99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB3433

Introduced 5/23/2016, by Sen. Dale A. Righter

SYNOPSIS AS INTRODUCED:

430 ILCS 66/15

Amends the Firearm Concealed Carry Act. Provides that a law enforcement agency objection to a license applicant based upon information in an arrest or incident report must be based upon information from an investigation of the objecting law enforcement agency and not an investigation of another law enforcement agency. Provides that nothing in the Act prohibits the law enforcement agency from contacting the investigating law enforcement agency regarding the license applicant. Provides that a law enforcement agency that submits an objection to a license applicant may withdraw that objection before its submission to the Concealed Carry Licensing Review Board. Provides that the Department of State Police may review a law enforcement agency objection to a license applicant before the Department's submission of the objection to the Board. Provides that the verification shall determine: (i) if the criteria under this Act for the submission of an objection by the law enforcement agency has been met, (ii) that the objection is against the proper person, and (iii) that information relevant to the objection has been included as required by the Act. Provides that an objection failing verification shall be returned to the objecting agency and that agency shall have 10 calendar days after receiving notification from the Department that the objection failed verification to submit to the Department the required information, a response, or withdrawal of the objection. Provides that if the objecting agency fails to act on the notification within the 10 calendar days, the Department may reject the objection and process the application in accordance with the Act.

LRB099 21965 RLC 48987 b

A BILL FOR

SB3433

LRB099 21965 RLC 48987 b

1 AN ACT concerning safety.

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

3 represented in the General Assembly:

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

5 changing Section 15 as follows:

6 (430 ILCS 66/15)

7 Sec. 15. Objections by law enforcement agencies.

8 (a) Any law enforcement agency may submit an objection to a

9 license applicant based upon a reasonable suspicion that the

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

11 threat to public safety. A law enforcement agency objection to

12 a license applicant based upon information in an arrest or

13 incident report must be based upon information from an

14 investigation of the objecting law enforcement agency and not

15 an investigation of another law enforcement agency. Nothing in

16 this Act prohibits the law enforcement agency from contacting

17 the investigating law enforcement agency regarding the license

18 applicant. The objection shall be made by the chief law

19 enforcement officer of the law enforcement agency, or his or

20 her designee, and must include any information relevant to the

21 objection. A law enforcement agency that submits an objection

22 to a license applicant may withdraw that objection before its

23 submission to the Board. If a law enforcement agency submits an

SB3433

- 2 -

LRB099 21965 RLC 48987 b

1 objection within 30 days after the entry of an applicant into

2 the database, the Department shall submit the objection, unless

3 withdrawn or rejected as provided in this Section, and all

4 information available to the Board under State and federal law

5 related to the application to the Board within 10 days of

6 completing all necessary background checks and a verification

7 by the Department, if requested. The Department may review a

8 law enforcement agency objection to a license applicant before

9 the Department's submission of the objection to the Board. The

10 verification shall determine: (i) if the criteria under this

11 Act for the submission of an objection by the law enforcement

12 agency has been met, (ii) that the objection is against the

13 proper person, and (iii) that information relevant to the

14 objection has been included as required by this Section. An

15 objection failing verification shall be returned to the

16 objecting agency and that agency shall have 10 calendar days

17 after receiving notification from the Department that the

18 objection failed verification to submit to the Department the

19 required information, a response, or withdrawal of the

20 objection. If the objecting agency fails to act on the

21 notification within the 10 calendar days, the Department may

22 reject the objection and process the application in accordance

23 with this Act.

24 (b) If an applicant has 5 or more arrests for any reason,

25 that have been entered into the Criminal History Records

26 Information (CHRI) System, within the 7 years preceding the

SB3433

- 3 -

LRB099 21965 RLC 48987 b

1 date of application for a license, or has 3 or more arrests

2 within the 7 years preceding the date of application for a

3 license for any combination of gang-related offenses, the

4 Department shall object and submit the applicant's arrest

5 record to the extent the Board is allowed to receive that

6 information under State and federal law, the application

7 materials, and any additional information submitted by a law

8 enforcement agency to the Board. For purposes of this

9 subsection, "gang-related offense" is an offense described in

10 Section 12-6.4, Section 24-1.8, Section 25-5, Section 33-4, or

11 Section 33G-4, or in paragraph (1) of subsection (a) of Section

12 12-6.2, paragraph (2) of subsection (b) of Section 16-30,

13 paragraph (2) of subsection (b) of Section 31-4, or item (iii)

14 of paragraph (1.5) of subsection (i) of Section 48-1 of the

15 Criminal Code of 2012.

16 (c) The referral of an objection under this Section to the

17 Board shall toll the 90-day period for the Department to issue

18 or deny the applicant a license under subsection (e) of Section

19 10 of this Act, during the period of review and until the Board

20 issues its decision.

21 (d) If no objection is made by a law enforcement agency or

22 the Department under this Section, the Department shall process

23 the application in accordance with this Act.

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