Sen. John J. Cullerton
Filed: 7/9/2013
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| 1 | AMENDMENT TO HOUSE BILL 1453
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| 2 | AMENDMENT NO. ______. Amend House Bill 1453 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. If and only if House Bill 183 of the 98th | ||||||
| 5 | General Assembly becomes law, then the Firearm Concealed Carry | ||||||
| 6 | Act is amended by changing Sections 10 and 65 as follows:
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| 7 | (09800HB0183enr, Sec. 10)
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| 8 | Sec. 10. Issuance of licenses to carry a concealed firearm. | ||||||
| 9 | (a) The Department shall issue a license to carry a | ||||||
| 10 | concealed firearm under this Act to an applicant who: | ||||||
| 11 | (1) meets the qualifications of Section 25 of this Act; | ||||||
| 12 | (2) has provided the application and documentation | ||||||
| 13 | required in Section 30 of this Act; | ||||||
| 14 | (3) has submitted the requisite fees; and | ||||||
| 15 | (4) does not pose a danger to himself, herself, or | ||||||
| 16 | others, or a threat to public safety as determined by the | ||||||
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| 1 | Concealed Carry Licensing Review Board in accordance with | ||||||
| 2 | Section 20. | ||||||
| 3 | (b) The Department shall issue a renewal, corrected, or | ||||||
| 4 | duplicate license as provided in this Act. | ||||||
| 5 | (c) A license shall be valid throughout the State for a | ||||||
| 6 | period of 5 years from the date of issuance. A license shall | ||||||
| 7 | permit the licensee to : | ||||||
| 8 | (1) carry a loaded or unloaded concealed firearm, fully | ||||||
| 9 | concealed or partially concealed, on or about his or her | ||||||
| 10 | person; and
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| 11 | (2) keep or carry a loaded or unloaded concealed | ||||||
| 12 | firearm on or about his or her person within a vehicle. | ||||||
| 13 | (d) The Department shall make applications for a license | ||||||
| 14 | available no later than 180 days after the effective date of | ||||||
| 15 | this Act. The Department shall establish rules for the | ||||||
| 16 | availability and submission of applications in accordance with | ||||||
| 17 | this Act. | ||||||
| 18 | (e) An application for a license submitted to the | ||||||
| 19 | Department that contains all the information and materials | ||||||
| 20 | required by this Act, including the requisite fee, shall be | ||||||
| 21 | deemed completed. Except as otherwise provided in this Act, no | ||||||
| 22 | later than 90 days after receipt of a completed application, | ||||||
| 23 | the Department shall issue or deny the applicant a license. | ||||||
| 24 | (f) The Department shall deny the applicant a license if | ||||||
| 25 | the applicant fails to meet the requirements under this Act or | ||||||
| 26 | the Department receives a determination from the Board that the | ||||||
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| 1 | applicant is ineligible for a license. The Department must | ||||||
| 2 | notify the applicant stating the grounds for the denial. The | ||||||
| 3 | notice of denial must inform the applicant of his or her right | ||||||
| 4 | to an appeal through administrative and judicial review. | ||||||
| 5 | (g) A licensee shall possess a license at all times the | ||||||
| 6 | licensee carries a concealed firearm except: | ||||||
| 7 | (1) when the licensee is carrying or possessing a | ||||||
| 8 | concealed firearm on his or her land or in his or her | ||||||
| 9 | abode, legal dwelling, or fixed place of business, or on | ||||||
| 10 | the land or in the legal dwelling of another person as an | ||||||
| 11 | invitee with that person's permission; | ||||||
| 12 | (2) when the person is authorized to carry a firearm | ||||||
| 13 | under Section 24-2 of the Criminal Code of 2012, except | ||||||
| 14 | subsection (a-5) of that Section; or | ||||||
| 15 | (3) when the handgun is broken down in a | ||||||
| 16 | non-functioning state, is not immediately accessible, or | ||||||
| 17 | is unloaded and enclosed in a case. | ||||||
| 18 | (h) If an officer of a law enforcement agency initiates an | ||||||
| 19 | investigative stop, including but not limited to a traffic | ||||||
| 20 | stop, of a licensee who is carrying a concealed firearm, upon | ||||||
| 21 | the request of the officer the licensee shall immediately | ||||||
| 22 | disclose to the officer that he or she is in possession of a | ||||||
| 23 | concealed firearm under this Act, present the license upon the | ||||||
| 24 | request of the officer, and identify the location of the | ||||||
| 25 | concealed firearm. | ||||||
| 26 | (i) The Department shall maintain a database of license | ||||||
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| 1 | applicants and licensees. The database shall be available to | ||||||
| 2 | all federal, State, and local law enforcement agencies, State's | ||||||
| 3 | Attorneys, the Attorney General, and authorized court | ||||||
| 4 | personnel. Within 180 days after the effective date of this | ||||||
| 5 | Act, the database shall be searchable and provide all | ||||||
| 6 | information included in the application, including the | ||||||
| 7 | applicant's previous addresses within the 10 years prior to the | ||||||
| 8 | license application and any information related to violations | ||||||
| 9 | of this Act. No law enforcement agency, State's Attorney, | ||||||
| 10 | Attorney General, or member or staff of the judiciary shall | ||||||
| 11 | provide any information to a requester who is not entitled to | ||||||
| 12 | it by law. | ||||||
| 13 | (j) No later than 10 days after receipt of a completed | ||||||
| 14 | application, the Department shall enter the relevant | ||||||
| 15 | information about the applicant into the database under | ||||||
| 16 | subsection (i) of this Section which is accessible by law | ||||||
| 17 | enforcement agencies.
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| 18 | (Source: 09800HB0183enr.)
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| 19 | (09800HB0183enr, Sec. 65)
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| 20 | Sec. 65. Prohibited areas. | ||||||
| 21 | (a) A licensee under this Act shall not knowingly carry a | ||||||
| 22 | firearm on or into: | ||||||
| 23 | (1) Any building, real property, and parking area under | ||||||
| 24 | the control of a public or private elementary or secondary | ||||||
| 25 | school. | ||||||
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| 1 | (2) Any building, real property, and parking area under | ||||||
| 2 | the control of a pre-school or child care facility, | ||||||
| 3 | including any room or portion of a building under the | ||||||
| 4 | control of a pre-school or child care facility. Nothing in | ||||||
| 5 | this paragraph shall prevent the operator of a child care | ||||||
| 6 | facility in a family home from owning or possessing a | ||||||
| 7 | firearm in the home or license under this Act, if no child | ||||||
| 8 | under child care at the home is present in the home or the | ||||||
| 9 | firearm in the home is stored in a locked container when a | ||||||
| 10 | child under child care at the home is present in the home. | ||||||
| 11 | (3) Any building, parking area, or portion of a | ||||||
| 12 | building under the control of an officer of the executive | ||||||
| 13 | or legislative branch of government, provided that nothing | ||||||
| 14 | in this paragraph shall prohibit a licensee from carrying a | ||||||
| 15 | concealed firearm onto the real property, bikeway, or trail | ||||||
| 16 | in a park regulated by the Department of Natural Resources | ||||||
| 17 | or any other designated public hunting area or building | ||||||
| 18 | where firearm possession is permitted as established by the | ||||||
| 19 | Department of Natural Resources under Section 1.8 of the | ||||||
| 20 | Wildlife Code. | ||||||
| 21 | (4) Any building designated for matters before a | ||||||
| 22 | circuit court, appellate court, or the Supreme Court, or | ||||||
| 23 | any building or portion of a building under the control of | ||||||
| 24 | the Supreme Court. | ||||||
| 25 | (5) Any building or portion of a building under the | ||||||
| 26 | control of a unit of local government. | ||||||
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| 1 | (6) Any building, real property, and parking area under | ||||||
| 2 | the control of an adult or juvenile detention or | ||||||
| 3 | correctional institution, prison, or jail. | ||||||
| 4 | (7) Any building, real property, and parking area under | ||||||
| 5 | the control of a public or private hospital or hospital | ||||||
| 6 | affiliate, mental health facility, or nursing home. | ||||||
| 7 | (8) Any bus, train, or form of transportation paid for | ||||||
| 8 | in whole or in part with public funds, and any building, | ||||||
| 9 | real property, and parking area under the control of a | ||||||
| 10 | public transportation facility paid for in whole or in part | ||||||
| 11 | with public funds. | ||||||
| 12 | (9) Any building, real property, and parking area under | ||||||
| 13 | the control of an establishment that serves alcohol on its | ||||||
| 14 | premises, if more than 50% of the establishment's gross | ||||||
| 15 | receipts within the prior 3 months is from the sale of | ||||||
| 16 | alcohol. The owner of an establishment who knowingly fails | ||||||
| 17 | to prohibit concealed firearms on its premises as provided | ||||||
| 18 | in this paragraph or who knowingly makes a false statement | ||||||
| 19 | or record to avoid the prohibition on concealed firearms | ||||||
| 20 | under this paragraph is subject to the penalty under | ||||||
| 21 | subsection (c-5) of Section 10-1 of the Liquor Control Act | ||||||
| 22 | of 1934. | ||||||
| 23 | (10) Any public gathering or special event conducted on | ||||||
| 24 | property open to the public that requires the issuance of a | ||||||
| 25 | permit from the unit of local government, provided this | ||||||
| 26 | prohibition shall not apply to a licensee who must walk | ||||||
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| 1 | through a public gathering in order to access his or her | ||||||
| 2 | residence, place of business, or vehicle. | ||||||
| 3 | (11) Any building or real property that has been issued | ||||||
| 4 | a Special Event Retailer's license as defined in Section | ||||||
| 5 | 1-3.17.1 of the Liquor Control Act during the time | ||||||
| 6 | designated for the sale of alcohol by the Special Event | ||||||
| 7 | Retailer's license, or a Special use permit license as | ||||||
| 8 | defined in subsection (q) of Section 5-1 of the Liquor | ||||||
| 9 | Control Act during the time designated for the sale of | ||||||
| 10 | alcohol by the Special use permit license. | ||||||
| 11 | (12) Any public playground. | ||||||
| 12 | (13) Any public park, athletic area, or athletic | ||||||
| 13 | facility under the control of a municipality or park | ||||||
| 14 | district, provided nothing in this Section shall prohibit a | ||||||
| 15 | licensee from carrying a concealed firearm while on a trail | ||||||
| 16 | or bikeway if only a portion of the trail or bikeway | ||||||
| 17 | includes a public park. | ||||||
| 18 | (14) Any real property under the control of the Cook | ||||||
| 19 | County Forest Preserve District. | ||||||
| 20 | (15) Any building, classroom, laboratory, medical | ||||||
| 21 | clinic, hospital, artistic venue, athletic venue, | ||||||
| 22 | entertainment venue, officially recognized | ||||||
| 23 | university-related organization property, whether owned or | ||||||
| 24 | leased, and any real property, including parking areas, | ||||||
| 25 | sidewalks, and common areas under the control of a public | ||||||
| 26 | or private community college, college, or university. | ||||||
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| 1 | (16) Any building, real property, or parking area under | ||||||
| 2 | the control of a gaming facility licensed under the | ||||||
| 3 | Riverboat Gambling Act or the Illinois Horse Racing Act of | ||||||
| 4 | 1975, including an inter-track wagering location licensee. | ||||||
| 5 | (17) Any stadium, arena, or the real property or | ||||||
| 6 | parking area under the control of a stadium, arena, or any | ||||||
| 7 | collegiate or professional sporting event. | ||||||
| 8 | (18) Any building, real property, or parking area under | ||||||
| 9 | the control of a public library. | ||||||
| 10 | (19) Any building, real property, or parking area under | ||||||
| 11 | the control of an airport. | ||||||
| 12 | (20) Any building, real property, or parking area under | ||||||
| 13 | the control of an amusement park. | ||||||
| 14 | (21) Any building, real property, or parking area under | ||||||
| 15 | the control of a zoo or museum. | ||||||
| 16 | (22) Any street, driveway, parking area, property, | ||||||
| 17 | building, or facility, owned, leased, controlled, or used | ||||||
| 18 | by a nuclear energy, storage, weapons, or development site | ||||||
| 19 | or facility regulated by the federal Nuclear Regulatory | ||||||
| 20 | Commission. The licensee shall not under any circumstance | ||||||
| 21 | store a firearm or ammunition in his or her vehicle or in a | ||||||
| 22 | compartment or container within a vehicle located anywhere | ||||||
| 23 | in or on the street, driveway, parking area, property, | ||||||
| 24 | building, or facility described in this paragraph. | ||||||
| 25 | (23) Any area where firearms are prohibited under | ||||||
| 26 | federal law. | ||||||
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| 1 | (a-5) Nothing in this Act shall prohibit a public or | ||||||
| 2 | private community college, college, or university from: | ||||||
| 3 | (1) prohibiting persons from carrying a firearm within | ||||||
| 4 | a vehicle owned, leased, or controlled by the college or | ||||||
| 5 | university; | ||||||
| 6 | (2) developing resolutions, regulations, or policies | ||||||
| 7 | regarding student, employee, or visitor misconduct and | ||||||
| 8 | discipline, including suspension and expulsion; | ||||||
| 9 | (3) developing resolutions, regulations, or policies | ||||||
| 10 | regarding the storage or maintenance of firearms, which | ||||||
| 11 | must include designated areas where persons can park | ||||||
| 12 | vehicles that carry firearms; and | ||||||
| 13 | (4) permitting the carrying or use of firearms for the | ||||||
| 14 | purpose of instruction and curriculum of officially | ||||||
| 15 | recognized programs, including but not limited to military | ||||||
| 16 | science and law enforcement training programs, or in any | ||||||
| 17 | designated area used for hunting purposes or target | ||||||
| 18 | shooting. | ||||||
| 19 | (a-10) The owner of private real property of any type may | ||||||
| 20 | prohibit the carrying of concealed firearms on the property | ||||||
| 21 | under his or her control. The owner must post a sign in | ||||||
| 22 | accordance with subsection (d) of this Section indicating that | ||||||
| 23 | firearms are prohibited on the property, unless the property is | ||||||
| 24 | a private residence. | ||||||
| 25 | (b) Notwithstanding subsections (a), (a-5), and (a-10) of | ||||||
| 26 | this Section except under paragraph (22) or (23) of subsection | ||||||
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| 1 | (a), any licensee prohibited from carrying a concealed firearm | ||||||
| 2 | into the parking area of a prohibited location specified in | ||||||
| 3 | subsection (a), (a-5), or (a-10) of this Section shall be | ||||||
| 4 | permitted to carry a concealed firearm on or about his or her | ||||||
| 5 | person within a vehicle into the parking area and may store a | ||||||
| 6 | firearm or ammunition concealed in a case within a locked | ||||||
| 7 | vehicle or locked container out of plain view within the | ||||||
| 8 | vehicle in the parking area. A licensee may carry a concealed | ||||||
| 9 | firearm in the immediate area surrounding his or her vehicle | ||||||
| 10 | within a prohibited parking lot area only for the limited | ||||||
| 11 | purpose of storing or retrieving a firearm within the vehicle's | ||||||
| 12 | trunk, provided the licensee ensures the concealed firearm is | ||||||
| 13 | unloaded prior to exiting the vehicle. For purposes of this | ||||||
| 14 | subsection, "case" includes a glove compartment or console that | ||||||
| 15 | completely encloses the concealed firearm or ammunition, the | ||||||
| 16 | trunk of the vehicle, or a firearm carrying box, shipping box, | ||||||
| 17 | or other container. | ||||||
| 18 | (c) A licensee shall not be in violation of this Section | ||||||
| 19 | while he or she is traveling along a public right of way that | ||||||
| 20 | touches or crosses any of the premises under subsection (a), | ||||||
| 21 | (a-5), or (a-10) of this Section if the concealed firearm is | ||||||
| 22 | carried on his or her person in accordance with the provisions | ||||||
| 23 | of this Act or is being transported in a vehicle by the | ||||||
| 24 | licensee in accordance with all other applicable provisions of | ||||||
| 25 | law. | ||||||
| 26 | (d) Signs stating that the carrying of firearms is | ||||||
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| 1 | prohibited shall be clearly and conspicuously posted at the | ||||||
| 2 | entrance of a building, premises, or real property specified in | ||||||
| 3 | subsection (a-10) and paragraph (9) of subsection (a) of this | ||||||
| 4 | Section as a prohibited area, unless the building or premises | ||||||
| 5 | is a private residence. Signs shall be of a uniform design as | ||||||
| 6 | established by the Department and shall be 4 inches by 6 inches | ||||||
| 7 | in size. The Department shall adopt rules for standardized | ||||||
| 8 | signs to be used under this subsection.
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| 9 | (Source: 09800HB0183enr.)
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| 10 | Section 10. If and only if House Bill 183 of the 98th | ||||||
| 11 | General Assembly becomes law, then the Firearm Owners | ||||||
| 12 | Identification Card Act is amended by changing Section 8.1 as | ||||||
| 13 | follows:
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| 14 | (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
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| 15 | Sec. 8.1. Notifications to the Department of State Police.
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| 16 | (a) The Circuit Clerk shall, in the form and manner | ||||||
| 17 | required by the
Supreme Court, notify the Department of State | ||||||
| 18 | Police of all final dispositions
of cases for which the | ||||||
| 19 | Department has received information reported to it under
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| 20 | Sections 2.1 and 2.2 of the Criminal Identification Act.
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| 21 | (b) Upon adjudication of any individual as a mentally | ||||||
| 22 | disabled person as defined in Section 1.1 of this Act or a | ||||||
| 23 | finding that a person has been involuntarily admitted, the | ||||||
| 24 | court shall direct the circuit court clerk to immediately | ||||||
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| 1 | notify the Department of State Police, Firearm Owner's | ||||||
| 2 | Identification (FOID) department, and shall forward a copy of | ||||||
| 3 | the court order to the Department. | ||||||
| 4 | (c) The Department of Human Services shall, in the form and | ||||||
| 5 | manner prescribed by the Department of State Police, report all | ||||||
| 6 | information collected under subsection (b) of Section 12 of the | ||||||
| 7 | Mental Health and Developmental Disabilities Confidentiality | ||||||
| 8 | Act for the purpose of determining whether a person who may be | ||||||
| 9 | or may have been a patient in a mental health facility is | ||||||
| 10 | disqualified under State or federal law from receiving or | ||||||
| 11 | retaining a Firearm Owner's Identification Card, or purchasing | ||||||
| 12 | a weapon. | ||||||
| 13 | (d) If a person is determined to pose a clear and present | ||||||
| 14 | danger to himself, herself, or to others: | ||||||
| 15 | (1) by a physician, clinical psychologist, or | ||||||
| 16 | qualified examiner, law enforcement official, or school | ||||||
| 17 | administrator, or is determined to be developmentally | ||||||
| 18 | disabled by a physician, clinical psychologist, or | ||||||
| 19 | qualified examiner, whether employed by the State or | ||||||
| 20 | privately by a private mental health facility, then the | ||||||
| 21 | physician, clinical psychologist, or qualified examiner | ||||||
| 22 | shall, within 24 hours of making the determination, notify | ||||||
| 23 | the Department of Human Services that the person poses a | ||||||
| 24 | clear and present danger or is developmentally disabled; or | ||||||
| 25 | (2) by a law enforcement official or school | ||||||
| 26 | administrator, then the law enforcement official or school | ||||||
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| 1 | administrator shall, within 24 hours of making the | ||||||
| 2 | determination, notify the Department of State Police that | ||||||
| 3 | the person poses a clear and present danger. | ||||||
| 4 | The Department of Human Services shall immediately update | ||||||
| 5 | its records and information relating to mental health and | ||||||
| 6 | developmental disabilities, and if appropriate, shall notify | ||||||
| 7 | the Department of State Police in a form and manner prescribed | ||||||
| 8 | by the Department of State Police. The Department of State | ||||||
| 9 | Police shall determine whether to revoke the person's Firearm | ||||||
| 10 | Owner's Identification Card under Section 8 of this Act. Any | ||||||
| 11 | information disclosed under this subsection shall remain | ||||||
| 12 | privileged and confidential, and shall not be redisclosed, | ||||||
| 13 | except as required under subsection (e) of Section 3.1 of this | ||||||
| 14 | Act, nor used for any other purpose. The method of providing | ||||||
| 15 | this information shall guarantee that the information is not | ||||||
| 16 | released beyond what is necessary for the purpose of this | ||||||
| 17 | Section and shall be provided by rule by the Department of | ||||||
| 18 | Human Services. The identity of the person reporting under this | ||||||
| 19 | Section shall not be disclosed to the subject of the report. | ||||||
| 20 | The physician, clinical psychologist, qualified examiner, law | ||||||
| 21 | enforcement official, or school administrator making the | ||||||
| 22 | determination and his or her employer shall not be held | ||||||
| 23 | criminally, civilly, or professionally liable for making or not | ||||||
| 24 | making the notification required under this subsection, except | ||||||
| 25 | for willful or wanton misconduct. | ||||||
| 26 | (e) The Department of State Police shall adopt rules to | ||||||
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| 1 | implement this Section. | ||||||
| 2 | (Source: P.A. 97-1131, eff. 1-1-13; 09800HB0183enr.)
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| 3 | Section 99. Effective date. This Act takes effect upon | ||||||
| 4 | becoming law.".
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