Rep. Maura Hirschauer

Filed: 5/31/2026

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1 AMENDMENT TO SENATE BILL 3229

2 AMENDMENT NO. ______. Amend Senate Bill 3229 by replacing

3 everything after the enacting clause with the following:

4 "Section 1. References to Act. This Act may be referred to

5 as Jeff's Law.

6 Section 5. The Criminal Identification Act is amended by

7 changing Section 2.1 as follows:

8 (20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)

9 (Text of Section before amendment by P.A. 104-459)

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

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

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

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

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

15 submit certain criminal arrest, charge, and disposition

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1 information to the Illinois State Police for filing at the

2 earliest time possible. Unless otherwise noted herein, it

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

4 clerk of the circuit court, the Illinois Department of

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

6 Attorney of each county to report such information as provided

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

8 Illinois State Police and within 30 days of the criminal

9 history event. Specifically:

10 (a) Arrest Information. All agencies making arrests

11 for offenses which are required by statute to be

12 collected, maintained or disseminated by the Illinois

13 State Police shall be responsible for furnishing daily to

14 the Illinois State Police fingerprints, charges and

15 descriptions of all persons who are arrested for such

16 offenses. All such agencies shall also notify the Illinois

17 State Police of all decisions by the arresting agency not

18 to refer such arrests for prosecution. With approval of

19 the Illinois State Police, an agency making such arrests

20 may enter into arrangements with other agencies for the

21 purpose of furnishing daily such fingerprints, charges and

22 descriptions to the Illinois State Police upon its behalf.

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

24 county shall notify the Illinois State Police of all

25 charges filed and all petitions filed alleging that a

26 minor is delinquent, including all those added subsequent

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

2 in cases for which the Illinois State Police has received

3 information required to be reported pursuant to paragraph

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

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

6 with other agencies for the purpose of furnishing the

7 information required by this subsection (b) to the

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

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

10 court of each county shall furnish the Illinois State

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

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

13 Illinois State Police has received information required to

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

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

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

17 including the sentence pronounced by the court with

18 statutory citations to the relevant sentencing provision,

19 findings that a minor is delinquent and any sentence made

20 based on those findings, discharges and dismissals in the

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

22 the circuit court which reverse or remand a reported

23 conviction or findings that a minor is delinquent or that

24 vacate or modify a sentence or sentence made following a

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

26 date certain in furtherance of an order of supervision

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

2 Corrections or an order of probation granted under Section

3 10 of the Cannabis Control Act, Section 410 of the

4 Illinois Controlled Substances Act, Section 70 of the

5 Methamphetamine Control and Community Protection Act,

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

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

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

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

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

11 Section 5-615 of the Juvenile Court Act of 1987; (4)

12 judgments or court orders terminating or revoking a

13 sentence to or juvenile disposition of probation,

14 supervision or conditional discharge and any resentencing

15 or new court orders entered by a juvenile court relating

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

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

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

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

20 the case, whether the firearm was reported as stolen on

21 the Illinois State Police publicly accessible database, or

22 if the serial number was obliterated, as provided by the

23 State's Attorney to the clerk of the circuit court at the

24 time of disposition.

25 (d) Fingerprints After Sentencing.

26 (1) After the court pronounces sentence, sentences

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

2 be delinquent or issues an order of supervision or an

3 order of probation granted under Section 10 of the

4 Cannabis Control Act, Section 410 of the Illinois

5 Controlled Substances Act, Section 70 of the

6 Methamphetamine Control and Community Protection Act,

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

8 12-3.05 of the Criminal Code of 1961 or the Criminal

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

10 Alcoholism and Other Drug Dependency Act, Section

11 40-10 of the Substance Use Disorder Act, Section 10 of

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

13 Juvenile Court Act of 1987 for any offense which is

14 required by statute to be collected, maintained, or

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

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

17 law enforcement agency to fingerprint immediately all

18 persons appearing before the court who have not

19 previously been fingerprinted for the same case. The

20 court shall so order the requested fingerprinting, if

21 it determines that any such person has not previously

22 been fingerprinted for the same case. The law

23 enforcement agency shall submit such fingerprints to

24 the Illinois State Police daily.

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

26 disposition of a case following a finding of

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1 delinquency for any offense which is not required by

2 statute to be collected, maintained, or disseminated

3 by the Illinois State Police, the prosecuting attorney

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

5 fingerprint immediately all persons appearing before

6 the court who have not previously been fingerprinted

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

8 fingerprinting, if it determines that any so sentenced

9 person has not previously been fingerprinted for the

10 same case. The law enforcement agency may retain such

11 fingerprints in its files.

12 (e) Corrections Information. The Illinois Department

13 of Corrections and the sheriff of each county shall

14 furnish the Illinois State Police with all information

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

16 pardon, parole, commutation of sentence, granting of

17 executive clemency or discharge of an individual who has

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

19 any offenses which are mandated by statute to be

20 collected, maintained or disseminated by the Illinois

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

22 any such offense and who escapes from custody or dies

23 while in custody, all information concerning the receipt

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

25 be so furnished to the Illinois State Police.

26 (Source: P.A. 104-5, eff. 1-1-26.)

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1 (Text of Section after amendment by P.A. 104-459)

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

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

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

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

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

7 submit certain criminal arrest, charge, and disposition

8 information to the Illinois State Police for filing at the

9 earliest time possible. Unless otherwise noted herein, it

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

11 clerk of the circuit court, the Illinois Department of

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

13 Attorney of each county to report such information as provided

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

15 Illinois State Police and within 30 days of the criminal

16 history event. Specifically:

17 (a) Arrest Information. All agencies making arrests

18 for offenses which are required by statute to be

19 collected, maintained or disseminated by the Illinois

20 State Police shall be responsible for furnishing daily to

21 the Illinois State Police fingerprints, charges and

22 descriptions of all persons who are arrested for such

23 offenses. All such agencies shall also notify the Illinois

24 State Police of all decisions by the arresting agency not

25 to refer such arrests for prosecution. With approval of

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1 the Illinois State Police, an agency making such arrests

2 may enter into arrangements with other agencies for the

3 purpose of furnishing daily such fingerprints, charges and

4 descriptions to the Illinois State Police upon its behalf.

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

6 county shall notify the Illinois State Police of all

7 charges filed and all petitions filed alleging that a

8 minor is delinquent, including all those added subsequent

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

10 in cases for which the Illinois State Police has received

11 information required to be reported pursuant to paragraph

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

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

14 with other agencies for the purpose of furnishing the

15 information required by this subsection (b) to the

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

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

18 court of each county shall furnish the Illinois State

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

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

21 Illinois State Police has received information required to

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

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

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

25 including the sentence pronounced by the court with

26 statutory citations to the relevant sentencing provision,

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1 findings that a minor is delinquent and any sentence made

2 based on those findings, discharges and dismissals in the

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

4 the circuit court which reverse or remand a reported

5 conviction or findings that a minor is delinquent or that

6 vacate or modify a sentence or sentence made following a

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

8 date certain in furtherance of an order of supervision

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

10 Corrections or an order of probation granted under Section

11 10 of the Cannabis Control Act, Section 410 of the

12 Illinois Controlled Substances Act, Section 70 of the

13 Methamphetamine Control and Community Protection Act,

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

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

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

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

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

19 Section 5-615 of the Juvenile Court Act of 1987; (4)

20 judgments or court orders terminating or revoking a

21 sentence to or juvenile disposition of probation,

22 supervision or conditional discharge, judgment or court

23 orders of discharge from probation or conditional

24 discharge, and any resentencing or new court orders

25 entered by a juvenile court relating to the disposition of

26 a minor's case involving delinquency after such

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1 revocation; and (5) in any case in which a firearm is

2 alleged to have been used in the commission of an offense,

3 the serial number of any firearm involved in the case,

4 whether the firearm was reported as stolen on the Illinois

5 State Police publicly accessible database, or if the

6 serial number was obliterated, as provided by the State's

7 Attorney to the clerk of the circuit court at the time of

8 disposition. The Illinois State Police may provide reports

9 of cases with missing disposition information to the clerk

10 of the circuit court. Each clerk of the circuit court

11 receiving a report of cases with missing disposition

12 information shall respond within 30 days after receiving

13 the report unless the volume of records in the report

14 renders that timeline impracticable.

15 (d) Fingerprints After Sentencing.

16 (1) After the court pronounces sentence, sentences

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

18 be delinquent or issues an order of supervision or an

19 order of probation granted under Section 10 of the

20 Cannabis Control Act, Section 410 of the Illinois

21 Controlled Substances Act, Section 70 of the

22 Methamphetamine Control and Community Protection Act,

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

24 12-3.05 of the Criminal Code of 1961 or the Criminal

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

26 Alcoholism and Other Drug Dependency Act, Section

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1 40-10 of the Substance Use Disorder Act, Section 10 of

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

3 Juvenile Court Act of 1987 for any offense which is

4 required by statute to be collected, maintained, or

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

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

7 law enforcement agency to fingerprint immediately all

8 persons appearing before the court who have not

9 previously been fingerprinted for the same case. The

10 court shall so order the requested fingerprinting, if

11 it determines that any such person has not previously

12 been fingerprinted for the same case. The law

13 enforcement agency shall submit such fingerprints to

14 the Illinois State Police daily.

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

16 disposition of a case following a finding of

17 delinquency for any offense which is not required by

18 statute to be collected, maintained, or disseminated

19 by the Illinois State Police, the prosecuting attorney

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

21 fingerprint immediately all persons appearing before

22 the court who have not previously been fingerprinted

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

24 fingerprinting, if it determines that any so sentenced

25 person has not previously been fingerprinted for the

26 same case. The law enforcement agency may retain such

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1 fingerprints in its files.

2 (e) Corrections Information. The Illinois Department

3 of Corrections and the sheriff of each county shall

4 furnish the Illinois State Police with all information

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

6 pardon, parole, commutation of sentence, granting of

7 executive clemency or discharge of an individual who has

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

9 any offenses which are mandated by statute to be

10 collected, maintained or disseminated by the Illinois

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

12 any such offense and who escapes from custody or dies

13 while in custody, all information concerning the receipt

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

15 be so furnished to the Illinois State Police.

16 (f) Any entity required to report information

17 concerning criminal arrests, charges, and dispositions

18 pursuant to Section 2.1 or 5 of this Act shall respond to

19 any notice advising the entity of missing or incomplete

20 information or an error in the reporting of the

21 information as follows:

22 (1) Responses shall be made within 30 days after

23 the notice from the Illinois State Police unless the

24 volume of records in the report renders that timeline

25 impracticable.

26 (2) Responses shall include the missing or

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1 incomplete information, correction of the error or an

2 explanation detailing the reason the information

3 cannot be provided or corrected, and an estimated

4 timeframe for compliance.

5 (Source: P.A. 104-5, eff. 1-1-26; 104-459, eff. 6-1-26.)

6 Section 10. The Mental Health and Developmental

7 Disabilities Code is amended by changing Sections 6-103.2 and

8 6-103.3 as follows:

9 (405 ILCS 5/6-103.2)

10 Sec. 6-103.2. Developmental disability; notice. If a

11 person 14 years old or older is determined to be a person with

12 a developmental disability by a physician, clinical

13 psychologist, advanced practice psychiatric nurse, or

14 qualified examiner, the physician, clinical psychologist,

15 advanced practice psychiatric nurse, or qualified examiner

16 shall notify the Department of Human Services within 7 days of

17 making the determination that the person has a developmental

18 disability. The Department of Human Services shall immediately

19 update its records and information relating to mental health

20 and developmental disabilities, and if appropriate, shall

21 notify the Illinois State Police in a form and manner

22 prescribed by the Illinois State Police. Information disclosed

23 under this Section shall remain privileged and confidential,

24 and shall not be redisclosed, except as required under

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1 subsection (e) of Section 3.1 of the Firearm Owners

2 Identification Card Act, nor used for any other purpose. The

3 method of providing this information shall guarantee that the

4 information is not released beyond that which is necessary for

5 the purpose of this Section and shall be provided by rule by

6 the Department of Human Services. The identity of the person

7 reporting under this Section shall not be disclosed to the

8 subject of the report.

9 The physician, clinical psychologist, advanced practice

10 psychiatric nurse, or qualified examiner making the

11 determination and his or her employer may not be held

12 criminally, civilly, or professionally liable for making or

13 not making the notification required under this Section,

14 except for willful or wanton misconduct.

15 For purposes of this Section, "developmental disability"

16 means a disability which is attributable to any other

17 condition which results in impairment similar to that caused

18 by an intellectual disability and which requires services

19 similar to those required by intellectually disabled persons.

20 The disability must originate before the age of 18 years, be

21 expected to continue indefinitely, and constitute a

22 substantial disability. This disability results, in the

23 professional opinion of a physician, clinical psychologist,

24 advanced practice psychiatric nurse, or qualified examiner, in

25 significant functional limitations in 3 or more of the

26 following areas of major life activity:

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1 (i) self-care;

2 (ii) receptive and expressive language;

3 (iii) learning;

4 (iv) mobility; or

5 (v) self-direction.

6 "Determined to be a person with a developmental disability

7 by a physician, clinical psychologist, advanced practice

8 psychiatric nurse, or qualified examiner" means in the

9 professional opinion of the physician, clinical psychologist,

10 advanced practice psychiatric nurse, or qualified examiner, a

11 person, with whom the physician, clinical psychologist,

12 advanced practice psychiatric nurse, or qualified examiner has

13 a formal relationship in his or her professional or official

14 capacity, is diagnosed, assessed, or evaluated as having a

15 developmental disability.

16 (Source: P.A. 104-270, eff. 8-15-25.)

17 (405 ILCS 5/6-103.3)

18 Sec. 6-103.3. Clear and present danger; notice. If a

19 person is determined to pose a clear and present danger to

20 himself, herself, or to others by a physician, clinical

21 psychologist, advanced practice psychiatric nurse, or

22 qualified examiner, whether employed by the State, by any

23 public or private mental health facility or part thereof, or

24 by a law enforcement official or a school administrator, then

25 the physician, clinical psychologist, advanced practice

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1 psychiatric nurse, or qualified examiner shall notify the

2 Department of Human Services and a law enforcement official or

3 school administrator shall notify the Illinois State Police,

4 within 24 hours of making the determination that the person

5 poses a clear and present danger. The Department of Human

6 Services shall immediately update its records and information

7 relating to mental health and developmental disabilities, and

8 if appropriate, shall notify the Illinois State Police in a

9 form and manner prescribed by the Illinois State Police.

10 Information disclosed under this Section shall remain

11 privileged and confidential, and shall not be redisclosed,

12 except as required under subsection (e) of Section 3.1 of the

13 Firearm Owners Identification Card Act, nor used for any other

14 purpose. The method of providing this information shall

15 guarantee that the information is not released beyond that

16 which is necessary for the purpose of this Section and shall be

17 provided by rule by the Department of Human Services.

18 Notwithstanding any other provision of this Act or any other

19 law to the contrary, the ~~The~~ identity of the person reporting

20 under this Section shall not be disclosed to the subject of the

21 report unless ordered by the Firearm Owner's Identification

22 Card Review Board or a court with appropriate jurisdiction in

23 accordance with Section 10 of the Firearm Owners

24 Identification Card Act. The physician, clinical psychologist,

25 advanced practice psychiatric nurse, qualified examiner, law

26 enforcement official, or school administrator making the

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1 determination and his or her employer shall not be held

2 criminally, civilly, or professionally liable for making or

3 not making the notification required under this Section,

4 except for willful or wanton misconduct. The Department of

5 Human Services and its employees or agents shall not be held

6 liable for damages in any civil action arising from the

7 disclosure or nondisclosure of the information released to an

8 individual in accordance with Section 10 of the Firearm Owners

9 Identification Card Act, except for willful and wanton

10 misconduct. This Section does not apply to a law enforcement

11 official, if making the notification under this Section will

12 interfere with an ongoing or pending criminal investigation.

13 For the purposes of this Section:

14 "Clear and present danger" has the meaning ascribed to

15 it in Section 1.1 of the Firearm Owners Identification

16 Card Act.

17 "Determined to pose a clear and present danger to

18 himself, herself, or to others by a physician, clinical

19 psychologist, advanced practice psychiatric nurse, or

20 qualified examiner" means in the professional opinion of

21 the physician, clinical psychologist, advanced practice

22 psychiatric nurse, or qualified examiner, a person, with

23 whom the physician, psychologist, nurse, or examiner has a

24 formal relationship in his or her official capacity, poses

25 a clear and present danger.

26 "School administrator" means the person required to

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1 report under the School Administrator Reporting of Mental

2 Health Clear and Present Danger Determinations Law.

3 (Source: P.A. 104-270, eff. 8-15-25.)

4 Section 15. The Firearm Owners Identification Card Act is

5 amended by changing Sections 1.1, 8, and 10 as follows:

6 (430 ILCS 65/1.1)

7 Sec. 1.1. For purposes of this Act:

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

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

10 possession of cannabis, a controlled substance, or

11 methamphetamine within the past year; or

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

13 addicted to narcotics based upon federal law or federal

14 guidelines.

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

16 of a prescribed controlled substance under the direction and

17 authority of a physician or other person authorized to

18 prescribe the controlled substance when the controlled

19 substance is used in the prescribed manner.

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

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

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

23 result of marked subnormal intelligence, or mental illness,

24 mental impairment, incompetency, condition, or disease:

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

2 herself, or to others;

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

4 affairs or is adjudicated a person with a disability as

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

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

7 insanity, mental disease or defect;

8 (3.5) is guilty but mentally ill, as provided in

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

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

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

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

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

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

15 of Section 5 of the Sexually Violent Persons Commitment

16 Act;

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

18 Dangerous Persons Act;

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

20 Act of 1987;

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

22 Juvenile Court Act of 1987;

23 (10) is subject to involuntary admission as an

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

25 and Developmental Disabilities Code;

26 (11) is subject to involuntary admission as an

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

2 Health and Developmental Disabilities Code;

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

4 Section 4-500 of the Mental Health and Developmental

5 Disabilities Code; or

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

7 Agreements on Sexually Dangerous Persons Act.

8 "Advanced practice psychiatric nurse" has the meaning

9 ascribed to that term in Section 1-101.3 of the Mental Health

10 and Developmental Disabilities Code.

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, advanced practice psychiatric

17 nurse, or qualified examiner; or

18 (2) demonstrates threatening physical or verbal

19 behavior, such as violent, suicidal, or assaultive

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

21 physician, clinical psychologist, advanced practice

22 psychiatric nurse, qualified examiner, school

23 administrator, or law enforcement official.

24 "Clinical psychologist" has the meaning provided in

25 Section 1-103 of the Mental Health and Developmental

26 Disabilities Code.

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1 "Collateral records" means (1) any medical records related

2 to the patient's current and past clinical or mental status

3 and history from the last 5 years from all current and prior

4 physicians, qualified examiners, clinical psychologists,

5 advanced practice psychiatric nurses, or any other individuals

6 who provided health care services, as that term is defined in

7 the Managed Care Reform and Patient Rights Act, to the patient

8 and (2) correspondence or other communication between the FOID

9 reinstatement mental health evaluator and the patient's

10 current and prior physicians, qualified examiners, clinical

11 psychologists, advanced practice psychiatric nurses, or any

12 other individuals who provided health care services, as that

13 term is defined in the Managed Care Reform and Patient Rights

14 Act, to the patient, if any.

15 "Controlled substance" means a controlled substance or

16 controlled substance analog as defined in the Illinois

17 Controlled Substances Act.

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

19 authority, with intent to deceive.

20 "Department of Financial and Professional

21 Regulation-approved continuing education sponsor" means a

22 person, firm, association, corporation, or any other group

23 that is approved by the Department of Financial and

24 Professional Regulation to coordinate and present continuing

25 education courses or programs.

26 "Developmental disability" means a severe, chronic

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1 disability of an individual that:

2 (1) is attributable to a mental or physical impairment

3 or combination of mental and physical impairments;

4 (2) is manifested before the individual attains age

5 22;

6 (3) is likely to continue indefinitely;

7 (4) results in substantial functional limitations in 3

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

9 (A) Self-care.

10 (B) Receptive and expressive language.

11 (C) Learning.

12 (D) Mobility.

13 (E) Self-direction.

14 (F) Capacity for independent living.

15 (G) Economic self-sufficiency; and

16 (5) reflects the individual's need for a combination

17 and sequence of special, interdisciplinary, or generic

18 services, individualized supports, or other forms of

19 assistance that are of lifelong or extended duration and

20 are individually planned and coordinated.

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

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

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

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

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

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

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1 however:

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

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

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

5 muzzle velocity of less than 700 feet per second;

6 (1.1) any pneumatic gun, spring gun, paint ball gun,

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

8 washable marking colors;

9 (2) any device used exclusively for signaling or

10 safety and required or recommended by the United States

11 Coast Guard or the Interstate Commerce Commission;

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

13 cartridges, explosive rivets or similar industrial

14 ammunition; and

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

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

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

18 value, design, and other characteristics is primarily a

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

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

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

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

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

24 device used exclusively for signaling or safety and

25 required or recommended by the United States Coast Guard

26 or the Interstate Commerce Commission; and

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

2 stud or rivet driver or other similar industrial

3 ammunition.

4 "FOID reinstatement mental health evaluation" means a

5 mental health evaluation performed for the purpose of Firearm

6 Owner's Identification Card reinstatement by a FOID

7 reinstatement mental health evaluator during at least 2 office

8 visits on separate, nonconsecutive days, with no more than one

9 office visit conducted by telehealth means, subject to the

10 professional discretion of the FOID reinstatement mental

11 health evaluator conducting the FOID reinstatement mental

12 health evaluation. "FOID reinstatement mental health

13 evaluation" includes a mental health evaluation that may

14 require more than 2 office visits, subject to the professional

15 discretion of the FOID reinstatement mental health evaluator

16 conducting the FOID reinstatement mental health evaluation.

17 "FOID reinstatement mental health evaluator" means an

18 individual who:

19 (1) is a qualified examiner, a licensed clinical

20 psychologist under the Clinical Psychologist Licensing

21 Act, a licensed advanced practice psychiatric nurse under

22 the Nurse Practice Act, or a physician licensed to

23 practice medicine in all its branches under the Medical

24 Practice Act of 1987 who is board-certified in psychiatry

25 by the American Board of Psychiatry and Neurology or the

26 American Osteopathic Board of Neurology and Psychiatry;

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1 (2) starting July 1, 2027, has successfully completed

2 at least 3 hours of continuing education since the date of

3 the individual's initial licensing or license renewal,

4 whichever is most recent, provided by a Department of

5 Financial and Professional Regulation-approved continuing

6 education sponsor, that included education regarding

7 suicide prevention and trauma evaluation;

8 (3) starting July 1, 2027, has successfully completed

9 within the prior calendar year joint training presented by

10 the Department of Human Services on mental health

11 reporting under this Act and by the Illinois State Police

12 on the issuance, revocation, and reinstatement of Firearm

13 Owner's Identification Cards under this Act; and

14 (4) maintains a practice location within the State of

15 Illinois or is authorized to provide telehealth services

16 to Illinois residents in compliance with Illinois law.

17 "FOID reinstatement mental health evaluator" does not

18 include an individual practicing in Illinois under temporary

19 practice authority, reciprocity provisions, interstate compact

20 provisions, or any other mechanism that does not constitute

21 full Illinois licensure.

22 "Gun show" means an event or function:

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

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

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

26 transfer, or exchange; or

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

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

3 exchange firearms.

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

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

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

7 transfer, or exchange of firearms as described in this

8 Section. Nothing in this definition shall be construed to

9 exclude a gun show held in conjunction with competitive

10 shooting events at the World Shooting Complex sanctioned by a

11 national governing body in which the sale or transfer of

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

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

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

15 include training or safety classes, competitive shooting

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

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

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

19 not the primary course of business.

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

21 operates a gun show.

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

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

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

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

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

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1 "Intellectual disability" means significantly subaverage

2 general intellectual functioning, existing concurrently with

3 deficits in adaptive behavior and manifested during the

4 developmental period, which is defined as before the age of

5 22, that adversely affects a child's educational performance.

6 "Involuntarily admitted" has the meaning as prescribed in

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

8 Developmental Disabilities Code.

9 "Mental health facility" means any licensed private

10 hospital or hospital affiliate, institution, or facility, or

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

12 the State or a political subdivision thereof which provides

13 treatment of persons with mental illness and includes all

14 hospitals, institutions, clinics, evaluation facilities,

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

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

17 treatment of persons with mental illness whether or not the

18 primary purpose is to provide treatment of persons with mental

19 illness.

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

21 adopt rules and formulate policy on behalf of a national

22 firearm sporting organization.

23 "Noncitizen" means a person who is not a citizen of the

24 United States, but is a person who is a foreign-born person who

25 lives in the United States, has not been naturalized, and is

26 still a citizen of a foreign country.

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1 "Patient" means:

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

3 resident of a public or private mental health facility for

4 mental health treatment under Chapter III of the Mental

5 Health and Developmental Disabilities Code as an informal

6 admission, a voluntary admission, a minor admission, an

7 emergency admission, or an involuntary admission, unless

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

9 (2) a person who voluntarily or involuntarily receives

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

11 provided services by a public or private mental health

12 facility and who poses a clear and present danger to

13 himself, herself, or others.

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

15 the Mental Health and Developmental Disabilities Code.

16 "Protective order" means any orders of protection issued

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

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

19 civil no contact orders issued under the Civil No Contact

20 Order Act, and firearms restraining orders issued under the

21 Firearms Restraining Order Act or a substantially similar

22 order issued by the court of another state, tribe, or United

23 States territory or military judge.

24 "Qualified examiner" has the meaning provided in Section

25 1-122 of the Mental Health and Developmental Disabilities

26 Code.

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1 "Sanctioned competitive shooting event" means a shooting

2 contest officially recognized by a national or state shooting

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

4 conducted in conjunction with the event.

5 "School administrator" means the person required to report

6 under the School Administrator Reporting of Mental Health

7 Clear and Present Danger Determinations Law.

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

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

10 (Source: P.A. 103-154, eff. 6-30-23; 103-407, eff. 7-28-23;

11 104-270, eff. 8-15-25.)

12 (430 ILCS 65/8)

13 Sec. 8. Grounds for denial and revocation. The Illinois

14 State Police has authority to deny an application for or to

15 revoke and seize a Firearm Owner's Identification Card

16 previously issued under this Act only if the Illinois State

17 Police finds that the applicant or the person to whom such card

18 was issued is or was at the time of issuance:

19 (a) A person under 21 years of age who has been

20 convicted of a misdemeanor other than a traffic offense or

21 adjudged delinquent;

22 (b) This subsection (b) applies through the 180th day

23 following July 12, 2019 (the effective date of Public Act

24 101-80). A person under 21 years of age who does not have

25 the written consent of his parent or guardian to acquire

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1 and possess firearms and firearm ammunition, or whose

2 parent or guardian has revoked such written consent, or

3 where such parent or guardian does not qualify to have a

4 Firearm Owner's Identification Card;

5 (b-5) This subsection (b-5) applies on and after the

6 181st day following July 12, 2019 (the effective date of

7 Public Act 101-80). A person under 21 years of age who is

8 not an active duty member of the United States Armed

9 Forces or the Illinois National Guard and does not have

10 the written consent of his or her parent or guardian to

11 acquire and possess firearms and firearm ammunition, or

12 whose parent or guardian has revoked such written consent,

13 or where such parent or guardian does not qualify to have a

14 Firearm Owner's Identification Card;

15 (c) A person convicted of a felony under the laws of

16 this or any other jurisdiction;

17 (d) A person addicted to narcotics;

18 (e) A person who has been a patient of a mental health

19 facility within the past 5 years or a person who has been a

20 patient in a mental health facility more than 5 years ago

21 who has not received the certification required under

22 subsection (u) of this Section. An active law enforcement

23 officer employed by a unit of government or a Department

24 of Corrections employee authorized to possess firearms who

25 is denied, revoked, or has his or her Firearm Owner's

26 Identification Card seized under this subsection (e) may

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1 obtain relief as described in subsection (c-5) of Section

2 10 of this Act if the officer or employee did not act in a

3 manner threatening to the officer or employee, another

4 person, or the public as determined by the treating

5 clinical psychologist or physician, and the officer or

6 employee seeks mental health treatment;

7 (f) A person whose mental condition is of such a

8 nature that it poses a clear and present danger to the

9 applicant, any other person or persons, or the community;

10 (g) A person who has an intellectual disability;

11 (h) A person who intentionally makes a false statement

12 in the Firearm Owner's Identification Card application or

13 endorsement affidavit;

14 (i) A noncitizen who is unlawfully present in the

15 United States under the laws of the United States;

16 (i-5) A noncitizen who has been admitted to the United

17 States under a non-immigrant visa (as that term is defined

18 in Section 101(a)(26) of the Immigration and Nationality

19 Act (8 U.S.C. 1101(a)(26))), except that this subsection

20 (i-5) does not apply to any noncitizen who has been

21 lawfully admitted to the United States under a

22 non-immigrant visa if that noncitizen is:

23 (1) admitted to the United States for lawful

24 hunting or sporting purposes;

25 (2) an official representative of a foreign

26 government who is:

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1 (A) accredited to the United States Government

2 or the Government's mission to an international

3 organization having its headquarters in the United

4 States; or

5 (B) en route to or from another country to

6 which that noncitizen is accredited;

7 (3) an official of a foreign government or

8 distinguished foreign visitor who has been so

9 designated by the Department of State;

10 (4) a foreign law enforcement officer of a

11 friendly foreign government entering the United States

12 on official business; or

13 (5) one who has received a waiver from the

14 Attorney General of the United States pursuant to 18

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

16 (j) (Blank);

17 (k) A person who has been convicted within the past 5

18 years of battery, assault, aggravated assault, violation

19 of an order of protection, or a substantially similar

20 offense in another jurisdiction, in which a firearm was

21 used or possessed;

22 (l) A person who has been convicted of domestic

23 battery, aggravated domestic battery, or a substantially

24 similar offense in another jurisdiction committed before,

25 on or after January 1, 2012 (the effective date of Public

26 Act 97-158). If the applicant or person who has been

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1 previously issued a Firearm Owner's Identification Card

2 under this Act knowingly and intelligently waives the

3 right to have an offense described in this paragraph (l)

4 tried by a jury, and by guilty plea or otherwise, results

5 in a conviction for an offense in which a domestic

6 relationship is not a required element of the offense but

7 in which a determination of the applicability of 18 U.S.C.

8 922(g)(9) is made under Section 112A-11.1 of the Code of

9 Criminal Procedure of 1963, an entry by the court of a

10 judgment of conviction for that offense shall be grounds

11 for denying an application for and for revoking and

12 seizing a Firearm Owner's Identification Card previously

13 issued to the person under this Act;

14 (m) (Blank);

15 (n) A person who is prohibited from acquiring or

16 possessing firearms or firearm ammunition by any Illinois

17 State statute or by federal law;

18 (o) A minor subject to a petition filed under Section

19 5-520 of the Juvenile Court Act of 1987 alleging that the

20 minor is a delinquent minor for the commission of an

21 offense that if committed by an adult would be a felony;

22 (p) An adult who had been adjudicated a delinquent

23 minor under the Juvenile Court Act of 1987 for the

24 commission of an offense that if committed by an adult

25 would be a felony;

26 (q) A person who is not a resident of the State of

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1 Illinois, except as provided in subsection (a-10) of

2 Section 4;

3 (r) A person who has been adjudicated as a person with

4 a mental disability;

5 (s) A person who has been found to have a

6 developmental disability;

7 (t) A person involuntarily admitted into a mental

8 health facility;

9 (u) A person who has had his or her Firearm Owner's

10 Identification Card revoked or denied under subsection (e)

11 of this Section or item (iv) of paragraph (2) of

12 subsection (a) of Section 4 of this Act because he or she

13 was a patient in a mental health facility as provided in

14 subsection (e) of this Section, shall not be permitted to

15 obtain a Firearm Owner's Identification Card, after the

16 5-year period has lapsed, unless he or she has received a

17 FOID reinstatement mental health evaluation ~~mental health~~

18 ~~evaluation~~ by a FOID reinstatement mental health evaluator

19 ~~physician, clinical psychologist, advanced practice~~

20 ~~psychiatric nurse, or qualified examiner as those terms~~

21 ~~are defined in the Mental Health and Developmental~~

22 ~~Disabilities Code,~~ and ~~has received~~ a certification that

23 he or she is not a clear and present danger to himself,

24 herself, or others. The FOID reinstatement mental health

25 evaluator shall provide the person seeking a FOID

26 reinstatement mental health evaluation written notice

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1 that, upon completion of the FOID reinstatement mental

2 health evaluation, the results will be sent to the

3 Illinois State Police regardless of outcome. To receive a

4 FOID reinstatement mental health evaluation, a person must

5 provide written consent for the evaluation and for the

6 results to be disclosed to the Illinois State Police. The

7 person receiving a FOID reinstatement mental health

8 evaluation shall provide, or approve the sharing of, all

9 collateral records to the FOID reinstatement mental health

10 evaluator making the certification, and the person shall

11 attest, by signature, that all collateral records have

12 been provided to the FOID reinstatement mental health

13 evaluator before the FOID reinstatement mental health

14 evaluation. The FOID reinstatement mental health

15 evaluator, as part of the certification, shall attest that

16 the FOID reinstatement mental health evaluator has

17 requested, received, reviewed, and considered all of the

18 person's collateral records known to the FOID

19 reinstatement mental health evaluator in making the

20 determination that the person is not a clear and present

21 danger to self or others. In addition, the FOID

22 reinstatement mental health evaluator shall identify the

23 types of collateral records received. The FOID

24 reinstatement mental health evaluator shall not redisclose

25 information contained in the collateral records. If no

26 collateral records are obtained, the FOID reinstatement

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1 mental health evaluator must document the efforts used to

2 obtain the collateral records. The FOID reinstatement

3 mental health evaluator ~~physician, clinical psychologist,~~

4 ~~advanced practice psychiatric nurse, or qualified examiner~~

5 ~~making the certification~~ and his or her employer shall not

6 be held criminally, civilly, or professionally liable for

7 making or not making the certification required under this

8 subsection, except for willful or wanton misconduct. This

9 subsection does not apply to a person whose firearm

10 possession rights have been restored through

11 administrative or judicial action under Section 10 or 11

12 of this Act. The results of all FOID reinstatement mental

13 health evaluations that are performed under this

14 subsection (u) on or after the effective date of this

15 amendatory Act of the 104th General Assembly shall be

16 transmitted to the Illinois State Police, and a copy shall

17 be shared with the person who received the FOID

18 reinstatement mental health evaluation. A FOID

19 reinstatement mental health evaluator who complies with

20 the requirements of this subsection and documents

21 reasonable attempts to obtain collateral records shall not

22 be subject to professional discipline, civil liability, or

23 criminal liability based on: (1) the person's failure to

24 disclose all treatment history; (2) the existence of

25 collateral records that were not identified by the person

26 and not discovered through the FOID reinstatement mental

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1 health evaluator's documented reasonable attempts; or (3)

2 the FOID reinstatement mental health evaluator's

3 determination that was made in good faith based on

4 information available at the time of the evaluation, even

5 if additional records are later discovered. This liability

6 protection shall not apply in cases of willful or wanton

7 misconduct. To confirm that an individual is qualified to

8 perform FOID reinstatement mental health evaluations under

9 this subsection as a FOID reinstatement mental health

10 evaluator, the Illinois State Police shall have access to

11 a FOID reinstatement mental health evaluator's licensure

12 status from the Department of Financial and Professional

13 Regulation, and the FOID reinstatement mental health

14 evaluator shall provide all other records or documentation

15 establishing eligibility to perform such an evaluation

16 consistent with Section 1.1 with every FOID reinstatement

17 mental health evaluation completed; or

18 (v) A person who fails 2 or more times to report a loss

19 or theft of a firearm within 48 hours of the discovery of

20 such loss or theft to local law enforcement as required

21 under subsection (a) of Section 24-4.1 of the Criminal

22 Code of 2012.

23 (w) A person who has previously submitted an affidavit

24 or written consent for another individual to obtain a

25 Firearm Owner's Identification Card pursuant to Section 4

26 of this Act if the person is then convicted of or pleads

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1 guilty to conduct that demonstrates the person knew or

2 should have known it was unreasonable to provide consent

3 for the individual to possess a Firearm Owner's

4 Identification Card or a firearm.

5 Upon revocation of a person's Firearm Owner's

6 Identification Card, the Illinois State Police shall provide

7 notice to the person and the person shall comply with Section

8 9.5 of this Act.

9 (Source: P.A. 104-31, eff. 1-1-26; 104-270, eff. 8-15-25;

10 revised 11-21-25.)

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 suspended or revoked as provided for in Section 8, 8.2, or 8.3

17 of this Act, upon complying with the requirements of Section

18 9.5 of the Act, the aggrieved party may (1) file a record

19 challenge with the Director regarding the record upon which

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

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

22 appeal to the Director of the Illinois State Police through

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

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

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

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

2 felony, stalking, aggravated stalking, domestic battery, any

3 violation of the Illinois Controlled Substances Act, the

4 Methamphetamine Control and Community Protection Act, or the

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

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

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

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

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

10 aggrieved party may petition the circuit court in writing in

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

12 from such denial or revocation.

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

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

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

16 the circuit court and except when the applicant is challenging

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

18 as provided in subsection (a-10).

19 (0.05) In furtherance of the policy of this Act that

20 the Board shall exercise its powers and duties in an

21 independent manner, subject to the provisions of this Act

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

23 other agency or department of State government. All

24 expenses and liabilities incurred by the Board in the

25 performance of its responsibilities hereunder shall be

26 paid from funds which shall be appropriated to the Board

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1 by the General Assembly for the ordinary and contingent

2 expenses of the Board.

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

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

5 with 3 members residing within the First Judicial District

6 and one member residing within each of the 4 remaining

7 Judicial Districts. No more than 4 members shall be

8 members of the same political party. The Governor shall

9 designate one member as the chairperson. The members shall

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

11 behavioral sciences, law enforcement, or community affairs

12 or in a combination of those areas.

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

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

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

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

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

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

19 with terms expiring on the second Monday in January

20 immediately following the expiration of their terms and

21 every 4 years thereafter. Members may be reappointed.

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

23 same manner as the original appointment, for the remainder

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

25 for incompetence, neglect of duty, malfeasance, or

26 inability to serve. Members shall receive compensation in

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1 an amount equal to the compensation of members of the

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

3 shall be compensated from appropriations provided to the

4 Comptroller for this purpose. Members may be reimbursed,

5 from funds appropriated for such a purpose, for reasonable

6 expenses actually incurred in the performance of their

7 Board duties. The Illinois State Police shall designate an

8 employee to serve as Executive Director of the Board and

9 provide logistical and administrative assistance to the

10 Board.

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

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

13 consider appeals of decisions made with respect to

14 applications for a Firearm Owner's Identification Card

15 under this Act. If necessary to ensure the participation

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

17 in a Board meeting by electronic communication. Any member

18 participating electronically shall be deemed present for

19 purposes of establishing a quorum and voting.

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

21 appeals and the conduct of hearings. The Board shall

22 maintain a record of its decisions and all materials

23 considered in making its decisions. All Board decisions

24 and voting records shall be kept confidential and all

25 materials considered by the Board shall be exempt from

26 inspection except upon order of a court.

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

2 the materials received concerning the denial or revocation

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

4 members, the Board may request additional information from

5 the Illinois State Police or the applicant or the

6 testimony of the Illinois State Police or the applicant.

7 The Board may require that the applicant submit electronic

8 fingerprints to the Illinois State Police for an updated

9 background check if the Board determines it lacks

10 sufficient information to determine eligibility. The Board

11 may consider information submitted by the Illinois State

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

13 Board shall review each denial or revocation and determine

14 by a majority of members whether an applicant should be

15 granted relief under subsection (c).

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

17 The Board shall issue a decision within 45 days of

18 receiving all completed appeal documents from the Illinois

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

20 not issue a decision within 45 days if:

21 (A) the Board requests information from the

22 applicant, including, but not limited to, electronic

23 fingerprints to be submitted to the Illinois State

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

25 subsection, in which case the Board shall make a

26 decision within 30 days of receipt of the required

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1 information from the applicant;

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

3 Board additional time to consider an appeal; or

4 (C) the Board notifies the applicant and the

5 Illinois State Police that the Board needs an

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

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

8 The Board's notification to the applicant and the

9 Illinois State Police shall include an explanation for

10 the extension.

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

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

13 notify the applicant and the Illinois State Police that

14 relief has been granted and the Illinois State Police

15 shall issue the Card.

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

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

18 subject to the Freedom of Information Act.

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

20 the General Assembly on the number of appeals received and

21 provide details of the circumstances in which the Board

22 has determined to deny Firearm Owner's Identification

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

24 contain any identifying information about the applicants.

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

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

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1 rather does not believe the applicant is appropriately denied

2 or revoked and is challenging the record upon which the

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

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

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

6 applicant shall file such challenge with the Director. The

7 Director shall render a decision within 60 business days of

8 receipt of all information supporting the challenge. The

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

10 record challenge.

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

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

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

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

15 the court shall determine whether substantial justice has been

16 done. Should the court determine that substantial justice has

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

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

19 shall not issue the order if the petitioner is otherwise

20 prohibited from obtaining, possessing, or using a firearm

21 under federal law.

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

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

24 acquiring a Firearm Owner's Identification Card under Section

25 8 of this Act may apply to the Firearm Owner's Identification

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

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1 where the petitioner resides, whichever is applicable in

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

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

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

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

6 (0.05) when in the circuit court, the State's Attorney

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

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

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

10 opportunity to present evidence and object to the

11 petition;

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

13 felony under the laws of this State or any other

14 jurisdiction within 20 years of the applicant's

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

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

17 of imprisonment imposed in relation to that conviction;

18 (2) the circumstances regarding a criminal conviction,

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

20 reputation are such that the applicant will not be likely

21 to act in a manner dangerous to public safety;

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

23 public interest; and

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

25 law.

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

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1 unit of government or a Department of Corrections employee

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

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

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

5 Firearm Owner's Identification Card Review Board requesting

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

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

8 public as determined by the treating clinical psychologist or

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

10 the employer for or voluntarily seeks mental health evaluation

11 or treatment by a licensed clinical psychologist,

12 psychiatrist, advanced practice psychiatric nurse, or

13 qualified examiner, and:

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

15 involuntarily at a mental health facility, regardless of

16 the length of admission; or has not been voluntarily

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

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

19 and

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

21 institution against medical advice.

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

23 shall grant expedited relief to active law enforcement

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

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

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

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

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

3 days of receipt of:

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

5 in the form prescribed by the Board detailing the

6 circumstances that led to the hospitalization;

7 (B) all documentation regarding the admission,

8 evaluation, treatment and discharge from the treating

9 licensed clinical psychologist or psychiatrist of the

10 officer;

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

12 person completed after the time of discharge; and

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

14 Board from the treating licensed clinical psychologist or

15 psychiatrist that the provisions set forth in paragraph

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

17 successfully completed treatment, and their professional

18 opinion regarding the person's ability to possess

19 firearms.

20 (3) Officers and employees eligible for the expedited

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

22 burden of proof on eligibility and must provide all

23 information required. The Board may not consider granting

24 expedited relief until the proof and information is received.

25 (4) "Clinical psychologist", "psychiatrist", "advanced

26 practice psychiatric nurse", and "qualified examiner" shall

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1 have the same meaning as provided in Chapter I of the Mental

2 Health and Developmental Disabilities Code.

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

4 Identification Card Review Board shall establish a process by

5 which any person who is subject to the provisions of

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

7 review from the Firearm Owner's Identification Card Review

8 Board.

9 (A) The Board shall disclose to an individual

10 requesting an expedited review any information relating to

11 the individual that was provided by the Department under

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

13 (B) The individual requesting expedited review may

14 submit to the Firearm Owner's Identification Card Review

15 Board an objection to any redaction made pursuant to

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

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

18 individual's belief that the redacted information is

19 necessary for a full and fair review.

20 (C) In determining whether information should be

21 unredacted, the Board may consider any relevant factor,

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

23 disclosure of such information is necessary to provide the

24 individual with a meaningful opportunity to understand,

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

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

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

2 reporter of such information.

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

4 and agents of the Board and Illinois State Police

5 participating in this process under this Act shall not be

6 held liable for damages in any civil action arising from

7 the disclosure or non-disclosure of the information

8 released to an individual as part of this process.

9 (c-10) (1) An applicant, 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 based upon a

12 determination of a developmental disability or an intellectual

13 disability may apply to the Firearm Owner's Identification

14 Card Review Board requesting relief.

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

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

17 prescribed by the Board, from a physician or clinical

18 psychologist, advanced practice psychiatric nurse, or

19 qualified examiner, that the aggrieved party's developmental

20 disability or intellectual disability condition is determined

21 by a physician, clinical psychologist, advanced practice

22 psychiatric nurse, or qualified examiner, to be mild. If a

23 fact-finding conference is scheduled to obtain additional

24 information concerning the circumstances of the denial or

25 revocation, the 60 business days the Director has to act shall

26 be tolled until the completion of the fact-finding conference.

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

2 developmental disability or intellectual disability is mild as

3 determined by a physician, clinical psychologist, advanced

4 practice psychiatric nurse, or qualified examiner and it is

5 established by the applicant to the Board's satisfaction that:

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

7 public interest; and

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

9 law.

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

11 determined by a physician, clinical psychologist, advanced

12 practice psychiatric nurse, or qualified examiner to be

13 moderate, severe, or profound.

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

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

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

17 60-day period for the Director to act on requests pending

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

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

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

21 considered by the Board.

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

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

24 shall notify the Illinois State Police.

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

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

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1 person who has been adjudicated delinquent for an offense that

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

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

4 adjudication of delinquency and the court determines that the

5 applicant should be granted relief from disability to obtain a

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

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

8 the disability has been removed and that the applicant is

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

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

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

12 of 1968 because of an adjudication or commitment that occurred

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

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

15 Section 8 of this Act may apply to the Board requesting relief

16 from that prohibition. The Board shall grant the relief if it

17 is established by a preponderance of the evidence that the

18 person will not be likely to act in a manner dangerous to

19 public safety and that granting relief would not be contrary

20 to the public interest. In making this determination, the

21 Board shall receive evidence concerning (i) the circumstances

22 regarding the firearms disabilities from which relief is

23 sought; (ii) the petitioner's mental health and criminal

24 history records, if any; (iii) the petitioner's reputation,

25 developed at a minimum through character witness statements,

26 testimony, or other character evidence; and (iv) changes in

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1 the petitioner's condition or circumstances since the

2 disqualifying events relevant to the relief sought.

3 Notwithstanding any other provision of this Act or any other

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

5 the Board or any court with jurisdiction with all records

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

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

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

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

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

11 Illinois State Police makes available to the National Instant

12 Criminal Background Check System and notify the United States

13 Attorney General that the basis for the record being made

14 available no longer applies. The Illinois State Police shall

15 adopt rules for the administration of this Section.

16 (Source: P.A. 103-605, eff. 7-1-24; 104-5, eff. 6-16-25;

17 104-270, eff. 8-15-25; revised 9-12-25.)

18 Section 20. The Mental Health and Developmental

19 Disabilities Confidentiality Act is amended by changing

20 Section 12 as follows:

21 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)

22 Sec. 12. (a) If the United States Secret Service or the

23 Illinois State Police requests information from a mental

24 health or developmental disability facility, as defined in

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1 Section 1-107 and 1-114 of the Mental Health and Developmental

2 Disabilities Code, relating to a specific recipient and the

3 facility director determines that disclosure of such

4 information may be necessary to protect the life of, or to

5 prevent the infliction of great bodily harm to, a public

6 official, or a person under the protection of the United

7 States Secret Service, only the following information may be

8 disclosed: the recipient's name, address, and age and the date

9 of any admission to or discharge from a facility; and any

10 information which would indicate whether or not the recipient

11 has a history of violence or presents a danger of violence to

12 the person under protection. Any information so disclosed

13 shall be used for investigative purposes only and shall not be

14 publicly disseminated. Any person participating in good faith

15 in the disclosure of such information in accordance with this

16 provision shall have immunity from any liability, civil,

17 criminal or otherwise, if such information is disclosed

18 relying upon the representation of an officer of the United

19 States Secret Service or the Illinois State Police that a

20 person is under the protection of the United States Secret

21 Service or is a public official.

22 For the purpose of this subsection (a), the term "public

23 official" means the Governor, Lieutenant Governor, Attorney

24 General, Secretary of State, State Comptroller, State

25 Treasurer, member of the General Assembly, member of the

26 United States Congress, Judge of the United States as defined

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1 in 28 U.S.C. 451, Justice of the United States as defined in 28

2 U.S.C. 451, United States Magistrate Judge as defined in 28

3 U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or

4 Supreme, Appellate, Circuit, or Associate Judge of the State

5 of Illinois. The term shall also include the spouse, child or

6 children of a public official.

7 (b) The Department of Human Services (acting as successor

8 to the Department of Mental Health and Developmental

9 Disabilities) and all public or private hospitals and mental

10 health facilities are required, as hereafter described in this

11 subsection, to furnish the Illinois State Police only such

12 information as may be required for the sole purpose of

13 determining whether an individual who may be or may have been a

14 patient is disqualified because of that status from receiving

15 or retaining a Firearm Owner's Identification Card or falls

16 within the federal prohibitors under subsection (e), (f), (g),

17 (r), (s), or (t) of Section 8 of the Firearm Owners

18 Identification Card Act, or falls within the federal

19 prohibitors in 18 U.S.C. 922(g) and (n). All physicians,

20 clinical psychologists, advanced practice psychiatric nurses,

21 or qualified examiners at public or private mental health

22 facilities or parts thereof as defined in this subsection

23 shall, in the form and manner required by the Department,

24 provide notice directly to the Department of Human Services,

25 or to his or her employer who shall then report to the

26 Department, within 24 hours after determining that a person

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1 poses a clear and present danger to himself, herself, or

2 others, or within 7 days after a person 14 years or older is

3 determined to be a person with a developmental disability by a

4 physician, clinical psychologist, advanced practice

5 psychiatric nurse, or qualified examiner as described in

6 Section 1.1 of the Firearm Owners Identification Card Act. If

7 a person is a patient as described in clause (1) of the

8 definition of "patient" in Section 1.1 of the Firearm Owners

9 Identification Card Act, this information shall be furnished

10 within 7 days after admission to a public or private hospital

11 or mental health facility or the provision of services. Any

12 such information disclosed under this subsection shall remain

13 privileged and confidential, and shall not be redisclosed,

14 except as required by subsection (e) of Section 3.1 of the

15 Firearm Owners Identification Card Act, nor utilized for any

16 other purpose. The method of requiring the providing of such

17 information shall guarantee that no information is released

18 beyond what is necessary for this purpose. In addition, the

19 information disclosed shall be provided by the Department

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

21 Criminal Code of 2012 regarding the delivery of firearms. The

22 method used shall be sufficient to provide the necessary

23 information within the prescribed time period, which may

24 include periodically providing lists to the Department of

25 Human Services or any public or private hospital or mental

26 health facility of Firearm Owner's Identification Card

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1 applicants on which the Department or hospital shall indicate

2 the identities of those individuals who are to its knowledge

3 disqualified from having a Firearm Owner's Identification Card

4 for reasons described herein. The Department may provide for a

5 centralized source of information for the State on this

6 subject under its jurisdiction. Notwithstanding any other

7 provision of this Act or any other law to the contrary, the ~~The~~

8 identity of the person reporting under this subsection shall

9 not be disclosed to the subject of the report unless ordered by

10 the Firearm Owner's Identification Card Review Board or a

11 court with appropriate jurisdiction in accordance with Section

12 10 of the Firearm Owners Identification Card Act. For the

13 purposes of this subsection, the physician, clinical

14 psychologist, advanced practice psychiatric nurse, or

15 qualified examiner making the determination and his or her

16 employer shall not be held criminally, civilly, or

17 professionally liable for making or not making the

18 notification required under this subsection, except for

19 willful or wanton misconduct. The Department of Human Services

20 and its employees or agents shall not be held liable for

21 damages in any civil action arising from the disclosure or

22 nondisclosure of the information released to an individual in

23 accordance with Section 10 of the Firearm Owners

24 Identification Card Act, except for willful or wanton

25 misconduct.

26 Any person, institution, or agency, under this Act,

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1 participating in good faith in the reporting or disclosure of

2 records and communications otherwise in accordance with this

3 provision or with rules, regulations or guidelines issued by

4 the Department shall have immunity from any liability, civil,

5 criminal or otherwise, that might result by reason of the

6 action. For the purpose of any proceeding, civil or criminal,

7 arising out of a report or disclosure in accordance with this

8 provision, the good faith of any person, institution, or

9 agency so reporting or disclosing shall be presumed. The full

10 extent of the immunity provided in this subsection (b) shall

11 apply to any person, institution or agency that fails to make a

12 report or disclosure in the good faith belief that the report

13 or disclosure would violate federal regulations governing the

14 confidentiality of alcohol and drug abuse patient records

15 implementing 42 U.S.C. 290dd-3 and 290ee-3.

16 For purposes of this subsection (b) only, the following

17 terms shall have the meaning prescribed:

18 (1) (Blank).

19 (1.3) "Clear and present danger" has the meaning as

20 defined in Section 1.1 of the Firearm Owners

21 Identification Card Act.

22 (1.5) "Person with a developmental disability" has the

23 meaning as defined in Section 1.1 of the Firearm Owners

24 Identification Card Act.

25 (2) "Patient" has the meaning as defined in Section

26 1.1 of the Firearm Owners Identification Card Act.

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1 (3) "Mental health facility" has the meaning as

2 defined in Section 1.1 of the Firearm Owners

3 Identification Card Act.

4 (c) Upon the request of a peace officer who takes a person

5 into custody and transports such person to a mental health or

6 developmental disability facility pursuant to Section 3-606 or

7 4-404 of the Mental Health and Developmental Disabilities Code

8 or who transports a person from such facility, a facility

9 director shall furnish said peace officer the name, address,

10 age and name of the nearest relative of the person transported

11 to or from the mental health or developmental disability

12 facility. In no case shall the facility director disclose to

13 the peace officer any information relating to the diagnosis,

14 treatment or evaluation of the person's mental or physical

15 health.

16 For the purposes of this subsection (c), the terms "mental

17 health or developmental disability facility", "peace officer"

18 and "facility director" shall have the meanings ascribed to

19 them in the Mental Health and Developmental Disabilities Code.

20 (d) Upon the request of a peace officer or prosecuting

21 authority who is conducting a bona fide investigation of a

22 criminal offense, or attempting to apprehend a fugitive from

23 justice, a facility director may disclose whether a person is

24 present at the facility. Upon request of a peace officer or

25 prosecuting authority who has a valid forcible felony warrant

26 issued, a facility director shall disclose: (1) whether the

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1 person who is the subject of the warrant is present at the

2 facility and (2) the date of that person's discharge or future

3 discharge from the facility. The requesting peace officer or

4 prosecuting authority must furnish a case number and the

5 purpose of the investigation or an outstanding arrest warrant

6 at the time of the request. Any person, institution, or agency

7 participating in good faith in disclosing such information in

8 accordance with this subsection (d) is immune from any

9 liability, civil, criminal or otherwise, that might result by

10 reason of the action.

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

12 Section 95. No acceleration or delay. Where this Act makes

13 changes in a statute that is represented in this Act by text

14 that is not yet or no longer in effect (for example, a Section

15 represented by multiple versions), the use of that text does

16 not accelerate or delay the taking effect of (i) the changes

17 made by this Act or (ii) provisions derived from any other

18 Public Act.".