99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3218

Introduced , by Rep. John E. Bradley

SYNOPSIS AS INTRODUCED:

`430 ILCS 66/10`
`430 ILCS 66/15`
`430 ILCS 66/20`
`430 ILCS 66/70`
`430 ILCS 66/87`

Amends the Firearm Concealed Carry Act. Provides that the Department of State Police must notify the applicant stating detailed grounds for the denial and the applicant's right to receive copies of all documents and other evidence that was provided to the Department concerning the application. Provides that in the event that an applicant is denied a license, a copy of any and all objections made by law enforcement agencies shall be made available to the applicant. Provides that upon the referral, applicants shall be given notice by the Department that the application is undergoing review by the Board. The notice shall include the next date upon which the Concealed Carry Licensing Review Board is expected to convene, and shall inform the applicant that the 90-day time period has been tolled. Provides that all documents and evidence provided to the Board, including a list of the names of all witnesses who provided testimony to the Board, shall be made available to the applicant and the applicant's designated attorney, if any. Provides that an applicant may appeal a denial of an application for a concealed carry license by the Department to the Director for a hearing within 70 calendar days after the denial. Provides that the time deadline for filing a petition for administrative or judicial review shall be 70 calendar days from the date the notice of denial was received by the applicant. If an applicant brings a petition for judicial review under this Act, the petition must be decided without remand to the Department.

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A BILL FOR

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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 Sections 10, 15, 20, 70, and 87 as follows:

6 (430 ILCS 66/10)

7 Sec. 10. Issuance of licenses to carry a concealed firearm.

8 (a) The Department shall issue a license to carry a

9 concealed firearm under this Act to an applicant who:

10 (1) meets the qualifications of Section 25 of this Act;

11 (2) has provided the application and documentation

12 required in Section 30 of this Act;

13 (3) has submitted the requisite fees; and

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

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

16 Concealed Carry Licensing Review Board in accordance with

17 Section 20.

18 (b) The Department shall issue a renewal, corrected, or

19 duplicate license as provided in this Act.

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

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

22 permit the licensee to:

23 (1) carry a loaded or unloaded concealed firearm, fully

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1 concealed or partially concealed, on or about his or her

2 person; and

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

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

5 (d) The Department shall make applications for a license

6 available no later than 180 days after the effective date of

7 this Act. The Department shall establish rules for the

8 availability and submission of applications in accordance with

9 this Act.

10 (e) An application for a license submitted to the

11 Department that contains all the information and materials

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

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

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

15 the Department shall issue or deny the applicant a license.

16 (f) The Department shall deny the applicant a license if

17 the applicant fails to meet the requirements under this Act or

18 the Department receives a determination from the Board that the

19 applicant is ineligible for a license. The Department must

20 notify the applicant stating detailed ~~the~~ grounds for the

21 denial and the applicant's right to receive copies of all

22 documents and other evidence that was provided to the

23 Department concerning the application. The notice of denial

24 must inform the applicant of his or her right to an appeal

25 through administrative and judicial review.

26 The notification of denial shall be provided as follows:

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1 (1) the notice of denial and the written decision of

2 the Board under subsection (f) of Section 20 of this Act

3 shall be sent via certified United States mail by the

4 Department, with signature required and return receipt

5 requested, to the address listed on the application;

6 (2) the appeal period under Section 87 of this Act

7 shall begin to accrue on the date the denial letter is

8 delivered to the address listed on the application; and

9 (3) in any administrative or judicial proceeding

10 concerning the denial of the application, the Department

11 shall provide the following:

12 (A) proof that the denial letter was delivered to

13 the correct address;

14 (B) a copy of the signature of the person who

15 received the letter; and

16 (C) proof of the date on which it was delivered.

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

18 licensee carries a concealed firearm except:

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

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

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

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

23 invitee with that person's permission;

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

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

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

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

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

3 is unloaded and enclosed in a case.

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

5 investigative stop, including but not limited to a traffic

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

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

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

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

10 concealed firearm under this Act, present the license upon the

11 request of the officer if he or she is a licensee or present

12 upon the request of the officer evidence under paragraph (2) of

13 subsection (e) of Section 40 of this Act that he or she is a

14 non-resident qualified to carry under that subsection, and

15 identify the location of the concealed firearm. During a

16 traffic stop, any passenger within the vehicle who is a

17 licensee or a non-resident carrying under subsection (e) of

18 Section 40 of this Act must comply with the requirements of

19 this subsection (h).

20 (i) The Department shall maintain a database of license

21 applicants and licensees. The database shall be available to

22 all federal, State, and local law enforcement agencies, State's

23 Attorneys, the Attorney General, and authorized court

24 personnel. Within 180 days after the effective date of this

25 Act, the database shall be searchable and provide all

26 information included in the application, including the

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1 applicant's previous addresses within the 10 years prior to the

2 license application and any information related to violations

3 of this Act. No law enforcement agency, State's Attorney,

4 Attorney General, or member or staff of the judiciary shall

5 provide any information to a requester who is not entitled to

6 it by law.

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

8 application, the Department shall enter the relevant

9 information about the applicant into the database under

10 subsection (i) of this Section which is accessible by law

11 enforcement agencies.

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

13 (430 ILCS 66/15)

14 Sec. 15. Objections by law enforcement agencies.

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

16 license applicant based upon a reasonable suspicion that the

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

18 threat to public safety. The objection shall be made by the

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

20 his or her designee, and must include any information relevant

21 to the objection. If a law enforcement agency submits an

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

23 the database, the Department shall submit the objection and all

24 information available to the Board under State and federal law

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

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1 completing all necessary background checks. If an applicant is

2 denied a license, a copy of any and all objections made by law

3 enforcement agencies shall be made available to the applicant.

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

5 that have been entered into the Criminal History Records

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

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

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

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

10 Department shall object and submit the applicant's arrest

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

12 information under State and federal law, the application

13 materials, and any additional information submitted by a law

14 enforcement agency to the Board. For purposes of this

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

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

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

18 12-6.2, paragraph (2) of subsection (b) of Section 16-30,

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

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

21 Criminal Code of 2012.

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

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

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

25 10 of this Act, during the period of review and until the Board

26 issues its decision. Upon the referral, applicants shall be

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1 given notice by the Department that the application is

2 undergoing review by the Board. The notice shall include the

3 next date upon which the Board is expected to convene, and

4 shall inform the applicant that the 90-day time period has been

5 tolled.

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

7 the Department under this Section, the Department shall process

8 the application in accordance with this Act.

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

10 (430 ILCS 66/20)

11 Sec. 20. Concealed Carry Licensing Review Board.

12 (a) There is hereby created within the Department of State

13 Police a Concealed Carry Licensing Review Board to consider any

14 objection to an applicant's eligibility to obtain a license

15 under this Act submitted by a law enforcement agency or the

16 Department under Section 15 of this Act. The Board shall

17 consist of 7 commissioners to be appointed by the Governor,

18 with the advice and consent of the Senate, with 3 commissioners

19 residing within the First Judicial District and one

20 commissioner residing within each of the 4 remaining Judicial

21 Districts. No more than 4 commissioners shall be members of the

22 same political party. The Governor shall designate one

23 commissioner as the Chairperson. The Board shall consist of:

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

25 as a federal judge;

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1 (2) 2 commissioners with at least 5 years of experience

2 serving as an attorney with the United States Department of

3 Justice;

4 (3) 3 commissioners with at least 5 years of experience

5 as a federal agent or employee with investigative

6 experience or duties related to criminal justice under the

7 United States Department of Justice, Drug Enforcement

8 Administration, Department of Homeland Security, or

9 Federal Bureau of Investigation; and

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

11 licensed physician or clinical psychologist with expertise

12 in the diagnosis and treatment of mental illness.

13 (b) The initial terms of the commissioners shall end on

14 January 12, 2015. Thereafter, the commissioners shall hold

15 office for 4 years, with terms expiring on the second Monday in

16 January of the fourth year. Commissioners may be reappointed.

17 Vacancies in the office of commissioner shall be filled in the

18 same manner as the original appointment, for the remainder of

19 the unexpired term. The Governor may remove a commissioner for

20 incompetence, neglect of duty, malfeasance, or inability to

21 serve. Commissioners shall receive compensation in an amount

22 equal to the compensation of members of the Executive Ethics

23 Commission and may be reimbursed for reasonable expenses

24 actually incurred in the performance of their Board duties,

25 from funds appropriated for that purpose.

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

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1 often as necessary to consider objections to applications for a

2 license under this Act. If necessary to ensure the

3 participation of a commissioner, the Board shall allow a

4 commissioner to participate in a Board meeting by electronic

5 communication. Any commissioner participating electronically

6 shall be deemed present for purposes of establishing a quorum

7 and voting.

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

9 objections and the conduct of hearings. The Board shall

10 maintain a record of its decisions and all materials considered

11 in making its decisions. All Board decisions and voting records

12 shall be kept confidential and all materials considered by the

13 Board shall be exempt from inspection except upon order of a

14 court.

15 (e) In considering an objection of a law enforcement agency

16 or the Department, the Board shall review the materials

17 received with the objection from the law enforcement agency or

18 the Department. By a vote of at least 4 commissioners, the

19 Board may request additional information from the law

20 enforcement agency, Department, or the applicant, or the

21 testimony of the law enforcement agency, Department, or the

22 applicant. The Board may require that the applicant submit

23 electronic fingerprints to the Department for an updated

24 background check where the Board determines it lacks sufficient

25 information to determine eligibility. The Board may only

26 consider information submitted by the Department, a law

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1 enforcement agency, or the applicant. The Board shall review

2 each objection and determine by a majority of commissioners

3 whether an applicant is eligible for a license.

4 (f) The Board shall issue a written decision within 30 days

5 of receipt of the objection from the Department. The decision

6 shall specifically reference all documents and evidence

7 submitted to the Board by the Department, law enforcement

8 agencies, and the applicant. The decision shall include the

9 names of all witnesses who testified at the hearing.

10 The ~~However, the~~ Board need not issue its written ~~a~~

11 decision within the 30-day time period ~~30 days~~ if:

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

13 including but not limited to electronic fingerprints to be

14 submitted to the Department, in accordance with subsection

15 (e) of this Section, in which case the Board shall issue

16 its written ~~make a~~ decision within 30 days of receipt of

17 the required information from the applicant;

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

19 Board additional time to consider an objection before

20 issuing a written decision; or

21 (3) the Board notifies the applicant and the Department

22 that the Board needs an additional 30 days to issue its

23 written ~~a~~ decision.

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

25 evidence that the applicant poses a danger to himself or

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

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1 Board shall affirm the objection of the law enforcement agency

2 or the Department, ~~and~~ shall notify the Department that the

3 applicant is ineligible for a license, and shall provide the

4 Department with a written copy of the decision as outlined in

5 subsection (f) of this Section. If the Board does not determine

6 by a preponderance of the evidence that the applicant poses a

7 danger to himself or herself or others, or is a threat to

8 public safety, then the Board shall notify the Department that

9 the applicant is eligible for a license and shall forward a

10 copy of its written decision to the Department.

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

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

13 ~~the Freedom of Information Act~~. However, all documents and

14 evidence provided to the Board, including a list of the names

15 of all witnesses who provided testimony to the Board, shall be

16 made available to the applicant and the applicant's designated

17 attorney, if any. To the extent that the Board has reviewed the

18 medical records of an applicant, or any other records subject

19 to any law or rule providing for the applicant's privacy,

20 copies of the those records shall be provided only to the

21 applicant and the disclosure of the records shall comply with

22 all applicable privacy laws, rules, and regulations. Upon a

23 Board decision denying an application, a copy of the written

24 decision of the Board shall be attached to the notice of denial

25 required under subsection (f) of Section 10 of this Act, and

26 mailed to the applicant.

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

2 General Assembly on the number of objections received and

3 provide details of the circumstances in which the Board has

4 determined to deny licensure based on law enforcement or

5 Department objections under Section 15 of this Act. The report

6 shall not contain any identifying information about the

7 applicants.

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

9 (430 ILCS 66/70)

10 Sec. 70. Violations.

11 (a) A license issued or renewed under this Act shall be

12 revoked if, at any time, the licensee is found to be ineligible

13 for a license under this Act or the licensee no longer meets

14 the eligibility requirements of the Firearm Owners

15 Identification Card Act. The notification and appeals

16 processes for revoked licenses shall be the same as those for

17 denied applications under Sections 10, 15, and 87 of this Act.

18 (b) A license shall be suspended if an order of protection,

19 including an emergency order of protection, plenary order of

20 protection, or interim order of protection under Article 112A

21 of the Code of Criminal Procedure of 1963 or under the Illinois

22 Domestic Violence Act of 1986, is issued against a licensee for

23 the duration of the order, or if the Department is made aware

24 of a similar order issued against the licensee in any other

25 jurisdiction. If an order of protection is issued against a

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1 licensee, the licensee shall surrender the license, as

2 applicable, to the court at the time the order is entered or to

3 the law enforcement agency or entity serving process at the

4 time the licensee is served the order. The court, law

5 enforcement agency, or entity responsible for serving the order

6 of protection shall notify the Department within 7 days and

7 transmit the license to the Department.

8 (c) A license is invalid upon expiration of the license,

9 unless the licensee has submitted an application to renew the

10 license, and the applicant is otherwise eligible to possess a

11 license under this Act.

12 (d) A licensee shall not carry a concealed firearm while

13 under the influence of alcohol, other drug or drugs,

14 intoxicating compound or combination of compounds, or any

15 combination thereof, under the standards set forth in

16 subsection (a) of Section 11-501 of the Illinois Vehicle Code.

17 A licensee in violation of this subsection (d) shall be

18 guilty of a Class A misdemeanor for a first or second violation

19 and a Class 4 felony for a third violation. The Department may

20 suspend a license for up to 6 months for a second violation and

21 shall permanently revoke a license for a third violation.

22 (e) Except as otherwise provided, a licensee in violation

23 of this Act shall be guilty of a Class B misdemeanor. A second

24 or subsequent violation is a Class A misdemeanor. The

25 Department may suspend a license for up to 6 months for a

26 second violation and shall permanently revoke a license for 3

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1 or more violations of Section 65 of this Act. Any person

2 convicted of a violation under this Section shall pay a $150

3 fee to be deposited into the Mental Health Reporting Fund, plus

4 any applicable court costs or fees.

5 (f) A licensee convicted or found guilty of a violation of

6 this Act who has a valid license and is otherwise eligible to

7 carry a concealed firearm shall only be subject to the

8 penalties under this Section and shall not be subject to the

9 penalties under Section 21-6, paragraph (4), (8), or (10) of

10 subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)

11 of paragraph (3) of subsection (a) of Section 24-1.6 of the

12 Criminal Code of 2012. Except as otherwise provided in this

13 subsection, nothing in this subsection prohibits the licensee

14 from being subjected to penalties for violations other than

15 those specified in this Act.

16 (g) A licensee whose license is revoked, suspended, or

17 denied shall, within 48 hours of receiving notice of the

18 revocation, suspension, or denial, surrender his or her

19 concealed carry license to the local law enforcement agency

20 where the person resides. The local law enforcement agency

21 shall provide the licensee a receipt and transmit the concealed

22 carry license to the Department of State Police. If the

23 licensee whose concealed carry license has been revoked,

24 suspended, or denied fails to comply with the requirements of

25 this subsection, the law enforcement agency where the person

26 resides may petition the circuit court to issue a warrant to

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1 search for and seize the concealed carry license in the

2 possession and under the custody or control of the licensee

3 whose concealed carry license has been revoked, suspended, or

4 denied. The observation of a concealed carry license in the

5 possession of a person whose license has been revoked,

6 suspended, or denied constitutes a sufficient basis for the

7 arrest of that person for violation of this subsection. A

8 violation of this subsection is a Class A misdemeanor.

9 (h) A license issued or renewed under this Act shall be

10 revoked if, at any time, the licensee is found ineligible for a

11 Firearm Owner's Identification Card, or the licensee no longer

12 possesses a valid Firearm Owner's Identification Card. A

13 licensee whose license is revoked under this subsection (h)

14 shall surrender his or her concealed carry license as provided

15 for in subsection (g) of this Section.

16 This subsection shall not apply to a person who has filed

17 an application with the State Police for renewal of a Firearm

18 Owner's Identification Card and who is not otherwise ineligible

19 to obtain a Firearm Owner's Identification Card.

20 (i) A certified firearms instructor who knowingly provides

21 or offers to provide a false certification that an applicant

22 has completed firearms training as required under this Act is

23 guilty of a Class A misdemeanor. A person guilty of a violation

24 of this subsection (i) is not eligible for court supervision.

25 The Department shall permanently revoke the firearms

26 instructor certification of a person convicted under this

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1 subsection (i).

2 (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899,

3 eff. 8-15-14.)

4 (430 ILCS 66/87)

5 Sec. 87. Administrative and judicial review.

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

7 is denied, whenever the Department fails to act on an

8 application within 90 days of its receipt, or whenever a

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

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

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

12 application, unless the denial was made by the Concealed Carry

13 Licensing Review Board, in which case the aggrieved party may

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

15 her residence for a hearing upon the denial. An applicant may

16 appeal a denial of an application for a concealed carry license

17 by the Department to the Director for a hearing within 70

18 calendar days after the denial.

19 (b) All final administrative decisions of the Department or

20 the Concealed Carry Licensing Review Board under this Act shall

21 be subject to judicial review under the provisions of the

22 Administrative Review Lawexcept that a petition for

23 administrative or judicial review shall be filed within 70

24 calendar days from the date the notice of denial was received

25 by the applicant. If an applicant brings a petition for

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1 judicial review under this Act, the petition must be decided

2 without remand to the Department. The term "administrative

3 decision" is defined as in Section 3-101 of the Code of Civil

4 Procedure.

5 (c) Immediately upon receiving notice that the application

6 has been denied, the applicant or the applicant's attorney, if

7 any, may formally request copies of all documents and evidence

8 considered by the Department in making its determination. The

9 Department shall provide the requested documents and evidence

10 within 14 calendar days of receiving the written request.

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