Rep. Bob Morgan

Filed: 5/28/2025

10400HB0850ham001

LRB104 04748 RLC 26929 a

1 AMENDMENT TO HOUSE BILL 850

2 AMENDMENT NO. ______. Amend House Bill 850 by replacing

3 everything after the enacting clause with the following:

4 "Section 3. The Illinois State Police Law of the Civil

5 Administrative Code of Illinois is amended by adding Section

6 2605-625 as follows:

7 (20 ILCS 2605/2605-625 new)

8 Sec. 2605-625. Analysis and report of cumulative data

9 concerning stolen firearms or firearms with obliterated serial

10 numbers that were used or alleged to have been used in the

11 commission of offenses. The Illinois State Police shall

12 conduct an analysis of the cumulative data regarding the

13 disposition of cases involving a stolen firearm or a firearm

14 with an obliterated serial number that was used or alleged to

15 have been used in the commission of an offense and make that

16 information available on the Illinois State Police publicly

10400HB0850ham001

- 2 -

LRB104 04748 RLC 26929 a

1 accessible databases. The Illinois State Police shall publish

2 the results of its analysis in a report to the General

3 Assembly, Governor, and Attorney General and shall make the

4 report available on its website.

5 Section 4. The Criminal Identification Act is amended by

6 changing Section 2.1 as follows:

7 (20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)

8 Sec. 2.1. For the purpose of maintaining complete and

9 accurate criminal records of the Illinois State Police, it is

10 necessary for all policing bodies of this State, the clerk of

11 the circuit court, the Illinois Department of Corrections, the

12 sheriff of each county, and State's Attorney of each county to

13 submit certain criminal arrest, charge, and disposition

14 information to the Illinois State Police for filing at the

15 earliest time possible. Unless otherwise noted herein, it

16 shall be the duty of all policing bodies of this State, the

17 clerk of the circuit court, the Illinois Department of

18 Corrections, the sheriff of each county, and the State's

19 Attorney of each county to report such information as provided

20 in this Section, both in the form and manner required by the

21 Illinois State Police and within 30 days of the criminal

22 history event. Specifically:

23 (a) Arrest Information. All agencies making arrests

24 for offenses which are required by statute to be

10400HB0850ham001

- 3 -

LRB104 04748 RLC 26929 a

1 collected, maintained or disseminated by the Illinois

2 State Police shall be responsible for furnishing daily to

3 the Illinois State Police fingerprints, charges and

4 descriptions of all persons who are arrested for such

5 offenses. All such agencies shall also notify the Illinois

6 State Police of all decisions by the arresting agency not

7 to refer such arrests for prosecution. With approval of

8 the Illinois State Police, an agency making such arrests

9 may enter into arrangements with other agencies for the

10 purpose of furnishing daily such fingerprints, charges and

11 descriptions to the Illinois State Police upon its behalf.

12 (b) Charge Information. The State's Attorney of each

13 county shall notify the Illinois State Police of all

14 charges filed and all petitions filed alleging that a

15 minor is delinquent, including all those added subsequent

16 to the filing of a case, and whether charges were not filed

17 in cases for which the Illinois State Police has received

18 information required to be reported pursuant to paragraph

19 (a) of this Section. With approval of the Illinois State

20 Police, the State's Attorney may enter into arrangements

21 with other agencies for the purpose of furnishing the

22 information required by this subsection (b) to the

23 Illinois State Police upon the State's Attorney's behalf.

24 (c) Disposition Information. The clerk of the circuit

25 court of each county shall furnish the Illinois State

26 Police, in the form and manner required by the Supreme

10400HB0850ham001

- 4 -

LRB104 04748 RLC 26929 a

1 Court, with all final dispositions of cases for which the

2 Illinois State Police has received information required to

3 be reported pursuant to paragraph (a) or (d) of this

4 Section. Such information shall include, for each charge,

5 all (1) judgments of not guilty, judgments of guilty

6 including the sentence pronounced by the court with

7 statutory citations to the relevant sentencing provision,

8 findings that a minor is delinquent and any sentence made

9 based on those findings, discharges and dismissals in the

10 court; (2) reviewing court orders filed with the clerk of

11 the circuit court which reverse or remand a reported

12 conviction or findings that a minor is delinquent or that

13 vacate or modify a sentence or sentence made following a

14 trial that a minor is delinquent; (3) continuances to a

15 date certain in furtherance of an order of supervision

16 granted under Section 5-6-1 of the Unified Code of

17 Corrections or an order of probation granted under Section

18 10 of the Cannabis Control Act, Section 410 of the

19 Illinois Controlled Substances Act, Section 70 of the

20 Methamphetamine Control and Community Protection Act,

21 Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of

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

23 Section 10-102 of the Illinois Alcoholism and Other Drug

24 Dependency Act, Section 40-10 of the Substance Use

25 Disorder Act, Section 10 of the Steroid Control Act, or

26 Section 5-615 of the Juvenile Court Act of 1987; ~~and~~ (4)

10400HB0850ham001

- 5 -

LRB104 04748 RLC 26929 a

1 judgments or court orders terminating or revoking a

2 sentence to or juvenile disposition of probation,

3 supervision or conditional discharge and any resentencing

4 or new court orders entered by a juvenile court relating

5 to the disposition of a minor's case involving delinquency

6 after such revocation; and (5) in any case in which a

7 firearm is alleged to have been used in the commission of

8 an offense, the serial number of any firearm involved in

9 the case, or if the serial number was obliterated, as

10 provided by the State's Attorney to the clerk of the

11 circuit court at the time of disposition.

12 (d) Fingerprints After Sentencing.

13 (1) After the court pronounces sentence, sentences

14 a minor following a trial in which a minor was found to

15 be delinquent or issues an order of supervision or an

16 order of probation granted under Section 10 of the

17 Cannabis Control Act, Section 410 of the Illinois

18 Controlled Substances Act, Section 70 of the

19 Methamphetamine Control and Community Protection Act,

20 Section 12-4.3 or subdivision (b)(1) of Section

21 12-3.05 of the Criminal Code of 1961 or the Criminal

22 Code of 2012, Section 10-102 of the Illinois

23 Alcoholism and Other Drug Dependency Act, Section

24 40-10 of the Substance Use Disorder Act, Section 10 of

25 the Steroid Control Act, or Section 5-615 of the

26 Juvenile Court Act of 1987 for any offense which is

10400HB0850ham001

- 6 -

LRB104 04748 RLC 26929 a

1 required by statute to be collected, maintained, or

2 disseminated by the Illinois State Police, the State's

3 Attorney of each county shall ask the court to order a

4 law enforcement agency to fingerprint immediately all

5 persons appearing before the court who have not

6 previously been fingerprinted for the same case. The

7 court shall so order the requested fingerprinting, if

8 it determines that any such person has not previously

9 been fingerprinted for the same case. The law

10 enforcement agency shall submit such fingerprints to

11 the Illinois State Police daily.

12 (2) After the court pronounces sentence or makes a

13 disposition of a case following a finding of

14 delinquency for any offense which is not required by

15 statute to be collected, maintained, or disseminated

16 by the Illinois State Police, the prosecuting attorney

17 may ask the court to order a law enforcement agency to

18 fingerprint immediately all persons appearing before

19 the court who have not previously been fingerprinted

20 for the same case. The court may so order the requested

21 fingerprinting, if it determines that any so sentenced

22 person has not previously been fingerprinted for the

23 same case. The law enforcement agency may retain such

24 fingerprints in its files.

25 (e) Corrections Information. The Illinois Department

26 of Corrections and the sheriff of each county shall

10400HB0850ham001

- 7 -

LRB104 04748 RLC 26929 a

1 furnish the Illinois State Police with all information

2 concerning the receipt, escape, execution, death, release,

3 pardon, parole, commutation of sentence, granting of

4 executive clemency or discharge of an individual who has

5 been sentenced or committed to the agency's custody for

6 any offenses which are mandated by statute to be

7 collected, maintained or disseminated by the Illinois

8 State Police. For an individual who has been charged with

9 any such offense and who escapes from custody or dies

10 while in custody, all information concerning the receipt

11 and escape or death, whichever is appropriate, shall also

12 be so furnished to the Illinois State Police.

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

14 Section 5. The Firearm Owners Identification Card Act is

15 amended by changing Sections 8.1, 10, and 11 and by adding

16 Section 15c as follows:

17 (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)

18 Sec. 8.1. Notifications to the Illinois State Police.

19 (a) The Circuit Clerk shall, in the form and manner

20 required by the Supreme Court, notify the Illinois State

21 Police of all final dispositions of cases for which the

22 Department has received information reported to it under

23 Sections 2.1 and 2.2 of the Criminal Identification Act.

24 (b) Upon adjudication of any individual as a person with a

10400HB0850ham001

- 8 -

LRB104 04748 RLC 26929 a

1 mental disability as defined in Section 1.1 of this Act or a

2 finding that a person has been involuntarily admitted, the

3 court shall direct the circuit court clerk to immediately

4 notify the Illinois State Police, Firearm Owner's

5 Identification (FOID) department, and shall forward a copy of

6 the court order to the Department.

7 (b-1) Beginning July 1, 2016, and each July 1 and December

8 30 of every year thereafter, the circuit court clerk shall, in

9 the form and manner prescribed by the Illinois State Police,

10 notify the Illinois State Police, Firearm Owner's

11 Identification (FOID) department if the court has not directed

12 the circuit court clerk to notify the Illinois State Police,

13 Firearm Owner's Identification (FOID) department under

14 subsection (b) of this Section, within the preceding 6 months,

15 because no person has been adjudicated as a person with a

16 mental disability by the court as defined in Section 1.1 of

17 this Act or if no person has been involuntarily admitted. The

18 Supreme Court may adopt any orders or rules necessary to

19 identify the persons who shall be reported to the Illinois

20 State Police under subsection (b), or any other orders or

21 rules necessary to implement the requirements of this Act.

22 (c) The Department of Human Services shall, in the form

23 and manner prescribed by the Illinois State Police, report all

24 information collected under subsection (b) of Section 12 of

25 the Mental Health and Developmental Disabilities

26 Confidentiality Act for the purpose of determining whether a

10400HB0850ham001

- 9 -

LRB104 04748 RLC 26929 a

1 person who may be or may have been a patient in a mental health

2 facility is disqualified under State or federal law from

3 receiving or retaining a Firearm Owner's Identification Card,

4 or purchasing a weapon.

5 (d) If a person is determined to pose a clear and present

6 danger to himself, herself, or to others:

7 (1) by a physician, clinical psychologist, or

8 qualified examiner, or is determined to have a

9 developmental disability by a physician, clinical

10 psychologist, or qualified examiner, whether employed by

11 the State or privately, then the physician, clinical

12 psychologist, or qualified examiner shall, within 24 hours

13 of making the determination, notify the Department of

14 Human Services that the person poses a clear and present

15 danger or has a developmental disability; or

16 (2) by a law enforcement official or school

17 administrator, then the law enforcement official or school

18 administrator shall, within 24 hours of making the

19 determination, notify the Illinois State Police that the

20 person poses a clear and present danger.

21 The Department of Human Services shall immediately update

22 its records and information relating to mental health and

23 developmental disabilities, and if appropriate, shall under

24 paragraph (1) of subsection (d) of this Section notify the

25 Illinois State Police in a form and manner prescribed by the

26 Illinois State Police. The Illinois State Police shall deny

10400HB0850ham001

- 10 -

LRB104 04748 RLC 26929 a

1 the application or suspend or ~~determine whether to~~ revoke the

2 person's Firearm Owner's Identification Card under Section 8

3 of this Act. Any information disclosed under this subsection

4 shall remain privileged and confidential, and shall not be

5 redisclosed, except as required under subsection (e) of

6 Section 3.1 and subsection (c-5) or (f) of Section 10 of this

7 Act, nor used for any other purpose. The method of providing

8 this information shall guarantee that the information is not

9 released beyond what is necessary for the purpose of these

10 Sections. Reports from the Department of Human Services ~~this~~

11 ~~Section and~~ shall be provided by rule by the Department of

12 Human Services. The identity of the person reporting under

13 paragraph (1) of subsection (d) of this Section shall only ~~not~~

14 be disclosed to the subject of the report if required by the

15 Board or a court with jurisdiction consistent with proceedings

16 under subsections (c-5) or (f) of Section 10 of this Act.

17 The law enforcement official or school administrator under

18 paragraph (2) of subsection (d) of this Section shall notify

19 the Illinois State Police in the form and manner prescribed by

20 the Illinois State Police. The Illinois State Police shall

21 determine whether to deny the application or suspend or revoke

22 the person's Firearm Owner's Identification Card under Section

23 8 of this Act. Any information disclosed under this subsection

24 shall remain confidential and shall not be redisclosed or used

25 for any other purpose except as required under subsection (e)

26 of Section 3.1 and subsection (c-5) or (f) of Section 10 of

10400HB0850ham001

- 11 -

LRB104 04748 RLC 26929 a

1 this Act. The method of providing this information shall

2 guarantee that the information is not released beyond what is

3 necessary for the purpose of these Sections. The identity of

4 the person reporting under paragraph (2) of subsection (d) of

5 this Section shall be disclosed only to the subject of the

6 report if required by the Board or a court with jurisdiction

7 consistent with proceedings under subsection (c-5) or (f) of

8 Section 10 this Act.

9 The physician, clinical psychologist, qualified examiner,

10 law enforcement official, or school administrator making the

11 determination and his or her employer shall not be held

12 criminally, civilly, or professionally liable for making or

13 not making the notification required under this subsection,

14 except for willful or wanton misconduct.

15 (e) The Illinois State Police shall adopt rules to

16 implement this Section.

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

18 (430 ILCS 65/10) (from Ch. 38, par. 83-10)

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

20 prohibitions.

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

22 Identification Card is denied or whenever such a Card is

23 suspended or revoked ~~or seized~~ as provided for in Section 8,

24 8.2, or 8.3 of this Act, upon complying with the requirements

25 of Section 9.5 of the Act, the aggrieved party may (1) file a

10400HB0850ham001

- 12 -

LRB104 04748 RLC 26929 a

1 record challenge with the Director regarding the record upon

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

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

4 appeal to the Director of the Illinois State Police through

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

6 Owner's Identification Card Review Board for a hearing seeking

7 relief from such denial, suspension, or revocation unless the

8 denial, suspension, or revocation was based upon a forcible

9 felony, stalking, aggravated stalking, domestic battery, any

10 violation of the Illinois Controlled Substances Act, the

11 Methamphetamine Control and Community Protection Act, or the

12 Cannabis Control Act that is classified as a Class 2 or greater

13 felony, any felony violation of Article 24 of the Criminal

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

15 as a delinquent minor for the commission of an offense that if

16 committed by an adult would be a felony, in which case the

17 aggrieved party may petition the circuit court in writing in

18 the county of his or her residence for a hearing seeking relief

19 from such denial or revocation.

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

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

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

23 the circuit court and except when the applicant is challenging

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

25 as provided in subsection (a-10).

26 (0.05) In furtherance of the policy of this Act that

10400HB0850ham001

- 13 -

LRB104 04748 RLC 26929 a

1 the Board shall exercise its powers and duties in an

2 independent manner, subject to the provisions of this Act

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

4 other agency or department of State government. All

5 expenses and liabilities incurred by the Board in the

6 performance of its responsibilities hereunder shall be

7 paid from funds which shall be appropriated to the Board

8 by the General Assembly for the ordinary and contingent

9 expenses of the Board.

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

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

12 with 3 members residing within the First Judicial District

13 and one member residing within each of the 4 remaining

14 Judicial Districts. No more than 4 members shall be

15 members of the same political party. The Governor shall

16 designate one member as the chairperson. The members shall

17 have actual experience in law, education, social work,

18 behavioral sciences, law enforcement, or community affairs

19 or in a combination of those areas.

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

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

22 shall be as follows: one of the initial members shall be

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

24 terms of 2 years, and 3 shall be appointed for terms of 4

25 years. Thereafter, members shall hold office for 4 years,

26 with terms expiring on the second Monday in January

10400HB0850ham001

- 14 -

LRB104 04748 RLC 26929 a

1 immediately following the expiration of their terms and

2 every 4 years thereafter. Members may be reappointed.

3 Vacancies in the office of member shall be filled in the

4 same manner as the original appointment, for the remainder

5 of the unexpired term. The Governor may remove a member

6 for incompetence, neglect of duty, malfeasance, or

7 inability to serve. Members shall receive compensation in

8 an amount equal to the compensation of members of the

9 Executive Ethics Commission and, beginning July 1, 2023,

10 shall be compensated from appropriations provided to the

11 Comptroller for this purpose. Members may be reimbursed,

12 from funds appropriated for such a purpose, for reasonable

13 expenses actually incurred in the performance of their

14 Board duties. The Illinois State Police shall designate an

15 employee to serve as Executive Director of the Board and

16 provide logistical and administrative assistance to the

17 Board.

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

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

20 consider appeals of decisions made with respect to

21 applications for a Firearm Owner's Identification Card

22 under this Act. If necessary to ensure the participation

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

24 in a Board meeting by electronic communication. Any member

25 participating electronically shall be deemed present for

26 purposes of establishing a quorum and voting.

10400HB0850ham001

- 15 -

LRB104 04748 RLC 26929 a

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

2 appeals 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

5 and voting records shall be kept confidential and all

6 materials considered by the Board shall be exempt from

7 inspection except upon order of a court.

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

9 the materials received concerning the denial or revocation

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

11 members, the Board may request additional information from

12 the Illinois State Police or the applicant or the

13 testimony of the Illinois State Police or the applicant.

14 The Board may require that the applicant submit electronic

15 fingerprints to the Illinois State Police for an updated

16 background check if the Board determines it lacks

17 sufficient information to determine eligibility. The Board

18 may consider information submitted by the Illinois State

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

20 Board shall review each denial or revocation and determine

21 by a majority of members whether an applicant should be

22 granted relief under subsection (c).

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

24 The Board shall issue a decision within 45 days of

25 receiving all completed appeal documents from the Illinois

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

10400HB0850ham001

- 16 -

LRB104 04748 RLC 26929 a

1 not issue a decision within 45 days if:

2 (A) the Board requests information from the

3 applicant, including, but not limited to, electronic

4 fingerprints to be submitted to the Illinois State

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

6 subsection, in which case the Board shall make a

7 decision within 30 days of receipt of the required

8 information from the applicant;

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

10 Board additional time to consider an appeal; or

11 (C) the Board notifies the applicant and the

12 Illinois State Police that the Board needs an

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

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

15 The Board's notification to the applicant and the

16 Illinois State Police shall include an explanation for

17 the extension.

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

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

20 notify the applicant and the Illinois State Police that

21 relief has been granted and the Illinois State Police

22 shall issue the Card.

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

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

25 subject to the Freedom of Information Act.

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

10400HB0850ham001

- 17 -

LRB104 04748 RLC 26929 a

1 the General Assembly on the number of appeals received and

2 provide details of the circumstances in which the Board

3 has determined to deny Firearm Owner's Identification

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

5 contain any identifying information about the applicants.

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

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

8 rather does not believe the applicant is appropriately denied

9 or revoked and is challenging the record upon which the

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

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

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

13 applicant shall file such challenge with the Director. The

14 Director shall render a decision within 60 business days of

15 receipt of all information supporting the challenge. The

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

17 record challenge.

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

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

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

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

22 the court shall determine whether substantial justice has been

23 done. Should the court determine that substantial justice has

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

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

26 shall not issue the order if the petitioner is otherwise

10400HB0850ham001

- 18 -

LRB104 04748 RLC 26929 a

1 prohibited from obtaining, possessing, or using a firearm

2 under federal law.

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

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

5 acquiring a Firearm Owner's Identification Card under Section

6 8 of this Act may apply to the Firearm Owner's Identification

7 Card Review Board or petition the circuit court in the county

8 where the petitioner resides, whichever is applicable in

9 accordance with subsection (a) of this Section, requesting

10 relief from such prohibition and the Board or court may grant

11 such relief if it is established by the applicant to the

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

13 (0.05) when in the circuit court, the State's Attorney

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

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

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

17 opportunity to present evidence and object to the

18 petition;

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

20 felony under the laws of this State or any other

21 jurisdiction within 20 years of the applicant's

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

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

24 of imprisonment imposed in relation to that conviction;

25 (2) the circumstances regarding a criminal conviction,

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

10400HB0850ham001

- 19 -

LRB104 04748 RLC 26929 a

1 reputation are such that the applicant will not be likely

2 to act in a manner dangerous to public safety;

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

4 public interest; and

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

6 law.

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

8 unit of government or a Department of Corrections employee

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

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

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

12 Firearm Owner's Identification Card Review Board requesting

13 relief if the officer or employee did not act in a manner

14 threatening to the officer or employee, another person, or the

15 public as determined by the treating clinical psychologist or

16 physician, and as a result of his or her work is referred by

17 the employer for or voluntarily seeks mental health evaluation

18 or treatment by a licensed clinical psychologist,

19 psychiatrist, or qualified examiner, and:

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

21 involuntarily at a mental health facility, regardless of

22 the length of admission; or has not been voluntarily

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

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

25 and

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

10400HB0850ham001

- 20 -

LRB104 04748 RLC 26929 a

1 institution against medical advice.

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

3 shall grant expedited relief to active law enforcement

4 officers and employees described in paragraph (1) of this

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

6 officer's or employee's possession of a firearm does not

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

8 Board shall act on the request for relief within 30 business

9 days of receipt of:

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

11 in the form prescribed by the Board detailing the

12 circumstances that led to the hospitalization;

13 (B) all documentation regarding the admission,

14 evaluation, treatment and discharge from the treating

15 licensed clinical psychologist or psychiatrist of the

16 officer;

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

18 person completed after the time of discharge; and

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

20 Board from the treating licensed clinical psychologist or

21 psychiatrist that the provisions set forth in paragraph

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

23 successfully completed treatment, and their professional

24 opinion regarding the person's ability to possess

25 firearms.

26 (3) Officers and employees eligible for the expedited

10400HB0850ham001

- 21 -

LRB104 04748 RLC 26929 a

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

2 burden of proof on eligibility and must provide all

3 information required. The Board may not consider granting

4 expedited relief until the proof and information is received.

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

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

7 in Chapter I of the Mental Health and Developmental

8 Disabilities Code.

9 (5) No later than January 1, 2026, the Firearm Owner's

10 Identification Card Review Board shall establish a process by

11 which any person who is subject to the provisions of

12 subsection (f) of Section 8 of this Act may request expedited

13 review from the Firearm Owner's Identification Card Review

14 Board.

15 (A) The Board shall disclose to an individual

16 requesting an expedited review any information relating to

17 the individual that was provided by the Department under

18 subsection (d) of Section 8.1, subject to redactions.

19 (B) The individual requesting expedited review may

20 submit to the Firearm Owner's Identification Card Review

21 Board an objection to any redaction made pursuant to

22 subparagraph (A) of paragraph (5) of subsection (c-5) of

23 this Section. The objection must specify the basis for the

24 individual's belief that the redacted information is

25 necessary for a full and fair review.

26 (C) In determining whether information should be

10400HB0850ham001

- 22 -

LRB104 04748 RLC 26929 a

1 unredacted, the Board may consider any relevant factor,

2 including, but not limited to, (i) the extent to which the

3 disclosure of such information is necessary to provide the

4 individual with a meaningful opportunity to understand,

5 respond to, or rebut evidence for the basis for the denial

6 or revocation and (ii) the safety and well-being of any

7 person who, directly or indirectly, is the source or

8 reporter of such information.

9 (D) The Board, Illinois State Police, or the employees

10 and agents of the Board and Illinois State Police

11 participating in this process under this Act shall not be

12 held liable for damages in any civil action arising from

13 the disclosure or non-disclosure of the information

14 released to an individual as part of this process.

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

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

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

18 determination of a developmental disability or an intellectual

19 disability may apply to the Firearm Owner's Identification

20 Card Review Board requesting relief.

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

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

23 prescribed by the Board, from a physician or clinical

24 psychologist, or qualified examiner, that the aggrieved

25 party's developmental disability or intellectual disability

26 condition is determined by a physician, clinical psychologist,

10400HB0850ham001

- 23 -

LRB104 04748 RLC 26929 a

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

2 scheduled to obtain additional information concerning the

3 circumstances of the denial or revocation, the 60 business

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

5 completion of the fact-finding conference.

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

7 developmental disability or intellectual disability is mild as

8 determined by a physician, clinical psychologist, or qualified

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

10 satisfaction that:

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

12 public interest; and

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

14 law.

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

16 determined by a physician, clinical psychologist, or qualified

17 examiner to be moderate, severe, or profound.

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

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

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

21 60-day period for the Director to act on requests pending

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

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

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

25 considered by the Board.

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

10400HB0850ham001

- 24 -

LRB104 04748 RLC 26929 a

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

2 shall notify the Illinois State Police.

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

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

5 person who has been adjudicated delinquent for an offense that

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

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

8 adjudication of delinquency and the court determines that the

9 applicant should be granted relief from disability to obtain a

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

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

12 the disability has been removed and that the applicant is

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

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

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

16 of 1968 because of an adjudication or commitment that occurred

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

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

19 Section 8 of this Act may apply to the Board ~~Illinois State~~

20 ~~Police~~ requesting relief from that prohibition. The Board

21 shall grant the relief if it is established by a preponderance

22 of the evidence that the person will not be likely to act in a

23 manner dangerous to public safety and that granting relief

24 would not be contrary to the public interest. In making this

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

26 the circumstances regarding the firearms disabilities from

10400HB0850ham001

- 25 -

LRB104 04748 RLC 26929 a

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

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

3 reputation, developed at a minimum through character witness

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

5 changes in the petitioner's condition or circumstances since

6 the disqualifying events relevant to the relief sought.

7 Notwithstanding any other provision of this Act or any other

8 law to the contrary, the Illinois State Police shall provide

9 the Board or any court with jurisdiction with all records

10 relevant to the request for relief under Section 8.1. If

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

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

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

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

15 Illinois State Police makes available to the National Instant

16 Criminal Background Check System and notify the United States

17 Attorney General that the basis for the record being made

18 available no longer applies. The Illinois State Police shall

19 adopt rules for the administration of this Section.

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

21 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1115, eff.

22 1-9-23; 102-1129, eff. 2-10-23; 103-605, eff. 7-1-24.)

23 (430 ILCS 65/11) (from Ch. 38, par. 83-11)

24 Sec. 11. Judicial review of final administrative

25 decisions.

10400HB0850ham001

- 26 -

LRB104 04748 RLC 26929 a

1 (a) All final administrative decisions of the Firearm

2 Owner's Identification Card Review Board under this Act,

3 including final administrative decisions of the Firearm

4 Owner's Identification Card Review Board made under the

5 expedited review process established under paragraph (5) of

6 subsection (c-5) of Section 10 of this Act, except final

7 administrative decisions of the Firearm Owner's Identification

8 Card Review Board to deny a person's application for relief

9 under subsection (f) of Section 10 of this Act, shall be

10 subject to judicial review under the provisions of the

11 Administrative Review Law, and all amendments and

12 modifications thereof, and the rules adopted pursuant thereto.

13 The term "administrative decision" is defined as in Section

14 3-101 of the Code of Civil Procedure. The Illinois State

15 Police or the individual seeking expedited relief may seek

16 judicial review upon receipt of a final administrative

17 decision under paragraph (5) of subsection (c-5) of Section 10

18 of this Act.

19 (b) Any final administrative decision by the Firearm

20 Owner's Identification Card Review Board to deny a person's

21 application for relief under subsection (f) of Section 10 of

22 this Act is subject to de novo judicial review by the circuit

23 court, and any party may offer evidence that is otherwise

24 proper and admissible without regard to whether that evidence

25 is part of the administrative record.

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

10400HB0850ham001

- 27 -

LRB104 04748 RLC 26929 a

1 shall submit a report to the General Assembly on March 1 of

2 each year, beginning March 1, 1991, listing all final

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

4 reversing in part any administrative decision made by the

5 Firearm Owner's Identification Card Review Board ~~Illinois~~

6 ~~State Police~~.

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

8 102-813, eff. 5-13-22.)

9 (430 ILCS 65/15c new)

10 Sec. 15c. Civil immunity; Board, employees, and agents.

11 The Board and its employees and agents who participate in the

12 process established under this Act and the Illinois State

13 Police and its employees and agents who participate in the

14 process established under this Act shall not be held liable

15 for damages in any civil action arising from the alleged

16 wrongful or improper granting, denying, renewing, revoking,

17 suspending, or failing to grant, deny, renew, revoke, or

18 suspend a Firearm Owner's Identification Card.

19 Section 6. If and only if Senate Bill 8 of the 104th

20 General Assembly becomes law in the form in which it passed the

21 Senate on April 10, 2025, then the Unified Code of Corrections

22 is amended by changing Section 5-4-1 as follows:

23 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)

10400HB0850ham001

- 28 -

LRB104 04748 RLC 26929 a

1 Sec. 5-4-1. Sentencing hearing.

2 (a) After a determination of guilt, a hearing shall be

3 held to impose the sentence. However, prior to the imposition

4 of sentence on an individual being sentenced for an offense

5 based upon a charge for a violation of Section 11-501 of the

6 Illinois Vehicle Code or a similar provision of a local

7 ordinance, the individual must undergo a professional

8 evaluation to determine if an alcohol or other drug abuse

9 problem exists and the extent of such a problem. Programs

10 conducting these evaluations shall be licensed by the

11 Department of Human Services. However, if the individual is

12 not a resident of Illinois, the court may, in its discretion,

13 accept an evaluation from a program in the state of such

14 individual's residence. The court shall make a specific

15 finding about whether the defendant is eligible for

16 participation in a Department impact incarceration program as

17 provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an

18 explanation as to why a sentence to impact incarceration is

19 not an appropriate sentence. The court may in its sentencing

20 order recommend a defendant for placement in a Department of

21 Corrections substance abuse treatment program as provided in

22 paragraph (a) of subsection (1) of Section 3-2-2 conditioned

23 upon the defendant being accepted in a program by the

24 Department of Corrections. At the hearing the court shall:

25 (1) consider the evidence, if any, received upon the

26 trial;

10400HB0850ham001

- 29 -

LRB104 04748 RLC 26929 a

1 (2) consider any presentence reports;

2 (3) consider the financial impact of incarceration

3 based on the financial impact statement filed with the

4 clerk of the court by the Department of Corrections;

5 (4) consider evidence and information offered by the

6 parties in aggravation and mitigation;

7 (4.5) consider substance abuse treatment, eligibility

8 screening, and an assessment, if any, of the defendant by

9 an agent designated by the State of Illinois to provide

10 assessment services for the Illinois courts;

11 (5) hear arguments as to sentencing alternatives;

12 (6) afford the defendant the opportunity to make a

13 statement in his own behalf;

14 (7) afford the victim of a violent crime or a

15 violation of Section 11-501 of the Illinois Vehicle Code,

16 or a similar provision of a local ordinance, the

17 opportunity to present an oral or written statement, as

18 guaranteed by Article I, Section 8.1 of the Illinois

19 Constitution and provided in Section 6 of the Rights of

20 Crime Victims and Witnesses Act. The court shall allow a

21 victim to make an oral statement if the victim is present

22 in the courtroom and requests to make an oral or written

23 statement. An oral or written statement includes the

24 victim or a representative of the victim reading the

25 written statement. The court may allow persons impacted by

26 the crime who are not victims under subsection (a) of

10400HB0850ham001

- 30 -

LRB104 04748 RLC 26929 a

1 Section 3 of the Rights of Crime Victims and Witnesses Act

2 to present an oral or written statement. A victim and any

3 person making an oral statement shall not be put under

4 oath or subject to cross-examination. All statements

5 offered under this paragraph (7) shall become part of the

6 record of the court. In this paragraph (7), "victim of a

7 violent crime" means a person who is a victim of a violent

8 crime for which the defendant has been convicted after a

9 bench or jury trial or a person who is the victim of a

10 violent crime with which the defendant was charged and the

11 defendant has been convicted under a plea agreement of a

12 crime that is not a violent crime as defined in subsection

13 (c) of 3 of the Rights of Crime Victims and Witnesses Act;

14 (7.5) afford a qualified person affected by: (i) a

15 violation of Section 405, 405.1, 405.2, or 407 of the

16 Illinois Controlled Substances Act or a violation of

17 Section 55 or Section 65 of the Methamphetamine Control

18 and Community Protection Act; or (ii) a Class 4 felony

19 violation of Section 11-14, 11-14.3 except as described in

20 subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,

21 11-18.1, or 11-19 of the Criminal Code of 1961 or the

22 Criminal Code of 2012, committed by the defendant the

23 opportunity to make a statement concerning the impact on

24 the qualified person and to offer evidence in aggravation

25 or mitigation; provided that the statement and evidence

26 offered in aggravation or mitigation shall first be

10400HB0850ham001

- 31 -

LRB104 04748 RLC 26929 a

1 prepared in writing in conjunction with the State's

2 Attorney before it may be presented orally at the hearing.

3 Sworn testimony offered by the qualified person is subject

4 to the defendant's right to cross-examine. All statements

5 and evidence offered under this paragraph (7.5) shall

6 become part of the record of the court. In this paragraph

7 (7.5), "qualified person" means any person who: (i) lived

8 or worked within the territorial jurisdiction where the

9 offense took place when the offense took place; or (ii) is

10 familiar with various public places within the territorial

11 jurisdiction where the offense took place when the offense

12 took place. "Qualified person" includes any peace officer

13 or any member of any duly organized State, county, or

14 municipal peace officer unit assigned to the territorial

15 jurisdiction where the offense took place when the offense

16 took place;

17 (8) in cases of reckless homicide afford the victim's

18 spouse, guardians, parents or other immediate family

19 members an opportunity to make oral statements;

20 (9) in cases involving a felony sex offense as defined

21 under the Sex Offender Management Board Act, consider the

22 results of the sex offender evaluation conducted pursuant

23 to Section 5-3-2 of this Act; and

24 (10) make a finding of whether a motor vehicle was

25 used in the commission of the offense for which the

26 defendant is being sentenced. ~~; and~~

10400HB0850ham001

- 32 -

LRB104 04748 RLC 26929 a

1 ~~(11) make a finding of whether a firearm with a serial~~

2 ~~number reported as stolen on the Illinois State Police~~

3 ~~publicly accessible stolen firearms database was used in~~

4 ~~the commission of the offense for which the defendant is~~

5 ~~being sentenced.~~

6 (b) All sentences shall be imposed by the judge based upon

7 his independent assessment of the elements specified above and

8 any agreement as to sentence reached by the parties. The judge

9 who presided at the trial or the judge who accepted the plea of

10 guilty shall impose the sentence unless he is no longer

11 sitting as a judge in that court. Where the judge does not

12 impose sentence at the same time on all defendants who are

13 convicted as a result of being involved in the same offense,

14 the defendant or the State's Attorney may advise the

15 sentencing court of the disposition of any other defendants

16 who have been sentenced.

17 (b-1) In imposing a sentence of imprisonment or periodic

18 imprisonment for a Class 3 or Class 4 felony for which a

19 sentence of probation or conditional discharge is an available

20 sentence, if the defendant has no prior sentence of probation

21 or conditional discharge and no prior conviction for a violent

22 crime, the defendant shall not be sentenced to imprisonment

23 before review and consideration of a presentence report and

24 determination and explanation of why the particular evidence,

25 information, factor in aggravation, factual finding, or other

26 reasons support a sentencing determination that one or more of

10400HB0850ham001

- 33 -

LRB104 04748 RLC 26929 a

1 the factors under subsection (a) of Section 5-6-1 of this Code

2 apply and that probation or conditional discharge is not an

3 appropriate sentence.

4 (c) In imposing a sentence for a violent crime or for an

5 offense of operating or being in physical control of a vehicle

6 while under the influence of alcohol, any other drug or any

7 combination thereof, or a similar provision of a local

8 ordinance, when such offense resulted in the personal injury

9 to someone other than the defendant, the trial judge shall

10 specify on the record the particular evidence, information,

11 factors in mitigation and aggravation or other reasons that

12 led to his sentencing determination. The full verbatim record

13 of the sentencing hearing shall be filed with the clerk of the

14 court and shall be a public record.

15 (c-1) In imposing a sentence for the offense of aggravated

16 kidnapping for ransom, home invasion, armed robbery,

17 aggravated vehicular hijacking, aggravated discharge of a

18 firearm, or armed violence with a category I weapon or

19 category II weapon, the trial judge shall make a finding as to

20 whether the conduct leading to conviction for the offense

21 resulted in great bodily harm to a victim, and shall enter that

22 finding and the basis for that finding in the record.

23 (c-1.5) Notwithstanding any other provision of law to the

24 contrary, in imposing a sentence for an offense that requires

25 a mandatory minimum sentence of imprisonment, the court may

26 instead sentence the offender to probation, conditional

10400HB0850ham001

- 34 -

LRB104 04748 RLC 26929 a

1 discharge, or a lesser term of imprisonment it deems

2 appropriate if: (1) the offense involves the use or possession

3 of drugs, retail theft, or driving on a revoked license due to

4 unpaid financial obligations; (2) the court finds that the

5 defendant does not pose a risk to public safety; and (3) the

6 interest of justice requires imposing a term of probation,

7 conditional discharge, or a lesser term of imprisonment. The

8 court must state on the record its reasons for imposing

9 probation, conditional discharge, or a lesser term of

10 imprisonment.

11 (c-2) If the defendant is sentenced to prison, other than

12 when a sentence of natural life imprisonment is imposed, at

13 the time the sentence is imposed the judge shall state on the

14 record in open court the approximate period of time the

15 defendant will serve in custody according to the then current

16 statutory rules and regulations for sentence credit found in

17 Section 3-6-3 and other related provisions of this Code. This

18 statement is intended solely to inform the public, has no

19 legal effect on the defendant's actual release, and may not be

20 relied on by the defendant on appeal.

21 The judge's statement, to be given after pronouncing the

22 sentence, other than when the sentence is imposed for one of

23 the offenses enumerated in paragraph (a)(4) of Section 3-6-3,

24 shall include the following:

25 "The purpose of this statement is to inform the public of

26 the actual period of time this defendant is likely to spend in

10400HB0850ham001

- 35 -

LRB104 04748 RLC 26929 a

1 prison as a result of this sentence. The actual period of

2 prison time served is determined by the statutes of Illinois

3 as applied to this sentence by the Illinois Department of

4 Corrections and the Illinois Prisoner Review Board. In this

5 case, assuming the defendant receives all of his or her

6 sentence credit, the period of estimated actual custody is ...

7 years and ... months, less up to 180 days additional earned

8 sentence credit. If the defendant, because of his or her own

9 misconduct or failure to comply with the institutional

10 regulations, does not receive those credits, the actual time

11 served in prison will be longer. The defendant may also

12 receive an additional one-half day sentence credit for each

13 day of participation in vocational, industry, substance abuse,

14 and educational programs as provided for by Illinois statute."

15 When the sentence is imposed for one of the offenses

16 enumerated in paragraph (a)(2) of Section 3-6-3, other than

17 first degree murder, and the offense was committed on or after

18 June 19, 1998, and when the sentence is imposed for reckless

19 homicide as defined in subsection (e) of Section 9-3 of the

20 Criminal Code of 1961 or the Criminal Code of 2012 if the

21 offense was committed on or after January 1, 1999, and when the

22 sentence is imposed for aggravated driving under the influence

23 of alcohol, other drug or drugs, or intoxicating compound or

24 compounds, or any combination thereof as defined in

25 subparagraph (F) of paragraph (1) of subsection (d) of Section

26 11-501 of the Illinois Vehicle Code, and when the sentence is

10400HB0850ham001

- 36 -

LRB104 04748 RLC 26929 a

1 imposed for aggravated arson if the offense was committed on

2 or after July 27, 2001 (the effective date of Public Act

3 92-176), and when the sentence is imposed for aggravated

4 driving under the influence of alcohol, other drug or drugs,

5 or intoxicating compound or compounds, or any combination

6 thereof as defined in subparagraph (C) of paragraph (1) of

7 subsection (d) of Section 11-501 of the Illinois Vehicle Code

8 committed on or after January 1, 2011 (the effective date of

9 Public Act 96-1230), the judge's statement, to be given after

10 pronouncing the sentence, shall include the following:

11 "The purpose of this statement is to inform the public of

12 the actual period of time this defendant is likely to spend in

13 prison as a result of this sentence. The actual period of

14 prison time served is determined by the statutes of Illinois

15 as applied to this sentence by the Illinois Department of

16 Corrections and the Illinois Prisoner Review Board. In this

17 case, the defendant is entitled to no more than 4 1/2 days of

18 sentence credit for each month of his or her sentence of

19 imprisonment. Therefore, this defendant will serve at least

20 85% of his or her sentence. Assuming the defendant receives 4

21 1/2 days credit for each month of his or her sentence, the

22 period of estimated actual custody is ... years and ...

23 months. If the defendant, because of his or her own misconduct

24 or failure to comply with the institutional regulations

25 receives lesser credit, the actual time served in prison will

26 be longer."

10400HB0850ham001

- 37 -

LRB104 04748 RLC 26929 a

1 When a sentence of imprisonment is imposed for first

2 degree murder and the offense was committed on or after June

3 19, 1998, the judge's statement, to be given after pronouncing

4 the sentence, shall include the following:

5 "The purpose of this statement is to inform the public of

6 the actual period of time this defendant is likely to spend in

7 prison as a result of this sentence. The actual period of

8 prison time served is determined by the statutes of Illinois

9 as applied to this sentence by the Illinois Department of

10 Corrections and the Illinois Prisoner Review Board. In this

11 case, the defendant is not entitled to sentence credit.

12 Therefore, this defendant will serve 100% of his or her

13 sentence."

14 When the sentencing order recommends placement in a

15 substance abuse program for any offense that results in

16 incarceration in a Department of Corrections facility and the

17 crime was committed on or after September 1, 2003 (the

18 effective date of Public Act 93-354), the judge's statement,

19 in addition to any other judge's statement required under this

20 Section, to be given after pronouncing the sentence, shall

21 include the following:

22 "The purpose of this statement is to inform the public of

23 the actual period of time this defendant is likely to spend in

24 prison as a result of this sentence. The actual period of

25 prison time served is determined by the statutes of Illinois

26 as applied to this sentence by the Illinois Department of

10400HB0850ham001

- 38 -

LRB104 04748 RLC 26929 a

1 Corrections and the Illinois Prisoner Review Board. In this

2 case, the defendant shall receive no earned sentence credit

3 under clause (3) of subsection (a) of Section 3-6-3 until he or

4 she participates in and completes a substance abuse treatment

5 program or receives a waiver from the Director of Corrections

6 pursuant to clause (4.5) of subsection (a) of Section 3-6-3."

7 (c-4) Before the sentencing hearing and as part of the

8 presentence investigation under Section 5-3-1, the court shall

9 inquire of the defendant whether the defendant is currently

10 serving in or is a veteran of the Armed Forces of the United

11 States. If the defendant is currently serving in the Armed

12 Forces of the United States or is a veteran of the Armed Forces

13 of the United States and has been diagnosed as having a mental

14 illness by a qualified psychiatrist or clinical psychologist

15 or physician, the court may:

16 (1) order that the officer preparing the presentence

17 report consult with the United States Department of

18 Veterans Affairs, Illinois Department of Veterans'

19 Affairs, or another agency or person with suitable

20 knowledge or experience for the purpose of providing the

21 court with information regarding treatment options

22 available to the defendant, including federal, State, and

23 local programming; and

24 (2) consider the treatment recommendations of any

25 diagnosing or treating mental health professionals

26 together with the treatment options available to the

10400HB0850ham001

- 39 -

LRB104 04748 RLC 26929 a

1 defendant in imposing sentence.

2 For the purposes of this subsection (c-4), "qualified

3 psychiatrist" means a reputable physician licensed in Illinois

4 to practice medicine in all its branches, who has specialized

5 in the diagnosis and treatment of mental and nervous disorders

6 for a period of not less than 5 years.

7 (c-6) In imposing a sentence, the trial judge shall

8 specify, on the record, the particular evidence and other

9 reasons which led to his or her determination that a motor

10 vehicle was used in the commission of the offense.

11 (c-7) In imposing a sentence for a Class 3 or 4 felony,

12 other than a violent crime as defined in Section 3 of the

13 Rights of Crime Victims and Witnesses Act, the court shall

14 determine and indicate in the sentencing order whether the

15 defendant has 4 or more or fewer than 4 months remaining on his

16 or her sentence accounting for time served.

17 (d) When the defendant is committed to the Department of

18 Corrections, the State's Attorney shall and counsel for the

19 defendant may file a statement with the clerk of the court to

20 be transmitted to the department, agency or institution to

21 which the defendant is committed to furnish such department,

22 agency or institution with the facts and circumstances of the

23 offense for which the person was committed together with all

24 other factual information accessible to them in regard to the

25 person prior to his commitment relative to his habits,

26 associates, disposition and reputation and any other facts and

10400HB0850ham001

- 40 -

LRB104 04748 RLC 26929 a

1 circumstances which may aid such department, agency or

2 institution during its custody of such person. The clerk shall

3 within 10 days after receiving any such statements transmit a

4 copy to such department, agency or institution and a copy to

5 the other party, provided, however, that this shall not be

6 cause for delay in conveying the person to the department,

7 agency or institution to which he has been committed.

8 (e) The clerk of the court shall transmit to the

9 department, agency or institution, if any, to which the

10 defendant is committed, the following:

11 (1) the sentence imposed;

12 (2) any statement by the court of the basis for

13 imposing the sentence;

14 (3) any presentence reports;

15 (3.3) the person's last known complete street address

16 prior to incarceration or legal residence, the person's

17 race, whether the person is of Hispanic or Latino origin,

18 and whether the person is 18 years of age or older;

19 (3.5) any sex offender evaluations;

20 (3.6) any substance abuse treatment eligibility

21 screening and assessment of the defendant by an agent

22 designated by the State of Illinois to provide assessment

23 services for the Illinois courts;

24 (4) the number of days, if any, which the defendant

25 has been in custody and for which he is entitled to credit

26 against the sentence, which information shall be provided

10400HB0850ham001

- 41 -

LRB104 04748 RLC 26929 a

1 to the clerk by the sheriff;

2 (4.1) any finding of great bodily harm made by the

3 court with respect to an offense enumerated in subsection

4 (c-1);

5 (5) all statements filed under subsection (d) of this

6 Section;

7 (6) any medical or mental health records or summaries

8 of the defendant;

9 (7) the municipality where the arrest of the offender

10 or the commission of the offense has occurred, where such

11 municipality has a population of more than 25,000 persons;

12 (8) all statements made and evidence offered under

13 paragraph (7) of subsection (a) of this Section; and

14 (9) all additional matters which the court directs the

15 clerk to transmit.

16 (f) In cases in which the court finds that a motor vehicle

17 was used in the commission of the offense for which the

18 defendant is being sentenced, the clerk of the court shall,

19 within 5 days thereafter, forward a report of such conviction

20 to the Secretary of State.

21 ~~(g) In cases in which the court finds that a firearm with a~~

22 ~~serial number reported as stolen on the Illinois State Police~~

23 ~~publicly accessible database was used in the commission of the~~

24 ~~offense for which the defendant is being sentenced, the clerk~~

25 ~~of the court shall, within 5 days thereafter, forward a report~~

26 ~~of such conviction to the Illinois State Police Division of~~

10400HB0850ham001

- 42 -

LRB104 04748 RLC 26929 a

1 ~~Justice Services.~~

2 (Source: P.A. 102-813, eff. 5-13-22; 103-18, eff. 1-1-24;

3 103-51, eff. 1-1-24; 103-605, eff. 7-1-24; 10400SB0008eng.)

4 Section 99. Effective date. This Act takes effect upon

5 becoming law, except that Sections 3 and 4 take effect on

6 January 1, 2026 and Section 6 takes effect upon becoming law or

7 on the date Senate Bill 8 of the 104th General Assembly takes

8 effect, whichever is later.".