disability or an intellectual

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1 disability may apply to the ~~Firearm Owner's Identification~~

2 ~~Card Review~~ Board ~~the Illinois~~ requesting relief.

3 (2) The Board shall act on the request for relief within 60

4 business days of receipt of written certification, in the form

5 prescribed by the Board, from a physician or clinical

6 psychologist, or qualified examiner, that the aggrieved

7 party's developmental disability or intellectual disability

8 condition is determined by a physician, clinical psychologist,

9 or qualified to be mild. If a fact-finding conference is

10 scheduled to obtain additional information concerning the

11 circumstances of the denial or revocation, the 60 business

12 days the Director has to act shall be tolled until the

13 completion of the fact-finding conference.

14 (3) The Board may grant relief if the aggrieved party's

15 developmental disability or intellectual disability is mild as

16 determined by a physician, clinical psychologist, or qualified

17 examiner and it is established by the applicant to the Board's

18 satisfaction that:

19 (A) granting relief would not be contrary to the

20 public interest; and

21 (B) granting relief would not be contrary to federal

22 law.

23 (4) The Board may not grant relief if the condition is

24 determined by a physician, clinical psychologist, or qualified

25 examiner to be moderate, severe, or profound.

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

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1 apply to requests for relief pending on or before July 10, 2015

2 (the effective date of Public Act 99-29), except that the

3 60-day period for the Director to act on requests pending

4 before the effective date shall begin on July 10, 2015 (the

5 effective date of Public Act 99-29). All appeals as provided

6 in subsection (a-5)~~,~~ pending on January 1, 2023~~,~~ shall be

7 considered by the Board.

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

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

10 shall notify the Illinois State Police.

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

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

13 person who has been adjudicated delinquent for an offense that

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

15 for relief has been filed at least 10 years after the

16 adjudication of delinquency and the court determines that the

17 applicant should be granted relief from disability to obtain a

18 Firearm Owner's Identification Card. If the court grants

19 relief, the court shall notify the Illinois State Police that

20 the disability has been removed and that the applicant is

21 eligible to obtain a Firearm Owner's Identification Card.

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

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

24 of 1968 because of an adjudication or commitment that occurred

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

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

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1 Section 8 of this Act may apply to the Illinois State Police

2 requesting relief from that prohibition. The Board shall grant

3 the relief if it is established by a preponderance of the

4 evidence that the person will not be likely to act in a manner

5 dangerous to public safety and that granting relief would not

6 be contrary to the public interest. In making this

7 determination, the Board shall receive evidence concerning (i)

8 the circumstances regarding the firearms disabilities from

9 which relief is sought; (ii) the petitioner's mental health

10 and criminal history records, if any; (iii) the petitioner's

11 reputation, developed at a minimum through character witness

12 statements, testimony, or other character evidence; and (iv)

13 changes in the petitioner's condition or circumstances since

14 the disqualifying events relevant to the relief sought. If

15 relief is granted under this subsection or by order of a court

16 under this Section, the Director shall as soon as practicable

17 but in no case later than 15 business days, update, correct,

18 modify, or remove the person's record in any database that the

19 Illinois State Police makes available to the National Instant

20 Criminal Background Check System and notify the United States

21 Attorney General that the basis for the record being made

22 available no longer applies. The Illinois State Police shall

23 adopt rules for the administration of this Section.

24 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

25 102-645, eff. 1-1-22; revised 10-15-21.)

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1 (430 ILCS 65/11) (from Ch. 38, par. 83-11)

2 Sec. 11. Judicial review of final administrative

3 decisions.

4 (a) All final administrative decisions of the ~~Firearm~~

5 ~~Owner's Identification Card Review~~Board under this Act,

6 except final administrative decisions of the ~~Firearm Owner's~~

7 ~~Identification Card Review~~ Board ~~the Illinois~~ to deny a

8 person's application for relief under subsection (f) of

9 Section 10 of this Act, shall be subject to judicial review

10 under the provisions of the Administrative Review Law, and all

11 amendments and modifications thereof, and the rules adopted

12 pursuant thereto. The term "administrative decision" is

13 defined as in Section 3-101 of the Code of Civil Procedure.

14 (b) Any final administrative decision by the ~~Firearm~~

15 ~~Owner's Identification Card Review~~ Board ~~the Illinois~~ to deny

16 a person's application for relief under subsection (f) of

17 Section 10 of this Act is subject to de novo judicial review by

18 the circuit court, and any party may offer evidence that is

19 otherwise proper and admissible without regard to whether that

20 evidence is part of the administrative record.

21 (c) The Illinois State Police shall submit a report to the

22 General Assembly on or before March 1, 2023 and the ~~Firearm~~

23 ~~Owner's Identification Card Review~~ Board ~~the Illinois~~ shall

24 submit a report to the General Assembly onor before March 1 of

25 each year, beginning March 1, 2024 ~~1991~~, listing all final

26 decisions by a court of this State upholding, reversing, or

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1 reversing in part any administrative decision made by the

2 Illinois State Police or the Board.

3 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

4 revised 11-2-21.)

5 Section 35. The Firearm Concealed Carry Act is amended by

6 changing Sections 5, 10, 20, 60, 66, and 87 as follows:

7 (430 ILCS 66/5)

8 Sec. 5. Definitions. As used in this Act:

9 "Applicant" means a person who is applying for a license

10 to carry a concealed firearm under this Act.

11 "Board" means the Firearms Safety Review Board ~~Concealed~~

12 ~~Carry Licensing Review Board~~.

13 "Concealed firearm" means a loaded or unloaded handgun

14 carried on or about a person completely or mostly concealed

15 from view of the public or on or about a person within a

16 vehicle.

17 "Director" means the Director of the Illinois State

18 Police.

19 "Handgun" means any device which is designed to expel a

20 projectile or projectiles by the action of an explosion,

21 expansion of gas, or escape of gas that is designed to be held

22 and fired by the use of a single hand. "Handgun" does not

23 include:

24 (1) a stun gun or taser;

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1 (2) a machine gun as defined in item (i) of paragraph

2 (7) of subsection (a) of Section 24-1 of the Criminal Code

3 of 2012;

4 (3) a short-barreled rifle or shotgun as defined in

5 item (ii) of paragraph (7) of subsection (a) of Section

6 24-1 of the Criminal Code of 2012; or

7 (4) any pneumatic gun, spring gun, paint ball gun, or

8 B-B gun which expels a single globular projectile not

9 exceeding .18 inch in diameter, or which has a maximum

10 muzzle velocity of less than 700 feet per second, or which

11 expels breakable paint balls containing washable marking

12 colors.

13 "Law enforcement agency" means any federal, State, or

14 local law enforcement agency, including offices of State's

15 Attorneys and the Office of the Attorney General.

16 "License" means a license issued by the Illinois State

17 Police to carry a concealed handgun.

18 "Licensee" means a person issued a license to carry a

19 concealed handgun.

20 "Municipality" has the meaning ascribed to it in Section 1

21 of Article VII of the Illinois Constitution.

22 "Unit of local government" has the meaning ascribed to it

23 in Section 1 of Article VII of the Illinois Constitution.

24 (Source: P.A. 102-538, eff. 8-20-21.)

25 (430 ILCS 66/10)

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1 Sec. 10. Issuance of licenses to carry a concealed

2 firearm.

3 (a) The Illinois State Police shall issue a license to

4 carry a concealed firearm under this Act to an applicant who:

5 (1) meets the qualifications of Section 25 of this

6 Act;

7 (2) has provided the application and documentation

8 required in Section 30 of this Act;

9 (3) has submitted the requisite fees; and

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

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

12 ~~Concealed Carry Licensing Review~~ Board in accordance with

13 Section 20.

14 (b) The Illinois State Police shall issue a renewal,

15 corrected, or duplicate license as provided in this Act.

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

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

18 permit the licensee to:

19 (1) carry a loaded or unloaded concealed firearm,

20 fully concealed or partially concealed, on or about his or

21 her person; and

22 (2) keep or carry a loaded or unloaded concealed

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

24 (d) The Illinois State Police shall make applications for

25 a license available no later than 180 days after July 9, 2013

26 (the effective date of this Act). The Illinois State Police

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1 shall establish rules for the availability and submission of

2 applications in accordance with this Act.

3 (e) An application for a license submitted to the Illinois

4 State Police that contains all the information and materials

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

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

7 later than 90 days after receipt of a completed application,

8 the Illinois State Police shall issue or deny the applicant a

9 license. The Illinois State Police shall notify the applicant

10 for a concealed carry license~~,~~ electronically~~,~~ to confirm if

11 all the required information and materials have been received.

12 If an applicant for a concealed carry license submits his or

13 her application electronically, the Illinois State Police

14 shall notify the applicant electronically if his or her

15 application is missing information or materials.

16 (f) The Illinois State Police shall deny the applicant a

17 license if the applicant fails to meet the requirements under

18 this Act or the Illinois State Police receives a determination

19 from the Board that the applicant is ineligible for a license.

20 The Illinois State Police must notify the applicant stating

21 the grounds for the denial. The notice of denial must inform

22 the applicant of his or her right to an appeal through

23 administrative and judicial review.

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

25 licensee carries a concealed firearm except:

26 (1) when the licensee is carrying or possessing a

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

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

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

4 invitee with that person's permission;

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

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

7 subsection (a-5) of that Section; or

8 (3) when the handgun is broken down in a

9 non-functioning state, is not immediately accessible, or

10 is unloaded and enclosed in a case.

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

12 investigative stop, including, but not limited to, a traffic

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

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

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

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

17 concealed firearm under this Act, or present the license upon

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

19 present upon the request of the officer evidence under

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

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

22 subsection. The disclosure requirement under this subsection

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

24 the officer or the non-resident presents to the officer

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

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

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

2 non-resident shall also identify the location of the concealed

3 firearm and permit the officer to safely secure the firearm

4 for the duration of the investigative stop. During a traffic

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

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

7 this Act must comply with the requirements of this subsection

8 (h).

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

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

11 Section 40 of this Act is contacted by a law enforcement

12 officer or emergency services personnel, the law enforcement

13 officer or emergency services personnel may secure the firearm

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

15 if the law enforcement officer or emergency services personnel

16 determines that it is necessary for the safety of any person

17 present, including the law enforcement officer or emergency

18 services personnel. The licensee or nonresident shall submit

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

20 officer or emergency services personnel have determined that

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

22 any person present, including the law enforcement officer or

23 emergency services personnel, and if the licensee or

24 non-resident is physically and mentally capable of possessing

25 the firearm, the law enforcement officer or emergency services

26 personnel shall return the firearm to the licensee or

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

2 breaking contact. If the licensee or non-resident is

3 transported for treatment to another location, the firearm

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

5 shall provide a receipt which includes the make, model,

6 caliber, and serial number of the firearm.

7 (i) The Illinois State Police shall maintain a database of

8 license applicants and licensees. The database shall be

9 available to all federal, State, and local law enforcement

10 agencies, State's Attorneys, the Attorney General, and

11 authorized court personnel. Within 180 days after July 9, 2013

12 (the effective date of this Act), the database shall be

13 searchable and provide all information included in the

14 application, including the applicant's previous addresses

15 within the 10 years prior to the license application and any

16 information related to violations of this Act. No law

17 enforcement agency, State's Attorney, Attorney General, or

18 member or staff of the judiciary shall provide any information

19 to a requester who is not entitled to it by law.

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

21 application, the Illinois State Police shall enter the

22 relevant information about the applicant into the database

23 under subsection (i) of this Section which is accessible by

24 law enforcement agencies.

25 (k) The Illinois State Police shall continuously monitor

26 relevant State and federal databases for firearms prohibitors

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1 as allowed by State and federal law and correlate those

2 records with concealed carry license holders to ensure

3 compliance with this Act, or State and federal law. The

4 Illinois State Police may adopt rules to implement this

5 subsection.

6 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

7 revised 10-13-21.)

8 (430 ILCS 66/20)

9 Sec. 20. Concealed Carry Licensing Review Board.

10 (a) On January 1, 2023, the Concealed Carry Licensing

11 Review Board created under this Section is abolished and the

12 terms of all commissioners then serving are ended. The duties,

13 powers, rights, and responsibilities of the former Concealed

14 Carry Licensing Review Board, including, but not limited to,

15 the consideration of any objection to an applicant's

16 eligibility to obtain a license under this Act submitted by a

17 law enforcement agency or the Illinois State Police under

18 Section 15 of this Act, shall be performed on and after January

19 1, 2023 by the Firearms Safety Review Board created under

20 Section 10 of the Firearm Owners Identification Card Act.

21 ~~There is hereby created within the Illinois State Police a~~

22 ~~Concealed Carry Licensing Review Board to consider any~~

23 ~~objection to an applicant's eligibility to obtain a license~~

24 ~~under this Act submitted by a law enforcement agency or the~~

25 ~~Illinois State Police under Section 15 of this Act. The Board~~

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1 ~~shall consist of 7 commissioners to be appointed by the~~

2 ~~Governor, with the advice and consent of the Senate, with 3~~

3 ~~commissioners residing within the First Judicial District and~~

4 ~~one commissioner residing within each of the 4 remaining~~

5 ~~Judicial Districts. No more than 4 commissioners shall be~~

6 ~~members of the same political party. The Governor shall~~

7 ~~designate one commissioner as the Chairperson. The Board shall~~

8 ~~consist of:~~

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

10 ~~as a federal judge;~~

11 ~~(2) 2 commissioners with at least 5 years of~~

12 ~~experience serving as an attorney with the United States~~

13 ~~Department of Justice;~~

14 ~~(3) 3 commissioners with at least 5 years of~~

15 ~~experience as a federal agent or employee with~~

16 ~~investigative experience or duties related to criminal~~

17 ~~justice under the United States Department of Justice,~~

18 ~~Drug Enforcement Administration, Department of Homeland~~

19 ~~Security, or Federal Bureau of Investigation; and~~

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

21 ~~licensed physician or clinical psychologist with expertise~~

22 ~~in the diagnosis and treatment of mental illness.~~

23 (b) (Blank). ~~The initial terms of the commissioners shall~~

24 ~~end on January 12, 2015. Notwithstanding any provision in this~~

25 ~~Section to the contrary, the term of office of each~~

26 ~~commissioner of the Concealed Carry Licensing Review Board is~~

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1 ~~abolished on the effective date of this amendatory Act of the~~

2 ~~102nd General Assembly. The terms of the commissioners~~

3 ~~appointed on or after the effective date of this amendatory~~

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

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

6 ~~3 shall be appointed for terms of 2 years, and 3 shall be~~

7 ~~appointed for terms of 4 years. Thereafter, the commissioners~~

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

9 ~~second Monday in January of the fourth year. Commissioners may~~

10 ~~be reappointed. Vacancies in the office of commissioner shall~~

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

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

13 ~~commissioner for incompetence, neglect of duty, malfeasance,~~

14 ~~or inability to serve. Commissioners shall receive~~

15 ~~compensation in an amount equal to the compensation of members~~

16 ~~of the Executive Ethics Commission and may be reimbursed for~~

17 ~~reasonable expenses actually incurred in the performance of~~

18 ~~their Board duties, from funds appropriated for that purpose.~~

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

20 often as necessary to consider objections to applications for

21 a license under this Act. If necessary to ensure the

22 participation of a commissioner, the Board shall allow a

23 commissioner to participate in a Board meeting by electronic

24 communication. Any commissioner participating electronically

25 shall be deemed present for purposes of establishing a quorum

26 and voting.

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

2 objections and the conduct of hearings. The Board shall

3 maintain a record of its decisions and all materials

4 considered in making its decisions. All Board decisions and

5 voting records shall be kept confidential and all materials

6 considered by the Board shall be exempt from inspection except

7 upon order of a court.

8 (e) In considering an objection of a law enforcement

9 agency or the Illinois State Police, the Board shall review

10 the materials received with the objection from the law

11 enforcement agency or the Illinois State Police. By a vote of

12 at least 4 commissioners, the Board may request additional

13 information from the law enforcement agency, Illinois State

14 Police, or the applicant, or the testimony of the law

15 enforcement agency, Illinois State Police, or the applicant.

16 The Board may require that the applicant submit electronic

17 fingerprints to the Illinois State Police for an updated

18 background check where the Board determines it lacks

19 sufficient information to determine eligibility. The Board may

20 only consider information submitted by the Illinois State

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

22 shall review each objection and determine by a majority of

23 commissioners whether an applicant is eligible for a license.

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

25 receipt of the objection from the Illinois State Police.

26 However, the Board need not issue a decision within 30 days if:

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1 (1) the Board requests information from the applicant,

2 including but not limited to electronic fingerprints to be

3 submitted to the Illinois State Police, in accordance with

4 subsection (e) of this Section, in which case the Board

5 shall make a decision within 30 days of receipt of the

6 required information from the applicant;

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

8 Board additional time to consider an objection; or

9 (3) the Board notifies the applicant and the Illinois

10 State Police that the Board needs an additional 30 days to

11 issue a decision.

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

13 evidence that the applicant poses a danger to himself or

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

15 Board shall affirm the objection of the law enforcement agency

16 or the Illinois State Police and shall notify the Illinois

17 State Police that the applicant is ineligible for a license.

18 If the Board does not determine by a preponderance of the

19 evidence that the applicant poses a danger to himself or

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

21 Board shall notify the Illinois State Police that the

22 applicant is eligible for a license.

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

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

25 the Freedom of Information Act.

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

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1 General Assembly on the number of objections received and

2 provide details of the circumstances in which the Board has

3 determined to deny licensure based on law enforcement or

4 Illinois State Police objections under Section 15 of this Act.

5 The report shall not contain any identifying information about

6 the applicants.

7 (j) All books, records, papers, documents, property (real

8 and personal), contracts, causes of action, and pending

9 business pertaining to the powers, duties, rights, and

10 responsibilities transferred by this amendatory Act of the

11 102nd General Assembly from the Concealed Carry Licensing

12 Review Board to the Firearms Safety Review Board, including,

13 but not limited to, material in electronic or magnetic format

14 and necessary computer hardware and software, shall be

15 transferred to the Firearms Safety Review Board.

16 The powers, duties, rights, and responsibilities

17 transferred from the Concealed Carry Licensing Review Board by

18 this amendatory Act of the 102nd General Assembly shall be

19 vested in and shall be exercised by the Firearms Safety Review

20 Board.

21 Whenever reports or notices are now required to be made or

22 given or papers or documents furnished or served by any person

23 to or upon the Concealed Carry Licensing Review Board in

24 connection with any of the powers, duties, rights, and

25 responsibilities transferred by this amendatory Act of the

26 102nd General Assembly, the same shall be made, given,

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1 furnished, or served in the same manner to or upon the Firearms

2 Safety Review Board.

3 This amendatory Act of the 102nd General Assembly does not

4 affect any act done, ratified, or canceled or any right

5 occurring or established or any action or proceeding had or

6 commenced in an administrative, civil, or criminal cause by

7 the Concealed Carry Licensing Review Board before this

8 amendatory Act of the 102nd General Assembly takes effect;

9 such actions or proceedings may be prosecuted and continued by

10 the Firearms Safety Review Board.

11 Any rules of the Concealed Carry Licensing Review Board

12 that relate to its powers, duties, rights, and

13 responsibilities and are in full force on the effective date

14 of this amendatory Act of the 102nd General Assembly shall

15 become the rules of the Firearms Safety Review Board. This

16 amendatory Act does not affect the legality of any such rules

17 in the Illinois Administrative Code. Any proposed rules filed

18 with the Secretary of State by the Concealed Carry Licensing

19 Review Board that are pending in the rulemaking process on the

20 effective date of this amendatory Act and pertain to the

21 powers, duties, rights, and responsibilities transferred,

22 shall be deemed to have been filed by the Firearms Safety

23 Review Board. As soon as practicable hereafter, the Firearms

24 Safety Review Board shall revise and clarify the rules

25 transferred to it under this amendatory Act to reflect the

26 reorganization of powers, duties, rights, and responsibilities

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1 affected by this amendatory Act, using the procedures for

2 recodification of rules available under the Illinois

3 Administrative Procedure Act, except that existing title,

4 part, and section numbering for the affected rules may be

5 retained. The Firearms Safety Review Board may propose and

6 adopt under the Illinois Administrative Procedure Act such

7 other rules of the Concealed Carry Licensing Review Board that

8 will now be administered by the Firearms Safety Review Board.

9 For the purposes of the Successor Agency Act, the Firearms

10 Safety Review Board is declared to be the successor agency of

11 the Concealed Carry Licensing Review Board with respect to all

12 functions formerly performed by the Concealed Carry Licensing

13 Review Board.

14 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

15 revised 10-12-21.)

16 (430 ILCS 66/60)

17 Sec. 60. Fees.

18 (a) All fees collected under this Act shall be deposited

19 as provided in this Section. Application, renewal, and

20 replacement fees shall be non-refundable and shall be subject

21 to an applicable processing fee. The processing fees shall be

22 limited to charges by the State Treasurer for using the

23 electronic online payment system.

24 (b) An applicant for a new license or a renewal shall

25 submit $150 with the application, of which $120 shall be

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1 apportioned to the State Police Firearm Services Fund, $20

2 shall be apportioned to the Mental Health Reporting Fund, and

3 $10 shall be apportioned to the State Crime Laboratory Fund.

4 (c) A non-resident applicant for a new license or renewal

5 shall submit $300 with the application, of which $250 shall be

6 apportioned to the State Police Firearm Services Fund, $40

7 shall be apportioned to the Mental Health Reporting Fund, and

8 $10 shall be apportioned to the State Crime Laboratory Fund.

9 (d) A licensee requesting a new license in accordance with

10 Section 55 shall submit $75, of which $60 shall be apportioned

11 to the State Police Firearm Services Fund, $5 shall be

12 apportioned to the Mental Health Reporting Fund, and $10 shall

13 be apportioned to the State Crime Laboratory Fund.

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

15 (430 ILCS 66/66)

16 Sec. 66. Illinois State Police to monitor databases for

17 firearms prohibitors. The Illinois State Police shall

18 continuously monitor relevant State and federal databases, as

19 allowed by State and federal law, for firearms prohibitors and

20 correlate those records with concealed carry license holders

21 to ensure compliance with this Act and any other State and

22 federal laws. As used in this Section, "firearms prohibitor"

23 means any factor listed in Section 8 or Section 8.2 of the

24 Firearm Owners Identification Card Act or Section 24-3 or

25 24-3.1 of the Criminal Code of 2012 that prohibits a person

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1 from transferring or possessing a firearm, firearm ammunition,

2 Firearm Owner's Identification Card, or concealed carry

3 license.

4 (Source: P.A. 102-237, eff. 1-1-22.)

5 (430 ILCS 66/87)

6 Sec. 87. Administrative and judicial review.

7 (a) Whenever an application for a concealed carry license

8 is denied, whenever the Illinois State Police fails to act on

9 an application within 90 days of its receipt, or whenever a

10 license is revoked or suspended as provided in this Act, the

11 aggrieved party may appeal to the Director for a hearing upon

12 the denial, revocation, suspension, or failure to act on the

13 application, unless the denial was made by the~~Concealed Carry~~

14 ~~Licensing Review~~Board, in which case the aggrieved party may

15 petition the circuit court in writing in the county of his or

16 her residence for a hearing upon the denial.

17 (b) All final administrative decisions of the Illinois

18 State Police or the ~~Concealed Carry Licensing Review~~ Board

19 under this Act shall be subject to judicial review under the

20 provisions of the Administrative Review Law. The term

21 "administrative decision" is defined as in Section 3-101 of

22 the Code of Civil Procedure.

23 (Source: P.A. 102-538, eff. 8-20-21.)

24 Section 40. The Criminal Code of 2012 is amended by

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1 changing Section 24-1.1 as follows:

2 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)

3 Sec. 24-1.1. Unlawful use or possession of weapons by

4 felons or persons in the custody of the Department of

5 Corrections facilities.

6 (a) It is unlawful for a person to knowingly possess on or

7 about his person or on his land or in his own abode or fixed

8 place of business any weapon prohibited under Section 24-1 of

9 this Act or any firearm or any firearm ammunition if the person

10 has been convicted of a felony under the laws of this State or

11 any other jurisdiction. This Section shall not apply if the

12 person has been granted relief by theCircuit Court, the

13 Director of the Illinois State Police, or beginning January 1,

14 2023, the Firearms Safety Review Board, as applicable,under

15 Section 10 of the Firearm Owners Identification Card Act.

16 (b) It is unlawful for any person confined in a penal

17 institution, which is a facility of the Illinois Department of

18 Corrections, to possess any weapon prohibited under Section

19 24-1 of this Code or any firearm or firearm ammunition,

20 regardless of the intent with which he possesses it.

21 (c) It shall be an affirmative defense to a violation of

22 subsection (b), that such possession was specifically

23 authorized by rule, regulation, or directive of the Illinois

24 Department of Corrections or order issued pursuant thereto.

25 (d) The defense of necessity is not available to a person

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1 who is charged with a violation of subsection (b) of this

2 Section.

3 (e) Sentence. Violation of this Section by a person not

4 confined in a penal institution shall be a Class 3 felony for

5 which the person shall be sentenced to no less than 2 years and

6 no more than 10 years. A second or subsequent violation of this

7 Section shall be a Class 2 felony for which the person shall be

8 sentenced to a term of imprisonment of not less than 3 years

9 and not more than 14 years, except as provided for in Section

10 5-4.5-110 of the Unified Code of Corrections. Violation of

11 this Section by a person not confined in a penal institution

12 who has been convicted of a forcible felony, a felony

13 violation of Article 24 of this Code or of the Firearm Owners

14 Identification Card Act, stalking or aggravated stalking, or a

15 Class 2 or greater felony under the Illinois Controlled

16 Substances Act, the Cannabis Control Act, or the

17 Methamphetamine Control and Community Protection Act is a

18 Class 2 felony for which the person shall be sentenced to not

19 less than 3 years and not more than 14 years, except as

20 provided for in Section 5-4.5-110 of the Unified Code of

21 Corrections. Violation of this Section by a person who is on

22 parole or mandatory supervised release is a Class 2 felony for

23 which the person shall be sentenced to not less than 3 years

24 and not more than 14 years, except as provided for in Section

25 5-4.5-110 of the Unified Code of Corrections. Violation of

26 this Section by a person not confined in a penal institution is

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1 a Class X felony when the firearm possessed is a machine gun.

2 Any person who violates this Section while confined in a penal

3 institution, which is a facility of the Illinois Department of

4 Corrections, is guilty of a Class 1 felony, if he possesses any

5 weapon prohibited under Section 24-1 of this Code regardless

6 of the intent with which he possesses it, a Class X felony if

7 he possesses any firearm, firearm ammunition or explosive, and

8 a Class X felony for which the offender shall be sentenced to

9 not less than 12 years and not more than 50 years when the

10 firearm possessed is a machine gun. A violation of this

11 Section while wearing or in possession of body armor as

12 defined in Section 33F-1 is a Class X felony punishable by a

13 term of imprisonment of not less than 10 years and not more

14 than 40 years. The possession of each firearm or firearm

15 ammunition in violation of this Section constitutes a single

16 and separate violation.

17 (Source: P.A. 102-538, eff. 8-20-21.)