Rep. Deb Conroy
Filed: 2/26/2018
 
 


 




10000HB1664ham001LRB100 03198 SLF 36702 a



1
AMENDMENT TO HOUSE BILL 1664




2 AMENDMENT NO. ______. Amend House Bill 1664 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Freedom of Information Act is amended by 
5changing Section 7.5 as follows:

6 (5 ILCS 140/7.5)
7 (Text of Section before amendment by P.A. 100-512 and 
8100-517)
9 Sec. 7.5. Statutory exemptions. To the extent provided for 
10by the statutes referenced below, the following shall be exempt 
11from inspection and copying:
12  (a) All information determined to be confidential 
13 under Section 4002 of the Technology Advancement and 
14 Development Act.
15  (b) Library circulation and order records identifying 
16 library users with specific materials under the Library 
 
 
10000HB1664ham001- 2 -LRB100 03198 SLF 36702 a


1 Records Confidentiality Act.
2  (c) Applications, related documents, and medical 
3 records received by the Experimental Organ Transplantation 
4 Procedures Board and any and all documents or other records 
5 prepared by the Experimental Organ Transplantation 
6 Procedures Board or its staff relating to applications it 
7 has received.
8  (d) Information and records held by the Department of 
9 Public Health and its authorized representatives relating 
10 to known or suspected cases of sexually transmissible 
11 disease or any information the disclosure of which is 
12 restricted under the Illinois Sexually Transmissible 
13 Disease Control Act.
14  (e) Information the disclosure of which is exempted 
15 under Section 30 of the Radon Industry Licensing Act.
16  (f) Firm performance evaluations under Section 55 of 
17 the Architectural, Engineering, and Land Surveying 
18 Qualifications Based Selection Act.
19  (g) Information the disclosure of which is restricted 
20 and exempted under Section 50 of the Illinois Prepaid 
21 Tuition Act.
22  (h) Information the disclosure of which is exempted 
23 under the State Officials and Employees Ethics Act, and 
24 records of any lawfully created State or local inspector 
25 general's office that would be exempt if created or 
26 obtained by an Executive Inspector General's office under 
 
 
10000HB1664ham001- 3 -LRB100 03198 SLF 36702 a


1 that Act.
2  (i) Information contained in a local emergency energy 
3 plan submitted to a municipality in accordance with a local 
4 emergency energy plan ordinance that is adopted under 
5 Section 11-21.5-5 of the Illinois Municipal Code.
6  (j) Information and data concerning the distribution 
7 of surcharge moneys collected and remitted by carriers 
8 under the Emergency Telephone System Act.
9  (k) Law enforcement officer identification information 
10 or driver identification information compiled by a law 
11 enforcement agency or the Department of Transportation 
12 under Section 11-212 of the Illinois Vehicle Code.
13  (l) Records and information provided to a residential 
14 health care facility resident sexual assault and death 
15 review team or the Executive Council under the Abuse 
16 Prevention Review Team Act.
17  (m) Information provided to the predatory lending 
18 database created pursuant to Article 3 of the Residential 
19 Real Property Disclosure Act, except to the extent 
20 authorized under that Article.
21  (n) Defense budgets and petitions for certification of 
22 compensation and expenses for court appointed trial 
23 counsel as provided under Sections 10 and 15 of the Capital 
24 Crimes Litigation Act. This subsection (n) shall apply 
25 until the conclusion of the trial of the case, even if the 
26 prosecution chooses not to pursue the death penalty prior 
 
 
10000HB1664ham001- 4 -LRB100 03198 SLF 36702 a


1 to trial or sentencing.
2  (o) Information that is prohibited from being 
3 disclosed under Section 4 of the Illinois Health and 
4 Hazardous Substances Registry Act.
5  (p) Security portions of system safety program plans, 
6 investigation reports, surveys, schedules, lists, data, or 
7 information compiled, collected, or prepared by or for the 
8 Regional Transportation Authority under Section 2.11 of 
9 the Regional Transportation Authority Act or the St. Clair 
10 County Transit District under the Bi-State Transit Safety 
11 Act. 
12  (q) Information prohibited from being disclosed by the 
13 Personnel Records Review Act. 
14  (r) Information prohibited from being disclosed by the 
15 Illinois School Student Records Act. 
16  (s) Information the disclosure of which is restricted 
17 under Section 5-108 of the Public Utilities Act. 

18  (t) All identified or deidentified health information 
19 in the form of health data or medical records contained in, 
20 stored in, submitted to, transferred by, or released from 
21 the Illinois Health Information Exchange, and identified 
22 or deidentified health information in the form of health 
23 data and medical records of the Illinois Health Information 
24 Exchange in the possession of the Illinois Health 
25 Information Exchange Authority due to its administration 
26 of the Illinois Health Information Exchange. The terms 
 
 
10000HB1664ham001- 5 -LRB100 03198 SLF 36702 a


1 "identified" and "deidentified" shall be given the same 
2 meaning as in the Health Insurance Portability and 
3 Accountability Act of 1996, Public Law 104-191, or any 
4 subsequent amendments thereto, and any regulations 
5 promulgated thereunder. 
6  (u) Records and information provided to an independent 
7 team of experts under Brian's Law. 
8  (v) Names and information of people who have applied 
9 for or received Firearm Owner's Identification Cards under 
10 the Firearm Owners Identification Card Act or applied for 
11 or received a concealed carry license under the Firearm 
12 Concealed Carry Act, unless otherwise authorized by the 
13 Firearm Concealed Carry Act; and databases under the 
14 Firearm Concealed Carry Act, records of the Concealed Carry 
15 Licensing Review Board under the Firearm Concealed Carry 
16 Act, and law enforcement agency objections under the 
17 Firearm Concealed Carry Act. 
18  (w) Personally identifiable information which is 
19 exempted from disclosure under subsection (g) of Section 
20 19.1 of the Toll Highway Act.
21  (x) Information which is exempted from disclosure 
22 under Section 5-1014.3 of the Counties Code or Section 
23 8-11-21 of the Illinois Municipal Code. 
24  (y) Confidential information under the Adult 
25 Protective Services Act and its predecessor enabling 
26 statute, the Elder Abuse and Neglect Act, including 
 
 
10000HB1664ham001- 6 -LRB100 03198 SLF 36702 a


1 information about the identity and administrative finding 
2 against any caregiver of a verified and substantiated 
3 decision of abuse, neglect, or financial exploitation of an 
4 eligible adult maintained in the Registry established 
5 under Section 7.5 of the Adult Protective Services Act. 
6  (z) Records and information provided to a fatality 
7 review team or the Illinois Fatality Review Team Advisory 
8 Council under Section 15 of the Adult Protective Services 
9 Act. 
10  (aa) Information which is exempted from disclosure 
11 under Section 2.37 of the Wildlife Code. 
12  (bb) Information which is or was prohibited from 
13 disclosure by the Juvenile Court Act of 1987. 
14  (cc) Recordings made under the Law Enforcement 
15 Officer-Worn Body Camera Act, except to the extent 
16 authorized under that Act.
17  (dd) Information that is prohibited from being 
18 disclosed under Section 45 of the Condominium and Common 
19 Interest Community Ombudsperson Act. 
20  (ee) Information that is exempted from disclosure 
21 under Section 30.1 of the Pharmacy Practice Act. 
22  (ff) Information that is exempted from disclosure 
23 under the Revised Uniform Unclaimed Property Act. 
24  (gg) (ff) Information that is prohibited from being 
25 disclosed under Section 7-603.5 of the Illinois Vehicle 
26 Code. 
 
 
10000HB1664ham001- 7 -LRB100 03198 SLF 36702 a


1  (hh) (ff) Records that are exempt from disclosure under 
2 Section 1A-16.7 of the Election Code. 
3  (ii) (ff) Information which is exempted from 
4 disclosure under Section 2505-800 of the Department of 
5 Revenue Law of the Civil Administrative Code of Illinois. 
6(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, 
7eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 
899-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; 
9100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. 
108-28-17; 100-465, eff. 8-31-17; revised 11-2-17.)

11 (Text of Section after amendment by P.A. 100-517 but before 
12amendment by P.A. 100-512)
13 Sec. 7.5. Statutory exemptions. To the extent provided for 
14by the statutes referenced below, the following shall be exempt 
15from inspection and copying:
16  (a) All information determined to be confidential 
17 under Section 4002 of the Technology Advancement and 
18 Development Act.
19  (b) Library circulation and order records identifying 
20 library users with specific materials under the Library 
21 Records Confidentiality Act.
22  (c) Applications, related documents, and medical 
23 records received by the Experimental Organ Transplantation 
24 Procedures Board and any and all documents or other records 
25 prepared by the Experimental Organ Transplantation 
 
 
10000HB1664ham001- 8 -LRB100 03198 SLF 36702 a


1 Procedures Board or its staff relating to applications it 
2 has received.
3  (d) Information and records held by the Department of 
4 Public Health and its authorized representatives relating 
5 to known or suspected cases of sexually transmissible 
6 disease or any information the disclosure of which is 
7 restricted under the Illinois Sexually Transmissible 
8 Disease Control Act.
9  (e) Information the disclosure of which is exempted 
10 under Section 30 of the Radon Industry Licensing Act.
11  (f) Firm performance evaluations under Section 55 of 
12 the Architectural, Engineering, and Land Surveying 
13 Qualifications Based Selection Act.
14  (g) Information the disclosure of which is restricted 
15 and exempted under Section 50 of the Illinois Prepaid 
16 Tuition Act.
17  (h) Information the disclosure of which is exempted 
18 under the State Officials and Employees Ethics Act, and 
19 records of any lawfully created State or local inspector 
20 general's office that would be exempt if created or 
21 obtained by an Executive Inspector General's office under 
22 that Act.
23  (i) Information contained in a local emergency energy 
24 plan submitted to a municipality in accordance with a local 
25 emergency energy plan ordinance that is adopted under 
26 Section 11-21.5-5 of the Illinois Municipal Code.
 
 
10000HB1664ham001- 9 -LRB100 03198 SLF 36702 a


1  (j) Information and data concerning the distribution 
2 of surcharge moneys collected and remitted by carriers 
3 under the Emergency Telephone System Act.
4  (k) Law enforcement officer identification information 
5 or driver identification information compiled by a law 
6 enforcement agency or the Department of Transportation 
7 under Section 11-212 of the Illinois Vehicle Code.
8  (l) Records and information provided to a residential 
9 health care facility resident sexual assault and death 
10 review team or the Executive Council under the Abuse 
11 Prevention Review Team Act.
12  (m) Information provided to the predatory lending 
13 database created pursuant to Article 3 of the Residential 
14 Real Property Disclosure Act, except to the extent 
15 authorized under that Article.
16  (n) Defense budgets and petitions for certification of 
17 compensation and expenses for court appointed trial 
18 counsel as provided under Sections 10 and 15 of the Capital 
19 Crimes Litigation Act. This subsection (n) shall apply 
20 until the conclusion of the trial of the case, even if the 
21 prosecution chooses not to pursue the death penalty prior 
22 to trial or sentencing.
23  (o) Information that is prohibited from being 
24 disclosed under Section 4 of the Illinois Health and 
25 Hazardous Substances Registry Act.
26  (p) Security portions of system safety program plans, 
 
 
10000HB1664ham001- 10 -LRB100 03198 SLF 36702 a


1 investigation reports, surveys, schedules, lists, data, or 
2 information compiled, collected, or prepared by or for the 
3 Regional Transportation Authority under Section 2.11 of 
4 the Regional Transportation Authority Act or the St. Clair 
5 County Transit District under the Bi-State Transit Safety 
6 Act. 
7  (q) Information prohibited from being disclosed by the 
8 Personnel Records Review Act. 
9  (r) Information prohibited from being disclosed by the 
10 Illinois School Student Records Act. 
11  (s) Information the disclosure of which is restricted 
12 under Section 5-108 of the Public Utilities Act. 

13  (t) All identified or deidentified health information 
14 in the form of health data or medical records contained in, 
15 stored in, submitted to, transferred by, or released from 
16 the Illinois Health Information Exchange, and identified 
17 or deidentified health information in the form of health 
18 data and medical records of the Illinois Health Information 
19 Exchange in the possession of the Illinois Health 
20 Information Exchange Authority due to its administration 
21 of the Illinois Health Information Exchange. The terms 
22 "identified" and "deidentified" shall be given the same 
23 meaning as in the Health Insurance Portability and 
24 Accountability Act of 1996, Public Law 104-191, or any 
25 subsequent amendments thereto, and any regulations 
26 promulgated thereunder. 
 
 
10000HB1664ham001- 11 -LRB100 03198 SLF 36702 a


1  (u) Records and information provided to an independent 
2 team of experts under Brian's Law. 
3  (v) Names and information of people who have applied 
4 for or received Firearm Owner's Identification Cards under 
5 the Firearm Owners Identification Card Act or applied for 
6 or received a concealed carry license under the Firearm 
7 Concealed Carry Act, unless otherwise authorized by the 
8 Firearm Concealed Carry Act; and databases under the 
9 Firearm Concealed Carry Act, records of the Concealed Carry 
10 Licensing Review Board under the Firearm Concealed Carry 
11 Act, and law enforcement agency objections under the 
12 Firearm Concealed Carry Act. 
13  (w) Personally identifiable information which is 
14 exempted from disclosure under subsection (g) of Section 
15 19.1 of the Toll Highway Act.
16  (x) Information which is exempted from disclosure 
17 under Section 5-1014.3 of the Counties Code or Section 
18 8-11-21 of the Illinois Municipal Code. 
19  (y) Confidential information under the Adult 
20 Protective Services Act and its predecessor enabling 
21 statute, the Elder Abuse and Neglect Act, including 
22 information about the identity and administrative finding 
23 against any caregiver of a verified and substantiated 
24 decision of abuse, neglect, or financial exploitation of an 
25 eligible adult maintained in the Registry established 
26 under Section 7.5 of the Adult Protective Services Act. 
 
 
10000HB1664ham001- 12 -LRB100 03198 SLF 36702 a


1  (z) Records and information provided to a fatality 
2 review team or the Illinois Fatality Review Team Advisory 
3 Council under Section 15 of the Adult Protective Services 
4 Act. 
5  (aa) Information which is exempted from disclosure 
6 under Section 2.37 of the Wildlife Code. 
7  (bb) Information which is or was prohibited from 
8 disclosure by the Juvenile Court Act of 1987. 
9  (cc) Recordings made under the Law Enforcement 
10 Officer-Worn Body Camera Act, except to the extent 
11 authorized under that Act.
12  (dd) Information that is prohibited from being 
13 disclosed under Section 45 of the Condominium and Common 
14 Interest Community Ombudsperson Act. 
15  (ee) Information that is exempted from disclosure 
16 under Section 30.1 of the Pharmacy Practice Act. 
17  (ff) Information that is exempted from disclosure 
18 under the Revised Uniform Unclaimed Property Act. 
19  (gg) (ff) Information that is prohibited from being 
20 disclosed under Section 7-603.5 of the Illinois Vehicle 
21 Code. 
22  (hh) (ff) Records that are exempt from disclosure under 
23 Section 1A-16.7 of the Election Code. 
24  (ii) (ff) Information which is exempted from 
25 disclosure under Section 2505-800 of the Department of 
26 Revenue Law of the Civil Administrative Code of Illinois. 
 
 
10000HB1664ham001- 13 -LRB100 03198 SLF 36702 a


1  (jj) (ff) Information and reports that are required to 
2 be submitted to the Department of Labor by registering day 
3 and temporary labor service agencies but are exempt from 
4 disclosure under subsection (a-1) of Section 45 of the Day 
5 and Temporary Labor Services Act. 
6(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, 
7eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 
899-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; 
9100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. 
108-28-17; 100-465, eff. 8-31-17; 100-517, eff. 6-1-18; revised 
1111-2-17.)

12 (Text of Section after amendment by P.A. 100-512)
13 Sec. 7.5. Statutory exemptions. To the extent provided for 
14by the statutes referenced below, the following shall be exempt 
15from inspection and copying:
16  (a) All information determined to be confidential 
17 under Section 4002 of the Technology Advancement and 
18 Development Act.
19  (b) Library circulation and order records identifying 
20 library users with specific materials under the Library 
21 Records Confidentiality Act.
22  (c) Applications, related documents, and medical 
23 records received by the Experimental Organ Transplantation 
24 Procedures Board and any and all documents or other records 
25 prepared by the Experimental Organ Transplantation 
 
 
10000HB1664ham001- 14 -LRB100 03198 SLF 36702 a


1 Procedures Board or its staff relating to applications it 
2 has received.
3  (d) Information and records held by the Department of 
4 Public Health and its authorized representatives relating 
5 to known or suspected cases of sexually transmissible 
6 disease or any information the disclosure of which is 
7 restricted under the Illinois Sexually Transmissible 
8 Disease Control Act.
9  (e) Information the disclosure of which is exempted 
10 under Section 30 of the Radon Industry Licensing Act.
11  (f) Firm performance evaluations under Section 55 of 
12 the Architectural, Engineering, and Land Surveying 
13 Qualifications Based Selection Act.
14  (g) Information the disclosure of which is restricted 
15 and exempted under Section 50 of the Illinois Prepaid 
16 Tuition Act.
17  (h) Information the disclosure of which is exempted 
18 under the State Officials and Employees Ethics Act, and 
19 records of any lawfully created State or local inspector 
20 general's office that would be exempt if created or 
21 obtained by an Executive Inspector General's office under 
22 that Act.
23  (i) Information contained in a local emergency energy 
24 plan submitted to a municipality in accordance with a local 
25 emergency energy plan ordinance that is adopted under 
26 Section 11-21.5-5 of the Illinois Municipal Code.
 
 
10000HB1664ham001- 15 -LRB100 03198 SLF 36702 a


1  (j) Information and data concerning the distribution 
2 of surcharge moneys collected and remitted by carriers 
3 under the Emergency Telephone System Act.
4  (k) Law enforcement officer identification information 
5 or driver identification information compiled by a law 
6 enforcement agency or the Department of Transportation 
7 under Section 11-212 of the Illinois Vehicle Code.
8  (l) Records and information provided to a residential 
9 health care facility resident sexual assault and death 
10 review team or the Executive Council under the Abuse 
11 Prevention Review Team Act.
12  (m) Information provided to the predatory lending 
13 database created pursuant to Article 3 of the Residential 
14 Real Property Disclosure Act, except to the extent 
15 authorized under that Article.
16  (n) Defense budgets and petitions for certification of 
17 compensation and expenses for court appointed trial 
18 counsel as provided under Sections 10 and 15 of the Capital 
19 Crimes Litigation Act. This subsection (n) shall apply 
20 until the conclusion of the trial of the case, even if the 
21 prosecution chooses not to pursue the death penalty prior 
22 to trial or sentencing.
23  (o) Information that is prohibited from being 
24 disclosed under Section 4 of the Illinois Health and 
25 Hazardous Substances Registry Act.
26  (p) Security portions of system safety program plans, 
 
 
10000HB1664ham001- 16 -LRB100 03198 SLF 36702 a


1 investigation reports, surveys, schedules, lists, data, or 
2 information compiled, collected, or prepared by or for the 
3 Regional Transportation Authority under Section 2.11 of 
4 the Regional Transportation Authority Act or the St. Clair 
5 County Transit District under the Bi-State Transit Safety 
6 Act. 
7  (q) Information prohibited from being disclosed by the 
8 Personnel Records Review Act. 
9  (r) Information prohibited from being disclosed by the 
10 Illinois School Student Records Act. 
11  (s) Information the disclosure of which is restricted 
12 under Section 5-108 of the Public Utilities Act. 

13  (t) All identified or deidentified health information 
14 in the form of health data or medical records contained in, 
15 stored in, submitted to, transferred by, or released from 
16 the Illinois Health Information Exchange, and identified 
17 or deidentified health information in the form of health 
18 data and medical records of the Illinois Health Information 
19 Exchange in the possession of the Illinois Health 
20 Information Exchange Authority due to its administration 
21 of the Illinois Health Information Exchange. The terms 
22 "identified" and "deidentified" shall be given the same 
23 meaning as in the Health Insurance Portability and 
24 Accountability Act of 1996, Public Law 104-191, or any 
25 subsequent amendments thereto, and any regulations 
26 promulgated thereunder. 
 
 
10000HB1664ham001- 17 -LRB100 03198 SLF 36702 a


1  (u) Records and information provided to an independent 
2 team of experts under Brian's Law. 
3  (v) Names and information of people who have applied 
4 for or received Firearm Owner's Identification Cards under 
5 the Firearm Owners Identification Card Act or applied for 
6 or received a concealed carry license under the Firearm 
7 Concealed Carry Act, unless otherwise authorized by the 
8 Firearm Concealed Carry Act; and databases under the 
9 Firearm Concealed Carry Act, records of the Concealed Carry 
10 Licensing Review Board under the Firearm Concealed Carry 
11 Act, and law enforcement agency objections under the 
12 Firearm Concealed Carry Act. 
13  (w) Personally identifiable information which is 
14 exempted from disclosure under subsection (g) of Section 
15 19.1 of the Toll Highway Act.
16  (x) Information which is exempted from disclosure 
17 under Section 5-1014.3 of the Counties Code or Section 
18 8-11-21 of the Illinois Municipal Code. 
19  (y) Confidential information under the Adult 
20 Protective Services Act and its predecessor enabling 
21 statute, the Elder Abuse and Neglect Act, including 
22 information about the identity and administrative finding 
23 against any caregiver of a verified and substantiated 
24 decision of abuse, neglect, or financial exploitation of an 
25 eligible adult maintained in the Registry established 
26 under Section 7.5 of the Adult Protective Services Act. 
 
 
10000HB1664ham001- 18 -LRB100 03198 SLF 36702 a


1  (z) Records and information provided to a fatality 
2 review team or the Illinois Fatality Review Team Advisory 
3 Council under Section 15 of the Adult Protective Services 
4 Act. 
5  (aa) Information which is exempted from disclosure 
6 under Section 2.37 of the Wildlife Code. 
7  (bb) Information which is or was prohibited from 
8 disclosure by the Juvenile Court Act of 1987. 
9  (cc) Recordings made under the Law Enforcement 
10 Officer-Worn Body Camera Act, except to the extent 
11 authorized under that Act.
12  (dd) Information that is prohibited from being 
13 disclosed under Section 45 of the Condominium and Common 
14 Interest Community Ombudsperson Act. 
15  (ee) Information that is exempted from disclosure 
16 under Section 30.1 of the Pharmacy Practice Act. 
17  (ff) Information that is exempted from disclosure 
18 under the Revised Uniform Unclaimed Property Act. 
19  (gg) (ff) Information that is prohibited from being 
20 disclosed under Section 7-603.5 of the Illinois Vehicle 
21 Code. 
22  (hh) (ff) Records that are exempt from disclosure under 
23 Section 1A-16.7 of the Election Code. 
24  (ii) (ff) Information which is exempted from 
25 disclosure under Section 2505-800 of the Department of 
26 Revenue Law of the Civil Administrative Code of Illinois. 
 
 
10000HB1664ham001- 19 -LRB100 03198 SLF 36702 a


1  (jj) (ff) Information and reports that are required to 
2 be submitted to the Department of Labor by registering day 
3 and temporary labor service agencies but are exempt from 
4 disclosure under subsection (a-1) of Section 45 of the Day 
5 and Temporary Labor Services Act. 
6  (kk) (ff) Information prohibited from disclosure under 
7 the Seizure and Forfeiture Reporting Act. 
8  (ll) Records that are exempt from disclosure under 
9 Section 2605-477 of the Department of State Police Law of 
10 the
Civil Administrative Code of Illinois. 
11(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, 
12eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 
1399-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; 
14100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. 
158-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, 
16eff. 6-1-18; revised 11-2-17.)

17 Section 10. The Department of State Police Law of the
Civil 
18Administrative Code of Illinois is amended by adding Section 
192605-477 as follows:

20 (20 ILCS 2605/2605-477 new)
21 Sec. 2605-477. Dangerous Persons Hotline.
22 (a) The Department of State Police shall provide a 
23Dangerous Persons Hotline to consist of a website and a 
24toll-free number to enable a person to notify the Department if 
 
 
10000HB1664ham001- 20 -LRB100 03198 SLF 36702 a


1the person has a reason to believe another person is: (1) a 
2clear and present danger to himself or herself or another 
3person; and (2) in possession of, or has access to, a firearm.
4 (b) The hotline shall permit a person with the option to 
5report anonymously. The Department shall keep records of the 
6accounts taken by the hotline which shall not be subject to 
7disclosure under Section 7.5 of the Freedom of Information Act. 
8The Department shall, by rule, establish procedures for the 
9Dangerous Persons Hotline. 

10 Section 15. The School Code is amended by adding Sections 
1110-20.67 and 10-30 as follows:

12 (105 ILCS 5/10-20.67 new)
13 Sec. 10-20.67. Dangerous Persons Hotline.
14 (a) The Department of State Police shall, in cooperation 
15with each school board, distribute appropriate materials in 
16school buildings listing the toll-free telephone number and 
17website established in conjunction with the Dangerous Persons 
18Hotline established under Section 2605-477 of the Department of 
19State Police Law of the Civil Administrative Code of Illinois, 
20including methods of making a report, which shall be displayed 
21in a clearly visible location in each school building.
22 (b) Each school board shall send a letter to parents 
23informing them of the Dangerous Persons Hotline established 
24under Section 2605-477 of the Department of State Police Law of 
 
 
10000HB1664ham001- 21 -LRB100 03198 SLF 36702 a


1the Civil Administrative Code of Illinois and place this 
2information on the school board's website. 

3 (105 ILCS 5/10-30 new)
4 Sec. 10-30. Dangerous Persons Hotline.
5 (a) The Department of State Police shall, in cooperation 
6with the board, distribute appropriate materials in school 
7buildings listing the toll-free telephone number and website 
8established in conjunction with the Dangerous Persons Hotline 
9established under Section 2605-477 of the Department of State 
10Police Law of the Civil Administrative Code of Illinois, 
11including methods of making a report, which shall be displayed 
12in a clearly visible location in each school building.
13 (b) The board shall send a letter to parents informing them 
14of the Dangerous Persons Hotline established under Section 
152605-477 of the Department of State Police Law of the Civil 
16Administrative Code of Illinois and place this information on 
17the board's website. 

18 Section 20. The Firearm Owners Identification Card Act is 
19amended by changing Sections 1.1, 4, 8, and 10 as follows:



20 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)


21 Sec. 1.1. For purposes of this Act: 

22 "Addicted to narcotics" means a person who has been: 
23  (1) convicted of an offense involving the use or 
 
 
10000HB1664ham001- 22 -LRB100 03198 SLF 36702 a


1 possession of cannabis, a controlled substance, or 
2 methamphetamine within the past year; or 
3  (2) determined by the Department of State Police to be 
4 addicted to narcotics based upon federal law or federal 
5 guidelines. 
6 "Addicted to narcotics" does not include possession or use 
7of a prescribed controlled substance under the direction and 
8authority of a physician or other person authorized to 
9prescribe the controlled substance when the controlled 
10substance is used in the prescribed manner.
11 "Adjudicated as a person with a mental disability" means 
12the person is the subject of a determination by a court, board, 
13commission or other lawful authority that the person, as a 
14result of marked subnormal intelligence, or mental illness, 
15mental impairment, incompetency, condition, or disease:
16  (1) presents a clear and present danger to himself, 
17 herself, or to others;
18  (2) lacks the mental capacity to manage his or her own 
19 affairs or is adjudicated a person with a disability as 
20 defined in Section 11a-2 of the Probate Act of 1975;
21  (3) is not guilty in a criminal case by reason of 
22 insanity, mental disease or defect;
23  (3.5) is guilty but mentally ill, as provided in 
24 Section 5-2-6 of the Unified Code of Corrections; 
25  (4) is incompetent to stand trial in a criminal case; 
26  (5) is not guilty by reason of lack of mental 
 
 
10000HB1664ham001- 23 -LRB100 03198 SLF 36702 a


1 responsibility under Articles 50a and 72b of the Uniform 
2 Code of Military Justice, 10 U.S.C. 850a, 876b;

3  (6) is a sexually violent person under subsection (f) 
4 of Section 5 of the Sexually Violent Persons Commitment 
5 Act; 
6  (7) is a sexually dangerous person under the Sexually 
7 Dangerous Persons Act; 
8  (8) is unfit to stand trial under the Juvenile Court 
9 Act of 1987; 
10  (9) is not guilty by reason of insanity under the 
11 Juvenile Court Act of 1987; 
12  (10) is subject to involuntary admission as an 
13 inpatient as defined in Section 1-119 of the Mental Health 
14 and Developmental Disabilities Code; 
15  (11) is subject to involuntary admission as an 
16 outpatient as defined in Section 1-119.1 of the Mental 
17 Health and Developmental Disabilities Code; 
18  (12) is subject to judicial admission as set forth in 
19 Section 4-500 of the Mental Health and Developmental 
20 Disabilities Code; or 
21  (13) is subject to the provisions of the Interstate 
22 Agreements on Sexually Dangerous Persons Act. 
23 "Clear and present danger" means a person who:
24  (1) communicates a serious threat of physical violence 
25 against a reasonably identifiable victim or poses a clear 
26 and imminent risk of serious physical injury to himself, 
 
 
10000HB1664ham001- 24 -LRB100 03198 SLF 36702 a


1 herself, or another person as determined by a physician, 
2 clinical psychologist, or qualified examiner; or
3  (2) demonstrates threatening physical or verbal 
4 behavior, such as violent, suicidal, or assaultive 
5 threats, actions, or other behavior, as determined by a 
6 physician, clinical psychologist, qualified examiner, 
7 school administrator, or law enforcement official.
8 "Clinical psychologist" has the meaning provided in 
9Section 1-103 of the Mental Health and Developmental 
10Disabilities Code.
11 "Controlled substance" means a controlled substance or 
12controlled substance analog as defined in the Illinois 
13Controlled Substances Act. 
14 "Counterfeit" means to copy or imitate, without legal 
15authority, with
intent
to deceive.
16 "Federally licensed firearm dealer" means a person who is 
17licensed as a federal firearms dealer under Section 923 of the 
18federal Gun Control Act of 1968 (18 U.S.C. 923).


19 "Firearm" means any device, by
whatever name known, which 
20is designed to expel a projectile or projectiles
by the action 
21of an explosion, expansion of gas or escape of gas; excluding,

22however:

23  (1) any pneumatic gun, spring gun, paint ball gun, or 
24 B-B gun which
expels a single globular projectile not 
25 exceeding .18 inch in
diameter or which has a maximum 
26 muzzle velocity of less than 700 feet
per second;

 
 
10000HB1664ham001- 25 -LRB100 03198 SLF 36702 a


1  (1.1) any pneumatic gun, spring gun, paint ball gun, or 
2 B-B gun which expels breakable paint balls containing 
3 washable marking colors; 
4  (2) any device used exclusively for signalling or 
5 safety and required or
recommended by the United States 
6 Coast Guard or the Interstate Commerce
Commission;

7  (3) any device used exclusively for the firing of stud 
8 cartridges,
explosive rivets or similar industrial 
9 ammunition; and

10  (4) an antique firearm (other than a machine-gun) 
11 which, although
designed as a weapon, the Department of 
12 State Police finds by reason of
the date of its 
13 manufacture, value, design, and other characteristics is

14 primarily a collector's item and is not likely to be used 
15 as a weapon.

16 "Firearm ammunition" means any self-contained cartridge or 
17shotgun
shell, by whatever name known, which is designed to be 
18used or adaptable to
use in a firearm; excluding, however:

19  (1) any ammunition exclusively designed for use with a 
20 device used
exclusively for signalling or safety and 
21 required or recommended by the
United States Coast Guard or 
22 the Interstate Commerce Commission; and

23  (2) any ammunition designed exclusively for use with a 
24 stud or rivet
driver or other similar industrial 
25 ammunition.
26 "Gun show" means an event or function:
 
 
10000HB1664ham001- 26 -LRB100 03198 SLF 36702 a


1  (1) at which the sale and transfer of firearms is the 
2 regular and normal course of business and where 50 or more 
3 firearms are displayed, offered, or exhibited for sale, 
4 transfer, or exchange; or
5  (2) at which not less than 10 gun show vendors display, 
6 offer, or exhibit for sale, sell, transfer, or exchange 
7 firearms.

8 "Gun show" includes the entire premises provided for an 
9event or function, including parking areas for the event or 
10function, that is sponsored to facilitate the purchase, sale, 
11transfer, or exchange of firearms as described in this Section.

12Nothing in this definition shall be construed to exclude a gun 
13show held in conjunction with competitive shooting events at 
14the World Shooting Complex sanctioned by a national governing 
15body in which the sale or transfer of firearms is authorized 
16under subparagraph (5) of paragraph (g) of subsection (A) of 
17Section 24-3 of the Criminal Code of 2012. 
18 Unless otherwise expressly stated, "gun show" does not 
19include training or safety classes, competitive shooting 
20events, such as rifle, shotgun, or handgun matches, trap, 
21skeet, or sporting clays shoots, dinners, banquets, raffles, or

22any other event where the sale or transfer of firearms is not 
23the primary course of business.
24 "Gun show promoter" means a person who organizes or 
25operates a gun show.
26 "Gun show vendor" means a person who exhibits, sells, 
 
 
10000HB1664ham001- 27 -LRB100 03198 SLF 36702 a


1offers for sale, transfers, or exchanges any firearms at a gun 
2show, regardless of whether the person arranges with a gun show 
3promoter for a fixed location from which to exhibit, sell, 
4offer for sale, transfer, or exchange any firearm.
5 "Involuntarily admitted" has the meaning as prescribed in 
6Sections 1-119 and 1-119.1 of the Mental Health and 
7Developmental Disabilities Code. 
8 "Mental health facility" means any licensed private 
9hospital or hospital affiliate, institution, or facility, or 
10part thereof, and any facility, or part thereof, operated by 
11the State or a political subdivision thereof which provide 
12treatment of persons with mental illness and includes all 
13hospitals, institutions, clinics, evaluation facilities, 
14mental health centers, colleges, universities, long-term care 
15facilities, and nursing homes, or parts thereof, which provide 
16treatment of persons with mental illness whether or not the 
17primary purpose is to provide treatment of persons with mental 
18illness. 
19 "National governing body" means a group of persons who 
20adopt rules and formulate policy on behalf of a national 
21firearm sporting organization. 
22 "Patient" means: 
23  (1) a person who: 
24   (a) is admitted as an in-patient or resident of a 
25 public or private mental health facility for mental 
26 health treatment under Chapter III of the Mental Health 
 
 
10000HB1664ham001- 28 -LRB100 03198 SLF 36702 a


1 and Developmental Disabilities Code as an informal 
2 admission under Article III, a voluntary admission 
3 under Article IV, a minor admission under Article V, an 
4 emergency admission under Article VI, or an 
5 involuntary admission under Article VII; or 
6   (b) is otherwise provided mental health treatment 
7 as an in-patient or resident by a voluntarily receives 
8 mental health treatment as an in-patient or resident of 
9 any public or private mental health facility, unless 
10 the treatment was solely for an alcohol abuse disorder 
11 and no other secondary substance abuse disorder or 
12 mental illness; or 
13  (2) a person who voluntarily or involuntarily receives 
14 mental health treatment as an out-patient or is otherwise 
15 provided services by a public or private mental health 
16 facility, and who poses a clear and present danger to 
17 himself, herself, or to others. 
18 "Person with a developmental disability" means a person 
19with a disability which is attributable to any other condition 
20which results in impairment similar to that caused by an 
21intellectual disability and which requires services similar to 
22those required by persons with intellectual disabilities. The 
23disability must originate before the age of 18
years, be 
24expected to continue indefinitely, and constitute a 
25substantial disability. This disability results, in the 
26professional opinion of a physician, clinical psychologist, or 
 
 
10000HB1664ham001- 29 -LRB100 03198 SLF 36702 a


1qualified examiner, in significant functional limitations in 3 
2or more of the following areas of major life activity:
3  (i) self-care;
4  (ii) receptive and expressive language;
5  (iii) learning;
6  (iv) mobility; or
7  (v) self-direction. 
8 "Person with an intellectual disability" means a person 
9with a significantly subaverage general intellectual 
10functioning which exists concurrently with impairment in 
11adaptive behavior and which originates before the age of 18 
12years. 
13 "Physician" has the meaning as defined in Section 1-120 of 
14the Mental Health and Developmental Disabilities Code.
15 "Qualified examiner" has the meaning provided in Section 
161-122 of the Mental Health and Developmental Disabilities Code.
17 "Sanctioned competitive shooting event" means a shooting 
18contest officially recognized by a national or state shooting 
19sport association, and includes any sight-in or practice 
20conducted in conjunction with the event.


21 "School administrator" means the person required to report 
22under the School Administrator Reporting of Mental Health Clear 
23and Present Danger Determinations Law.
24 "Stun gun or taser" has the meaning ascribed to it in 
25Section 24-1 of the Criminal Code of 2012.
26(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, 
 
 
10000HB1664ham001- 30 -LRB100 03198 SLF 36702 a


1eff. 7-27-15; 99-642, eff. 7-28-16.)



2 (430 ILCS 65/4) (from Ch. 38, par. 83-4)


3 Sec. 4. (a) Each applicant for a Firearm Owner's 
4Identification Card must: 


5  (1) Make application on blank forms prepared and 
6 furnished at convenient
locations throughout the State by 
7 the Department of State Police, or by
electronic means, if 
8 and when made available by the Department of State
Police; 
9 and


10  (2) Submit evidence to the Department of State Police 
11 that:


12   (i) He or she is 21 years of age or over, or if he 
13 or she is under 21
years of age that he or she has the 
14 written consent of his or her parent or
legal guardian 
15 to possess and acquire firearms and firearm ammunition 
16 and that
he or she has never been convicted of a 
17 misdemeanor other than a traffic
offense or adjudged

18 delinquent, provided, however, that such parent or 
19 legal guardian is not an
individual prohibited from 
20 having a Firearm Owner's Identification Card and
files 
21 an affidavit with the Department as prescribed by the 
22 Department
stating that he or she is not an individual 
23 prohibited from having a Card;


24   (ii) He or she has not been convicted of a felony 
25 under the laws of
this or any other jurisdiction;


 
 
10000HB1664ham001- 31 -LRB100 03198 SLF 36702 a


1   (iii) He or she is not addicted to narcotics;


2   (iv) He or she has not been a patient in a mental 
3 health facility within
the past 10 5 years or, if he or 
4 she has been a patient in a mental health facility more 
5 than 10 5 years ago submit the certification required 
6 under subsection (u) of Section 8 of this Act;


7   (v) He or she is not a person with an intellectual 
8 disability;


9   (vi) He or she is not an alien who is unlawfully 
10 present in the
United States under the laws of the 
11 United States;


12   (vii) He or she is not subject to an existing order 
13 of protection
prohibiting him or her from possessing a 
14 firearm;


15   (viii) He or she has not been convicted within the 
16 past 5 years of
battery, assault, aggravated assault, 
17 violation of an order of
protection, or a substantially 
18 similar offense in another jurisdiction, in
which a 
19 firearm was used or possessed;


20   (ix) He or she has not been convicted of domestic 
21 battery, aggravated domestic battery, or a

22 substantially similar offense in another
jurisdiction 
23 committed before, on or after January 1, 2012 (the 
24 effective date of Public Act 97-158). If the applicant 
25 knowingly and intelligently waives the right to have an 
26 offense described in this clause (ix) tried by a jury, 
 
 
10000HB1664ham001- 32 -LRB100 03198 SLF 36702 a


1 and by guilty plea or otherwise, results in a 
2 conviction for an offense in which a domestic 
3 relationship is not a required element of the offense 
4 but in which a determination of the applicability of 18 
5 U.S.C. 922(g)(9) is made under Section 112A-11.1 of the 
6 Code of Criminal Procedure of 1963, an entry by the 
7 court of a judgment of conviction for that offense 
8 shall be grounds for denying the issuance of a Firearm 
9 Owner's Identification Card under this Section;


10   (x) (Blank);


11   (xi) He or she is not an alien who has been 
12 admitted to the United
States under a non-immigrant 
13 visa (as that term is defined in Section
101(a)(26) of 
14 the Immigration and Nationality Act (8 U.S.C. 
15 1101(a)(26))),
or that he or she is an alien who has 
16 been lawfully admitted to the United
States under a 
17 non-immigrant visa if that alien is:


18    (1) admitted to the United States for lawful 
19 hunting or sporting
purposes;


20    (2) an official representative of a foreign 
21 government who is:


22     (A) accredited to the United States 
23 Government or the Government's
mission to an 
24 international organization having its 
25 headquarters in the United
States; or


26     (B) en route to or from another country to 
 
 
10000HB1664ham001- 33 -LRB100 03198 SLF 36702 a


1 which that alien is
accredited;


2    (3) an official of a foreign government or 
3 distinguished foreign
visitor who has been so 
4 designated by the Department of State;


5    (4) a foreign law enforcement officer of a 
6 friendly foreign
government entering the United 
7 States on official business; or


8    (5) one who has received a waiver from the 
9 Attorney General of the
United States pursuant to 
10 18 U.S.C. 922(y)(3);


11   (xii) He or she is not a minor subject to a 
12 petition filed
under Section 5-520 of the Juvenile 
13 Court Act of 1987 alleging that the
minor is a 
14 delinquent minor for the commission of an offense that 
15 if
committed by an adult would be a felony;


16   (xiii) He or she is not an adult who had been 
17 adjudicated a delinquent
minor under the Juvenile 
18 Court Act of 1987 for the commission of an offense
that 
19 if committed by an adult would be a felony;

20   (xiv) He or she is a resident of the State of 
21 Illinois; 
22   (xv) He or she has not been adjudicated as a person 
23 with a mental disability; 
24   (xvi) He or she has not been involuntarily admitted 
25 into a mental health facility; and 
26   (xvii) He or she is not a person with a 
 
 
10000HB1664ham001- 34 -LRB100 03198 SLF 36702 a


1 developmental disability; and 

2  (3) Upon request by the Department of State Police, 
3 sign a release on a
form prescribed by the Department of 
4 State Police waiving any right to
confidentiality and 
5 requesting the disclosure to the Department of State Police

6 of limited mental health institution admission information 
7 from another state,
the District of Columbia, any other 
8 territory of the United States, or a
foreign nation 
9 concerning the applicant for the sole purpose of 
10 determining
whether the applicant is or was a patient in a 
11 mental health institution and
disqualified because of that 
12 status from receiving a Firearm Owner's
Identification 
13 Card. No mental health care or treatment records may be

14 requested. The information received shall be destroyed 
15 within one year of
receipt.

16 (a-5) Each applicant for a Firearm Owner's Identification 
17Card who is over
the age of 18 shall furnish to the Department 
18of State Police either his or
her Illinois driver's license 
19number or Illinois Identification Card number, except as

20provided in subsection (a-10).

21 (a-10) Each applicant for a Firearm Owner's Identification 
22Card,
who is employed as a law enforcement officer, an armed 
23security officer in Illinois, or by the United States Military

24permanently assigned in Illinois and who is not an Illinois 
25resident, shall furnish to
the Department of State Police his 
26or her driver's license number or state
identification card 
 
 
10000HB1664ham001- 35 -LRB100 03198 SLF 36702 a


1number from his or her state of residence. The Department
of 
2State Police may adopt rules to enforce the provisions of this

3subsection (a-10).

4 (a-15) If an applicant applying for a Firearm Owner's 
5Identification Card moves from the residence address named in 
6the application, he or she shall immediately notify in a form 
7and manner prescribed by the Department of State Police of that 
8change of address.
9 (a-20) Each applicant for a Firearm Owner's Identification 
10Card shall furnish to the Department of State Police his or her 
11photograph. An applicant who is 21 years of age or older 
12seeking a religious exemption to the photograph requirement 
13must furnish with the application an approved copy of United 
14States Department of the Treasury Internal Revenue Service Form 
154029. In lieu of a photograph, an applicant regardless of age 
16seeking a religious exemption to the photograph requirement 
17shall submit fingerprints on a form and manner prescribed by 
18the Department with his or her application. 
19 (b) Each application form shall include the following 
20statement printed in
bold type: "Warning: Entering false 
21information on an application for a Firearm
Owner's 
22Identification Card is punishable as a Class 2 felony in 
23accordance
with subsection (d-5) of Section 14 of the Firearm 
24Owners Identification Card
Act.".

25 (c) Upon such written consent, pursuant to Section 4, 
26paragraph (a)(2)(i),
the parent or legal guardian giving the 
 
 
10000HB1664ham001- 36 -LRB100 03198 SLF 36702 a


1consent shall be liable for any
damages resulting from the 
2applicant's use of firearms or firearm ammunition.

3(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)




4 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

5 Sec. 8. Grounds for denial and revocation. The Department 
6of State Police has authority to deny an
application for or to 
7revoke and seize a Firearm Owner's Identification
Card 
8previously issued under this Act only if the Department finds 
9that the
applicant or the person to whom such card was issued 
10is or was at the time
of issuance:

11  (a) A person under 21 years of age who has been 
12 convicted of a
misdemeanor other than a traffic offense or 
13 adjudged delinquent;

14  (b) A person under 21 years of age who does not have 
15 the written consent
of his parent or guardian to acquire 
16 and possess firearms and firearm
ammunition, or whose 
17 parent or guardian has revoked such written consent,
or 
18 where such parent or guardian does not qualify to have a 
19 Firearm Owner's
Identification Card;

20  (c) A person convicted of a felony under the laws of 
21 this or any other
jurisdiction;

22  (d) A person addicted to narcotics;

23  (e) A person who has been a patient of a mental health 
24 facility within the
past 10 5 years or a person who has 
25 been a patient in a mental health facility more than 10 5 
 
 
10000HB1664ham001- 37 -LRB100 03198 SLF 36702 a


1 years ago who has not received the certification required 
2 under subsection (u) of this Section. An active law 
3 enforcement officer employed by a unit of government who is 
4 denied, revoked, or has his or her Firearm Owner's 
5 Identification Card seized under this subsection (e) may 
6 obtain relief as described in subsection (c-5) of Section 
7 10 of this Act if the officer did not act in a manner 
8 threatening to the officer, another person, or the public 
9 as determined by the treating clinical psychologist or 
10 physician, and the officer seeks mental health treatment;

11  (f) A person whose mental condition is of such a nature 
12 that it poses
a clear and present danger to the applicant, 
13 any other person or persons, or
the community. The 
14 Department may order an applicant or a current Firearm 
15 Owner's Identification Card holder to undergo a mental 
16 health screening to determine if the person's mental 
17 condition poses a clear and present danger to himself or 
18 herself, any other person or persons, or the community if: 
19 (1) the Department has credible information establishing 
20 probable cause to believe the person presents a clear and 
21 present danger to himself or herself, any other person or 
22 persons, or the community; or (2) if the person was a 
23 patient at a mental health facility more than 10 years ago. 
24 The Department may delay the issuance of a Firearm Owner's 
25 Identification Card or suspend a current holder's card for 
26 a period not to exceed 90 days until a mental condition 
 
 
10000HB1664ham001- 38 -LRB100 03198 SLF 36702 a


1 determination is made. If the applicant or Firearm Owner's 
2 Identification Card holder does not submit to the mental 
3 health screening, the application shall be denied or the 
4 Firearm Owner's Identification Card shall be revoked; 
5 however, the applicant or Firearm Owner's Identification 
6 Card holder may request an extension of time to comply for 
7 good cause determined by the Department. The Department may 
8 designate mental health providers eligible to provide 
9 mental health screenings under this subsection (f) whose 
10 cost shall be paid by the applicant or current Firearm 
11 Owner's Identification Card holder;

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

13  (h) A person who intentionally makes a false statement 
14 in the Firearm
Owner's Identification Card application;

15  (i) An alien who is unlawfully present in
the United 
16 States under the laws of the United States;

17  (i-5) An alien who has been admitted to the United 
18 States under a
non-immigrant visa (as that term is defined 
19 in Section 101(a)(26) of the
Immigration and Nationality 
20 Act (8 U.S.C. 1101(a)(26))), except that this
subsection 
21 (i-5) does not apply to any alien who has been lawfully 
22 admitted to
the United States under a non-immigrant visa if 
23 that alien is:

24   (1) admitted to the United States for lawful 
25 hunting or sporting purposes;

26   (2) an official representative of a foreign 
 
 
10000HB1664ham001- 39 -LRB100 03198 SLF 36702 a


1 government who is:

2    (A) accredited to the United States Government 
3 or the Government's
mission to an international 
4 organization having its headquarters in the United

5 States; or

6    (B) en route to or from another country to 
7 which that alien is
accredited;

8   (3) an official of a foreign government or 
9 distinguished foreign visitor
who has been so 
10 designated by the Department of State;

11   (4) a foreign law enforcement officer of a friendly 
12 foreign government
entering the United States on 
13 official business; or

14   (5) one who has received a waiver from the Attorney 
15 General of the United
States pursuant to 18 U.S.C. 
16 922(y)(3);

17  (j) (Blank);

18  (k) A person who has been convicted within the past 5 
19 years of battery,
assault, aggravated assault, violation 
20 of an order of protection, or a
substantially similar 
21 offense in another jurisdiction, in which a firearm was

22 used or possessed;

23  (l) A person who has been convicted of domestic 
24 battery, aggravated domestic battery, or a substantially

25 similar offense in another jurisdiction committed before, 
26 on or after January 1, 2012 (the effective date of Public 
 
 
10000HB1664ham001- 40 -LRB100 03198 SLF 36702 a


1 Act 97-158). If the applicant or person who has been 
2 previously issued a Firearm Owner's Identification Card 
3 under this Act knowingly and intelligently waives the right 
4 to have an offense described in this paragraph (l) tried by 
5 a jury, and by guilty plea or otherwise, results in a 
6 conviction for an offense in which a domestic relationship 
7 is not a required element of the offense but in which a 
8 determination of the applicability of 18 U.S.C. 922(g)(9) 
9 is made under Section 112A-11.1 of the Code of Criminal 
10 Procedure of 1963, an entry by the court of a judgment of 
11 conviction for that offense shall be grounds for denying an 
12 application for and for revoking and seizing a Firearm 
13 Owner's Identification Card previously issued to the 
14 person under this Act;

15  (m) (Blank);

16  (n) A person who is prohibited from acquiring or 
17 possessing
firearms or firearm ammunition by any Illinois 
18 State statute or by federal
law;

19  (o) A minor subject to a petition filed under Section 
20 5-520 of the
Juvenile Court Act of 1987 alleging that the 
21 minor is a delinquent minor for
the commission of an 
22 offense that if committed by an adult would be a felony;


23  (p) An adult who had been adjudicated a delinquent 
24 minor under the Juvenile
Court Act of 1987 for the 
25 commission of an offense that if committed by an
adult 
26 would be a felony;

 
 
10000HB1664ham001- 41 -LRB100 03198 SLF 36702 a


1  (q) A person who is not a resident of the State of 
2 Illinois, except as provided in subsection (a-10) of 
3 Section 4; 
4  (r) A person who has been adjudicated as a person with 
5 a mental disability; 
6  (s) A person who has been found to have a developmental 
7 disability; 
8  (t) A person involuntarily admitted into a mental 
9 health facility; or 
10  (u) A person who has had his or her Firearm Owner's 
11 Identification Card revoked or denied under subsection (e) 
12 of this Section or item (iv) of paragraph (2) of subsection 
13 (a) of Section 4 of this Act because he or she was a 
14 patient in a mental health facility as provided in 
15 subsection (e) of this Section, shall not be permitted to 
16 obtain a Firearm Owner's Identification Card, after the 
17 10-year 5-year period has lapsed, unless he or she has 
18 received a mental health evaluation by a physician, 
19 clinical psychologist, or qualified examiner as those 
20 terms are defined in the Mental Health and Developmental 
21 Disabilities Code, and has received a certification that he 
22 or she is not a clear and present danger to himself, 
23 herself, or others. The physician, clinical psychologist, 
24 or qualified examiner making the certification and his or 
25 her employer shall not be held criminally, civilly, or 
26 professionally liable for making or not making the 
 
 
10000HB1664ham001- 42 -LRB100 03198 SLF 36702 a


1 certification required under this subsection, except for 
2 willful or wanton misconduct. This subsection does not 
3 apply to a person whose firearm possession rights have been 
4 restored through administrative or judicial action under 
5 Section 10 or 11 of this Act. 
6 Upon revocation of a person's Firearm Owner's 
7Identification Card, the Department of State Police shall 
8provide notice to the person and the person shall comply with 
9Section 9.5 of this Act. 
10(Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, 
11eff. 7-16-14; 99-143, eff. 7-27-15.)




12 (430 ILCS 65/10) (from Ch. 38, par. 83-10)



13 Sec. 10. Appeal to director; hearing; relief from firearm 
14prohibitions.  
15 (a) Whenever an application for a Firearm Owner's 
16Identification
Card is denied, whenever the Department fails to 
17act on an application
within 30 days of its receipt, or 
18whenever such a Card is revoked or seized
as provided for in 
19Section 8 of this Act, the aggrieved party may
appeal
to the 
20Director of State Police for a hearing upon
such denial, 
21revocation or seizure, unless the denial, revocation, or 
22seizure
was based upon a forcible felony, stalking, aggravated 
23stalking, domestic
battery, any violation of the Illinois 
24Controlled Substances Act, the Methamphetamine Control and 
25Community Protection Act, or the
Cannabis Control Act that is 
 
 
10000HB1664ham001- 43 -LRB100 03198 SLF 36702 a


1classified as a Class 2 or greater felony,
any
felony violation 
2of Article 24 of the Criminal Code of 1961 or the Criminal Code 
3of 2012, or any
adjudication as a delinquent minor for the 
4commission of an
offense that if committed by an adult would be 
5a felony, in which case the
aggrieved party may petition the 
6circuit court in writing in the county of
his or her residence 
7for a hearing upon such denial, revocation, or seizure.

8 (b) At least 30 days before any hearing in the circuit 
9court, the
petitioner shall serve the
relevant State's Attorney 
10with a copy of the petition. The State's Attorney
may object to 
11the petition and present evidence. At the hearing the court

12shall
determine whether substantial justice has been done. 
13Should the court
determine that substantial justice has not 
14been done, the court shall issue an
order directing the 
15Department of State Police to issue a Card. However, the court 
16shall not issue the order if the petitioner is otherwise 
17prohibited from obtaining, possessing, or using a firearm under

18federal law. 

19 (c) Any person prohibited from possessing a firearm under 
20Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or 
21acquiring a Firearm Owner's
Identification Card under Section 8 
22of this Act may apply to
the Director
of State Police
or 
23petition the circuit court in the county where the petitioner 
24resides,
whichever is applicable in accordance with subsection 
25(a) of this Section,
requesting relief
from such prohibition 
26and the Director or court may grant such relief if it
is

 
 
10000HB1664ham001- 44 -LRB100 03198 SLF 36702 a


1established by the applicant to the court's or Director's 
2satisfaction
that:

3  (0.05) when in the circuit court, the State's Attorney 
4 has been served
with a written
copy of the
petition at 
5 least 30 days before any such hearing in the circuit court 
6 and at
the hearing the
State's Attorney was afforded an 
7 opportunity to present evidence and object to
the petition;

8  (1) the applicant has not been convicted of a forcible 
9 felony under the
laws of this State or any other 
10 jurisdiction within 20 years of the
applicant's 
11 application for a Firearm Owner's Identification Card, or 
12 at
least 20 years have passed since the end of any period 
13 of imprisonment
imposed in relation to that conviction;

14  (2) the circumstances regarding a criminal conviction, 
15 where applicable,
the applicant's criminal history and his 
16 reputation are such that the applicant
will not be likely 
17 to act in a manner dangerous to public safety;

18  (3) granting relief would not be contrary to the public 
19 interest; and
20  (4) granting relief would not be contrary to federal 
21 law.

22 (c-5) (1) An active law enforcement officer employed by a 
23unit of government, who is denied, revoked, or has his or her 
24Firearm Owner's Identification Card seized under subsection 
25(e) of Section 8 of this Act may apply to the Director of State 
26Police requesting relief if the officer did not act in a manner 
 
 
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1threatening to the officer, another person, or the public as 
2determined by the treating clinical psychologist or physician, 
3and as a result of his or her work is referred by the employer 
4for or voluntarily seeks mental health evaluation or treatment 
5by a licensed clinical psychologist, psychiatrist, or 
6qualified examiner, and:
7  (A) the officer has not received treatment 
8 involuntarily at a mental health facility, regardless of 
9 the length of admission; or has not been voluntarily 
10 admitted to a mental health facility for more than 30 days 
11 and not for more than one incident within the past 10 5 
12 years; and
13  (B) the officer has not left the mental institution 
14 against medical advice.
15 (2) The Director of State Police shall grant expedited 
16relief to active law enforcement officers described in 
17paragraph (1) of this subsection (c-5) upon a determination by 
18the Director that the officer's possession of a firearm does 
19not present a threat to themselves, others, or public safety. 
20The Director shall act on the request for relief within 30 
21business days of receipt of:
22  (A) a notarized statement from the officer in the form 
23 prescribed by the Director detailing the circumstances 
24 that led to the hospitalization;
25  (B) all documentation regarding the admission, 
26 evaluation, treatment and discharge from the treating 
 
 
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1 licensed clinical psychologist or psychiatrist of the 
2 officer;
3  (C) a psychological fitness for duty evaluation of the 
4 person completed after the time of discharge; and
5  (D) written confirmation in the form prescribed by the 
6 Director from the treating licensed clinical psychologist 
7 or psychiatrist that the provisions set forth in paragraph 
8 (1) of this subsection (c-5) have been met, the person 
9 successfully completed treatment, and their professional 
10 opinion regarding the person's ability to possess 
11 firearms.
12 (3) Officers eligible for the expedited relief in paragraph 
13(2) of this subsection (c-5) have the burden of proof on 
14eligibility and must provide all information required. The 
15Director may not consider granting expedited relief until the 
16proof and information is received.
17 (4) "Clinical psychologist", "psychiatrist", and 
18"qualified examiner" shall have the same meaning as provided in 
19Chapter I of the Mental Health and Developmental Disabilities 
20Code. 
21 (c-10) (1) An applicant, who is denied, revoked, or has his 
22or her Firearm Owner's Identification Card seized under 
23subsection (e) of Section 8 of this Act based upon a 
24determination of a developmental disability or an intellectual 
25disability may apply to the Director of State Police requesting 
26relief.
 
 
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1 (2) The Director shall act on the request for relief within 
260 business days of receipt of written certification, in the 
3form prescribed by the Director, from a physician or clinical 
4psychologist, or qualified examiner, that the aggrieved 
5party's developmental disability or intellectual disability 
6condition is determined by a physician, clinical psychologist, 
7or qualified to be mild. If a fact-finding conference is 
8scheduled to obtain additional information concerning the 
9circumstances of the denial or revocation, the 60 business days 
10the Director has to act shall be tolled until the completion of 
11the fact-finding conference.
12 (3) The Director may grant relief if the aggrieved party's 
13developmental disability or intellectual disability is mild as 
14determined by a physician, clinical psychologist, or qualified 
15examiner and it is established by the applicant to the 
16Director's satisfaction that:
17  (A) granting relief would not be contrary to the public 
18 interest; and
19  (B) granting relief would not be contrary to federal 
20 law.
21 (4) The Director may not grant relief if the condition is 
22determined by a physician, clinical psychologist, or qualified 
23examiner to be moderate, severe, or profound.
24 (5) The changes made to this Section by this amendatory Act 
25of the 99th General Assembly apply to requests for
relief 
26pending on or before the effective date of this amendatory Act, 
 
 
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1except that the 60-day period for the Director to act on 
2requests pending before the effective date shall begin
on the 
3effective date of this amendatory Act. 
4 (d) When a minor is adjudicated delinquent for an offense 
5which if
committed by an adult would be a felony, the court 
6shall notify the Department
of State Police.

7 (e) The court shall review the denial of an application or 
8the revocation of
a Firearm Owner's Identification Card of a 
9person who has been adjudicated
delinquent for an offense that 
10if
committed by an adult would be a felony if an
application 
11for relief has been filed at least 10 years after the 
12adjudication
of delinquency and the court determines that the 
13applicant should be
granted relief from disability to obtain a 
14Firearm Owner's Identification Card.
If the court grants 
15relief, the court shall notify the Department of State
Police 
16that the disability has
been removed and that the applicant is 
17eligible to obtain a Firearm Owner's
Identification Card.

18 (f) Any person who is subject to the disabilities of 18 
19U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act 
20of 1968 because of an adjudication or commitment that occurred 
21under the laws of this State or who was determined to be 
22subject to the provisions of subsections (e), (f), or (g) of 
23Section 8 of this Act may apply to the Department of State 
24Police requesting relief from that prohibition. The Director 
25shall grant the relief if it is established by a preponderance 
26of the evidence that the person will not be likely to act in a 
 
 
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1manner dangerous to public safety and that granting relief 
2would not be contrary to the public interest. In making this 
3determination, the Director shall receive evidence concerning 
4(i) the circumstances regarding the firearms disabilities from 
5which relief is sought; (ii) the petitioner's mental health and 
6criminal history records, if any; (iii) the petitioner's 
7reputation, developed at a minimum through character witness 
8statements, testimony, or other character evidence; and (iv) 
9changes in the petitioner's condition or circumstances since 
10the disqualifying events relevant to the relief sought. If 
11relief is granted under this subsection or by order of a court 
12under this Section, the Director shall as soon as practicable 
13but in no case later than 15 business days, update, correct, 
14modify, or remove the person's record in any database that the 
15Department of State Police makes available to the National 
16Instant Criminal Background Check System and notify the United 
17States Attorney General that the basis for the record being 
18made available no longer applies. The Department of State 
19Police shall adopt rules for the administration of this 
20Section.
21(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78, 
22eff. 7-20-15.)



23 Section 95. No acceleration or delay. Where this Act makes 
24changes in a statute that is represented in this Act by text 
25that is not yet or no longer in effect (for example, a Section 
 
 
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1represented by multiple versions), the use of that text does 
2not accelerate or delay the taking effect of (i) the changes 
3made by this Act or (ii) provisions derived from any other 
4Public Act.


5 Section 99. Effective date. This Act takes effect July 1, 
62018.".