Rep. Kathleen Willis
Filed: 4/20/2021
 
 


 




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1
AMENDMENT TO HOUSE BILL 1091




2 AMENDMENT NO. ______. Amend House Bill 1091 by replacing 
3everything after the enacting clause with the following:


4 "Section 1. This Act may be referred to as the Fix the FOID 
5Act. 

6 Section 3. The Open Meetings Act is amended by changing 
7Section 2 as follows:




8 (5 ILCS 120/2) (from Ch. 102, par. 42)



9 Sec. 2. Open meetings. 

10 (a) Openness required. All meetings of public
bodies shall 
11be open to the public unless excepted in subsection (c)
and 
12closed in accordance with Section 2a.

13 (b) Construction of exceptions. The exceptions contained 
14in subsection
(c) are in derogation of the requirement that 
15public bodies
meet in the open, and therefore, the exceptions 
 
 
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1are to be strictly
construed, extending only to subjects 
2clearly within their scope.
The exceptions authorize but do 
3not require the holding of
a closed meeting to discuss a 
4subject included within an enumerated exception.

5 (c) Exceptions. A public body may hold closed meetings to 
6consider the
following subjects:

7  (1) The appointment, employment, compensation, 
8 discipline, performance,
or dismissal of specific 
9 employees, specific individuals who serve as independent 
10 contractors in a park, recreational, or educational 
11 setting, or specific volunteers of the public body or 
12 legal counsel for
the public body, including hearing

13 testimony on a complaint lodged against an employee, a 
14 specific individual who serves as an independent 
15 contractor in a park, recreational, or educational 
16 setting, or a volunteer of the public body or
against 
17 legal counsel for the public body to determine its 
18 validity. However, a meeting to consider an increase in 
19 compensation to a specific employee of a public body that 
20 is subject to the Local Government Wage Increase 
21 Transparency Act may not be closed and shall be open to the 
22 public and posted and held in accordance with this Act.

23  (2) Collective negotiating matters between the public 
24 body and its
employees or their representatives, or 
25 deliberations concerning salary
schedules for one or more 
26 classes of employees.

 
 
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1  (3) The selection of a person to fill a public office,

2 as defined in this Act, including a vacancy in a public 
3 office, when the public
body is given power to appoint 
4 under law or ordinance, or the discipline,
performance or 
5 removal of the occupant of a public office, when the 
6 public body
is given power to remove the occupant under 
7 law or ordinance. 

8  (4) Evidence or testimony presented in open hearing, 
9 or in closed
hearing where specifically authorized by law, 
10 to
a quasi-adjudicative body, as defined in this Act, 
11 provided that the body
prepares and makes available for 
12 public inspection a written decision
setting forth its 
13 determinative reasoning.

14  (5) The purchase or lease of real property for the use 
15 of
the public body, including meetings held for the 
16 purpose of discussing
whether a particular parcel should 
17 be acquired.

18  (6) The setting of a price for sale or lease of 
19 property owned
by the public body.

20  (7) The sale or purchase of securities, investments, 
21 or investment
contracts. This exception shall not apply to 
22 the investment of assets or income of funds deposited into 
23 the Illinois Prepaid Tuition Trust Fund. 

24  (8) Security procedures, school building safety and 
25 security, and the use of personnel and
equipment to 
26 respond to an actual, a threatened, or a reasonably

 
 
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1 potential danger to the safety of employees, students, 
2 staff, the public, or
public
property.

3  (9) Student disciplinary cases.

4  (10) The placement of individual students in special 
5 education
programs and other matters relating to 
6 individual students.

7  (11) Litigation, when an action against, affecting or 
8 on behalf of the
particular public body has been filed and 
9 is pending before a court or
administrative tribunal, or 
10 when the public body finds that an action is
probable or 
11 imminent, in which case the basis for the finding shall be

12 recorded and entered into the minutes of the closed 
13 meeting.

14  (12) The establishment of reserves or settlement of 
15 claims as provided
in the Local Governmental and 
16 Governmental Employees Tort Immunity Act, if
otherwise the 
17 disposition of a claim or potential claim might be

18 prejudiced, or the review or discussion of claims, loss or 
19 risk management
information, records, data, advice or 
20 communications from or with respect
to any insurer of the 
21 public body or any intergovernmental risk management

22 association or self insurance pool of which the public 
23 body is a member.

24  (13) Conciliation of complaints of discrimination in 
25 the sale or rental
of housing, when closed meetings are 
26 authorized by the law or ordinance
prescribing fair 
 
 
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1 housing practices and creating a commission or

2 administrative agency for their enforcement.

3  (14) Informant sources, the hiring or assignment of 
4 undercover personnel
or equipment, or ongoing, prior or 
5 future criminal investigations, when
discussed by a public 
6 body with criminal investigatory responsibilities.

7  (15) Professional ethics or performance when 
8 considered by an advisory
body appointed to advise a 
9 licensing or regulatory agency on matters
germane to the 
10 advisory body's field of competence.

11  (16) Self evaluation, practices and procedures or 
12 professional ethics,
when meeting with a representative of 
13 a statewide association of which the
public body is a 
14 member.

15  (17) The recruitment, credentialing, discipline or 
16 formal peer review
of physicians or other
health care 
17 professionals, or for the discussion of matters protected 
18 under the federal Patient Safety and Quality Improvement 
19 Act of 2005, and the regulations promulgated thereunder, 
20 including 42 C.F.R. Part 3 (73 FR 70732), or the federal 
21 Health Insurance Portability and Accountability Act of 
22 1996, and the regulations promulgated thereunder, 
23 including 45 C.F.R. Parts 160, 162, and 164, by a 
24 hospital, or
other institution providing medical care, 
25 that is operated by the public body.

26  (18) Deliberations for decisions of the Prisoner 
 
 
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1 Review Board.

2  (19) Review or discussion of applications received 
3 under the
Experimental Organ Transplantation Procedures 
4 Act.

5  (20) The classification and discussion of matters 
6 classified as
confidential or continued confidential by 
7 the State Government Suggestion Award
Board.

8  (21) Discussion of minutes of meetings lawfully closed 
9 under this Act,
whether for purposes of approval by the 
10 body of the minutes or semi-annual
review of the minutes 
11 as mandated by Section 2.06.

12  (22) Deliberations for decisions of the State

13 Emergency Medical Services Disciplinary
Review Board.

14  (23) The operation by a municipality of a municipal 
15 utility or the
operation of a
municipal power agency or 
16 municipal natural gas agency when the
discussion involves 
17 (i) contracts relating to the
purchase, sale, or delivery 
18 of electricity or natural gas or (ii) the results
or 
19 conclusions of load forecast studies.

20  (24) Meetings of a residential health care facility 
21 resident sexual
assault and death review
team or
the 
22 Executive
Council under the Abuse Prevention Review
Team 
23 Act.

24  (25) Meetings of an independent team of experts under 
25 Brian's Law. 
26  (26) Meetings of a mortality review team appointed 
 
 
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1 under the Department of Juvenile Justice Mortality Review 
2 Team Act. 
3  (27) (Blank). 
4  (28) Correspondence and records (i) that may not be 
5 disclosed under Section 11-9 of the Illinois Public Aid 
6 Code or (ii) that pertain to appeals under Section 11-8 of 
7 the Illinois Public Aid Code. 
8  (29) Meetings between internal or external auditors 
9 and governmental audit committees, finance committees, and 
10 their equivalents, when the discussion involves internal 
11 control weaknesses, identification of potential fraud risk 
12 areas, known or suspected frauds, and fraud interviews 
13 conducted in accordance with generally accepted auditing 
14 standards of the United States of America.
15  (30) Those meetings or portions of meetings of a 
16 fatality review team or the Illinois Fatality Review Team 
17 Advisory Council during which a review of the death of an 
18 eligible adult in which abuse or neglect is suspected, 
19 alleged, or substantiated is conducted pursuant to Section 
20 15 of the Adult Protective Services Act. 
21  (31) Meetings and deliberations for decisions of the 
22 Concealed Carry Licensing Review Board under the Firearm 
23 Concealed Carry Act. 
24  (32) Meetings between the Regional Transportation 
25 Authority Board and its Service Boards when the discussion 
26 involves review by the Regional Transportation Authority 
 
 
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1 Board of employment contracts under Section 28d of the 
2 Metropolitan Transit Authority Act and Sections 3A.18 and 
3 3B.26 of the Regional Transportation Authority Act.
4  (33) Those meetings or portions of meetings of the 
5 advisory committee and peer review subcommittee created 
6 under Section 320 of the Illinois Controlled Substances 
7 Act during which specific controlled substance prescriber, 
8 dispenser, or patient information is discussed.
9  (34) Meetings of the Tax Increment Financing Reform 
10 Task Force under Section 2505-800 of the Department of 
11 Revenue Law of the Civil Administrative Code of Illinois. 
12  (35) Meetings of the group established to discuss 
13 Medicaid capitation rates under Section 5-30.8 of the 
14 Illinois Public Aid Code. 
15  (36) Those deliberations or portions of deliberations 
16 for decisions of the Illinois Gaming Board in which there 
17 is discussed any of the following: (i) personal, 
18 commercial, financial, or other information obtained from 
19 any source that is privileged, proprietary, confidential, 
20 or a trade secret; or (ii) information specifically 
21 exempted from the disclosure by federal or State law.
22  (37) Meetings of the Firearm Owner's Identification

23 Card Review Board under Section 10 of the Firearm Owners

24 Identification Card Act. 
25 (d) Definitions. For purposes of this Section:

26 "Employee" means a person employed by a public body whose 
 
 
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1relationship
with the public body constitutes an 
2employer-employee relationship under
the usual common law 
3rules, and who is not an independent contractor.

4 "Public office" means a position created by or under the

5Constitution or laws of this State, the occupant of which is 
6charged with
the exercise of some portion of the sovereign 
7power of this State. The term
"public office" shall include 
8members of the public body, but it shall not
include 
9organizational positions filled by members thereof, whether

10established by law or by a public body itself, that exist to 
11assist the
body in the conduct of its business.

12 "Quasi-adjudicative body" means an administrative body 
13charged by law or
ordinance with the responsibility to conduct 
14hearings, receive evidence or
testimony and make 
15determinations based
thereon, but does not include
local 
16electoral boards when such bodies are considering petition 
17challenges.

18 (e) Final action. No final action may be taken at a closed 
19meeting.
Final action shall be preceded by a public recital of 
20the nature of the
matter being considered and other 
21information that will inform the
public of the business being 
22conducted. 

23(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17; 
24100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff. 
258-23-19; revised 9-27-19.)


 
 
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1 Section 5. The Freedom of Information Act is amended by 
2changing Section 7.5 as follows:

3 (5 ILCS 140/7.5)
4 Sec. 7.5. Statutory exemptions. To the extent provided for 
5by the statutes referenced below, the following shall be 
6exempt from inspection and copying:
7  (a) All information determined to be confidential 
8 under Section 4002 of the Technology Advancement and 
9 Development Act.
10  (b) Library circulation and order records identifying 
11 library users with specific materials under the Library 
12 Records Confidentiality Act.
13  (c) Applications, related documents, and medical 
14 records received by the Experimental Organ Transplantation 
15 Procedures Board and any and all documents or other 
16 records prepared by the Experimental Organ Transplantation 
17 Procedures Board or its staff relating to applications it 
18 has received.
19  (d) Information and records held by the Department of 
20 Public Health and its authorized representatives relating 
21 to known or suspected cases of sexually transmissible 
22 disease or any information the disclosure of which is 
23 restricted under the Illinois Sexually Transmissible 
24 Disease Control Act.
25  (e) Information the disclosure of which is exempted 
 
 
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1 under Section 30 of the Radon Industry Licensing Act.
2  (f) Firm performance evaluations under Section 55 of 
3 the Architectural, Engineering, and Land Surveying 
4 Qualifications Based Selection Act.
5  (g) Information the disclosure of which is restricted 
6 and exempted under Section 50 of the Illinois Prepaid 
7 Tuition Act.
8  (h) Information the disclosure of which is exempted 
9 under the State Officials and Employees Ethics Act, and 
10 records of any lawfully created State or local inspector 
11 general's office that would be exempt if created or 
12 obtained by an Executive Inspector General's office under 
13 that Act.
14  (i) Information contained in a local emergency energy 
15 plan submitted to a municipality in accordance with a 
16 local emergency energy plan ordinance that is adopted 
17 under Section 11-21.5-5 of the Illinois Municipal Code.
18  (j) Information and data concerning the distribution 
19 of surcharge moneys collected and remitted by carriers 
20 under the Emergency Telephone System Act.
21  (k) Law enforcement officer identification information 
22 or driver identification information compiled by a law 
23 enforcement agency or the Department of Transportation 
24 under Section 11-212 of the Illinois Vehicle Code.
25  (l) Records and information provided to a residential 
26 health care facility resident sexual assault and death 
 
 
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1 review team or the Executive Council under the Abuse 
2 Prevention Review Team Act.
3  (m) Information provided to the predatory lending 
4 database created pursuant to Article 3 of the Residential 
5 Real Property Disclosure Act, except to the extent 
6 authorized under that Article.
7  (n) Defense budgets and petitions for certification of 
8 compensation and expenses for court appointed trial 
9 counsel as provided under Sections 10 and 15 of the 
10 Capital Crimes Litigation Act. This subsection (n) shall 
11 apply until the conclusion of the trial of the case, even 
12 if the prosecution chooses not to pursue the death penalty 
13 prior to trial or sentencing.
14  (o) Information that is prohibited from being 
15 disclosed under Section 4 of the Illinois Health and 
16 Hazardous Substances Registry Act.
17  (p) Security portions of system safety program plans, 
18 investigation reports, surveys, schedules, lists, data, or 
19 information compiled, collected, or prepared by or for the 
20 Regional Transportation Authority under Section 2.11 of 
21 the Regional Transportation Authority Act or the St. Clair 
22 County Transit District under the Bi-State Transit Safety 
23 Act. 
24  (q) Information prohibited from being disclosed by the 
25 Personnel Record Review Act. 
26  (r) Information prohibited from being disclosed by the 
 
 
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1 Illinois School Student Records Act. 
2  (s) Information the disclosure of which is restricted 
3 under Section 5-108 of the Public Utilities Act. 

4  (t) All identified or deidentified health information 
5 in the form of health data or medical records contained 
6 in, stored in, submitted to, transferred by, or released 
7 from the Illinois Health Information Exchange, and 
8 identified or deidentified health information in the form 
9 of health data and medical records of the Illinois Health 
10 Information Exchange in the possession of the Illinois 
11 Health Information Exchange Office due to its 
12 administration of the Illinois Health Information 
13 Exchange. The terms "identified" and "deidentified" shall 
14 be given the same meaning as in the Health Insurance 
15 Portability and Accountability Act of 1996, Public Law 
16 104-191, or any subsequent amendments thereto, and any 
17 regulations promulgated thereunder. 
18  (u) Records and information provided to an independent 
19 team of experts under the Developmental Disability and 
20 Mental Health Safety Act (also known as Brian's Law). 
21  (v) Names and information of people who have applied 
22 for or received Firearm Owner's Identification Cards under 
23 the Firearm Owners Identification Card Act or applied for 
24 or received a concealed carry license under the Firearm 
25 Concealed Carry Act, unless otherwise authorized by the 
26 Firearm Concealed Carry Act; and databases under the 
 
 
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1 Firearm Concealed Carry Act, records of the Concealed 
2 Carry Licensing Review Board under the Firearm Concealed 
3 Carry Act, and law enforcement agency objections under the 
4 Firearm Concealed Carry Act. 
5  (v-5) Records of the Firearm Owner's Identification

6 Card Review Board that are exempted from disclosure under

7 Section 10 of the Firearm Owners Identification Card Act. 
8  (w) Personally identifiable information which is 
9 exempted from disclosure under subsection (g) of Section 
10 19.1 of the Toll Highway Act.
11  (x) Information which is exempted from disclosure 
12 under Section 5-1014.3 of the Counties Code or Section 
13 8-11-21 of the Illinois Municipal Code. 
14  (y) Confidential information under the Adult 
15 Protective Services Act and its predecessor enabling 
16 statute, the Elder Abuse and Neglect Act, including 
17 information about the identity and administrative finding 
18 against any caregiver of a verified and substantiated 
19 decision of abuse, neglect, or financial exploitation of 
20 an eligible adult maintained in the Registry established 
21 under Section 7.5 of the Adult Protective Services Act. 
22  (z) Records and information provided to a fatality 
23 review team or the Illinois Fatality Review Team Advisory 
24 Council under Section 15 of the Adult Protective Services 
25 Act. 
26  (aa) Information which is exempted from disclosure 
 
 
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1 under Section 2.37 of the Wildlife Code. 
2  (bb) Information which is or was prohibited from 
3 disclosure by the Juvenile Court Act of 1987. 
4  (cc) Recordings made under the Law Enforcement 
5 Officer-Worn Body Camera Act, except to the extent 
6 authorized under that Act.
7  (dd) Information that is prohibited from being 
8 disclosed under Section 45 of the Condominium and Common 
9 Interest Community Ombudsperson Act. 
10  (ee) Information that is exempted from disclosure 
11 under Section 30.1 of the Pharmacy Practice Act. 
12  (ff) Information that is exempted from disclosure 
13 under the Revised Uniform Unclaimed Property Act. 
14  (gg) Information that is prohibited from being 
15 disclosed under Section 7-603.5 of the Illinois Vehicle 
16 Code. 
17  (hh) Records that are exempt from disclosure under 
18 Section 1A-16.7 of the Election Code. 
19  (ii) Information which is exempted from disclosure 
20 under Section 2505-800 of the Department of Revenue Law of 
21 the Civil Administrative Code of Illinois. 
22  (jj) Information and reports that are required to be 
23 submitted to the Department of Labor by registering day 
24 and temporary labor service agencies but are exempt from 
25 disclosure under subsection (a-1) of Section 45 of the Day 
26 and Temporary Labor Services Act. 
 
 
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1  (kk) Information prohibited from disclosure under the 
2 Seizure and Forfeiture Reporting Act. 
3  (ll) Information the disclosure of which is restricted 
4 and exempted under Section 5-30.8 of the Illinois Public 
5 Aid Code. 
6  (mm) Records that are exempt from disclosure under 
7 Section 4.2 of the Crime Victims Compensation Act. 
8  (nn) Information that is exempt from disclosure under 
9 Section 70 of the Higher Education Student Assistance Act. 
10  (oo) Communications, notes, records, and reports 
11 arising out of a peer support counseling session 
12 prohibited from disclosure under the First Responders 
13 Suicide Prevention Act. 
14  (pp) Names and all identifying information relating to 
15 an employee of an emergency services provider or law 
16 enforcement agency under the First Responders Suicide 
17 Prevention Act. 
18  (qq) Information and records held by the Department of 
19 Public Health and its authorized representatives collected 
20 under the Reproductive Health Act. 
21  (rr) Information that is exempt from disclosure under 
22 the Cannabis Regulation and Tax Act. 
23  (ss) Data reported by an employer to the Department of 
24 Human Rights pursuant to Section 2-108 of the Illinois 
25 Human Rights Act.
26  (tt) Recordings made under the Children's Advocacy 
 
 
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1 Center Act, except to the extent authorized under that 
2 Act. 
3  (uu) Information that is exempt from disclosure under 
4 Section 50 of the Sexual Assault Evidence Submission Act. 
5  (vv) Information that is exempt from disclosure under 
6 subsections (f) and (j) of Section 5-36 of the Illinois 
7 Public Aid Code. 
8  (ww) Information that is exempt from disclosure under 
9 Section 16.8 of the State Treasurer Act. 
10  (xx) Information that is exempt from disclosure or 
11 information that shall not be made public under the 
12 Illinois Insurance Code. 
13  (yy) Information prohibited from being disclosed under 
14 the Illinois Educational Labor Relations Act.
15  (zz) Information prohibited from being disclosed under 
16 the Illinois Public Labor Relations Act. 
17  (aaa) Information prohibited from being disclosed 
18 under Section 1-167 of the Illinois Pension Code. 
19  (bbb) Records exempt from disclosure under Section 
20 2605-304 of the Department of State Police Law of the 
21 Civil Administrative Code of Illinois. 
22(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; 
23100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. 
248-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, 
25eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; 
26100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff. 
 
 
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16-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, 
2eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; 
3101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. 
41-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649, 
5eff. 7-7-20.)

6 Section 10. The Department of State Police Law of the

7Civil Administrative Code of Illinois is amended by changing 
8Section 2605-605 and by adding Section 2605-304 as follows:

9 (20 ILCS 2605/2605-304 new)
10 Sec. 2605-304. Prohibited persons portal.
11 (a) Within 90 days after the effective date of this 
12amendatory Act of the 102nd General Assembly, the Illinois 
13State Police shall establish a portal for use by federal, 
14State, or local law enforcement agencies, including Offices of 
15the State's Attorneys and the Office of the Attorney General 
16to capture a report of persons whose Firearm Owner's 
17Identification Cards have been revoked or suspended. The 
18portal is for law enforcement purposes only.
19 (b) The Illinois State Police shall include in the report 
20the reason the person's Firearm Owner's Identification Card 
21was subject to revocation or suspension, to the extent allowed 
22by law, consistent with Section 8 of the Firearm Owners 
23Identification Card Act. 
24 (c) The Illinois State Police shall indicate whether the 
 
 
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1person subject to the revocation or suspension of his or her 
2Firearm Owner's Identification Card has surrendered his or her 
3revoked or suspended Firearm Owner's Identification Card and 
4whether the person has completed a Firearm Disposition Record 
5required under Section 9.5 of the Firearm Owners 
6Identification Card Act. The Illinois State Police shall make 
7reasonable efforts to make this information available on the 
8Law Enforcement Agencies Data System (LEADS). 
9 (d) The Illinois State Police shall provide updates of 
10information related to an individual's current Firearm Owner's 
11Identification Card revocation or suspension status, including 
12compliance under Section 9.5 of the Firearm Owners 
13Identification Card Act, in the Illinois State Police's Law 
14Enforcement Agencies Data System. 
15 (e) Records in this portal are exempt from disclosure 
16under the Freedom of Information Act. 
17 (f) The Illinois State Police may adopt rules necessary to 
18implement this Section. 

19 (20 ILCS 2605/2605-605)
20 Sec. 2605-605. Violent Crime Intelligence Task Force. The 
21Director of State Police shall may establish a statewide 
22multi-jurisdictional Violent Crime Intelligence Task Force led 
23by the Department of State Police dedicated to combating gun 
24violence, gun-trafficking, and other violent crime with the 
25primary mission of preservation of life and reducing the 
 
 
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1occurrence and the fear of crime. The objectives of the Task 
2Force shall include, but not be limited to, reducing and 
3preventing illegal possession and use of firearms, 
4firearm-related homicides, and other violent crimes. 
5 (1) The Task Force may develop and acquire information, 
6training, tools, and resources necessary to implement a 
7data-driven approach to policing, with an emphasis on 
8intelligence development.
9 (2) The Task Force may utilize information sharing, 
10partnerships, crime analysis, and evidence-based practices to 
11assist in the reduction of firearm-related shootings, 
12homicides, and gun-trafficking.
13 (3) The Task Force may recognize and utilize best 
14practices of community policing and may develop potential 
15partnerships with faith-based and community organizations to 
16achieve its goals.
17 (4) The Task Force may identify and utilize best practices 
18in drug-diversion programs and other community-based services 
19to redirect low-level offenders.
20 (5) The Task Force may assist in violence suppression 
21strategies including, but not limited to, details in 
22identified locations that have shown to be the most prone to 
23gun violence and violent crime, focused deterrence against 
24violent gangs and groups considered responsible for the 
25violence in communities, and other intelligence driven methods 
26deemed necessary to interrupt cycles of violence or prevent 
 
 
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1retaliation.
2 (6) In consultation with the Chief Procurement Officer, 
3the Department of State Police may obtain contracts for 
4software, commodities, resources, and equipment to assist the 
5Task Force with achieving this Act. Any contracts necessary to 
6support the delivery of necessary software, commodities, 
7resources, and equipment are not subject to the Illinois 
8Procurement Code, except for Sections 20-60, 20-65, 20-70, and 
920-160 and Article 50 of that Code, provided that the Chief 
10Procurement Officer may, in writing with justification, waive 
11any certification required under Article 50 of the Illinois 
12Procurement Code.

13 (7) The Task Force shall conduct enforcement operations 
14against persons whose Firearm Owner's Identification Cards 
15have been revoked or suspended and persons who fail to comply 
16with the requirements of Section 9.5 of the Firearm Owners 
17Identification Card Act, prioritizing individuals presenting a 
18clear and present danger to themselves or to others under 
19paragraph (2) of subsection (d) of Section 8.1 of the Firearm 
20Owners Identification Card Act.
21 (8) The Task Force shall collaborate with local law 
22enforcement agencies to enforce provisions of the Firearm 
23Owners Identification Card Act, the Firearm Concealed Carry 
24Act, the Firearm Dealer License Certification Act, and Article 
2524 of the Criminal Code of 2012.
26 (9) To implement this Section, the Director of the 
 
 
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1Illinois State Police may establish intergovernmental 
2contracts written and executed in conformity with the 
3Intergovernmental Cooperation Act.
4 10) Law enforcement agencies that participate in

5activities described in paragraphs (7) through (9) may apply

6to the Illinois State Police for grants from the State Police

7Revocation Enforcement Fund. 
8(Source: P.A. 100-3, eff. 1-1-18.)

9 Section 15. The State Finance Act is amended by changing 
10Section 6z-99 and by adding Sections 5.938 and 6z-124 as 
11follows:

12 (30 ILCS 105/5.938 new)
13 Sec. 5.938. The State Police Revocation Enforcement Fund.

14 "(30 ILCS 105/6z-99)
15 Sec. 6z-99. The Mental Health Reporting Fund.
16 (a) There is created in the State treasury a special fund 
17known as the Mental Health Reporting Fund. The Fund shall 
18receive revenue under the Firearm Concealed Carry Act. The 
19Fund may also receive revenue from grants, pass-through 
20grants, donations, appropriations, and any other legal source.
21 (b) The Department of State Police and Department of Human 
22Services shall coordinate to use moneys in the Fund to finance 
23their respective duties of collecting and reporting data on 
 
 
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1mental health records and ensuring that mental health firearm 
2possession prohibitors are enforced as set forth under the 
3Firearm Concealed Carry Act and the Firearm Owners 
4Identification Card Act, including reporting prohibitors to 
5the National Instant Criminal Background Check System (NICS). 
6Any surplus in the Fund beyond what is necessary to ensure 
7compliance with mental health reporting under these Acts shall 
8be used by the Department of Human Services for mental health 
9treatment programs as follows: (1) 50% shall be used to fund 
10community-based mental health programs aimed at reducing gun 
11violence, community integration and education, or mental 
12health awareness and prevention, including administrative 
13costs; and (2) 50% shall be used to award grants that use and 
14promote the National School Mental Health Curriculum model for 
15school-based mental health support, integration, and services.
16 (c) Investment income that is attributable to the 
17investment of moneys in the Fund shall be retained in the Fund 
18for the uses specified in this Section.

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

20 (30 ILCS 105/6z-124 new)
21 Sec. 6z-124. State Police Revocation Enforcement Fund.
22 (a) The State Police Revocation Enforcement Fund is 
23established as a special fund in the State treasury. This Fund 
24is established to receive moneys from the Firearm Owners 
25Identification Card Act to enforce that Act, the Firearm 
 
 
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1Concealed Carry Act, Article 24 of the Criminal Code of 2012, 
2and other firearm offenses. The Fund may also receive revenue 
3from grants, donations, appropriations, and any other legal 
4source.
5 (b) The Illinois State Police may use moneys from the Fund 
6to establish task forces and, if necessary, include other law 
7enforcement agencies, pursuant to intergovernmental contracts 
8written and executed in conformity with the Intergovernmental 
9Cooperation Act.
10 (c) The Illinois State Police may use moneys in the Fund to 
11hire and train State Police officers and the prevention of 
12violent crime.
13 (d) Law enforcement agencies that participate in Firearm

14Owner's Identification Card revocation enforcement in the

15Violent Crime Intelligence Task Force may apply for grants

16from the Illinois State Police. 
17 (e) The State Police Revocation Enforcement Fund is not 
18subject to administrative chargebacks.

19 Section 20. The Firearm Owners Identification Card Act is 
20amended by changing Sections 1.1, 3, 3a, 3.1, 4, 5, 6, 7, 8, 
218.2, 8.3, 9.5, 10, 11, and 13.2 and by adding Sections 6.2, 
227.5, 8.4, and 13.4 as follows:



23 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)

24 Sec. 1.1. For purposes of this Act: 

 
 
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1 "Addicted to narcotics" means a person who has been: 
2  (1) convicted of an offense involving the use or 
3 possession of cannabis, a controlled substance, or 
4 methamphetamine within the past year; or 
5  (2) determined by the Department of State Police to be 
6 addicted to narcotics based upon federal law or federal 
7 guidelines. 
8 "Addicted to narcotics" does not include possession or use 
9of a prescribed controlled substance under the direction and 
10authority of a physician or other person authorized to 
11prescribe the controlled substance when the controlled 
12substance is used in the prescribed manner.
13 "Adjudicated as a person with a mental disability" means 
14the person is the subject of a determination by a court, board, 
15commission or other lawful authority that the person, as a 
16result of marked subnormal intelligence, or mental illness, 
17mental impairment, incompetency, condition, or disease:
18  (1) presents a clear and present danger to himself, 
19 herself, or to others;
20  (2) lacks the mental capacity to manage his or her own 
21 affairs or is adjudicated a person with a disability as 
22 defined in Section 11a-2 of the Probate Act of 1975;
23  (3) is not guilty in a criminal case by reason of 
24 insanity, mental disease or defect;
25  (3.5) is guilty but mentally ill, as provided in 
26 Section 5-2-6 of the Unified Code of Corrections; 
 
 
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1  (4) is incompetent to stand trial in a criminal case; 
2  (5) is not guilty by reason of lack of mental 
3 responsibility under Articles 50a and 72b of the Uniform 
4 Code of Military Justice, 10 U.S.C. 850a, 876b;

5  (6) is a sexually violent person under subsection (f) 
6 of Section 5 of the Sexually Violent Persons Commitment 
7 Act; 
8  (7) is a sexually dangerous person under the Sexually 
9 Dangerous Persons Act; 
10  (8) is unfit to stand trial under the Juvenile Court 
11 Act of 1987; 
12  (9) is not guilty by reason of insanity under the 
13 Juvenile Court Act of 1987; 
14  (10) is subject to involuntary admission as an 
15 inpatient as defined in Section 1-119 of the Mental Health 
16 and Developmental Disabilities Code; 
17  (11) is subject to involuntary admission as an 
18 outpatient as defined in Section 1-119.1 of the Mental 
19 Health and Developmental Disabilities Code; 
20  (12) is subject to judicial admission as set forth in 
21 Section 4-500 of the Mental Health and Developmental 
22 Disabilities Code; or 
23  (13) is subject to the provisions of the Interstate 
24 Agreements on Sexually Dangerous Persons Act. 
25 "Clear and present danger" means a person who:
26  (1) communicates a serious threat of physical violence 
 
 
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1 against a reasonably identifiable victim or poses a clear 
2 and imminent risk of serious physical injury to himself, 
3 herself, or another person as determined by a physician, 
4 clinical psychologist, or qualified examiner; or
5  (2) demonstrates threatening physical or verbal 
6 behavior, such as violent, suicidal, or assaultive 
7 threats, actions, or other behavior, as determined by a 
8 physician, clinical psychologist, qualified examiner, 
9 school administrator, or law enforcement official.
10 "Clinical psychologist" has the meaning provided in 
11Section 1-103 of the Mental Health and Developmental 
12Disabilities Code.
13 "Controlled substance" means a controlled substance or 
14controlled substance analog as defined in the Illinois 
15Controlled Substances Act. 
16 "Counterfeit" means to copy or imitate, without legal 
17authority, with
intent
to deceive.
18 "Federally licensed firearm dealer" means a person who is 
19licensed as a federal firearms dealer under Section 923 of the 
20federal Gun Control Act of 1968 (18 U.S.C. 923).


21 "Firearm" means any device, by
whatever name known, which 
22is designed to expel a projectile or projectiles
by the action 
23of an explosion, expansion of gas or escape of gas; excluding,

24however:

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

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

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

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

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

18 "Firearm ammunition" means any self-contained cartridge or 
19shotgun
shell, by whatever name known, which is designed to be 
20used or adaptable to
use in a firearm; excluding, however:

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

25  (2) any ammunition designed exclusively for use with a 
26 stud or rivet
driver or other similar industrial 
 
 
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1 ammunition.
2 "Gun show" means an event or function:
3  (1) at which the sale and transfer of firearms is the 
4 regular and normal course of business and where 50 or more 
5 firearms are displayed, offered, or exhibited for sale, 
6 transfer, or exchange; or
7  (2) at which not less than 10 gun show vendors 
8 display, offer, or exhibit for sale, sell, transfer, or 
9 exchange firearms.

10 "Gun show" includes the entire premises provided for an 
11event or function, including parking areas for the event or 
12function, that is sponsored to facilitate the purchase, sale, 
13transfer, or exchange of firearms as described in this 
14Section.
Nothing in this definition shall be construed to 
15exclude a gun show held in conjunction with competitive 
16shooting events at the World Shooting Complex sanctioned by a 
17national governing body in which the sale or transfer of 
18firearms is authorized under subparagraph (5) of paragraph (g) 
19of subsection (A) of Section 24-3 of the Criminal Code of 2012. 
20 Unless otherwise expressly stated, "gun show" does not 
21include training or safety classes, competitive shooting 
22events, such as rifle, shotgun, or handgun matches, trap, 
23skeet, or sporting clays shoots, dinners, banquets, raffles, 
24or
any other event where the sale or transfer of firearms is 
25not the primary course of business.
26 "Gun show promoter" means a person who organizes or 
 
 
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1operates a gun show.
2 "Gun show vendor" means a person who exhibits, sells, 
3offers for sale, transfers, or exchanges any firearms at a gun 
4show, regardless of whether the person arranges with a gun 
5show promoter for a fixed location from which to exhibit, 
6sell, offer for sale, transfer, or exchange any firearm.
7 "Involuntarily admitted" has the meaning as prescribed in 
8Sections 1-119 and 1-119.1 of the Mental Health and 
9Developmental Disabilities Code. 
10 "Mental health facility" means any licensed private 
11hospital or hospital affiliate, institution, or facility, or 
12part thereof, and any facility, or part thereof, operated by 
13the State or a political subdivision thereof which provide 
14treatment of persons with mental illness and includes all 
15hospitals, institutions, clinics, evaluation facilities, 
16mental health centers, colleges, universities, long-term care 
17facilities, and nursing homes, or parts thereof, which provide 
18treatment of persons with mental illness whether or not the 
19primary purpose is to provide treatment of persons with mental 
20illness. 
21 "National governing body" means a group of persons who 
22adopt rules and formulate policy on behalf of a national 
23firearm sporting organization. 
24 "Patient" means: 
25  (1) a person who is admitted as an inpatient or 
26 resident of a public or private mental health facility for 
 
 
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1 mental health treatment under Chapter III of the Mental 
2 Health and Developmental Disabilities Code as an informal 
3 admission, a voluntary admission, a minor admission, an 
4 emergency admission, or an involuntary admission, unless 
5 the treatment was solely for an alcohol abuse disorder; or 
6  (2) a person who voluntarily or involuntarily receives 
7 mental health treatment as an out-patient or is otherwise 
8 provided services by a public or private mental health 
9 facility, and who poses a clear and present danger to 
10 himself, herself, or to others. 
11 "Person with a developmental disability" means a person 
12with a disability which is attributable to any other condition 
13which results in impairment similar to that caused by an 
14intellectual disability and which requires services similar to 
15those required by persons with intellectual disabilities. The 
16disability must originate before the age of 18
years, be 
17expected to continue indefinitely, and constitute a 
18substantial disability. This disability results, in the 
19professional opinion of a physician, clinical psychologist, or 
20qualified examiner, in significant functional limitations in 3 
21or more of the following areas of major life activity:
22  (i) self-care;
23  (ii) receptive and expressive language;
24  (iii) learning;
25  (iv) mobility; or
26  (v) self-direction. 
 
 
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1 "Person with an intellectual disability" means a person 
2with a significantly subaverage general intellectual 
3functioning which exists concurrently with impairment in 
4adaptive behavior and which originates before the age of 18 
5years. 
6 "Physician" has the meaning as defined in Section 1-120 of 
7the Mental Health and Developmental Disabilities Code.
8 "Protective order" means any orders of protection issued

9under the Illinois Domestic Violence Act of 1986, stalking no 
10contact orders issued under the Stalking No Contact Order Act,

11civil no contact orders issued under the Civil No Contact

12Order Act, and firearms restraining orders issued under the

13Firearms Restraining Order Act. 
14 "Qualified examiner" has the meaning provided in Section 
151-122 of the Mental Health and Developmental Disabilities 
16Code.
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 
23Clear and 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. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; 
 
 
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199-642, eff. 7-28-16; 100-906, eff. 1-1-19.)

2 (430 ILCS 65/3) (from Ch. 38, par. 83-3)
3 Sec. 3. Requirements for firearm transfers. 
4 (a) A Except as provided in Section 3a, no person shall not 
5may knowingly
transfer, or cause to be transferred, any 
6firearm, firearm ammunition, stun gun, or taser to any person 
7within this State unless the
transferee with whom he or she 
8deals displays either: (1) a currently valid Firearm Owner's

9Identification Card which has previously been issued in his or 
10her name by the
Department of State Police under the 
11provisions of this Act; or (2) a currently valid license to 
12carry a concealed firearm which has previously been issued in 
13his or her name by the
Department of State Police under the 
14Firearm Concealed Carry Act. In addition,
all firearm, stun 
15gun, and taser transfers by federally licensed firearm dealers 
16are subject
to Section 3.1.
17 (a-5) Beginning 90 days after the effective date of this 
18amendatory Act of the 102nd General Assembly, notwithstanding 
19item (2) of subsection (a) of this Section, any person who is 
20not a federally licensed firearm dealer and who desires to 
21transfer or sell a firearm or firearms to any person who is not 
22a federally licensed firearm dealer shall do so only through a 
23federally licensed firearms dealer as follows: 
24  (1) the seller or transferor shall give the firearm to 
25 the federally licensed firearms dealer, who shall retain 
 
 
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1 possession of the firearm until every legal requirement 
2 for the sale or transfer has been met;
3  (2) the federally licensed firearms dealer shall 
4 process the sale or other transfer in compliance with any 
5 federal, State, and local law, including a National 
6 Instant Criminal Background Check System background check 
7 on the buyer or transferee in accordance with 18 U.S.C. 
8 922(t) and Section 3.1;
9   (A) if the transaction is not legally prohibited, 
10 the federally licensed firearm dealer may then 
11 complete transfer the firearm to the buyer or 
12 transferee;
13   (B) if the transaction is legally prohibited, the 
14 federally licensed firearm dealer shall conduct a 
15 National Instant Criminal Background Check System 
16 background check under paragraph (2) of this 
17 subsection (a-5) on the transferor or seller before 
18 returning the firearm;
19   (C) if the federally licensed firearm dealer 
20 cannot return the firearm to either party, the dealer 
21 shall notify a local law enforcement agency within 24 
22 hours to take possession of the firearm;
23   (D) if there is a delay in completing a background 
24 check, the federally licensed firearms dealer shall 
25 maintain possession of the firearm until the 
26 background check is completed;
 
 
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1  (3) the federally licensed firearms dealer shall 
2 ensure that all required documentation of the sale or 
3 transfer are maintained in accordance with federal, State, 
4 and local law, including, but not limited to, the 
5 completion of the Bureau of Alcohol, Tobacco, Firearms, 
6 and Explosives Firearm Transaction Record Form 4473 which 
7 shall be open to inspection in accordance the Firearm 
8 Dealer License Certification Act;
9  (4) the federally licensed firearms dealer may charge 
10 a fee not to exceed $10 to perform the sale or transfer 
11 under this Section; and
12  (5) no transfer of a firearm shall occur until an 
13 approval is issued by the Illinois State Police and the 
14 required waiting period established by Section 24-3 of the 
15 Criminal Code of 2012 has expired. 
16 This subsection shall not apply to sales or transfers by 
17a:
18  (A) law enforcement, corrections, or active duty 
19 military officer acting within the course of his or her 
20 employment or official duties;
21  (B) person acting under operation of law or court 
22 order;
23  (C) gunsmith who receives the firearm solely for the 
24 purpose of service or repair;
25  (D) person acting on behalf of a common carrier or 
26 other business for purposes of transportation or storage 
 
 
10200HB1091ham001- 36 -LRB102 03105 RLC 25522 a


1 in the ordinary course of his or her business;
2  (E) person who is loaned a firearm while on the 
3 premises of a licensed shooting range for the sole purpose 
4 of shooting at targets, if the firearm is kept within the 
5 premises of the shooting range;
6  (F) minor who is loaned a firearm for lawful hunting 
7 or sporting purposes while under the direct supervision of 
8 an adult;
9  (G) person who acquires a firearm upon the death of 
10 another person from a will, bequest, inheritance, or as a 
11 bona fide gift from an immediate family member, as long as 
12 he or she notifies the Illinois State Police under Section 
13 3.1 within 60 days, at which time the Illinois State 
14 Police shall conduct a National Instant Criminal 
15 Background Check System background check on the person. In 
16 this paragraph, "immediate family member" means a spouse, 
17 domestic partner, children, step-children, parents, or 
18 step-parents;
19  (H) person who transfers a firearm to a law 
20 enforcement agency; or
21  (I) person who is loaned a firearm for lawful hunting 
22 or sporting purposes while in the presence of the lawful 
23 owner of the firearm. 
24 Any person who is not a federally licensed firearm dealer and 
25 who desires to transfer or sell a firearm while that 
26 person is on the grounds of a gun show must, before selling 
 
 
10200HB1091ham001- 37 -LRB102 03105 RLC 25522 a


1 or transferring the firearm, request the Department of 
2 State Police to conduct a background check on the 
3 prospective recipient of the firearm in accordance with 
4 Section 3.1.
5 (a-10) The Illinois State Police shall publish, on its 
6website, information for holders of Firearm Owner's 
7Identification Cards that includes the changes included in 
8this amendatory Act of the 102nd General Assembly. Any Firearm 
9Owner's Identification Card issued or renewed beginning 180 
10days after the effective date of this amendatory Act of the 
11102nd General Assembly shall include a statement indicating 
12the changes pertinent in this amendatory Act of the 102nd 
13General Assembly for Firearm Owner's Identification Card 
14holders. Notwithstanding item (2) of subsection (a) of this 
15Section, any person who is not a federally licensed firearm 
16dealer and who desires to transfer or sell a firearm or 
17firearms to any person who is not a federally licensed firearm 
18dealer shall, before selling or transferring the firearms, 
19contact the Department of State Police with the transferee's 
20or purchaser's Firearm Owner's Identification Card number to 
21determine the validity of the transferee's or purchaser's 
22Firearm Owner's Identification Card. This subsection shall not 
23be effective until January 1, 2014. The Department of State 
24Police may adopt rules concerning the implementation of this 
25subsection. The Department of State Police shall provide the 
26seller or transferor an approval number if the purchaser's 
 
 
10200HB1091ham001- 38 -LRB102 03105 RLC 25522 a


1Firearm Owner's Identification Card is valid. Approvals issued 
2by the Department for the purchase of a firearm pursuant to 
3this subsection are valid for 30 days from the date of issue.
4 (a-15) (Blank). The provisions of subsection (a-10) of 
5this Section do not apply to:
6  (1) transfers that occur at the place of business of a 
7 federally licensed firearm dealer, if the federally 
8 licensed firearm dealer conducts a background check on the 
9 prospective recipient of the firearm in accordance with 
10 Section 3.1 of this Act and follows all other applicable 
11 federal, State, and local laws as if he or she were the 
12 seller or transferor of the firearm, although the dealer 
13 is not required to accept the firearm into his or her 
14 inventory. The purchaser or transferee may be required by 
15 the federally licensed firearm dealer to pay a fee not to 
16 exceed $10 per firearm, which the dealer may retain as 
17 compensation for performing the functions required under 
18 this paragraph, plus the applicable fees authorized by 
19 Section 3.1;
20  (2) transfers as a bona fide gift to the transferor's 
21 husband, wife, son, daughter, stepson, stepdaughter, 
22 father, mother, stepfather, stepmother, brother, sister, 
23 nephew, niece, uncle, aunt, grandfather, grandmother, 
24 grandson, granddaughter, father-in-law, mother-in-law, 
25 son-in-law, or daughter-in-law;
26  (3) transfers by persons acting pursuant to operation 
 
 
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1 of law or a court order;
2  (4) transfers on the grounds of a gun show under 
3 subsection (a-5) of this Section;
4  (5) the delivery of a firearm by its owner to a 
5 gunsmith for service or repair, the return of the firearm 
6 to its owner by the gunsmith, or the delivery of a firearm 
7 by a gunsmith to a federally licensed firearms dealer for 
8 service or repair and the return of the firearm to the 
9 gunsmith;
10  (6) temporary transfers that occur while in the home 
11 of the unlicensed transferee, if the unlicensed transferee 
12 is not otherwise prohibited from possessing firearms and 
13 the unlicensed transferee reasonably believes that 
14 possession of the firearm is necessary to prevent imminent 
15 death or great bodily harm to the unlicensed transferee;
16  (7) transfers to a law enforcement or corrections 
17 agency or a law enforcement or corrections officer acting 
18 within the course and scope of his or her official duties;
19  (8) transfers of firearms that have been rendered 
20 permanently inoperable to a nonprofit historical society, 
21 museum, or institutional collection; and
22  (9) transfers to a person who is exempt from the 
23 requirement of possessing a Firearm Owner's Identification 
24 Card under Section 2 of this Act.
25 (a-20) (Blank). The Department of State Police shall 
26develop an Internet-based system for individuals to determine 
 
 
10200HB1091ham001- 40 -LRB102 03105 RLC 25522 a


1the validity of a Firearm Owner's Identification Card prior to 
2the sale or transfer of a firearm. The Department shall have 
3the Internet-based system completed and available for use by 
4July 1, 2015. The Department shall adopt rules not 
5inconsistent with this Section to implement this system.
6 (b) Any resident may purchase ammunition from a person 
7within or outside of this State if shipment is by United States 
8mail or by a private express carrier authorized by federal law 
9to ship ammunition. Any resident purchasing ammunition within 
10or outside the State must provide the seller with a copy of his 
11or her valid Firearm Owner's Identification Card or valid 
12concealed carry license and either his or her Illinois 
13driver's license or Illinois Identification Card prior to the 
14shipment of the ammunition. The ammunition may be shipped only 
15to an address on either of those 2 documents.
16 (b-1) Any person within this State who before the 
17provisions of subsection (a-5) become operative, transferred, 
18or caused transfers or causes to be
transferred any firearm, 
19stun gun, or taser shall keep a record of such transfer for a 
20period
of 10 years from the date of transfer. Such record shall 
21contain the date
of the transfer; the description, serial 
22number or other information
identifying the firearm, stun gun, 
23or taser if no serial number is available; and, if the
transfer 
24was completed within this State, the transferee's Firearm 
25Owner's
Identification Card number and any approval number or 
26documentation provided by the Department of State Police 
 
 
10200HB1091ham001- 41 -LRB102 03105 RLC 25522 a


1pursuant to subsection (a-10) of this Section; if the transfer 
2was not completed within this State, the record shall contain 
3the name and address of the transferee. The On or after January 
41, 2006, the record shall contain the date of application for 
5transfer of the firearm. On demand of a peace officer such 
6transferor
shall produce for inspection such record of 
7transfer. If the transfer or sale took place at a gun show, the 
8record shall include the unique identification number. Failure 
9to record the unique identification number or approval number 
10is a petty offense.
For transfers of a firearm, stun gun, or 
11taser made on or after January 1, 2019 (the effective date of 
12Public Act 100--1178) and before the provisions of subsection 
13(a-5) become operative this amendatory Act of the 100th 
14General Assembly, failure by the private seller to maintain 
15the transfer records in accordance with this Section is a 
16Class A misdemeanor for the first offense and a Class 4 felony 
17for a second or subsequent offense. A transferee shall not be 
18criminally liable under this subsection (b-1) Section provided 
19that he or she provides the Department of State Police with the 
20transfer records in accordance with procedures established by 
21the Department. The Department shall establish, by rule, a 
22standard form on its website. 
23 (b-5) (Blank). Any resident may purchase ammunition from a 
24person within or outside of Illinois if shipment is by United 
25States mail or by a private express carrier authorized by 
26federal law to ship ammunition. Any resident purchasing 
 
 
10200HB1091ham001- 42 -LRB102 03105 RLC 25522 a


1ammunition within or outside the State of Illinois must 
2provide the seller with a copy of his or her valid Firearm 
3Owner's Identification Card or valid concealed carry license 
4and either his or her Illinois driver's license or Illinois 
5State Identification Card prior to the shipment of the 
6ammunition. The ammunition may be shipped only to an address 
7on either of those 2 documents.
8 (c) The provisions of this Section regarding the transfer 
9of firearm
ammunition shall not apply to those persons 
10specified in paragraph (b) of
Section 2 of this Act.
11(Source: P.A. 99-29, eff. 7-10-15; 100-1178, eff. 1-18-19.)




12 (430 ILCS 65/3a) (from Ch. 38, par. 83-3a)



13 Sec. 3a. (a) Any resident of Illinois who has obtained a 
14firearm
owner's identification card pursuant to this Act and 
15who is not otherwise
prohibited from obtaining, possessing or 
16using a firearm may purchase or
obtain a rifle or shotgun or 
17ammunition for a rifle or shotgun in Iowa,
Missouri, Indiana, 
18Wisconsin or Kentucky.

19 (b) Any resident of Iowa, Missouri, Indiana, Wisconsin or 
20Kentucky
or a
non-resident with a valid non-resident hunting 
21license, who
is 18 years of age or older and who is not 
22prohibited by the laws of
Illinois, the state of his domicile, 
23or the United States from obtaining,
possessing or using a 
24firearm, may purchase or obtain a rifle,
shotgun or
ammunition 
25for a rifle or shotgun in Illinois.

 
 
10200HB1091ham001- 43 -LRB102 03105 RLC 25522 a


1 (b-5) Any non-resident who is participating in a 
2sanctioned competitive
shooting
event, who is 18 years of age 
3or older and who is not prohibited by the laws of
Illinois,
the 
4state of his or her domicile, or the United States from 
5obtaining,
possessing, or using
a firearm, may purchase or 
6obtain a shotgun or shotgun ammunition in Illinois
for the

7purpose of participating in that event. A person may purchase 
8or obtain a
shotgun or
shotgun ammunition under this 
9subsection only at the site where the sanctioned
competitive 
10shooting event is being held.

11 (b-10) Any non-resident registered competitor or attendee 
12of a competitive shooting
event held at the World Shooting 
13Complex sanctioned by a national governing
body, who is not 
14prohibited by the laws of Illinois, the state of his or her

15domicile, or the United States from obtaining, possessing, or 
16using a firearm
may purchase or obtain a rifle, shotgun, or 
17other long gun or ammunition for
a rifle, shotgun, or other 
18long gun at the competitive shooting event. The
sanctioning 
19body shall provide a list of registered competitors and 
20attendees as required
under subparagraph (5) of paragraph (g) 
21of subsection (A) of Section 24-3 of the Criminal Code of 2012. 
22A competitor or attendee of a competitive shooting event who 
23does not wish to
purchase a firearm at the event is not 
24required to register or have his or her name
appear on a list 
25of registered competitors and attendees provided to the 
26Department of State
Police by the sanctioning body. 
 
 
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1 (c) Any transaction under this Section is subject to the 
2provisions of
Section 3 and the Gun Control Act of 1968 (18 
3U.S.C. 922 (b)(3)).

4(Source: P.A. 99-29, eff. 7-10-15.)




5 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)



6 Sec. 3.1. Firearm transfer inquiry program Dial up system. 
7 (a) The Department of State Police shall provide
a dial up 
8telephone system or utilize other existing technology which 
9shall be used by any federally licensed
firearm dealer, gun 
10show promoter, or gun show vendor who is to transfer a firearm, 
11stun gun, or taser under the provisions of this
Act. The 
12Department of State Police may utilize existing technology 
13which
allows the caller to be charged a fee not to exceed $2. 
14Fees collected by the Department of
State Police shall be 
15deposited in the State Police Services Fund and used
to 
16provide the service.


17 (b) Upon receiving a request from a federally licensed 
18firearm dealer, gun show promoter, or gun show vendor, the

19Department of State Police shall immediately approve, or 
20within the time
period established by Section 24-3 of the 
21Criminal Code of 2012 regarding
the delivery of firearms, stun 
22guns, and tasers notify the inquiring dealer, gun show 
23promoter, or gun show vendor of any objection that
would 
24disqualify the transferee from acquiring or possessing a 
25firearm, stun gun, or taser. In
conducting the inquiry, the 
 
 
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1Department of State Police shall initiate and
complete an 
2automated search of its criminal history record information

3files and those of the Federal Bureau of Investigation, 
4including the
National Instant Criminal Background Check 
5System, and of the files of
the Department of Human Services 
6relating to mental health and
developmental disabilities to 
7obtain
any prohibiting information felony conviction or 
8patient hospitalization information which would
disqualify a 
9person from obtaining or require revocation of a currently

10valid Firearm Owner's Identification Card.
11 (b-5) The Illinois State Police shall by rule provide a

12process for the automatic renewal of the Firearm Owner's 
13Identification Card
of a person at the time of a inquiry in 
14subsection (b).
Persons eligible for this process must have a 
15set of
fingerprints on file with their application pursuant to

16either subsection (a-25) of Section 4 or the Firearm Concealed 
17Carry Act. 
18 (c) If receipt of a firearm would not violate Section 24-3 
19of the Criminal Code of 2012, federal law, or this Act the 
20Department of State Police shall:
21  (1) assign a unique identification number to the 
22 transfer; and
23  (2) provide the licensee, gun show promoter, or gun 
24 show vendor with the number.
25 (d) Approvals issued by the Department of State Police for 
26the purchase of a firearm are valid for 30 days from the date 
 
 
10200HB1091ham001- 46 -LRB102 03105 RLC 25522 a


1of issue.


2 (e) (1) The Department of State Police must act as the 
3Illinois Point of Contact
for the National Instant Criminal 
4Background Check System.
5 (2) The Department of State Police and the Department of 
6Human Services shall, in accordance with State and federal law 
7regarding confidentiality, enter into a memorandum of 
8understanding with the Federal Bureau of Investigation for the 
9purpose of implementing the National Instant Criminal 
10Background Check System in the State. The Department of State 
11Police shall report the name, date of birth, and physical 
12description of any person prohibited from possessing a firearm 
13pursuant to the Firearm Owners Identification Card Act or 18 
14U.S.C. 922(g) and (n) to the National Instant Criminal 
15Background Check System Index, Denied Persons Files.


16 (3) The Department of State Police shall provide notice of 
17the disqualification of a person under subsection (b) of this 
18Section or the revocation of a person's Firearm Owner's 
19Identification Card under Section 8 or Section 8.2 of this 
20Act, and the reason for the disqualification or revocation, to 
21all law enforcement agencies with jurisdiction to assist with 
22the seizure of the person's Firearm Owner's Identification 
23Card. 
24 (f) The Department of State Police shall adopt rules not 
25inconsistent with this Section to implement this
system.

26(Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17.)



 
 
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1 (430 ILCS 65/4) (from Ch. 38, par. 83-4)


2 Sec. 4. Application for Firearm Owner's Identification 
3Cards. 
4 (a) Each applicant for a Firearm Owner's Identification 
5Card must: 

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

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

13   (i) This subparagraph (i) applies through the 
14 180th day following the effective date of this 
15 amendatory Act of the 101st General Assembly. He or 
16 she is 21 years of age or over, or if he or she is 
17 under 21
years of age that he or she has the written 
18 consent of his or her parent or
legal guardian to 
19 possess and acquire firearms and firearm ammunition 
20 and that
he or she has never been convicted of a 
21 misdemeanor other than a traffic
offense or adjudged

22 delinquent, provided, however, that such parent or 
23 legal guardian is not an
individual prohibited from 
24 having a Firearm Owner's Identification Card and
files 
25 an affidavit with the Department as prescribed by the 
 
 
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1 Department
stating that he or she is not an individual 
2 prohibited from having a Card;
3   (i-5) This subparagraph (i-5) applies on and after 
4 the 181st day following the effective date of this 
5 amendatory Act of the 101st General Assembly. He or 
6 she is 21 years of age or over, or if he or she is 
7 under 21
years of age that he or she has never been 
8 convicted of a misdemeanor other than a traffic 
9 offense or adjudged delinquent and is an active duty 
10 member of the United States Armed Forces or has the 
11 written consent of his or her parent or
legal guardian 
12 to possess and acquire firearms and firearm 
13 ammunition, provided, however, that such parent or 
14 legal guardian is not an
individual prohibited from 
15 having a Firearm Owner's Identification Card and
files 
16 an affidavit with the Department as prescribed by the 
17 Department
stating that he or she is not an individual 
18 prohibited from having a Card or the active duty 
19 member of the United States Armed Forces under 21 
20 years of age annually submits proof to the Department 
21 of State Police, in a manner prescribed by the 
22 Department; 

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

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

26   (iv) He or she has not been a patient in a mental 
 
 
10200HB1091ham001- 49 -LRB102 03105 RLC 25522 a


1 health facility within
the past 5 years or, if he or 
2 she has been a patient in a mental health facility more 
3 than 5 years ago submit the certification required 
4 under subsection (u) of Section 8 of this Act;

5   (v) He or she is not a person with an intellectual 
6 disability;

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

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

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

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

20 substantially similar offense in another
jurisdiction 
21 committed before, on or after January 1, 2012 (the 
22 effective date of Public Act 97-158). If the applicant 
23 knowingly and intelligently waives the right to have 
24 an offense described in this clause (ix) tried by a 
25 jury, and by guilty plea or otherwise, results in a 
26 conviction for an offense in which a domestic 
 
 
10200HB1091ham001- 50 -LRB102 03105 RLC 25522 a


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

8   (x) (Blank);

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

16    (1) admitted to the United States for lawful 
17 hunting or sporting
purposes;

18    (2) an official representative of a foreign 
19 government who is:

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

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

26    (3) an official of a foreign government or 
 
 
10200HB1091ham001- 51 -LRB102 03105 RLC 25522 a


1 distinguished foreign
visitor who has been so 
2 designated by the Department of State;

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

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

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

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

18   (xiv) He or she is a resident of the State of 
19 Illinois; 
20   (xv) He or she has not been adjudicated as a person 
21 with a mental disability; 
22   (xvi) He or she has not been involuntarily 
23 admitted into a mental health facility; and 
24   (xvii) He or she is not a person with a 
25 developmental disability; and 
26  (3) Upon request by the Department of State Police, 
 
 
10200HB1091ham001- 52 -LRB102 03105 RLC 25522 a


1 sign a release on a
form prescribed by the Department of 
2 State Police waiving any right to
confidentiality and 
3 requesting the disclosure to the Department of State 
4 Police
of limited mental health institution admission 
5 information from another state,
the District of Columbia, 
6 any other territory of the United States, or a
foreign 
7 nation concerning the applicant for the sole purpose of 
8 determining
whether the applicant is or was a patient in a 
9 mental health institution and
disqualified because of that 
10 status from receiving a Firearm Owner's
Identification 
11 Card. No mental health care or treatment records may be

12 requested. The information received shall be destroyed 
13 within one year of
receipt.

14 (a-5) Each applicant for a Firearm Owner's Identification 
15Card who is over
the age of 18 shall furnish to the Department 
16of State Police either his or
her Illinois driver's license 
17number or Illinois Identification Card number, except as

18provided in subsection (a-10).

19 (a-10) Each applicant for a Firearm Owner's Identification 
20Card,
who is employed as a law enforcement officer, an armed 
21security officer in Illinois, or by the United States Military

22permanently assigned in Illinois and who is not an Illinois 
23resident, shall furnish to
the Department of State Police his 
24or her driver's license number or state
identification card 
25number from his or her state of residence. The Department
of 
26State Police may adopt rules to enforce the provisions of this

 
 
10200HB1091ham001- 53 -LRB102 03105 RLC 25522 a


1subsection (a-10).

2 (a-15) If an applicant applying for a Firearm Owner's 
3Identification Card moves from the residence address named in 
4the application, he or she shall immediately notify in a form 
5and manner prescribed by the Department of State Police of 
6that change of address.
7 (a-20) Each applicant for a Firearm Owner's Identification 
8Card shall furnish to the Department of State Police his or her 
9photograph. An applicant who is 21 years of age or older 
10seeking a religious exemption to the photograph requirement 
11must furnish with the application an approved copy of United 
12States Department of the Treasury Internal Revenue Service 
13Form 4029. In lieu of a photograph, an applicant regardless of 
14age seeking a religious exemption to the photograph 
15requirement shall submit fingerprints on a form and manner 
16prescribed by the Department with his or her application. 
17 (a-25) Beginning 180 days after the effective date of this 
18amendatory Act of the 102nd General Assembly, each applicant 
19for the issuance or renewal of a Firearm Owner's 
20Identification Card shall include a full set of his or her 
21fingerprints in electronic format to the Illinois State 
22Police, unless the applicant has previously provided a full 
23set of his or her fingerprints to the Illinois State Police 
24under this Act or the Firearm Concealed Carry Act.
25  (1) The fingerprints must be transmitted through a 
26 live scan fingerprint vendor licensed by the Department of 
 
 
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1 Financial and Professional Regulation. These fingerprints 
2 shall be checked against the fingerprint records now and 
3 hereafter filed in the Illinois State Police and Federal 
4 Bureau of Investigation criminal history records 
5 databases, including all available state and local 
6 criminal history record information files. A live scan 
7 fingerprint vendor may not charge more than $30 per set of 
8 fingerprints reviewed under this Section.
9  (2) The Illinois State Police shall charge applicants 
10 a one-time fee for conducting the criminal history record 
11 check, which shall be deposited in the State Police 
12 Services Fund and shall not exceed the actual cost of the 
13 State and national criminal history record check.
14 (a-30) The Illinois State Police shall deny the 
15application of any person who fails to submit evidence 
16required by this Section. 
17 (b) Each application form shall include the following 
18statement printed in
bold type: "Warning: Entering false 
19information on an application for a Firearm
Owner's 
20Identification Card is punishable as a Class 2 felony in 
21accordance
with subsection (d-5) of Section 14 of the Firearm 
22Owners Identification Card
Act.".

23 (c) Upon such written consent, pursuant to Section 4, 
24paragraph (a)(2)(i),
the parent or legal guardian giving the 
25consent shall be liable for any
damages resulting from the 
26applicant's use of firearms or firearm ammunition.

 
 
10200HB1091ham001- 55 -LRB102 03105 RLC 25522 a


1(Source: P.A. 101-80, eff. 7-12-19.)




2 (430 ILCS 65/5) (from Ch. 38, par. 83-5)

3 Sec. 5. Application and renewal. 
4 (a) The Department of State Police shall either approve or

5deny all complete applications within 30 days from the date 
6they are received,
except as provided in subsections (b) and 
7(c) subsection (b) of this Section, and every applicant found 
8qualified under Section 8 of this Act by
the Department shall 
9be entitled to a Firearm Owner's Identification
Card upon the 
10payment of a $20 $10 fee, and applicable processing fees. Any 
11applicant who is an active duty member of the Armed Forces of 
12the United States, a member of the Illinois National Guard, or 
13a member of the Reserve Forces of the United States is exempt 
14from the application fee. $10 of each fee derived from the 
15issuance of Firearm Owner's Identification Cards, or renewals 
16thereof, shall be deposited in the State Police Firearm 
17Services Fund; and $10 of the fee shall be deposited in the 
18State Police Revocation Enforcement Fund $6 of each fee 
19derived from the
issuance of Firearm Owner's Identification 
20Cards, or renewals thereof,
shall be deposited in the Wildlife 
21and Fish Fund in the State Treasury;
$1 of the fee shall be 
22deposited in the State Police Services Fund and $3 of the fee 
23shall be deposited in the
State Police Firearm Services Fund.
24 (b) Complete renewal Renewal applications shall be 
25approved or denied within 60 business days, provided the 
 
 
10200HB1091ham001- 56 -LRB102 03105 RLC 25522 a


1applicant submitted his or her renewal application prior to 
2the expiration of his or her Firearm Owner's Identification 
3Card. If a renewal application has been submitted prior to the 
4expiration date of the applicant's Firearm Owner's 
5Identification Card, the Firearm Owner's Identification Card 
6shall remain valid while the Department processes the 
7application, unless the person is subject to or becomes 
8subject to revocation under this Act. The cost for a renewal 
9application shall be $20 and applicable processing fees, of 
10$10 which $10 shall be deposited into the State Police Firearm 
11Services Fund; and $10 shall be deposited into the State 
12Police Revocation Enforcement Fund. 
13 (c) If the Firearm Owner's Identification Card of a

14licensee under the Firearm Concealed Carry Act expires during

15the term of the licensee's concealed carry license, the

16Firearm Owner's Identification Card and the license remain

17valid and the licensee does not have to renew his or her

18Firearm Owner's Identification Card during the duration of the

19concealed carry license. Unless the Illinois State Police has

20reason to believe the licensee is no longer eligible for the

21card, the Illinois State Police may automatically renew the

22licensee's Firearm Owner's Identification Card and send a

23renewed Firearm Owner's Identification Card to the licensee. 

24 (d) In this Section, "complete application" and "complete 
25renewal application" means the applicant has submitted the 
26evidence required by Section 4. 
 
 
10200HB1091ham001- 57 -LRB102 03105 RLC 25522 a


1(Source: P.A. 100-906, eff. 1-1-19.)





2 (430 ILCS 65/6) (from Ch. 38, par. 83-6)



3 Sec. 6. Contents of Firearm Owner's Identification Card. 

4 (a) A Firearm Owner's Identification Card, issued by the 
5Department of
State Police at such places as the Director of 
6the
Department shall
specify, shall contain the applicant's 
7name, residence, date of birth, sex,
physical description, 
8recent photograph, except as provided in subsection (c-5), and 
9signature. Each Firearm Owner's
Identification Card must have 
10the Firearm Owner's Identification Card number expiration date 
11boldly and conspicuously
displayed on the face of the card. 
12Each Firearm Owner's
Identification Card must have printed on 
13it the following: "CAUTION - This
card does not permit bearer 
14to UNLAWFULLY carry or use firearms."
Before December 1, 2002,

15the Department may use a person's digital photograph and 
16signature from his or
her
Illinois driver's license or 
17Illinois Identification Card, if available. On
and after 
18December 1, 2002,
the Department shall use a person's digital 
19photograph and signature from his
or her
Illinois driver's 
20license or Illinois Identification Card, if available. The

21Department shall decline to use a person's digital photograph 
22or signature if
the digital photograph or signature is the 
23result of or associated with
fraudulent or erroneous data, 
24unless otherwise provided by law.

25 (b) A person applying for a Firearm Owner's Identification 
 
 
10200HB1091ham001- 58 -LRB102 03105 RLC 25522 a


1Card shall
consent
to the Department of State Police using the 
2applicant's digital driver's
license
or Illinois 
3Identification Card photograph, if available, and signature on 
4the
applicant's
Firearm Owner's Identification Card. The 
5Secretary
of State shall allow the Department of State Police 
6access to the photograph
and signature for the purpose of 
7identifying the applicant and issuing to the
applicant a

8Firearm Owner's Identification Card.

9 (c) The Secretary of State shall conduct a study to 
10determine the cost
and
feasibility of creating a method of 
11adding an identifiable code, background, or
other means on the 
12driver's license or Illinois Identification Card to show
that

13an individual is not disqualified from owning or possessing a 
14firearm under
State or federal law. The Secretary shall report 
15the findings of this study
12 months after the effective date 
16of this amendatory Act of the 92nd General
Assembly.

17 (c-5) If a person qualifies for a photograph exemption, in 
18lieu of a photograph, the Firearm Owner's Identification Card 
19shall contain a copy of the card holder's fingerprints. Each 
20Firearm Owner's Identification Card described in this 
21subsection (c-5) must have printed on it the following: "This 
22card is only valid for firearm purchases through a federally 
23licensed firearms dealer when presented with photographic 
24identification, as prescribed by 18 U.S.C. 922(t)(1)(C)." 
25(Source: P.A. 97-1131, eff. 1-1-13.)


 
 
10200HB1091ham001- 59 -LRB102 03105 RLC 25522 a


1 (430 ILCS 65/6.2 new)
2 Sec. 6.2. Electronic Firearm Owner's Identification Cards. 

3The Illinois State Police may develop a system under which the

4holder of a Firearm Owner's Identification Card may display an

5electronic version of his or her Firearm Owner's

6Identification Card on a mobile telephone or other portable

7electronic device. An electronic version of a Firearm Owner's

8Identification Card shall contain security features the

9Illinois State Police determines to be necessary to ensure

10that the electronic version is accurate and current and shall

11satisfy other requirements the Illinois State Police 
12determines to be necessary regarding form and content. The

13display or possession of an electronic version of a valid

14Firearm Owner's Identification Card in accordance with the

15requirements of the Illinois State Police satisfies all

16requirements for the display or possession of a valid Firearm

17Owner's Identification Card under the laws of this State. The

18possession or display of an electronic Firearm Owner's

19Identification Card on a mobile telephone or other portable

20electronic device does not constitute consent for a law

21enforcement officer, court, or other officer of the court to

22access other contents of the mobile telephone or other

23portable electronic device. The Illinois State Police may

24adopt rules to implement this Section.



25 (430 ILCS 65/7) (from Ch. 38, par. 83-7)



 
 
10200HB1091ham001- 60 -LRB102 03105 RLC 25522 a


1 Sec. 7. Validity of Firearm Owner's Identification Card. 
2 (a) Except as provided in Section 8 of this Act or 
3elsewhere in subsection (b) of this Section, a Firearm Owner's

4Identification Card issued under the provisions of this Act 
5shall be valid
for the person to whom it is issued for a period 
6of 5 10 years from the date
of issuance. Unless the person no

7longer meets the requirements or becomes subject to suspension

8or revocation under this Act, a card issued pursuant to an

9application made as provided in subsection (a-25) of Section 4

10shall remain valid if the person meets the requirements of

11subsection (b-5) of Section 3.1. Any person whose card was 
12previously issued for a period of 10 years shall retain the 
1310-year issuance period until the next date of renewal, at 
14which point the card shall be renewed for 5 years. 
15 (b) If a renewal application is submitted to the 
16Department before the expiration date of the applicant's 
17current Firearm Owner's Identification Card, the Firearm 
18Owner's Identification Card shall remain valid for a period of 
1960 business days, unless the person is subject to or becomes 
20subject to revocation under this Act. Unless the person no

21longer meets the requirements or becomes subject to suspension

22or revocation under this Act, a card issued pursuant to a

23renewal application made as provided in subsection (a-25) of

24Section 4 shall remain valid if the person meets the

25implementation requirements of Section 3.1.
26 (c) If the Firearm Owner's Identification Card of a

 
 
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1licensee under the Firearm Concealed Carry Act expires during

2the term of the licensee's concealed carry license, the

3Firearm Owner's Identification Card and the license remain

4valid during the validity of the concealed carry license and

5the licensee does not have to renew his or her Firearm Owner's

6Identification Card, if the Firearm Owner's Identification

7Card has not been otherwise renewed as provided in this Act.

8Unless the Illinois State Police has reason to believe the

9licensee is no longer eligible for the card, the Illinois

10State Police may automatically renew the licensee's Firearm

11Owner's Identification Card and send a renewed Firearm Owner's

12Identification Card to the licensee. 

13(Source: P.A. 100-906, eff. 1-1-19.)


14 (430 ILCS 65/7.5 new)
15 Sec. 7.5. Email notifications. A person subject to this 
16Act may notify the Illinois State Police upon application or 
17at any time thereafter that he or she would like to receive 
18correspondence from the Illinois State Police via email rather 
19than by mail.



20 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

21 Sec. 8. Grounds for denial and revocation. The Department 
22of State Police has authority to deny an
application for or to 
23revoke and seize a Firearm Owner's Identification
Card 
24previously issued under this Act only if the Department finds 
 
 
10200HB1091ham001- 62 -LRB102 03105 RLC 25522 a


1that the
applicant or the person to whom such card was issued 
2is or was at the time
of issuance:

3  (a) A person under 21 years of age who has been 
4 convicted of a
misdemeanor other than a traffic offense or 
5 adjudged delinquent;

6  (b) This subsection (b) applies through the 180th day 
7 following the effective date of this amendatory Act of the 
8 101st General Assembly. A person under 21 years of age who 
9 does not have the written consent
of his parent or 
10 guardian to acquire and possess firearms and firearm

11 ammunition, or whose parent or guardian has revoked such 
12 written consent,
or where such parent or guardian does not 
13 qualify to have a Firearm Owner's
Identification Card;
14  (b-5) This subsection (b-5) applies on and after the 
15 181st day following the effective date of this amendatory 
16 Act of the 101st General Assembly. A person under 21 years 
17 of age who is not an active duty member of the United 
18 States Armed Forces and does not have the written consent

19 of his or her parent or guardian to acquire and possess 
20 firearms and firearm
ammunition, or whose parent or 
21 guardian has revoked such written consent,
or where such 
22 parent or guardian does not qualify to have a Firearm 
23 Owner's
Identification Card; 

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

26  (d) A person addicted to narcotics;

 
 
10200HB1091ham001- 63 -LRB102 03105 RLC 25522 a


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

14  (f) A person whose mental condition is of such a 
15 nature that it poses
a clear and present danger to the 
16 applicant, any other person or persons or
the community;

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

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

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

22  (i-5) An alien who has been admitted to the United 
23 States under a
non-immigrant visa (as that term is defined 
24 in Section 101(a)(26) of the
Immigration and Nationality 
25 Act (8 U.S.C. 1101(a)(26))), except that this
subsection 
26 (i-5) does not apply to any alien who has been lawfully 
 
 
10200HB1091ham001- 64 -LRB102 03105 RLC 25522 a


1 admitted to
the United States under a non-immigrant visa 
2 if that alien is:

3   (1) admitted to the United States for lawful 
4 hunting or sporting purposes;

5   (2) an official representative of a foreign 
6 government who is:

7    (A) accredited to the United States Government 
8 or the Government's
mission to an international 
9 organization having its headquarters in the United

10 States; or

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

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

16   (4) a foreign law enforcement officer of a 
17 friendly foreign government
entering the United States 
18 on official business; or

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

22  (j) (Blank);

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

 
 
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1 used or possessed;

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

4 similar offense in another jurisdiction committed before, 
5 on or after January 1, 2012 (the effective date of Public 
6 Act 97-158). If the applicant or person who has been 
7 previously issued a Firearm Owner's Identification Card 
8 under this Act knowingly and intelligently waives the 
9 right to have an offense described in this paragraph (l) 
10 tried by a jury, and by guilty plea or otherwise, results 
11 in a conviction for an offense in which a domestic 
12 relationship is not a required element of the offense but 
13 in which a determination of the applicability of 18 U.S.C. 
14 922(g)(9) is made under Section 112A-11.1 of the Code of 
15 Criminal Procedure of 1963, an entry by the court of a 
16 judgment of conviction for that offense shall be grounds 
17 for denying an application for and for revoking and 
18 seizing a Firearm Owner's Identification Card previously 
19 issued to the person under this Act;

20  (m) (Blank);

21  (n) A person who is prohibited from acquiring or 
22 possessing
firearms or firearm ammunition by any Illinois 
23 State statute or by federal
law;

24  (o) A minor subject to a petition filed under Section 
25 5-520 of the
Juvenile Court Act of 1987 alleging that the 
26 minor is a delinquent minor for
the commission of an 
 
 
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1 offense that if committed by an adult would be a felony;


2  (p) An adult who had been adjudicated a delinquent 
3 minor under the Juvenile
Court Act of 1987 for the 
4 commission of an offense that if committed by an
adult 
5 would be a felony;

6  (q) A person who is not a resident of the State of 
7 Illinois, except as provided in subsection (a-10) of 
8 Section 4; 
9  (r) A person who has been adjudicated as a person with 
10 a mental disability; 
11  (s) A person who has been found to have a 
12 developmental disability; 
13  (t) A person involuntarily admitted into a mental 
14 health facility; or 
15  (u) A person who has had his or her Firearm Owner's 
16 Identification Card revoked or denied under subsection (e) 
17 of this Section or item (iv) of paragraph (2) of 
18 subsection (a) of Section 4 of this Act because he or she 
19 was a patient in a mental health facility as provided in 
20 subsection (e) of this Section, shall not be permitted to 
21 obtain a Firearm Owner's Identification Card, after the 
22 5-year period has lapsed, unless he or she has received a 
23 mental health evaluation by a physician, clinical 
24 psychologist, or qualified examiner as those terms are 
25 defined in the Mental Health and Developmental 
26 Disabilities Code, and has received a certification that 
 
 
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1 he or she is not a clear and present danger to himself, 
2 herself, or others. The physician, clinical psychologist, 
3 or qualified examiner making the certification and his or 
4 her employer shall not be held criminally, civilly, or 
5 professionally liable for making or not making the 
6 certification required under this subsection, except for 
7 willful or wanton misconduct. This subsection does not 
8 apply to a person whose firearm possession rights have 
9 been restored through administrative or judicial action 
10 under Section 10 or 11 of this Act; or . 
11  (v) A person who has failed to submit the evidence 
12 required by Section 4. 
13 Upon revocation of a person's Firearm Owner's 
14Identification Card, the Department of State Police shall 
15provide notice to the person within 7 business days and the 
16person shall comply with Section 9.5 of this Act. 
17(Source: P.A. 101-80, eff. 7-12-19.)


18 (430 ILCS 65/8.2)
19 Sec. 8.2. Firearm Owner's Identification Card denial, 
20suspension, or revocation. The Department of State Police 
21shall deny an application or shall suspend or revoke and seize 
22a Firearm Owner's Identification Card previously issued under 
23this Act if the Department finds that the applicant or person 
24to whom such card was issued is or was at the time of issuance 
25subject to a protective order an existing order of protection , 
 
 
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1or firearms restraining order, stalking no contact order, or 
2civil no contact order. When the duration of the protective 
3order is expected to be less than one year, the Illinois State 
4Police shall suspend the Firearm Owner's Identification Card 
5pursuant to Section 8.3 of this Act and shall reinstate it upon 
6conclusion of the suspension if no other grounds for denial or 
7revocation are found pursuant to Section 8. 

8(Source: P.A. 100-607, eff. 1-1-19.)

9 (430 ILCS 65/8.3)
10 Sec. 8.3. Suspension of Firearm Owner's Identification 
11Card. The Department of State Police may suspend , by rule in a 
12manner consistent with the Department's rules concerning 
13revocation, provide for the suspension of the Firearm Owner's 
14Identification Card of a person whose Firearm Owner's 
15Identification Card is subject to revocation and seizure under 
16this Act for the duration of the disqualification if the 
17disqualification is not a permanent grounds for revocation of 
18a Firearm Owner's Identification Card under this Act. The 
19Illinois State Police may adopt rules necessary to implement 
20this Section. 

21(Source: P.A. 100-607, eff. 1-1-19; 100-906, eff. 1-1-19.)

22 (430 ILCS 65/8.4 new)
23 Sec. 8.4. Cancellation of Firearm Owner's Identification 
24Card. The Illinois State Police may cancel a Firearm Owner's 
 
 
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1Identification Card if a person is not prohibited by State or 
2federal law from acquiring or possessing a firearm or firearm 
3ammunition and the sole purpose is for an administrative 
4reason. This includes, but is not limited to, at the request of 
5the Firearm Owner's Identification Card holder, a person who 
6surrenders his or her Illinois driver's license or Illinois 
7Identification Card to another jurisdiction, or a person's 
8Firearm Owner's Identification Card is reported as lost, 
9stolen, or destroyed. The Illinois State Police may adopt 
10rules necessary to implement this Section.

11 (430 ILCS 65/9.5)
12 Sec. 9.5. Revocation or suspension of Firearm Owner's 
13Identification
Card.
14 (a) A person who receives a revocation or suspension 
15notice under Section 9 of this Act shall, within 48 hours of 
16receiving notice of the revocation or suspension:
17  (1) surrender his or her Firearm Owner's 
18 Identification Card to the local law enforcement agency 
19 where the person resides or . The local law enforcement 
20 agency shall provide the person a receipt and transmit the 
21 Firearm Owner's Identification Card to the Department of 
22 State Police; and
23  (2) complete a Firearm Disposition Record on a form 
24 prescribed by the Department of State Police and place his 
25 or her firearms in the location or with the person 
 
 
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1 reported in the Firearm Disposition Record. The form shall 
2 require the person to disclose:
3   (A) the make, model, and serial number of each 
4 firearm owned by or under the custody and control of 
5 the revoked or suspended person;
6   (B) the location where each firearm will be 
7 maintained during the prohibited term; and
8   (C) if any firearm will be transferred to the 
9 custody of another person, the name, address and 
10 Firearm Owner's Identification Card number of the 
11 transferee; and 
12   (D) to whom his or her Firearm Owner's

13 Identification Card was surrendered.
Once completed, 
14 the person shall retain a copy and
provide a copy of 
15 the Firearm Disposition Record to the
Illinois State 
16 Police. .
17 (a-5) The Firearm Disposition Record shall contain a 
18statement to be signed by the transferee that the transferee: 
19  (1) is aware of, and will abide by, current law 
20 regarding the unlawful transfer of a firearm; 
21  (2) is aware of the penalties for violating the law as 
22 it pertains to unlawful transfer of a firearm; and 
23  (3) intends to retain possession of the firearm or 
24 firearms until it is determined that the transferor is 
25 legally eligible to possess a firearm and has an active 
26 Firearm Owner's Identification Card, if applicable, or 
 
 
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1 until a new person is chosen to hold the firearm or 
2 firearms. 
3 (b) Surrendered Firearm Owner's Identification Cards shall

4be destroyed by the law enforcement agency receiving the

5cards. The local law enforcement agency shall provide a copy 
6of the Firearm Disposition Record to the person whose Firearm 
7Owner's Identification Card has been revoked and to the 
8Department of State Police.
9 (b-5) If a court orders the surrender of a Firearms

10Owner's Identification Card and accepts receipt of the Card,

11the court shall destroy the Card and direct the person whose

12Firearm Owner's Identification Card has been surrendered to

13comply with paragraph (2) of subsection (a).
14 (b-10) If the person whose Firearm Owner's Identification

15Card has been revoked has either lost or destroyed the Card,

16the person must still comply with paragraph (2) of subsection

17(a). 
18 (b-15) A notation shall be made in the portal created

19under Section 2605-304 of the Department of State Police Law

20of the Civil Administrative Code of Illinois that the revoked 
21Firearm Owner's Identification Card has been destroyed. 
22 (c) The Illinois State Police shall conduct enforcement 
23operations against persons whose Firearm Owner's 
24Identification Cards have been revoked or suspended and 
25persons who fail to comply with the requirements of this 
26Section, prioritizing individuals presenting a clear and 
 
 
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1present danger to themselves or to others under paragraph (2) 
2of subsection (d) of Section 8.1. If the person whose Firearm 
3Owner's Identification Card has been revoked or suspended 
4fails to comply with the requirements of this Section, the 
5sheriff or law enforcement agency where the person resides may 
6petition the circuit court to issue a warrant to search for and 
7seize the Firearm Owner's Identification Card and firearms in 
8the possession or under the custody or control of the person 
9whose Firearm Owner's Identification Card has been revoked or 
10suspended.
11 (d) A violation of subsection (a) of this Section is a 
12Class A misdemeanor.
13 (e) The observation of a Firearm Owner's Identification 
14Card in the possession of a person whose Firearm Owner's 
15Identification Card has been revoked or suspended constitutes 
16a sufficient basis for the arrest of that person for violation 
17of this Section.
18 (f) Within 30 days after the effective date of this 
19amendatory Act of the 98th General Assembly, the Department of 
20State Police shall provide written notice of the requirements 
21of this Section to persons whose Firearm Owner's 
22Identification Cards have been revoked, suspended, or expired 
23and who have failed to surrender their cards to the 
24Department.
25 (g) A person whose Firearm Owner's Identification Card has 
26been revoked or suspended and who received notice under 
 
 
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1subsection (f) shall comply with the requirements of this 
2Section within 48 hours of receiving notice. 

3 (h) Nothing in this Section prevents a court from from 
4ordering an individual to surrender his or her Firearm Owner's 
5Identification Card and any firearms to a law enforcement 
6agency of the court's choosing, in a timeframe shorter than 48 
7hours after receipt of the notice of revocation or suspension. 
8(Source: P.A. 98-63, eff. 7-9-13.)



9 (430 ILCS 65/10) (from Ch. 38, par. 83-10)



10 Sec. 10. Appeals Appeal to director; hearing; relief from 
11firearm prohibitions.  
12 (a) Whenever an application for a Firearm Owner's 
13Identification
Card is denied, whenever the Illinois State 
14Police Department fails to act on an application
within 30 
15days of its receipt, or whenever such a Card is revoked or 
16seized
as provided for in Section 8 of this Act, the aggrieved 
17party may
appeal
to the Firearm Owner's Identification Card 
18Review Board Director of State Police for a hearing upon
such 
19denial, revocation or seizure, unless the denial, revocation, 
20or seizure
was based upon a forcible felony, stalking, 
21aggravated stalking, domestic
battery, any violation of the 
22Illinois Controlled Substances Act, the Methamphetamine 
23Control and Community Protection Act, or the
Cannabis Control 
24Act that is classified as a Class 2 or greater felony,
any

25felony violation of Article 24 of the Criminal Code of 1961 or 
 
 
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1the Criminal Code of 2012, or any
adjudication as a delinquent 
2minor for the commission of an
offense that if committed by an 
3adult would be a felony, in which case the
aggrieved party may 
4petition the circuit court in writing in the county of
his or 
5her residence for a hearing upon such denial, revocation, or 
6seizure.

7 (a-5) There is created within the Illinois State Police a 
8Firearm Owner's Identification Card Review Board to consider 
9any appeal under subsection (a), other than an appeal directed 
10to the circuit court.
11  (1) The Board shall consist of 7 members appointed by 
12 the Governor, with the advice and consent of the Senate, 
13 with 3 members residing within the First Judicial District 
14 and one member residing within each of the 4 remaining 
15 Judicial Districts. No more than 4 members shall be 
16 members of the same political party. The Governor shall 
17 designate one member as the chairperson. The Board shall 
18 consist of: 
19   (A) one member with at least 5 years of service as 
20 a federal or State judge;
21   (B) two members with at least 5 years of 
22 experience serving as an attorney with the United 
23 States Department of Justice, or as a State's Attorney 
24 or Assistant State's Attorney;
25   (C) three members with at least 5 years of 
26 experience as a federal, State, or local law 
 
 
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1 enforcement agent or as an employee with investigative 
2 experience or duties related to criminal justice under 
3 the United States Department of Justice, Drug 
4 Enforcement Administration, Department of Homeland 
5 Security, Federal Bureau of Investigation, or a State 
6 or local law enforcement agency; and
7   (D) one member with at least 5 years of experience 
8 as a licensed physician or clinical psychologist with 
9 expertise in the diagnosis and treatment of mental 
10 illness.
11  (2) The terms of the members initially appointed after

12 the effective date of this amendatory Act of the 102nd 
13 General Assembly shall be as follows: one of
the initial 
14 members shall be appointed for a term of one year, 3 shall 
15 be
appointed for terms of 2 years, and 3 shall be appointed 
16 for terms of 4 years. Thereafter, members shall hold 
17 office for 4 years, with terms expiring on the second 
18 Monday in January immediately following the expiration of 
19 their terms and every 4 years thereafter. Members may be 
20 reappointed. Vacancies in the office of member shall be 
21 filled in the same manner as the original appointment, for 
22 the remainder of the unexpired term. The Governor may 
23 remove a member for incompetence, neglect of duty, 
24 malfeasance, or inability to serve. Members shall receive 
25 compensation in an amount equal to the compensation of 
26 members of the Executive Ethics Commission and may be 
 
 
10200HB1091ham001- 76 -LRB102 03105 RLC 25522 a


1 reimbursed, from funds appropriated for such a purpose, 
2 for reasonable expenses actually incurred in the 
3 performance of their Board duties. The Illinois State 
4 Police shall designate an employee to serve as Executive 
5 Director of the Board and provide logistical and 
6 administrative assistance to the Board. 
7  (3) The Board shall meet at least quarterly each year 
8 and at the call of the chairperson as often as necessary to 
9 consider appeals of decisions made with respect to 
10 applications for a Firearm Owner's Identification Card 
11 under this Act. If necessary to ensure the participation 
12 of a member, the Board shall allow a member to participate 
13 in a Board meeting by electronic communication. Any member 
14 participating electronically shall be deemed present for 
15 purposes of establishing a quorum and voting.
16  (4) The Board shall adopt rules for the review of 
17 appeals and the conduct of hearings. The Board shall 
18 maintain a record of its decisions and all materials 
19 considered in making its decisions. All Board decisions 
20 and voting records shall be kept confidential and all 
21 materials considered by the Board shall be exempt from 
22 inspection except upon order of a court.
23  (5) In considering an appeal, the Board shall review 
24 the materials received concerning the denial, suspension, 
25 or revocation by the Illinois State Police. By a vote of at 
26 least 4 members, the Board may request additional 
 
 
10200HB1091ham001- 77 -LRB102 03105 RLC 25522 a


1 information from the Illinois State Police or the 
2 applicant or the testimony of the Illinois State Police or 
3 the applicant. The Board may require that the applicant 
4 submit electronic fingerprints to the Illinois State 
5 Police for an updated background check if the Board 
6 determines it lacks sufficient information to determine 
7 eligibility. The Board may consider information submitted 
8 by the Illinois State Police, a law enforcement agency, or 
9 the applicant. The Board shall review each denial, 
10 suspension, or revocation and determine by a majority of 
11 members whether an applicant is eligible for a Firearm 
12 Owner's Identification Card.
13  (6) The Board shall issue a decision within 45 
14 business days of receiving all completed appeal documents 
15 from the Illinois State Police and the applicant. However, 
16 the Board need not issue a decision within 45 business 
17 days if:
18   (A) the Board requests information from the 
19 applicant, including, but not limited to, electronic 
20 fingerprints to be submitted to the Illinois State 
21 Police, in accordance with paragraph (5) of this 
22 subsection, in which case the Board shall make a 
23 decision within 30 days of receipt of the required 
24 information from the applicant;
25   (B) the applicant agrees, in writing, to allow the 
26 Board additional time to consider an appeal; or
 
 
10200HB1091ham001- 78 -LRB102 03105 RLC 25522 a


1   (C) the Board notifies the applicant and the 
2 Illinois State Police that the Board needs an 
3 additional 30 days to issue a decision.
4  (7) If the Board determines by a preponderance of the 
5 evidence that the applicant fails to meet the eligibility 
6 requirements or is a prohibited person under State or 
7 federal law, poses a danger to himself or herself or 
8 others, or is a threat to public safety, then the Board 
9 shall affirm the denial, suspension, or revocation and 
10 shall notify the applicant and the Illinois State Police 
11 that the applicant is ineligible for a Firearm Owner's 
12 Identification Card. If the Board does not determine by a 
13 preponderance of the evidence that the applicant fails to 
14 meet the eligibility requirements or is a prohibited 
15 person under State or federal law, poses a danger to 
16 himself or herself or others, or is a threat to public 
17 safety, then the Board shall notify the applicant and the 
18 Illinois State Police that the applicant is eligible for a 
19 Firearm Owner's Identification Card.
20  (8) Meetings of the Board shall not be subject to the 
21 Open Meetings Act and records of the Board shall not be 
22 subject to the Freedom of Information Act.
23  (9) The Board shall report monthly to the Governor and 
24 the General Assembly on the number of appeals received and 
25 provide details of the circumstances in which the Board 
26 has determined to deny Firearm Owner's Identification 
 
 
10200HB1091ham001- 79 -LRB102 03105 RLC 25522 a


1 Cards under this subsection (a-5). The report shall not 
2 contain any identifying information about the applicants. 
3 (b) At least 30 days before any hearing in the circuit 
4court, the
petitioner shall serve the
relevant State's 
5Attorney with a copy of the petition. The State's Attorney
may 
6object to the petition and present evidence. At the hearing, 
7the court
shall
determine whether substantial justice has been 
8done. Should the court
determine that substantial justice has 
9not been done, the court shall issue an
order directing the 
10Illinois Department of State Police to issue a Card. However, 
11the court shall not issue the order if the petitioner is 
12otherwise prohibited from obtaining, possessing, or using a 
13firearm under
federal law. 

14 (c) Any person prohibited from possessing a firearm under 
15Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or 
16acquiring a Firearm Owner's
Identification Card under Section 
178 of this Act may apply to
the Firearm Owner's Identification 
18Card Review Board Director
of State Police
or petition the 
19circuit court in the county where the petitioner resides,

20whichever is applicable in accordance with subsection (a) of 
21this Section,
requesting relief
from such prohibition and the 
22Board Director or court may grant such relief if it
is

23established by the applicant to the court's or the Board's 
24Director's satisfaction
that:

25  (0.05) when in the circuit court, the State's Attorney 
26 has been served
with a written
copy of the
petition at 
 
 
10200HB1091ham001- 80 -LRB102 03105 RLC 25522 a


1 least 30 days before any such hearing in the circuit court 
2 and at
the hearing the
State's Attorney was afforded an 
3 opportunity to present evidence and object to
the 
4 petition;

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

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

15  (3) granting relief would not be contrary to the 
16 public interest; and
17  (4) granting relief would not be contrary to federal 
18 law.

19 (c-5) (1) An active law enforcement officer employed by a 
20unit of government, who is denied, revoked, or has his or her 
21Firearm Owner's Identification Card seized under subsection 
22(e) of Section 8 of this Act may apply to the Firearm Owner's 
23Identification Card Review Board Director of State Police 
24requesting relief if the officer did not act in a manner 
25threatening to the officer, another person, or the public as 
26determined by the treating clinical psychologist or physician, 
 
 
10200HB1091ham001- 81 -LRB102 03105 RLC 25522 a


1and as a result of his or her work is referred by the employer 
2for or voluntarily seeks mental health evaluation or treatment 
3by a licensed clinical psychologist, psychiatrist, or 
4qualified examiner, and:
5  (A) the officer has not received treatment 
6 involuntarily at a mental health facility, regardless of 
7 the length of admission; or has not been voluntarily 
8 admitted to a mental health facility for more than 30 days 
9 and not for more than one incident within the past 5 years; 
10 and
11  (B) the officer has not left the mental institution 
12 against medical advice.
13 (2) The Firearm Owner's Identification Card Review Board 
14Director of State Police shall grant expedited relief to 
15active law enforcement officers described in paragraph (1) of 
16this subsection (c-5) upon a determination by the Board 
17Director that the officer's possession of a firearm does not 
18present a threat to themselves, others, or public safety. The 
19Board Director shall act on the request for relief within 30 
20business days of receipt of:
21  (A) a notarized statement from the officer in the form 
22 prescribed by the Board Director detailing the 
23 circumstances that led to the hospitalization;
24  (B) all documentation regarding the admission, 
25 evaluation, treatment and discharge from the treating 
26 licensed clinical psychologist or psychiatrist of the 
 
 
10200HB1091ham001- 82 -LRB102 03105 RLC 25522 a


1 officer;
2  (C) a psychological fitness for duty evaluation of the 
3 person completed after the time of discharge; and
4  (D) written confirmation in the form prescribed by the 
5 Board Director from the treating licensed clinical 
6 psychologist or psychiatrist that the provisions set forth 
7 in paragraph (1) of this subsection (c-5) have been met, 
8 the person successfully completed treatment, and their 
9 professional opinion regarding the person's ability to 
10 possess firearms.
11 (3) Officers eligible for the expedited relief in 
12paragraph (2) of this subsection (c-5) have the burden of 
13proof on eligibility and must provide all information 
14required. The Board Director may not consider granting 
15expedited relief until the proof and information is received.
16 (4) "Clinical psychologist", "psychiatrist", and 
17"qualified examiner" shall have the same meaning as provided 
18in Chapter I of the Mental Health and Developmental 
19Disabilities Code. 
20 (c-10) (1) An applicant, who is denied, revoked, or has 
21his or her Firearm Owner's Identification Card seized under 
22subsection (e) of Section 8 of this Act based upon a 
23determination of a developmental disability or an intellectual 
24disability may apply to the Firearm Owner's Identification 
25Card Review Board Director of State Police requesting relief.
26 (2) The Board Director shall act on the request for relief 
 
 
10200HB1091ham001- 83 -LRB102 03105 RLC 25522 a


1within 60 business days of receipt of written certification, 
2in the form prescribed by the Board Director, from a physician 
3or clinical psychologist, or qualified examiner, that the 
4aggrieved party's developmental disability or intellectual 
5disability condition is determined by a physician, clinical 
6psychologist, or qualified to be mild. If a fact-finding 
7conference is scheduled to obtain additional information 
8concerning the circumstances of the denial or revocation, the 
960 business days the Director has to act shall be tolled until 
10the completion of the fact-finding conference.
11 (3) The Board Director may grant relief if the aggrieved 
12party's developmental disability or intellectual disability is 
13mild as determined by a physician, clinical psychologist, or 
14qualified examiner and it is established by the applicant to 
15the Board's Director's satisfaction that:
16  (A) granting relief would not be contrary to the 
17 public interest; and
18  (B) granting relief would not be contrary to federal 
19 law.
20 (4) The Board Director may not grant relief if the 
21condition is determined by a physician, clinical psychologist, 
22or qualified examiner to be moderate, severe, or profound.
23 (5) The changes made to this Section by Public Act 99-29 
24this amendatory Act of the 99th General Assembly apply to 
25requests for
relief pending on or before July 10, 2015 (the 
26effective date of Public Act 99-29) this amendatory Act, 
 
 
10200HB1091ham001- 84 -LRB102 03105 RLC 25522 a


1except that the 60-day period for the Director to act on 
2requests pending before the effective date shall begin
on July 
310, 2015 (the effective date of Public Act 99-29) this 
4amendatory Act. 
5 (d) When a minor is adjudicated delinquent for an offense 
6which if
committed by an adult would be a felony, the court 
7shall notify the Illinois Department
of State Police.

8 (e) The court shall review the denial of an application or 
9the revocation of
a Firearm Owner's Identification Card of a 
10person who has been adjudicated
delinquent for an offense that 
11if
committed by an adult would be a felony if an
application 
12for relief has been filed at least 10 years after the 
13adjudication
of delinquency and the court determines that the 
14applicant should be
granted relief from disability to obtain a 
15Firearm Owner's Identification Card.
If the court grants 
16relief, the court shall notify the Illinois Department of 
17State
Police that the disability has
been removed and that the 
18applicant is eligible to obtain a Firearm Owner's

19Identification Card.

20 (f) Any person who is subject to the disabilities of 18 
21U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act 
22of 1968 because of an adjudication or commitment that occurred 
23under the laws of this State or who was determined to be 
24subject to the provisions of subsections (e), (f), or (g) of 
25Section 8 of this Act may apply to the Illinois Department of 
26State Police requesting relief from that prohibition. The 
 
 
10200HB1091ham001- 85 -LRB102 03105 RLC 25522 a


1Board Director shall grant the relief if it is established by a 
2preponderance of the evidence that the person will not be 
3likely to act in a manner dangerous to public safety and that 
4granting relief would not be contrary to the public interest. 
5In making this determination, the Board Director shall receive 
6evidence concerning (i) the circumstances regarding the 
7firearms disabilities from which relief is sought; (ii) the 
8petitioner's mental health and criminal history records, if 
9any; (iii) the petitioner's reputation, developed at a minimum 
10through character witness statements, testimony, or other 
11character evidence; and (iv) changes in the petitioner's 
12condition or circumstances since the disqualifying events 
13relevant to the relief sought. If relief is granted under this 
14subsection or by order of a court under this Section, the 
15Director shall as soon as practicable but in no case later than 
1615 business days, update, correct, modify, or remove the 
17person's record in any database that the Illinois Department 
18of State Police makes available to the National Instant 
19Criminal Background Check System and notify the United States 
20Attorney General that the basis for the record being made 
21available no longer applies. The Illinois Department of State 
22Police shall adopt rules for the administration of this 
23Section.
24(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78, 
25eff. 7-20-15.)





 
 
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1 (430 ILCS 65/11) (from Ch. 38, par. 83-11)



2 Sec. 11. Judicial review of final administrative 
3decisions.  
4 (a) All final administrative decisions of the Firearm 
5Owner's Identification Card Review Board Department under this

6Act, except final administrative decisions of the Firearm 
7Owner's Identification Card Review Board Director of State 
8Police to deny a person's application for relief under 
9subsection (f) of Section 10 of this Act, shall be subject to 
10judicial review under the provisions of the Administrative

11Review Law, and all amendments and
modifications thereof, and 
12the rules adopted pursuant thereto. The term
"administrative 
13decision" is defined as in Section 3-101 of the Code of
Civil 
14Procedure.

15 (b) Any final administrative decision by the Firearm 
16Owner's Identification Card Review Board Director of State 
17Police to deny a person's application for relief under 
18subsection (f) of Section 10 of this Act is subject to de novo 
19judicial review by the circuit court, and any party may offer 
20evidence that is otherwise proper and admissible without 
21regard to whether that evidence is part of the administrative 
22record. 
23 (c) The Firearm Owner's Identification Card Review Board 
24Director of State Police shall submit a report to the General

25Assembly on March 1 of each year, beginning March 1, 1991, 
26listing all
final decisions by a court of this State 
 
 
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1upholding, reversing, or
reversing in part any administrative 
2decision made by the Department of State Police.

3(Source: P.A. 97-1131, eff. 1-1-13.)




4 (430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)



5 Sec. 13.2. Renewal; name, photograph, or address change; 
6replacement card. The Department of State Police shall, 60 
7days
prior to the expiration of a Firearm Owner's 
8Identification Card,
forward by first class mail to each 
9person whose card is to expire a
notification of the

10expiration of the card and instructions for renewal.
It is the 
11obligation of the holder of a Firearm Owner's Identification 
12Card
to notify the Department of State Police of any address 
13change since the
issuance of
the Firearm Owner's 
14Identification Card. The Illinois State Police may update the 
15applicant and card holders address based upon records in the 
16Secretary of State Driver's License or Illinois Identification 
17Card records of applicants who do not have driver's licenses. 
18Whenever any person moves from the residence address named on 
19his or her card, the person shall within 21 calendar days 
20thereafter notify in a form and manner prescribed by the 
21Department of his or her old and new residence addresses and 
22the card number held by him or her. Any person whose legal name 
23has changed from the name on the card that he or she has been 
24previously issued must apply for a corrected card within 30 
25calendar days after the change. The cost for an updated or a 
 
 
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1corrected card shall be $5. The cost for replacement of a card 
2which has been lost, destroyed, or stolen shall be $5 if the 
3loss, destruction, or theft of the card is reported to the 
4Department of State Police. The fees collected under this 
5Section shall be deposited into the State Police Firearm 
6Services Fund. 

7(Source: P.A. 100-906, eff. 1-1-19.)


8 (430 ILCS 65/13.4 new)
9 Sec. 13.4. Illinois State Police; rule making authority. 

10The Illinois State Police shall by rule adopt the following

11procedures:
12 (1) When a person who possesses a valid Firearm Owner's

13Identification Card applies for and is approved for a

14concealed carry license, the valid Firearm Owner's

15Identification Card is renewed for 5 years from the time of

16approval instead of 5 years from the date of the original
card.
17 (2) If a person is eligible for both a Firearm Owner's

18Identification Card and a concealed carry license, the

19Illinois State Police shall by rule create one card that may be

20used as both a Firearm Owner's Identification Card and a

21concealed carry license. A combined Firearm Owner's

22Identification Card and concealed carry license shall be

23considered a valid card for the purposes of this Act. The

24Illinois State Police shall adopt rules to implement this

25Section.
 
 
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1 (3) The Illinois State Police may waive the Firearm

2Owner's Identification Card application fee for the purposes

3of paragraphs (1) and (2).

4 Section 25. The Firearm Concealed Carry Act is amended by 
5changing Sections 20, 30, 50, and 70 and by adding Sections 
610.5, 10.6, and 13 as follows:

7 (430 ILCS 66/10.5 new)
8 Sec. 10.5. Electronic concealed carry licenses. The 
9Illinois State Police may develop a system under which the 
10holder of a concealed carry license may display an electronic 
11version of his or her license on a mobile telephone or other 
12portable electronic device. An electronic version of a 
13concealed carry license shall contain security features the 
14Illinois State Police determines to be necessary to ensure 
15that the electronic version is accurate and current and shall 
16satisfy other requirements the Illinois State Police 
17determines to be necessary regarding form and content. The 
18display or possession of an electronic version of a valid 
19concealed carry license in accordance with the requirements of 
20the Illinois State Police satisfies all requirements for the 
21display or possession of a valid concealed carry license under 
22the laws of this State. The possession or display of an 
23electronic concealed carry license on a mobile telephone or 
24other portable electronic device does not constitute consent 
 
 
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1for a law enforcement officer, court, or other officer of the 
2court to access other contents of the mobile telephone or 
3other portable electronic device. The Illinois State Police 
4may adopt rules to implement this Section.

5 (430 ILCS 66/10.6 new)
6 Sec. 10.6. Email notifications. A person subject to this 
7Act
may notify the Illinois State Police upon application or 
8at any time
thereafter that he or she would like to receive 
9correspondence
from the Illinois State Police via email rather 
10than by mail.

11 (430 ILCS 66/13 new)
12 Sec. 13. Email notifications. A person subject to this Act 
13may notify the Illinois State Police upon application or at 
14any time thereafter that he or she would like to receive 
15correspondence from the Illinois State Police via email rather 
16than by mail.

17 (430 ILCS 66/20)

18 Sec. 20. Concealed Carry Licensing Review Board. 
19 (a) There is hereby created within the Department of State 
20Police a Concealed Carry Licensing Review Board to consider 
21any objection to an applicant's eligibility to obtain a 
22license under this Act submitted by a law enforcement agency 
23or the Department under Section 15 of this Act. The Board shall 
 
 
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1consist of 7 commissioners to be appointed by the Governor, 
2with the advice and consent of the Senate, with 3 
3commissioners residing within the First Judicial District and 
4one commissioner residing within each of the 4 remaining 
5Judicial Districts. No more than 4 commissioners shall be 
6members of the same political party. The Governor shall 
7designate one commissioner as the Chairperson. The Board shall 
8consist of:
9  (1) one commissioner with at least 5 years of service 
10 as a federal judge;
11  (2) 2 commissioners with at least 5 years of 
12 experience serving as an attorney with the United States 
13 Department of Justice;
14  (3) 3 commissioners with at least 5 years of 
15 experience as a federal agent or employee with 
16 investigative experience or duties related to criminal 
17 justice under the United States Department of Justice, 
18 Drug Enforcement Administration, Department of Homeland 
19 Security, or Federal Bureau of Investigation; and
20  (4) one member with at least 5 years of experience as a 
21 licensed physician or clinical psychologist with expertise 
22 in the diagnosis and treatment of mental illness.
23 (b) The initial terms of the commissioners shall end on 
24January 12, 2015. Notwithstanding any provision in this 
25Section to the contrary, the term
of office of each 
26commissioner of the Concealed Carry Licensing Review Board is 
 
 
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1abolished on
the effective date of this amendatory Act of the 
2102nd General Assembly. The terms of the commissioners 
3appointed on or after
the effective date of this amendatory 
4Act of the 102nd General Assembly shall be as follows: one of

5the initial members shall be appointed for a term of one year, 
63 shall be
appointed for terms of 2 years, and 3 shall be 
7appointed for terms of 4 years. Thereafter, the commissioners 
8shall hold office for 4 years, with terms expiring on the 
9second Monday in January of the fourth year. Commissioners may 
10be reappointed. Vacancies in the office of commissioner shall 
11be filled in the same manner as the original appointment, for 
12the remainder of the unexpired term. The Governor may remove a 
13commissioner for incompetence, neglect of duty, malfeasance, 
14or inability to serve. Commissioners shall receive 
15compensation in an amount equal to the compensation of members 
16of the Executive Ethics Commission and may be reimbursed for 
17reasonable expenses actually incurred in the performance of 
18their Board duties, from funds appropriated for that purpose.
19 (c) The Board shall meet at the call of the chairperson as 
20often as necessary to consider objections to applications for 
21a license under this Act. If necessary to ensure the 
22participation of a commissioner, the Board shall allow a 
23commissioner to participate in a Board meeting by electronic 
24communication. Any commissioner participating electronically 
25shall be deemed present for purposes of establishing a quorum 
26and voting.
 
 
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1 (d) The Board shall adopt rules for the review of 
2objections and the conduct of hearings. The Board shall 
3maintain a record of its decisions and all materials 
4considered in making its decisions. All Board decisions and 
5voting records shall be kept confidential and all materials 
6considered by the Board shall be exempt from inspection except 
7upon order of a court.
8 (e) In considering an objection of a law enforcement 
9agency or the Department, the Board shall review the materials 
10received with the objection from the law enforcement agency or 
11the Department. By a vote of at least 4 commissioners, the 
12Board may request additional information from the law 
13enforcement agency, Department, or the applicant, or the 
14testimony of the law enforcement agency, Department, or the 
15applicant. The Board may require that the applicant submit 
16electronic fingerprints to the Department for an updated 
17background check where the Board determines it lacks 
18sufficient information to determine eligibility. The Board may 
19only consider information submitted by the Department, a law 
20enforcement agency, or the applicant. The Board shall review 
21each objection and determine by a majority of commissioners 
22whether an applicant is eligible for a license.
23 (f) The Board shall issue a decision within 30 days of 
24receipt of the objection from the Department. However, the 
25Board need not issue a decision within 30 days if:
26  (1) the Board requests information from the applicant, 
 
 
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1 including but not limited to electronic fingerprints to be 
2 submitted to the Department, in accordance with subsection 
3 (e) of this Section, in which case the Board shall make a 
4 decision within 30 days of receipt of the required 
5 information from the applicant;
6  (2) the applicant agrees, in writing, to allow the 
7 Board additional time to consider an objection; or
8  (3) the Board notifies the applicant and the 
9 Department that the Board needs an additional 30 days to 
10 issue a decision.
11 (g) If the Board determines by a preponderance of the 
12evidence that the applicant poses a danger to himself or 
13herself or others, or is a threat to public safety, then the 
14Board shall affirm the objection of the law enforcement agency 
15or the Department and shall notify the Department that the 
16applicant is ineligible for a license. If the Board does not 
17determine by a preponderance of the evidence that the 
18applicant poses a danger to himself or herself or others, or is 
19a threat to public safety, then the Board shall notify the 
20Department that the applicant is eligible for a license.
21 (h) Meetings of the Board shall not be subject to the Open 
22Meetings Act and records of the Board shall not be subject to 
23the Freedom of Information Act.
24 (i) The Board shall report monthly to the Governor and the 
25General Assembly on the number of objections received and 
26provide details of the circumstances in which the Board has 
 
 
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1determined to deny licensure based on law enforcement or 
2Department objections under Section 15 of this Act. The report 
3shall not contain any identifying information about the 
4applicants.

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

6 (430 ILCS 66/30)

7 Sec. 30. Contents of license application. 
8 (a) The license application shall be in writing, under 
9penalty of perjury, on a standard form adopted by the 
10Department and shall be accompanied by the documentation 
11required in this Section and the applicable fee. Each 
12application form shall include the following statement printed 
13in bold type: "Warning: Entering false information on this 
14form is punishable as perjury under Section 32-2 of the 
15Criminal Code of 2012."
16 (b) The application shall contain the following:
17  (1) the applicant's name, current address, date and 
18 year of birth, place of birth, height, weight, hair color, 
19 eye color, maiden name or any other name the applicant has 
20 used or identified with, and any address where the 
21 applicant resided for more than 30 days within the 10 
22 years preceding the date of the license application;
23  (2) the applicant's valid driver's license number or 
24 valid state identification card number;
25  (3) a waiver of the applicant's privacy and 
 
 
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1 confidentiality rights and privileges under all federal 
2 and state laws, including those limiting access to 
3 juvenile court, criminal justice, psychological, or 
4 psychiatric records or records relating to any 
5 institutionalization of the applicant, and an affirmative 
6 request that a person having custody of any of these 
7 records provide it or information concerning it to the 
8 Department. The waiver only applies to records sought in 
9 connection with determining whether the applicant 
10 qualifies for a license to carry a concealed firearm under 
11 this Act, or whether the applicant remains in compliance 
12 with the Firearm Owners Identification Card Act;
13  (4) an affirmation that the applicant possesses a 
14 currently valid Firearm Owner's Identification Card and 
15 card number if possessed or notice the applicant is 
16 applying for a Firearm Owner's Identification Card in 
17 conjunction with the license application;
18  (5) an affirmation that the applicant has not been 
19 convicted or found guilty of:
20   (A) a felony;
21   (B) a misdemeanor involving the use or threat of 
22 physical force or violence to any person within the 5 
23 years preceding the date of the application; or
24   (C) 2 or more violations related to driving while 
25 under the influence of alcohol, other drug or drugs, 
26 intoxicating compound or compounds, or any combination 
 
 
10200HB1091ham001- 97 -LRB102 03105 RLC 25522 a


1 thereof, within the 5 years preceding the date of the 
2 license application; and
3  (6) whether the applicant has failed a drug test for a 
4 drug for which the applicant did not have a prescription, 
5 within the previous year, and if so, the provider of the 
6 test, the specific substance involved, and the date of the 
7 test;
8  (7) written consent for the Department to review and 
9 use the applicant's Illinois digital driver's license or 
10 Illinois identification card photograph and signature;
11  (8) a full set of fingerprints submitted to the 
12 Department in electronic format in a form and manner 
13 prescribed by the Illinois State Police, unless the 
14 applicant has previously provided a full set of his or her 
15 fingerprints to the Illinois State Police under the 
16 Firearm Owners Identification Card Act; , provided the 
17 Department may accept an application submitted without a 
18 set of fingerprints in which case the Department shall be 
19 granted 30 days in addition to the 90 days provided under 
20 subsection (e) of Section 10 of this Act to issue or deny a 
21 license;
22  (9) a head and shoulder color photograph in a size 
23 specified by the Department taken within the 30 days 
24 preceding the date of the license application; and
25  (10) a photocopy of any certificates or other evidence 
26 of compliance with the training requirements under this 
 
 
10200HB1091ham001- 98 -LRB102 03105 RLC 25522 a


1 Act.

2(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)

3 (430 ILCS 66/50)

4 Sec. 50. License renewal. 
5 (a) This subsection (a) applies through the 180th day 
6following the effective date of this amendatory Act of the 
7101st General Assembly. Applications for renewal of a license 
8shall be made to the Department. A license shall be renewed for 
9a period of 5 years upon receipt of a completed renewal 
10application, completion of 3 hours of training required under 
11Section 75 of this Act, payment of the applicable renewal fee, 
12and completion of an investigation under Section 35 of this 
13Act. The renewal application shall contain the information 
14required in Section 30 of this Act, except that the applicant 
15need not resubmit a full set of fingerprints if the applicant 
16has previously provided a full set of his or her fingerprints 
17to the Illinois State Police under this Act or the Firearm 
18Owners Identification Card Act.
19 (b) This subsection (b) applies on and after the 181st day 
20following the effective date of this amendatory Act of the 
21101st General Assembly. Applications for renewal of a license 
22shall be made to the Department. A license shall be renewed for 
23a period of 5 years from the date of expiration on the 
24applicant's current license upon the receipt of a completed 
25renewal application, completion of 3 hours of training 
 
 
10200HB1091ham001- 99 -LRB102 03105 RLC 25522 a


1required under Section 75 of this Act, payment of the 
2applicable renewal fee, and completion of an investigation 
3under Section 35 of this Act. The renewal application shall 
4contain the information required in Section 30 of this Act, 
5except that the applicant need not resubmit a full set of 
6fingerprints. 

7(Source: P.A. 101-80, eff. 7-12-19.)

8 (430 ILCS 66/70)
9 Sec. 70. Violations. 
10 (a) A license issued or renewed under this Act shall be 
11revoked if, at any time, the licensee is found to be ineligible 
12for a license under this Act or the licensee no longer meets 
13the eligibility requirements of the Firearm Owners 
14Identification Card Act.
15 (b) A license shall be suspended if an order of 
16protection, including an emergency order of protection, 
17plenary order of protection, or interim order of protection 
18under Article 112A of the Code of Criminal Procedure of 1963 or 
19under the Illinois Domestic Violence Act of 1986, or if a 
20firearms restraining order, including an emergency firearms 
21restraining order, under the Firearms Restraining Order Act, 
22is issued against a licensee for the duration of the order, or 
23if the Department is made aware of a similar order issued 
24against the licensee in any other jurisdiction. If an order of 
25protection is issued against a licensee, the licensee shall 
 
 
10200HB1091ham001- 100 -LRB102 03105 RLC 25522 a


1surrender the license, as applicable, to the court at the time 
2the order is entered or to the law enforcement agency or entity 
3serving process at the time the licensee is served the order. 
4The court, law enforcement agency, or entity responsible for 
5serving the order of protection shall notify the Department 
6within 7 days and transmit the license to the Department.
7 (c) A license is invalid upon expiration of the license, 
8unless the licensee has submitted an application to renew the 
9license, and the applicant is otherwise eligible to possess a 
10license under this Act.
11 (d) A licensee shall not carry a concealed firearm while 
12under the influence of alcohol, other drug or drugs, 
13intoxicating compound or combination of compounds, or any 
14combination thereof, under the standards set forth in 
15subsection (a) of Section 11-501 of the Illinois Vehicle Code.
16 A licensee in violation of this subsection (d) shall be 
17guilty of a Class A misdemeanor for a first or second violation 
18and a Class 4 felony for a third violation. The Department may 
19suspend a license for up to 6 months for a second violation and 
20shall permanently revoke a license for a third violation.
21 (e) Except as otherwise provided, a licensee in violation 
22of this Act shall be guilty of a Class B misdemeanor. A second 
23or subsequent violation is a Class A misdemeanor. The 
24Department may suspend a license for up to 6 months for a 
25second violation and shall permanently revoke a license for 3 
26or more violations of Section 65 of this Act. Any person 
 
 
10200HB1091ham001- 101 -LRB102 03105 RLC 25522 a


1convicted of a violation under this Section shall pay a $150 
2fee to be deposited into the Mental Health Reporting Fund, 
3plus any applicable court costs or fees.
4 (f) A licensee convicted or found guilty of a violation of 
5this Act who has a valid license and is otherwise eligible to 
6carry a concealed firearm shall only be subject to the 
7penalties under this Section and shall not be subject to the 
8penalties under Section 21-6, paragraph (4), (8), or (10) of 
9subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) 
10of paragraph (3) of subsection (a) of Section 24-1.6 of the 
11Criminal Code of 2012. Except as otherwise provided in this 
12subsection, nothing in this subsection prohibits the licensee 
13from being subjected to penalties for violations other than 
14those specified in this Act.
15 (g) A licensee whose license is revoked, suspended, or 
16denied shall, within 48 hours of receiving notice of the 
17revocation, suspension, or denial, surrender his or her 
18concealed carry license to the local law enforcement agency 
19where the person resides. The local law enforcement agency 
20shall provide the licensee a receipt and transmit the 
21concealed carry license to the Department of State Police. If 
22the licensee whose concealed carry license has been revoked, 
23suspended, or denied fails to comply with the requirements of 
24this subsection, the law enforcement agency where the person 
25resides may petition the circuit court to issue a warrant to 
26search for and seize the concealed carry license in the 
 
 
10200HB1091ham001- 102 -LRB102 03105 RLC 25522 a


1possession and under the custody or control of the licensee 
2whose concealed carry license has been revoked, suspended, or 
3denied. The observation of a concealed carry license in the 
4possession of a person whose license has been revoked, 
5suspended, or denied constitutes a sufficient basis for the 
6arrest of that person for violation of this subsection. A 
7violation of this subsection is a Class A misdemeanor.
8 (h) Except as otherwise provided in subsection (h-5), a A 
9license issued or renewed under this Act shall be revoked if, 
10at any time, the licensee is found ineligible for a Firearm 
11Owner's Identification Card, or the licensee no longer 
12possesses a valid Firearm Owner's Identification Card. If the 
13Firearm Owner's Identification Card is expired or suspended 
14rather than denied or revoked, the license may be suspended 
15for a period of up to one year to allow the licensee to 
16reinstate his or her Firearm Owner's Identification Card. The 
17Illinois State Police shall adopt rules to enforce this 
18subsection. A licensee whose license is revoked under this 
19subsection (h) shall surrender his or her concealed carry 
20license as provided for in subsection (g) of this Section. 
21 This subsection shall not apply to a person who has filed 
22an application with the State Police for renewal of a Firearm

23Owner's Identification Card and who is not otherwise 
24ineligible to obtain a Firearm Owner's Identification Card.

25 (h-5) If the Firearm Owner's Identification Card of a

26licensee under this Act expires during the term of the license

 
 
10200HB1091ham001- 103 -LRB102 03105 RLC 25522 a


1issued under this Act, the license and the Firearm Owner's

2Identification Card remain valid, and the Illinois State 
3Police
may automatically renew the licensee's Firearm Owner's

4Identification Card as provided in subsection (c) of Section 5

5of the Firearm Owners Identification Card Act.
6 (i) A certified firearms instructor who knowingly provides 
7or offers to provide a false certification that an applicant 
8has completed firearms training as required under this Act is 
9guilty of a Class A misdemeanor. A person guilty of a violation 
10of this subsection (i) is not eligible for court supervision. 
11The Department shall permanently revoke the firearms 
12instructor certification of a person convicted under this 
13subsection (i). 
14(Source: P.A. 100-607, eff. 1-1-19.)


15 Section 26. The Firearms Restraining Order Act is amended 
16by changing Sections 35 and 40 as follows:

17 (430 ILCS 67/35)

18 Sec. 35. Ex parte orders and emergency hearings.

19 (a) A petitioner may request an emergency firearms 
20restraining order by filing an affidavit or verified pleading 
21alleging that the respondent poses an immediate and present 
22danger of causing personal injury to himself, herself, or 
23another by having in his or her custody or control, 
24purchasing, possessing, or receiving a firearm. The petition 
 
 
10200HB1091ham001- 104 -LRB102 03105 RLC 25522 a


1shall also describe the type and location of any firearm or 
2firearms presently believed by the petitioner to be possessed 
3or controlled by the respondent.

4 (b) If the respondent is alleged to pose an immediate and 
5present danger of causing personal injury to an intimate 
6partner, or an intimate partner is alleged to have been the 
7target of a threat or act of violence by the respondent, the 
8petitioner shall make a good faith effort to provide notice to 
9any and all intimate partners of the respondent. The notice 
10must include that the petitioner intends to petition the court 
11for an emergency firearms restraining order, and, if the 
12petitioner is a law enforcement officer, referral to relevant 
13domestic violence or stalking advocacy or counseling 
14resources, if appropriate. The petitioner shall attest to 
15having provided the notice in the filed affidavit or verified 
16pleading. If, after making a good faith effort, the petitioner 
17is unable to provide notice to any or all intimate partners, 
18the affidavit or verified pleading should describe what 
19efforts were made.
20 (c) Every person who files a petition for an emergency 
21firearms restraining order, knowing the information provided 
22to the court at any hearing or in the affidavit or verified 
23pleading to be false, is guilty of perjury under Section 32-2 
24of the Criminal Code of 2012.

25 (d) An emergency firearms restraining order shall be 
26issued on an ex parte basis, that is, without notice to the 
 
 
10200HB1091ham001- 105 -LRB102 03105 RLC 25522 a


1respondent.

2 (e) An emergency hearing held on an ex parte basis shall be 
3held the same day that the petition is filed or the next day 
4that the court is in session.

5 (f) If a circuit or associate judge finds probable cause 
6to believe that the respondent poses an immediate and present 
7danger of causing personal injury to himself, herself, or 
8another by having in his or her custody or control, 
9purchasing, possessing, or receiving a firearm, the circuit or 
10associate judge shall issue an emergency order.

11 (f-5) If the court issues an emergency firearms 
12restraining order, it shall, upon a finding of probable cause 
13that the respondent possesses firearms, issue a search warrant 
14directing a law enforcement agency to seize the respondent's 
15firearms. The court may, as part of that warrant, direct the 
16law enforcement agency to search the respondent's residence 
17and other places where the court finds there is probable cause 
18to believe he or she is likely to possess the firearms.
19 (g) An emergency firearms restraining order shall require:

20  (1) the respondent to refrain from having in his or 
21 her custody or control, purchasing, possessing, or 
22 receiving additional firearms for the duration of the 
23 order pursuant to Section 8.2 of the Firearm Owners 
24 Identification Card Act;
and
25  (2) the respondent to comply with Section 9.5 of the 
26 Firearm Owners Identification Card Act turn over to the 
 
 
10200HB1091ham001- 106 -LRB102 03105 RLC 25522 a


1 local law enforcement agency any Firearm Owner's 
2 Identification Card and subsection (g) of Section 70 of 
3 the Firearm Concealed Carry Act concealed carry license in 
4 his or her possession. The local law enforcement agency 
5 shall immediately mail the card and concealed carry 
6 license to the Department of State Police Firearm Services 
7 Bureau for safekeeping. The firearm or firearms and 
8 Firearm Owner's Identification Card and concealed carry 
9 license, if unexpired, shall be returned to the respondent 
10 after the firearms restraining order is terminated or 
11 expired.
12 (h) Except as otherwise provided in subsection (h-5) of 
13this Section, upon expiration of the period of safekeeping, if 
14the firearms or Firearm Owner's Identification Card and 
15concealed carry license cannot be returned to the respondent 
16because the respondent cannot be located, fails to respond to 
17requests to retrieve the firearms, or is not lawfully eligible 
18to possess a firearm, upon petition from the local law 
19enforcement agency, the court may order the local law 
20enforcement agency to destroy the firearms, use the firearms 
21for training purposes, or use the firearms for any other 
22application as deemed appropriate by the local law enforcement 
23agency.

24 (h-5) A respondent whose Firearm Owner's Identification 
25Card has been revoked or suspended may petition the court, if 
26the petitioner is present in court or has notice of the 
 
 
10200HB1091ham001- 107 -LRB102 03105 RLC 25522 a


1respondent's petition, to transfer the respondent's firearm to 
2a person who is lawfully able to possess the firearm if the 
3person does not reside at the same address as the respondent. 
4Notice of the petition shall be served upon the person 
5protected by the emergency firearms restraining order. While 
6the order is in effect, the transferee who receives the 
7respondent's firearms must swear or affirm by affidavit that 
8he or she shall not transfer the firearm to the respondent or 
9to anyone residing in the same residence as the respondent.
10 (h-6) If a person other than the respondent claims title 
11to any firearms surrendered under this Section, he or she may 
12petition the court, if the petitioner is present in court or 
13has notice of the petition, to have the firearm returned to him 
14or her. If the court determines that person to be the lawful 
15owner of the firearm, the firearm shall be returned to him or 
16her, provided that:
17  (1) the firearm is removed from the respondent's 
18 custody, control, or possession and the lawful owner 
19 agrees to store the firearm in a manner such that the 
20 respondent does not have access to or control of the 
21 firearm; and
22  (2) the firearm is not otherwise unlawfully possessed 
23 by the owner.
24 The person petitioning for the return of his or her 
25firearm must swear or affirm by affidavit that he or she: (i) 
26is the lawful owner of the firearm; (ii) shall not transfer the 
 
 
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1firearm to the respondent; and (iii) will store the firearm in 
2a manner that the respondent does not have access to or control 
3of the firearm. 
4 (i) In accordance with subsection (e) of this Section, the 
5court shall schedule a full hearing as soon as possible, but no 
6longer than 14 days from the issuance of an ex parte firearms 
7restraining order, to determine if a 6-month firearms 
8restraining order shall be issued. The court may extend an ex 
9parte order as needed, but not to exceed 14 days, to effectuate 
10service of the order or if necessary to continue protection. 
11The court may extend the order for a greater length of time by 
12mutual agreement of the parties.


13(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)

14 (430 ILCS 67/40)

15 Sec. 40. Six-month orders.

16 (a) A petitioner may request a 6-month firearms 
17restraining order by filing an affidavit or verified pleading 
18alleging that the respondent poses a significant danger of 
19causing personal injury to himself, herself, or another in the 
20near future by having in his or her custody or control, 
21purchasing, possessing, or receiving a firearm. The petition 
22shall also describe the number, types, and locations of any 
23firearms presently believed by the petitioner to be possessed 
24or controlled by the respondent.

25 (b) If the respondent is alleged to pose a significant 
 
 
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1danger of causing personal injury to an intimate partner, or 
2an intimate partner is alleged to have been the target of a 
3threat or act of violence by the respondent, the petitioner 
4shall make a good faith effort to provide notice to any and all 
5intimate partners of the respondent. The notice must include 
6that the petitioner intends to petition the court for a 
76-month firearms restraining order, and, if the petitioner is 
8a law enforcement officer, referral to relevant domestic 
9violence or stalking advocacy or counseling resources, if 
10appropriate. The petitioner shall attest to having provided 
11the notice in the filed affidavit or verified pleading. If, 
12after making a good faith effort, the petitioner is unable to 
13provide notice to any or all intimate partners, the affidavit 
14or verified pleading should describe what efforts were made.
15 (c) Every person who files a petition for a 6-month 
16firearms restraining order, knowing the information provided 
17to the court at any hearing or in the affidavit or verified 
18pleading to be false, is guilty of perjury under Section 32-2 
19of the Criminal Code of 2012.

20 (d) Upon receipt of a petition for a 6-month firearms 
21restraining order, the court shall order a hearing within 30 
22days.

23 (e) In determining whether to issue a firearms restraining 
24order under this Section, the court shall consider evidence 
25including, but not limited to, the following:

26  (1) The unlawful and reckless use, display, or 
 
 
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1 brandishing of a firearm by the respondent.

2  (2) The history of use, attempted use, or threatened 
3 use of physical force by the respondent against another 
4 person.

5  (3) Any prior arrest of the respondent for a felony 
6 offense.
7  (4) Evidence of the abuse of controlled substances or 
8 alcohol by the respondent.
9  (5) A recent threat of violence or act of violence by 
10 the respondent directed toward himself, herself, or 
11 another.
12  (6) A violation of an emergency order of protection 
13 issued under Section 217 of the Illinois Domestic Violence 
14 Act of 1986 or Section 112A-17 of the Code of Criminal 
15 Procedure of 1963 or of an order of protection issued 
16 under Section 214 of the Illinois Domestic Violence Act of 
17 1986 or Section 112A-14 of the Code of Criminal Procedure 
18 of 1963.

19  (7) A pattern of violent acts or violent threats, 
20 including, but not limited to, threats of violence or acts 
21 of violence by the respondent directed toward himself, 
22 herself, or another.
23 (f) At the hearing, the petitioner shall have the burden 
24of proving, by clear and convincing evidence, that the 
25respondent poses a significant danger of personal injury to 
26himself, herself, or another by having in his or her custody or 
 
 
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1control, purchasing, possessing, or receiving a firearm.
2 (g) If the court finds that there is clear and convincing 
3evidence to issue a firearms restraining order, the court 
4shall issue a firearms restraining order that shall be in 
5effect for 6 months subject to renewal under Section 45 of this 
6Act or termination under that Section. 
7 (g-5) If the court issues a 6-month firearms restraining 
8order, it shall, upon a finding of probable cause that the 
9respondent possesses firearms, issue a search warrant 
10directing a law enforcement agency to seize the respondent's 
11firearms. The court may, as part of that warrant, direct the 
12law enforcement agency to search the respondent's residence 
13and other places where the court finds there is probable cause 
14to believe he or she is likely to possess the firearms.
15 (h) A 6-month firearms restraining order shall require:
16  (1) the respondent to refrain from having in his or 
17 her custody or control, purchasing, possessing, or 
18 receiving additional firearms for the duration of the 
19 order pursuant to Section 8.2 of the Firearm Owners 
20 Identification Card Act; and
21  (2) the respondent to comply with Section 9.5 of the 
22 Firearm Owners Identification Card Act and subsection (g) 
23 of Section 70 of the Firearm Concealed Carry Act turn over 
24 to the local law enforcement agency any firearm or Firearm 
25 Owner's Identification Card and concealed carry license in 
26 his or her possession. The local law enforcement agency 
 
 
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1 shall immediately mail the card and concealed carry 
2 license to the Department of State Police Firearm Services 
3 Bureau for safekeeping. The firearm or firearms and 
4 Firearm Owner's Identification Card and concealed carry 
5 license, if unexpired, shall be returned to the respondent 
6 after the firearms restraining order is terminated or 
7 expired. 
8 (i) Except as otherwise provided in subsection (i-5) of 
9this Section, upon expiration of the period of safekeeping, if 
10the firearms or Firearm Owner's Identification Card cannot be 
11returned to the respondent because the respondent cannot be 
12located, fails to respond to requests to retrieve the 
13firearms, or is not lawfully eligible to possess a firearm, 
14upon petition from the local law enforcement agency, the court 
15may order the local law enforcement agency to destroy the 
16firearms, use the firearms for training purposes, or use the 
17firearms for any other application as deemed appropriate by 
18the local law enforcement agency.
19 (i-5) A respondent whose Firearm Owner's Identification 
20Card has been revoked or suspended may petition the court, if 
21the petitioner is present in court or has notice of the 
22respondent's petition, to transfer the respondent's firearm to 
23a person who is lawfully able to possess the firearm if the 
24person does not reside at the same address as the respondent. 
25Notice of the petition shall be served upon the person 
26protected by the emergency firearms restraining order. While 
 
 
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1the order is in effect, the transferee who receives the 
2respondent's firearms must swear or affirm by affidavit that 
3he or she shall not transfer the firearm to the respondent or 
4to anyone residing in the same residence as the respondent.
5 (i-6) If a person other than the respondent claims title 
6to any firearms surrendered under this Section, he or she may 
7petition the court, if the petitioner is present in court or 
8has notice of the petition, to have the firearm returned to him 
9or her. If the court determines that person to be the lawful 
10owner of the firearm, the firearm shall be returned to him or 
11her, provided that:
12  (1) the firearm is removed from the respondent's 
13 custody, control, or possession and the lawful owner 
14 agrees to store the firearm in a manner such that the 
15 respondent does not have access to or control of the 
16 firearm; and
17  (2) the firearm is not otherwise unlawfully possessed 
18 by the owner.
19 The person petitioning for the return of his or her 
20firearm must swear or affirm by affidavit that he or she: (i) 
21is the lawful owner of the firearm; (ii) shall not transfer the 
22firearm to the respondent; and (iii) will store the firearm in 
23a manner that the respondent does not have access to or control 
24of the firearm. 
25 (j) If the court does not issue a firearms restraining 
26order at the hearing, the court shall dissolve any emergency 
 
 
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1firearms restraining order then in effect.
2 (k) When the court issues a firearms restraining order 
3under this Section, the court shall inform the respondent that 
4he or she is entitled to one hearing during the period of the 
5order to request a termination of the order, under Section 45 
6of this Act, and shall provide the respondent with a form to 
7request a hearing. 

8(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)

9 Section 30. The Criminal Code of 2012 is amended by 
10changing Section 24-3 as follows:



11 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)


12 Sec. 24-3. Unlawful sale or delivery of firearms. 

13 (A) A person commits the offense of unlawful sale or 
14delivery of firearms when he
or she knowingly does any of the 
15following:

16  (a) Sells or gives any firearm of a size which may be 
17 concealed upon the
person to any person under 18 years of 
18 age.

19  (b) Sells or gives any firearm to a person under 21 
20 years of age who has
been convicted of a misdemeanor other 
21 than a traffic offense or adjudged
delinquent.

22  (c) Sells or gives any firearm to any narcotic addict.

23  (d) Sells or gives any firearm to any person who has 
24 been convicted of a
felony under the laws of this or any 
 
 
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1 other jurisdiction.

2  (e) Sells or gives any firearm to any person who has 
3 been a patient in a
mental institution within the past 5 
4 years. In this subsection (e):
5   "Mental institution" means any hospital, 
6 institution, clinic, evaluation facility, mental 
7 health center, or part thereof, which is used 
8 primarily for the care or treatment of persons with 
9 mental illness. 
10   "Patient in a mental institution" means the person 
11 was admitted, either voluntarily or involuntarily, to 
12 a mental institution for mental health treatment, 
13 unless the treatment was voluntary and solely for an 
14 alcohol abuse disorder and no other secondary 
15 substance abuse disorder or mental illness.

16  (f) Sells or gives any firearms to any person who is a 
17 person with an intellectual disability.

18  (g) Delivers any firearm, incidental to a sale, 
19 without withholding delivery of the firearm
for at least 
20 72 hours after application for its purchase has been made, 
21 or
delivers a stun gun or taser, incidental to a sale,

22 without withholding delivery of the stun gun or taser for

23 at least 24 hours after application for its purchase has 
24 been made.
However,
this paragraph (g) does not apply to: 
25 (1) the sale of a firearm
to a law enforcement officer if 
26 the seller of the firearm knows that the person to whom he 
 
 
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1 or she is selling the firearm is a law enforcement officer 
2 or the sale of a firearm to a person who desires to 
3 purchase a firearm for
use in promoting the public 
4 interest incident to his or her employment as a
bank 
5 guard, armed truck guard, or other similar employment; (2) 
6 a mail
order sale of a firearm from a federally licensed 
7 firearms dealer to a nonresident of Illinois under which 
8 the firearm
is mailed to a federally licensed firearms 
9 dealer outside the boundaries of Illinois; (3) (blank); 
10 (4) the sale of a
firearm to a dealer licensed as a federal 
11 firearms dealer under Section 923
of the federal Gun 
12 Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or 
13 sale of any rifle, shotgun, or other long gun to a resident 
14 registered competitor or attendee or non-resident 
15 registered competitor or attendee by any dealer licensed 
16 as a federal firearms dealer under Section 923 of the 
17 federal Gun Control Act of 1968 at competitive shooting 
18 events held at the World Shooting Complex sanctioned by a 
19 national governing body. For purposes of transfers or 
20 sales under subparagraph (5) of this paragraph (g), the 
21 Department of Natural Resources shall give notice to the 
22 Department of State Police at least 30 calendar days prior 
23 to any competitive shooting events at the World Shooting 
24 Complex sanctioned by a national governing body. The 
25 notification shall be made on a form prescribed by the 
26 Department of State Police. The sanctioning body shall 
 
 
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1 provide a list of all registered competitors and attendees 
2 at least 24 hours before the events to the Department of 
3 State Police. Any changes to the list of registered 
4 competitors and attendees shall be forwarded to the 
5 Department of State Police as soon as practicable. The 
6 Department of State Police must destroy the list of 
7 registered competitors and attendees no later than 30 days 
8 after the date of the event. Nothing in this paragraph (g) 
9 relieves a federally licensed firearm dealer from the 
10 requirements of conducting a NICS background check through 
11 the Illinois Point of Contact under 18 U.S.C. 922(t). For 
12 purposes of this paragraph (g), "application" means when 
13 the buyer and seller reach an agreement to purchase a 
14 firearm.
For purposes of this paragraph (g), "national 
15 governing body" means a group of persons who adopt rules 
16 and formulate policy on behalf of a national firearm 
17 sporting organization. 

18  (h) While holding any license
as a dealer,
importer, 
19 manufacturer or pawnbroker
under the federal Gun Control 
20 Act of 1968,
manufactures, sells or delivers to any 
21 unlicensed person a handgun having
a barrel, slide, frame 
22 or receiver which is a die casting of zinc alloy or
any 
23 other nonhomogeneous metal which will melt or deform at a 
24 temperature
of less than 800 degrees Fahrenheit. For 
25 purposes of this paragraph, (1)
"firearm" is defined as in 
26 the Firearm Owners Identification Card Act; and (2)

 
 
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1 "handgun" is defined as a firearm designed to be held
and 
2 fired by the use of a single hand, and includes a 
3 combination of parts from
which such a firearm can be 
4 assembled.

5  (i) Sells or gives a firearm of any size to any person 
6 under 18 years of
age who does not possess a valid Firearm 
7 Owner's Identification Card.

8  (j) Sells or gives a firearm while engaged in the 
9 business of selling
firearms at wholesale or retail 
10 without being licensed as a federal firearms
dealer under 
11 Section 923 of the federal Gun Control Act of 1968 (18 
12 U.S.C.
923). In this paragraph (j):

13  A person "engaged in the business" means a person who 
14 devotes time,
attention, and
labor to
engaging in the 
15 activity as a regular course of trade or business with the

16 principal objective of livelihood and profit, but does not 
17 include a person who
makes occasional repairs of firearms 
18 or who occasionally fits special barrels,
stocks, or 
19 trigger mechanisms to firearms.

20  "With the principal objective of livelihood and 
21 profit" means that the
intent
underlying the sale or 
22 disposition of firearms is predominantly one of
obtaining 
23 livelihood and pecuniary gain, as opposed to other 
24 intents, such as
improving or liquidating a personal 
25 firearms collection; however, proof of
profit shall not be 
26 required as to a person who engages in the regular and

 
 
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1 repetitive purchase and disposition of firearms for 
2 criminal purposes or
terrorism.

3  (k) Sells or transfers ownership of a firearm to a 
4 person in violation of Section 3 of the Firearm Owners 
5 Identification Card Act who does not display to the seller 
6 or transferor of the firearm either: (1) a currently valid 
7 Firearm Owner's Identification Card that has previously 
8 been issued in the transferee's name by the Department of 
9 State Police under the provisions of the Firearm Owners 
10 Identification Card Act; or (2) a currently valid license 
11 to carry a concealed firearm that has previously been 
12 issued in the transferee's name by the
Department of State 
13 Police under the Firearm Concealed Carry Act. This 
14 paragraph (k) does not apply to the transfer of a firearm 
15 to a person who is exempt from the requirement of 
16 possessing a Firearm Owner's Identification Card under 
17 Section 2 of the Firearm Owners Identification Card Act. 
18 For the purposes of this Section, a currently valid 
19 Firearm Owner's Identification Card means (i) a Firearm 
20 Owner's Identification Card that has not expired or (ii) 
21 an approval number issued in accordance with subsection 
22 (a-10) of subsection 3 or Section 3.1 of the Firearm 
23 Owners Identification Card Act shall be proof that the 
24 Firearm Owner's Identification Card was valid.
25   (1) (Blank). In addition to the other requirements 
26 of this paragraph (k), all persons who are not 
 
 
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1 federally licensed firearms dealers must also have 
2 complied with subsection (a-10) of Section 3 of the 
3 Firearm Owners Identification Card Act by determining 
4 the validity of a purchaser's Firearm Owner's 
5 Identification Card.
6   (2) All sellers or transferors who have complied 
7 with the requirements of subparagraph (1) of this 
8 paragraph (k) shall not be liable for damages in any 
9 civil action arising from the use or misuse by the 
10 transferee of the firearm transferred, except for 
11 willful or wanton misconduct on the part of the seller 
12 or transferor. 
13  (l) Not
being entitled to the possession of a firearm, 
14 delivers the
firearm, knowing it to have been stolen or 
15 converted. It may be inferred that
a person who possesses 
16 a firearm with knowledge that its serial number has
been 
17 removed or altered has knowledge that the firearm is 
18 stolen or converted. 
19 (B) Paragraph (h) of subsection (A) does not include 
20firearms sold within 6
months after enactment of Public
Act 
2178-355 (approved August 21, 1973, effective October 1, 1973), 
22nor is any
firearm legally owned or
possessed by any citizen or 
23purchased by any citizen within 6 months after the
enactment 
24of Public Act 78-355 subject
to confiscation or seizure under 
25the provisions of that Public Act. Nothing in
Public Act 
2678-355 shall be construed to prohibit the gift or trade of
any 
 
 
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1firearm if that firearm was legally held or acquired within 6 
2months after
the enactment of that Public Act.

3 (C) Sentence.

4  (1) Any person convicted of unlawful sale or delivery 
5 of firearms in violation of
paragraph (c), (e), (f), (g), 
6 or (h) of subsection (A) commits a Class
4
felony.

7  (2) Any person convicted of unlawful sale or delivery 
8 of firearms in violation of
paragraph (b) or (i) of 
9 subsection (A) commits a Class 3 felony.

10  (3) Any person convicted of unlawful sale or delivery 
11 of firearms in violation of
paragraph (a) of subsection 
12 (A) commits a Class 2 felony.

13  (4) Any person convicted of unlawful sale or delivery 
14 of firearms in violation of
paragraph (a), (b), or (i) of 
15 subsection (A) in any school, on the real
property 
16 comprising a school, within 1,000 feet of the real 
17 property comprising
a school, at a school related 
18 activity, or on or within 1,000 feet of any
conveyance 
19 owned, leased, or contracted by a school or school 
20 district to
transport students to or from school or a 
21 school related activity,
regardless of the time of day or 
22 time of year at which the offense
was committed, commits a 
23 Class 1 felony. Any person convicted of a second
or 
24 subsequent violation of unlawful sale or delivery of 
25 firearms in violation of paragraph
(a), (b), or (i) of 
26 subsection (A) in any school, on the real property

 
 
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1 comprising a school, within 1,000 feet of the real 
2 property comprising a
school, at a school related 
3 activity, or on or within 1,000 feet of any
conveyance 
4 owned, leased, or contracted by a school or school 
5 district to
transport students to or from school or a 
6 school related activity,
regardless of the time of day or 
7 time of year at which the offense
was committed, commits a 
8 Class 1 felony for which the sentence shall be a
term of 
9 imprisonment of no less than 5 years and no more than 15 
10 years.

11  (5) Any person convicted of unlawful sale or delivery 
12 of firearms in violation of
paragraph (a) or (i) of 
13 subsection (A) in residential property owned,
operated, or 
14 managed by a public housing agency or leased by a public 
15 housing
agency as part of a scattered site or mixed-income 
16 development, in a public
park, in a
courthouse, on 
17 residential property owned, operated, or managed by a 
18 public
housing agency or leased by a public housing agency 
19 as part of a scattered site
or mixed-income development, 
20 on the real property comprising any public park,
on the 
21 real
property comprising any courthouse, or on any public 
22 way within 1,000 feet
of the real property comprising any 
23 public park, courthouse, or residential
property owned, 
24 operated, or managed by a public housing agency or leased 
25 by a
public housing agency as part of a scattered site or 
26 mixed-income development
commits a
Class 2 felony.

 
 
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1  (6) Any person convicted of unlawful sale or delivery 
2 of firearms in violation of
paragraph (j) of subsection 
3 (A) commits a Class A misdemeanor. A second or
subsequent 
4 violation is a Class 4 felony.
5  (7) Any person convicted of unlawful sale or delivery 
6 of firearms in violation of paragraph (k) of subsection 
7 (A) commits a Class 4 felony, except that a violation of 
8 item (G) of subsection (a-5) of Section 3 of the Firearm 
9 Owners Identification Card Act is a Class A misdemeanor 
10 subparagraph (1) of paragraph (k) of subsection (A) shall 
11 not be punishable as a crime or petty offense. A third or 
12 subsequent conviction for a violation of paragraph (k) of 
13 subsection (A) is a Class 1 felony.


14  (8) A person 18 years of age or older convicted of 
15 unlawful sale or delivery of firearms in violation of 
16 paragraph (a) or (i) of subsection (A), when the firearm 
17 that was sold or given to another person under 18 years of 
18 age was used in the commission of or attempt to commit a 
19 forcible felony, shall be fined or imprisoned, or both, 
20 not to exceed the maximum provided for the most serious 
21 forcible felony so committed or attempted by the person 
22 under 18 years of age who was sold or given the firearm. 
23  (9) Any person convicted of unlawful sale or delivery 
24 of firearms in violation of
paragraph (d) of subsection 
25 (A) commits a Class 3 felony.
26  (10) Any person convicted of unlawful sale or delivery 
 
 
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1 of firearms in violation of paragraph (l) of subsection 
2 (A) commits a Class 2 felony if the delivery is of one 
3 firearm. Any person convicted of unlawful sale or delivery 
4 of firearms in violation of paragraph (l) of subsection 
5 (A) commits a Class 1 felony if the delivery is of not less 
6 than 2 and not more than 5 firearms at the
same time or 
7 within a one year period. Any person convicted of unlawful 
8 sale or delivery of firearms in violation of paragraph (l) 
9 of subsection (A) commits a Class X felony for which he or 
10 she shall be sentenced
to a term of imprisonment of not 
11 less than 6 years and not more than 30
years if the 
12 delivery is of not less than 6 and not more than 10 
13 firearms at the
same time or within a 2 year period. Any 
14 person convicted of unlawful sale or delivery of firearms 
15 in violation of paragraph (l) of subsection (A) commits a 
16 Class X felony for which he or she shall be sentenced
to a 
17 term of imprisonment of not less than 6 years and not more 
18 than 40
years if the delivery is of not less than 11 and 
19 not more than 20 firearms at the
same time or within a 3 
20 year period. Any person convicted of unlawful sale or 
21 delivery of firearms in violation of paragraph (l) of 
22 subsection (A) commits a Class X felony for which he or she 
23 shall be sentenced
to a term of imprisonment of not less 
24 than 6 years and not more than 50
years if the delivery is 
25 of not less than 21 and not more than 30 firearms at the

26 same time or within a 4 year period. Any person convicted 
 
 
10200HB1091ham001- 125 -LRB102 03105 RLC 25522 a


1 of unlawful sale or delivery of firearms in violation of 
2 paragraph (l) of subsection (A) commits a Class X felony 
3 for which he or she shall be sentenced
to a term of 
4 imprisonment of not less than 6 years and not more than 60

5 years if the delivery is of 31 or more firearms at the
same 
6 time or within a 5 year period. 
7 (D) For purposes of this Section:

8 "School" means a public or private elementary or secondary 
9school,
community college, college, or university.

10 "School related activity" means any sporting, social, 
11academic, or
other activity for which students' attendance or 
12participation is sponsored,
organized, or funded in whole or 
13in part by a school or school district.

14 (E) A prosecution for a violation of paragraph (k) of 
15subsection (A) of this Section may be commenced within 6 years 
16after the commission of the offense. A prosecution for a 
17violation of this Section other than paragraph (g) of 
18subsection (A) of this Section may be commenced within 5 years 
19after the commission of the offense defined in the particular 
20paragraph.

21(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; 
2299-642, eff. 7-28-16; 100-606, eff. 1-1-19.)


23 Section 35. The Code of Criminal Procedure of 1963 is 
24amended by changing Sections 110-10 and 112A-14 as follows:



 
 
10200HB1091ham001- 126 -LRB102 03105 RLC 25522 a


1 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)



2 Sec. 110-10. Conditions of bail bond. 

3 (a) If a person is released prior to conviction, either 
4upon payment of
bail security or on his or her own 
5recognizance, the conditions of the bail
bond shall be that he 
6or she will:

7  (1) Appear to answer the charge in the court having 
8 jurisdiction on
a day certain and thereafter as ordered by 
9 the court until discharged or
final order of the court;

10  (2) Submit himself or herself to the orders and 
11 process of the court;

12  (3) Not depart this State without leave of the court;

13  (4) Not violate any criminal statute of any 
14 jurisdiction;

15  (5) At a time and place designated by the court, the 
16 defendant shall physically surrender all firearms in his 
17 or her possession to a law enforcement agency designated 
18 by the court to take custody of and impound the firearms 
19 and physically surrender his or her Firearm Owner's 
20 Identification Card to the law enforcement agency as a 
21 condition of remaining on bond pending trial surrender all 
22 firearms
in his or her possession to a law enforcement 
23 officer designated by the court
to take custody of and 
24 impound the firearms
and physically
surrender his or her 
25 Firearm Owner's Identification Card to the clerk of the

26 circuit court
when the offense the person has
been charged 
 
 
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1 with is a forcible felony, stalking, aggravated stalking, 
2 domestic
battery, any violation of the Illinois Controlled 
3 Substances Act, the Methamphetamine Control and Community 
4 Protection Act, or the
Cannabis Control Act that is 
5 classified as a Class 2 or greater felony, or any
felony 
6 violation of Article 24 of the Criminal Code of 1961 or the 
7 Criminal Code of 2012. A defendant whose Firearm Owner's 
8 Identification Card has been revoked or suspended may 
9 petition the court to transfer the defendant's firearm to 
10 a person who is lawfully able to possess the firearm if the 
11 person does not reside at the same address as the 
12 defendant. Any transfer must be conducted under Section 3 
13 of the Firearm Owners Identification Card Act. The 
14 transferee who receives the defendant's firearms must 
15 swear or affirm by affidavit that he or she shall not 
16 transfer the firearm to the defendant or to anyone 
17 residing in the same residence as the defendant, until the 
18 defendant's Firearm Owner's Identification Card has been 
19 reinstated. The law enforcement agency, upon transfer of 
20 the firearms, shall require the defendant to complete a 
21 Firearm Disposition Record under Section 9.5 of the 
22 Firearm Owners Identification Card Act and provide a copy 
23 to the Illinois State Police along with the defendant's 
24 Firearm Owner's Identification Card; the court
may,

25 however, forgo the imposition of this condition when the 
26 defendant has provided proof to the court that he or she 
 
 
10200HB1091ham001- 128 -LRB102 03105 RLC 25522 a


1 has legally disposed or transferred his or her firearms 
2 and returned his or her Firearm Owner's Identification 
3 Card to the Illinois State Police. If the court finds the 
4 circumstances of the case clearly do not warrant it or 
5 when its imposition would be impractical, the court shall 
6 indicate on the record and in writing and the court's 
7 basis for making the determination when the
circumstances 
8 of the
case clearly do not warrant it or when its 
9 imposition would be
impractical; all legally possessed 
10 firearms shall be returned to the person upon proof being 
11 provided to the law enforcement agency of the 
12 reinstatement of the person's Firearm Owner's 
13 Identification Card;
if the Firearm Owner's Identification 
14 Card is confiscated, the clerk of the circuit court shall 
15 mail the confiscated card to the Illinois State Police; 
16 all legally possessed firearms shall be returned to the 
17 person upon
the charges being dismissed, or if the person 
18 is found not guilty, unless the
finding of not guilty is by 
19 reason of insanity; and

20  (6) At a time and place designated by the court, 
21 submit to a
psychological
evaluation when the person has 
22 been charged with a violation of item (4) of
subsection

23 (a) of Section 24-1 of the Criminal Code of 1961 or the 
24 Criminal Code of 2012 and that violation occurred in
a 
25 school
or in any conveyance owned, leased, or contracted 
26 by a school to transport
students to or
from school or a 
 
 
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1 school-related activity, or on any public way within 1,000

2 feet of real
property comprising any school.

3 Psychological evaluations ordered pursuant to this Section 
4shall be completed
promptly
and made available to the State, 
5the defendant, and the court. As a further
condition of bail 
6under
these circumstances, the court shall order the defendant 
7to refrain from
entering upon the
property of the school, 
8including any conveyance owned, leased, or contracted
by a 
9school to
transport students to or from school or a 
10school-related activity, or on any public way within
1,000 
11feet of real property comprising any school. Upon receipt of 
12the psychological evaluation,
either the State or the 
13defendant may request a change in the conditions of bail, 
14pursuant to
Section 110-6 of this Code. The court may change 
15the conditions of bail to include a
requirement that the 
16defendant follow the recommendations of the psychological 
17evaluation,
including undergoing psychiatric treatment. The 
18conclusions of the
psychological evaluation and
any statements 
19elicited from the defendant during its administration are not

20admissible as evidence
of guilt during the course of any trial 
21on the charged offense, unless the
defendant places his or her

22mental competency in issue.

23 (b) The court may impose other conditions, such as the 
24following, if the
court finds that such conditions are 
25reasonably necessary to assure the
defendant's appearance in 
26court, protect the public from the defendant, or
prevent the 
 
 
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1defendant's unlawful interference with the orderly 
2administration
of justice:

3  (1) Report to or appear in person before such person 
4 or agency as the
court may direct;

5  (2) Refrain from possessing a firearm or other 
6 dangerous weapon;

7  (3) Refrain from approaching or communicating with 
8 particular persons or
classes of persons;

9  (4) Refrain from going to certain described 
10 geographical areas or
premises;

11  (5) Refrain from engaging in certain activities or 
12 indulging in
intoxicating liquors or in certain drugs;

13  (6) Undergo treatment for drug addiction or 
14 alcoholism;

15  (7) Undergo medical or psychiatric treatment;

16  (8) Work or pursue a course of study or vocational 
17 training;

18  (9) Attend or reside in a facility designated by the 
19 court;

20  (10) Support his or her dependents;

21  (11) If a minor resides with his or her parents or in a 
22 foster home,
attend school, attend a non-residential 
23 program for youths, and contribute
to his or her own 
24 support at home or in a foster home;

25  (12) Observe any curfew ordered by the court;

26  (13) Remain in the custody of such designated person 
 
 
10200HB1091ham001- 131 -LRB102 03105 RLC 25522 a


1 or organization
agreeing to supervise his release. Such 
2 third party custodian shall be
responsible for notifying 
3 the court if the defendant fails to observe the
conditions 
4 of release which the custodian has agreed to monitor, and 
5 shall
be subject to contempt of court for failure so to 
6 notify the court;

7  (14) Be placed under direct supervision of the 
8 Pretrial Services
Agency, Probation Department or Court 
9 Services Department in a pretrial
bond home supervision 
10 capacity with or without the use of an approved
electronic 
11 monitoring device subject to Article 8A of Chapter V of 
12 the
Unified Code of Corrections;

13  (14.1) The court shall impose upon a defendant who is 
14 charged with any
alcohol, cannabis, methamphetamine, or 
15 controlled substance violation and is placed under
direct 
16 supervision of the Pretrial Services Agency, Probation 
17 Department or
Court Services Department in a pretrial bond 
18 home supervision capacity with
the use of an approved 
19 monitoring device, as a condition of such bail bond,
a fee 
20 that represents costs incidental to the electronic 
21 monitoring for each
day of such bail supervision ordered 
22 by the
court, unless after determining the inability of 
23 the defendant to pay the
fee, the court assesses a lesser 
24 fee or no fee as the case may be. The fee
shall be 
25 collected by the clerk of the circuit court, except as 
26 provided in an administrative order of the Chief Judge of 
 
 
10200HB1091ham001- 132 -LRB102 03105 RLC 25522 a


1 the circuit court. The clerk of the
circuit court shall 
2 pay all monies collected from this fee to the county

3 treasurer for deposit in the substance abuse services fund 
4 under Section
5-1086.1 of the Counties Code, except as 
5 provided in an administrative order of the Chief Judge of 
6 the circuit court.
7  The Chief Judge of the circuit court of the county may 
8 by administrative order establish a program for electronic 
9 monitoring of offenders with regard to drug-related and 
10 alcohol-related offenses, in which a vendor supplies and 
11 monitors the operation of the electronic monitoring 
12 device, and collects the fees on behalf of the county. The 
13 program shall include provisions for indigent offenders 
14 and the collection of unpaid fees. The program shall not 
15 unduly burden the offender and shall be subject to review 
16 by the Chief Judge.
17  The Chief Judge of the circuit court may suspend any 
18 additional charges or fees for late payment, interest, or 
19 damage to any device;

20  (14.2) The court shall impose upon all defendants, 
21 including those
defendants subject to paragraph (14.1) 
22 above, placed under direct supervision
of the Pretrial 
23 Services Agency, Probation Department or Court Services

24 Department in a pretrial bond home supervision capacity 
25 with the use of an
approved monitoring device, as a 
26 condition of such bail bond, a fee
which shall represent 
 
 
10200HB1091ham001- 133 -LRB102 03105 RLC 25522 a


1 costs incidental to such
electronic monitoring for each 
2 day of such bail supervision ordered by the
court, unless 
3 after determining the inability of the defendant to pay 
4 the fee,
the court assesses a lesser fee or no fee as the 
5 case may be. The fee shall be
collected by the clerk of the 
6 circuit court, except as provided in an administrative 
7 order of the Chief Judge of the circuit court. The clerk of 
8 the circuit court
shall pay all monies collected from this 
9 fee to the county treasurer who shall
use the monies 
10 collected to defray the costs of corrections. The county

11 treasurer shall deposit the fee collected in the county 
12 working cash fund under
Section 6-27001 or Section 6-29002 
13 of the Counties Code, as the case may
be, except as 
14 provided in an administrative order of the Chief Judge of 
15 the circuit court.
16  The Chief Judge of the circuit court of the county may 
17 by administrative order establish a program for electronic 
18 monitoring of offenders with regard to drug-related and 
19 alcohol-related offenses, in which a vendor supplies and 
20 monitors the operation of the electronic monitoring 
21 device, and collects the fees on behalf of the county. The 
22 program shall include provisions for indigent offenders 
23 and the collection of unpaid fees. The program shall not 
24 unduly burden the offender and shall be subject to review 
25 by the Chief Judge.
26  The Chief Judge of the circuit court may suspend any 
 
 
10200HB1091ham001- 134 -LRB102 03105 RLC 25522 a


1 additional charges or fees for late payment, interest, or 
2 damage to any device;

3  (14.3) The Chief Judge of the Judicial Circuit may 
4 establish reasonable
fees to be paid by a person receiving 
5 pretrial services while under supervision
of a pretrial 
6 services agency, probation department, or court services

7 department. Reasonable fees may be charged for pretrial 
8 services
including, but not limited to, pretrial 
9 supervision, diversion programs,
electronic monitoring, 
10 victim impact services, drug and alcohol testing, DNA 
11 testing, GPS electronic monitoring, assessments and 
12 evaluations related to domestic violence and other 
13 victims, and
victim mediation services. The person 
14 receiving pretrial services may be
ordered to pay all 
15 costs incidental to pretrial services in accordance with 
16 his
or her ability to pay those costs;

17  (14.4) For persons charged with violating Section 
18 11-501 of the Illinois
Vehicle Code, refrain from 
19 operating a motor vehicle not equipped with an
ignition 
20 interlock device, as defined in Section 1-129.1 of the 
21 Illinois
Vehicle Code,
pursuant to the rules promulgated 
22 by the Secretary of State for the
installation of ignition

23 interlock devices. Under this condition the court may 
24 allow a defendant who is
not
self-employed to operate a 
25 vehicle owned by the defendant's employer that is
not 
26 equipped with an ignition interlock device in the course 
 
 
10200HB1091ham001- 135 -LRB102 03105 RLC 25522 a


1 and scope of the
defendant's employment;

2  (15) Comply with the terms and conditions of an order 
3 of protection
issued by the court under the Illinois 
4 Domestic Violence Act of 1986 or an
order of protection 
5 issued by the court of another state, tribe, or United

6 States territory;

7  (16) Under Section 110-6.5 comply with the conditions 
8 of the drug testing
program; and

9  (17) Such other reasonable conditions as the court may 
10 impose.

11 (c) When a person is charged with an offense under Section 
1211-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,

1312-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the 
14Criminal Code of 2012, involving a victim who is a
minor under 
1518 years of age living in the same household with the defendant

16at the time of the offense, in granting bail or releasing the 
17defendant on
his own recognizance, the judge shall impose 
18conditions to restrict the
defendant's access to the victim 
19which may include, but are not limited to
conditions that he 
20will:

21  1. Vacate the household.

22  2. Make payment of temporary support to his 
23 dependents.

24  3. Refrain from contact or communication with the 
25 child victim, except
as ordered by the court.

26 (d) When a person is charged with a criminal offense and 
 
 
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1the victim is
a family or household member as defined in 
2Article 112A, conditions shall
be imposed at the time of the 
3defendant's release on bond that restrict the
defendant's 
4access to the victim.
Unless provided otherwise by the court, 
5the
restrictions shall include
requirements that the defendant 
6do the following:

7  (1) refrain from contact or communication with the 
8 victim for a
minimum period of 72 hours following the 
9 defendant's release; and

10  (2) refrain from entering or remaining at the victim's 
11 residence for a
minimum period of 72 hours following the 
12 defendant's release.

13 (e) Local law enforcement agencies shall develop 
14standardized bond forms
for use in cases involving family or 
15household members as defined in
Article 112A, including 
16specific conditions of bond as provided in
subsection (d). 
17Failure of any law enforcement department to develop or use

18those forms shall in no way limit the applicability and 
19enforcement of
subsections (d) and (f).

20 (f) If the defendant is admitted to bail after conviction 
21the
conditions of the bail bond shall be that he will, in 
22addition to the
conditions set forth in subsections (a) and 
23(b) hereof:

24  (1) Duly prosecute his appeal;

25  (2) Appear at such time and place as the court may 
26 direct;

 
 
10200HB1091ham001- 137 -LRB102 03105 RLC 25522 a


1  (3) Not depart this State without leave of the court;

2  (4) Comply with such other reasonable conditions as 
3 the court may
impose; and

4  (5) If the judgment is affirmed or the cause reversed 
5 and remanded
for a new trial, forthwith surrender to the 
6 officer from whose custody
he was bailed.

7 (g) Upon a finding of guilty for any felony offense, the 
8defendant shall physically surrender, at a time and place 
9designated by the court, all firearms in his or her possession 
10to a law enforcement officer designated by the court to take 
11custody of and impound the firearms and physically surrender 
12his or her Firearm Owner's Identification Card to the law 
13enforcement agency as a condition of remaining on bond pending 
14sentencing. A defendant whose Firearm Owner's Identification 
15Card has been revoked or suspended may petition the court to 
16transfer the defendant's firearm to a person who is lawfully 
17able to possess the firearm if the person does not reside at 
18the same address as the defendant. Any transfer must be 
19conducted under Section 3 of the Firearm Owners Identification 
20Card Act. The transferee who receives the defendant's firearms 
21must swear or affirm by affidavit that he or she shall not 
22transfer the firearm to the defendant or to anyone residing in 
23the same residence as the defendant, until the defendant's 
24Firearm Owner's Identification Card has been reinstated. The 
25law enforcement agency, upon transfer of the firearms, shall 
26require the defendant to complete a Firearm Disposition Record 
 
 
10200HB1091ham001- 138 -LRB102 03105 RLC 25522 a


1under Section 9.5 of the Firearm Owners Identification Card 
2Act and provide a copy to the Illinois State Police along with 
3the defendant's Firearm Owner's Identification Card the 
4defendant shall
physically surrender, at a time and place 
5designated by the court,
any and all firearms in his or her 
6possession and his or her Firearm Owner's
Identification Card 
7as a condition of remaining on bond pending sentencing.

8 (h) Upon indictment for any felony offense, the defendant 
9shall physically surrender, at a time and place designated by 
10the court, all firearms in his or her possession to a law 
11enforcement officer designated by the court to take custody of 
12and impound the firearms and physically surrender his or her 
13Firearm Owner's Identification Card to the law enforcement 
14agency as a condition of remaining on bond pending trial. A 
15defendant whose Firearm Owner's Identification Card has been 
16revoked or suspended may petition the court to transfer the 
17defendant's firearm to a person who is lawfully able to 
18possess the firearm if the person does not reside at the same 
19address as the defendant. Any transfer must be conducted under 
20Section 3 of the Firearm Owners Identification Card Act. The 
21transferee who receives the defendant's firearms must swear or 
22affirm by affidavit that he or she shall not transfer the 
23firearm to the defendant or to anyone residing in the same 
24residence as the defendant, until the defendant's Firearm 
25Owner's Identification Card has been reinstated. The law 
26enforcement agency upon transfer of the firearms shall require 
 
 
10200HB1091ham001- 139 -LRB102 03105 RLC 25522 a


1the defendant to complete a Firearm Disposition Record under 
2Section 9.5 of the Firearm Owners Identification Card Act and 
3provide a copy to the Illinois State Police along with the 
4defendants Firearm Owner's Identification Card. All legally 
5possessed firearms shall be returned to the person upon proof 
6being provided to the law enforcement agency of the 
7reinstatement of the person's Firearm Owner's Identification 
8Card. 
9 (i) (h) In the event the defendant is unable to post bond, 
10the court may impose a no contact provision with the victim or 
11other interested party that shall be enforced while the 
12defendant remains in custody. 
13(Source: P.A. 101-138, eff. 1-1-20.)




14 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)


15 Sec. 112A-14. Domestic violence order of protection; 
16remedies. 

17 (a) (Blank).

18 (b) The court may order any of the remedies listed in this 
19subsection (b).
The remedies listed in this subsection (b) 
20shall be in addition to other civil
or criminal remedies 
21available to petitioner.

22  (1) Prohibition of abuse. Prohibit respondent's 
23 harassment,
interference with personal liberty, 
24 intimidation of a dependent, physical
abuse, or willful 
25 deprivation, as defined in this Article, if such abuse has

 
 
10200HB1091ham001- 140 -LRB102 03105 RLC 25522 a


1 occurred or otherwise appears likely to occur if not 
2 prohibited.

3  (2) Grant of exclusive possession of residence. 
4 Prohibit respondent
from entering or remaining in any 
5 residence, household, or premises of the petitioner,

6 including one owned or leased by respondent, if petitioner 
7 has a right
to occupancy thereof. The grant of exclusive 
8 possession of the residence, household, or premises
shall 
9 not affect title to real property, nor shall the court be 
10 limited by
the standard set forth in subsection (c-2) of 
11 Section 501 of the Illinois Marriage and
Dissolution of 
12 Marriage Act.

13   (A) Right to occupancy. A party has a right to 
14 occupancy of a
residence or household if it is
solely 
15 or jointly owned or leased by that party, that party's 
16 spouse, a
person with a legal duty to support that 
17 party or a minor child in that
party's care, or by any 
18 person or entity other than the opposing party that

19 authorizes that party's occupancy (e.g., a domestic 
20 violence shelter).
Standards set forth in subparagraph 
21 (B) shall not preclude equitable relief.

22   (B) Presumption of hardships. If petitioner and 
23 respondent
each has the right to occupancy of a 
24 residence or household, the court
shall balance (i) 
25 the hardships to respondent and any minor child or

26 dependent adult in respondent's care resulting from 
 
 
10200HB1091ham001- 141 -LRB102 03105 RLC 25522 a


1 entry of this remedy with (ii)
the hardships to 
2 petitioner and any minor child or dependent adult in

3 petitioner's care resulting from continued exposure to 
4 the risk of abuse (should
petitioner remain at the 
5 residence or household) or from loss of possession
of 
6 the residence or household (should petitioner leave to 
7 avoid the risk
of abuse). When determining the balance 
8 of hardships, the court shall also
take into account 
9 the accessibility of the residence or household.

10 Hardships need not be balanced if respondent does not 
11 have a right to occupancy.

12   The balance of hardships is presumed to favor 
13 possession by
petitioner unless the presumption is 
14 rebutted by a preponderance of the
evidence, showing 
15 that the hardships to respondent substantially 
16 outweigh
the hardships to petitioner and any minor 
17 child or dependent adult in petitioner's
care. The 
18 court, on the request of petitioner or on its own 
19 motion,
may order respondent to provide suitable, 
20 accessible, alternate housing
for petitioner instead 
21 of
excluding respondent from a mutual residence or 
22 household.

23  (3) Stay away order and additional prohibitions.
Order 
24 respondent to stay away from petitioner or any other 
25 person
protected by the domestic violence order of 
26 protection, or prohibit respondent from entering
or 
 
 
10200HB1091ham001- 142 -LRB102 03105 RLC 25522 a


1 remaining present at petitioner's school, place of 
2 employment, or other
specified places at times when 
3 petitioner is present, or both, if
reasonable, given
the 
4 balance of hardships. Hardships need not be balanced for 
5 the court
to enter a stay away order or prohibit entry
if 
6 respondent has no right to enter the premises.

7   (A) If a domestic violence order of protection 
8 grants petitioner exclusive possession
of the 
9 residence, prohibits respondent from entering the 
10 residence,
or orders respondent to stay away from 
11 petitioner or other
protected persons, then the court 
12 may allow respondent access to the
residence to remove 
13 items of clothing and personal adornment
used 
14 exclusively by respondent, medications, and other 
15 items as the court directs.
The right to access shall 
16 be exercised on only one occasion as the court directs

17 and in the presence of an agreed-upon adult third 
18 party or law enforcement officer.

19   (B) When the petitioner and the respondent attend 
20 the same public, private, or non-public elementary, 
21 middle, or high school, the court when issuing a 
22 domestic violence order of protection and providing 
23 relief shall consider the severity of the act, any 
24 continuing physical danger or emotional distress to 
25 the petitioner, the educational rights guaranteed to 
26 the petitioner and respondent under federal and State 
 
 
10200HB1091ham001- 143 -LRB102 03105 RLC 25522 a


1 law, the availability of a transfer of the respondent 
2 to another school, a change of placement or a change of 
3 program of the respondent, the expense, difficulty, 
4 and educational disruption that would be caused by a 
5 transfer of the respondent to another school, and any 
6 other relevant facts of the case. The court may order 
7 that the respondent not attend the public, private, or 
8 non-public elementary, middle, or high school attended 
9 by the petitioner, order that the respondent accept a 
10 change of placement or change of program, as 
11 determined by the school district or private or 
12 non-public school, or place restrictions on the 
13 respondent's movements within the school attended by 
14 the petitioner. The respondent bears the burden of 
15 proving by a preponderance of the evidence that a 
16 transfer, change of placement, or change of program of 
17 the respondent is not available. The respondent also 
18 bears the burden of production with respect to the 
19 expense, difficulty, and educational disruption that 
20 would be caused by a transfer of the respondent to 
21 another school. A transfer, change of placement, or 
22 change of program is not unavailable to the respondent 
23 solely on the ground that the respondent does not 
24 agree with the school district's or private or 
25 non-public school's transfer, change of placement, or 
26 change of program or solely on the ground that the 
 
 
10200HB1091ham001- 144 -LRB102 03105 RLC 25522 a


1 respondent fails or refuses to consent or otherwise 
2 does not take an action required to effectuate a 
3 transfer, change of placement, or change of program. 
4 When a court orders a respondent to stay away from the 
5 public, private, or non-public school attended by the 
6 petitioner and the respondent requests a transfer to 
7 another attendance center within the respondent's 
8 school district or private or non-public school, the 
9 school district or private or non-public school shall 
10 have sole discretion to determine the attendance 
11 center to which the respondent is transferred. If the 
12 court order results in a transfer of the minor 
13 respondent to another attendance center, a change in 
14 the respondent's placement, or a change of the 
15 respondent's program, the parents, guardian, or legal 
16 custodian of the respondent is responsible for 
17 transportation and other costs associated with the 
18 transfer or change.
19   (C) The court may order the parents, guardian, or 
20 legal custodian of a minor respondent to take certain 
21 actions or to refrain from taking certain actions to 
22 ensure that the respondent complies with the order. If 
23 the court orders a transfer of the respondent to 
24 another school, the parents, guardian, or legal 
25 custodian of the respondent is responsible for 
26 transportation and other costs associated with the 
 
 
10200HB1091ham001- 145 -LRB102 03105 RLC 25522 a


1 change of school by the respondent. 
2  (4) Counseling. Require or recommend the respondent to 
3 undergo
counseling for a specified duration with a social 
4 worker, psychologist,
clinical psychologist, 
5 psychiatrist, family service agency, alcohol or
substance 
6 abuse program, mental health center guidance counselor, 
7 agency
providing services to elders, program designed for 
8 domestic violence
abusers, or any other guidance service 
9 the court deems appropriate. The court may order the 
10 respondent in any intimate partner relationship to report 
11 to an Illinois Department of Human Services protocol 
12 approved partner abuse intervention program for an 
13 assessment and to follow all recommended treatment. 

14  (5) Physical care and possession of the minor child. 
15 In order to protect
the minor child from abuse, neglect, 
16 or unwarranted separation from the person
who has been the 
17 minor child's primary caretaker, or to otherwise protect 
18 the
well-being of the minor child, the court may do either 
19 or both of the following:
(i) grant petitioner physical 
20 care or possession of the minor child, or both, or
(ii) 
21 order respondent to return a minor child to, or not remove 
22 a minor child
from, the physical care of a parent or person 
23 in loco parentis.

24  If the respondent is charged with abuse
(as defined in 
25 Section 112A-3 of this Code) of a minor child, there shall 
26 be a
rebuttable presumption that awarding physical care to 
 
 
10200HB1091ham001- 146 -LRB102 03105 RLC 25522 a


1 respondent would not
be in the minor child's best 
2 interest.

3  (6) Temporary allocation of parental responsibilities 
4 and significant decision-making responsibilities.
Award 
5 temporary significant decision-making responsibility to 
6 petitioner in accordance with this Section,
the Illinois 
7 Marriage
and Dissolution of Marriage Act, the Illinois 
8 Parentage Act of 2015,
and this State's Uniform 
9 Child-Custody
Jurisdiction and Enforcement Act. 

10  If the respondent
is charged with abuse (as defined in 
11 Section 112A-3 of this Code) of a
minor child, there shall 
12 be a rebuttable presumption that awarding
temporary 
13 significant decision-making responsibility to respondent 
14 would not be in the
child's best interest.

15  (7) Parenting time. Determine the parenting time, if 
16 any, of respondent in any case in which the court
awards 
17 physical care or temporary significant decision-making 
18 responsibility of a minor child to
petitioner. The court 
19 shall restrict or deny respondent's parenting time with
a 
20 minor child if
the court finds that respondent has done or 
21 is likely to do any of the
following:
22   (i) abuse or endanger the minor child during 
23 parenting time;
24   (ii) use the parenting time
as an opportunity to 
25 abuse or harass petitioner or
petitioner's family or 
26 household members;
 
 
10200HB1091ham001- 147 -LRB102 03105 RLC 25522 a


1   (iii) improperly conceal or
detain the minor 
2 child; or
3   (iv) otherwise act in a manner that is not in
the 
4 best interests of the minor child. 
5  The court shall not be limited by the
standards set 
6 forth in Section 603.10 of the Illinois Marriage and

7 Dissolution of Marriage Act. If the court grants parenting 
8 time, the order
shall specify dates and times for the 
9 parenting time to take place or other
specific parameters 
10 or conditions that are appropriate. No order for parenting 
11 time
shall refer merely to the term "reasonable parenting 
12 time". Petitioner may deny respondent access to the minor 
13 child if, when
respondent arrives for parenting time, 
14 respondent is under the influence of drugs
or alcohol and 
15 constitutes a threat to the safety and well-being of

16 petitioner or petitioner's minor children or is behaving 
17 in a violent or abusive manner. If necessary to protect 
18 any member of petitioner's family or
household from future 
19 abuse, respondent shall be prohibited from coming to

20 petitioner's residence to meet the minor child for 
21 parenting time, and the petitioner and respondent
shall 
22 submit to the court their recommendations for reasonable

23 alternative arrangements for parenting time. A person may 
24 be approved to
supervise parenting time only after filing 
25 an affidavit accepting
that responsibility and 
26 acknowledging accountability to the court.

 
 
10200HB1091ham001- 148 -LRB102 03105 RLC 25522 a


1  (8) Removal or concealment of minor child.
Prohibit 
2 respondent from
removing a minor child from the State or 
3 concealing the child within the
State.

4  (9) Order to appear. Order the respondent to
appear in 
5 court, alone
or with a minor child, to prevent abuse, 
6 neglect, removal or concealment of
the child, to return 
7 the child to the custody or care of the petitioner, or
to 
8 permit any court-ordered interview or examination of the 
9 child or the
respondent.

10  (10) Possession of personal property. Grant petitioner 
11 exclusive
possession of personal property and, if 
12 respondent has possession or
control, direct respondent to 
13 promptly make it available to petitioner, if:

14   (i) petitioner, but not respondent, owns the 
15 property; or

16   (ii) the petitioner and respondent own the 
17 property jointly; sharing it would risk
abuse of 
18 petitioner by respondent or is impracticable; and the 
19 balance of
hardships favors temporary possession by 
20 petitioner.

21  If petitioner's sole claim to ownership of the 
22 property is that it is
marital property, the court may 
23 award petitioner temporary possession
thereof under the 
24 standards of subparagraph (ii) of this paragraph only if
a 
25 proper proceeding has been filed under the Illinois 
26 Marriage and
Dissolution of Marriage Act, as now or 
 
 
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1 hereafter amended.

2  No order under this provision shall affect title to 
3 property.

4  (11) Protection of property. Forbid the respondent 
5 from taking,
transferring, encumbering, concealing, 
6 damaging, or otherwise disposing of
any real or personal 
7 property, except as explicitly authorized by the
court, 
8 if:

9   (i) petitioner, but not respondent, owns the 
10 property; or

11   (ii) the petitioner and respondent own the 
12 property jointly,
and the balance of hardships favors 
13 granting this remedy.

14  If petitioner's sole claim to ownership of the 
15 property is that it is
marital property, the court may 
16 grant petitioner relief under subparagraph
(ii) of this 
17 paragraph only if a proper proceeding has been filed under 
18 the
Illinois Marriage and Dissolution of Marriage Act, as 
19 now or hereafter amended.

20  The court may further prohibit respondent from 
21 improperly using the
financial or other resources of an 
22 aged member of the family or household
for the profit or 
23 advantage of respondent or of any other person.

24  (11.5) Protection of animals. Grant the petitioner the 
25 exclusive care, custody, or control of any animal owned, 
26 possessed, leased, kept, or held by either the petitioner 
 
 
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1 or the respondent or a minor child residing in the 
2 residence or household of either the petitioner or the 
3 respondent and order the respondent to stay away from the 
4 animal and forbid the respondent from taking, 
5 transferring, encumbering, concealing, harming, or 
6 otherwise disposing of the animal.

7  (12) Order for payment of support. Order
respondent to 
8 pay temporary
support for the petitioner or any child in 
9 the petitioner's care or over whom the petitioner has been 
10 allocated parental responsibility, when the respondent has 
11 a legal obligation to support that person,
in accordance 
12 with the Illinois Marriage and Dissolution
of Marriage 
13 Act, which shall govern, among other matters, the amount 
14 of
support, payment through the clerk and withholding of 
15 income to secure
payment. An order for child support may 
16 be granted to a petitioner with
lawful physical care of a 
17 child, or an order or agreement for
physical care of a 
18 child, prior to entry of an order allocating significant 
19 decision-making responsibility.
Such a support order shall 
20 expire upon entry of a valid order allocating parental 
21 responsibility differently and vacating petitioner's 
22 significant decision-making responsibility unless 
23 otherwise provided in the order.

24  (13) Order for payment of losses. Order
respondent to 
25 pay petitioner
for losses suffered as a direct result of 
26 the abuse. Such losses shall
include, but not be limited 
 
 
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1 to, medical expenses, lost earnings or other
support, 
2 repair or replacement of property damaged or taken, 
3 reasonable
attorney's fees, court costs, and moving or 
4 other travel expenses, including
additional reasonable 
5 expenses for temporary shelter and restaurant meals.

6   (i) Losses affecting family needs. If a party is 
7 entitled to seek
maintenance, child support, or 
8 property distribution from the other party
under the 
9 Illinois Marriage and Dissolution of Marriage Act, as 
10 now or
hereafter amended, the court may order 
11 respondent to reimburse petitioner's
actual losses, to 
12 the extent that such reimbursement would be 
13 "appropriate
temporary relief", as authorized by 
14 subsection (a)(3) of
Section 501 of that Act.

15   (ii) Recovery of expenses. In the case of an 
16 improper concealment
or removal of a minor child, the 
17 court may order respondent to pay the reasonable

18 expenses incurred or to be incurred in the search for 
19 and recovery of the
minor child, including, but not 
20 limited to, legal fees, court costs, private

21 investigator fees, and travel costs.

22  (14) Prohibition of entry. Prohibit the respondent 
23 from entering or
remaining in the residence or household 
24 while the respondent is under the
influence of alcohol or 
25 drugs and constitutes a threat to the safety and

26 well-being of the petitioner or the petitioner's children.

 
 
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1  (14.5) Prohibition of firearm possession. 
2   (A) A person who is subject to an existing 
3 domestic violence order of protection issued under 
4 this Code may not lawfully possess weapons or a valid 
5 Firearm Owner's Identification Card under Section 8.2 
6 of the Firearm Owners Identification Card Act.
7   (B) Any firearms in the
possession of the 
8 respondent, except as provided in subparagraph (C) of 
9 this paragraph (14.5), shall be ordered by the court 
10 to be turned
over to a person with a valid Firearm 
11 Owner's Identification Card for safekeeping. The court 
12 shall issue an order that the respondent comply with 
13 Section 9.5 of the Firearm Owners Identification Card 
14 Act. the respondent's Firearm Owner's Identification 
15 Card be turned over to the local law enforcement 
16 agency, which in turn shall immediately mail the card 
17 to the Department of State Police Firearm Owner's 
18 Identification Card Office for safekeeping.
The period 
19 of safekeeping shall be for the duration of the 
20 domestic violence order of protection. The firearm or 
21 firearms and Firearm Owner's Identification Card, if 
22 unexpired, shall at the respondent's request be 
23 returned to the respondent at expiration of the 
24 domestic violence order of protection.

25   (C) If the respondent is a peace officer as 
26 defined in Section 2-13 of
the
Criminal Code of 2012, 
 
 
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1 the court shall order that any firearms used by the

2 respondent in the performance of his or her duties as a

3 peace officer be surrendered to
the chief law 
4 enforcement executive of the agency in which the 
5 respondent is
employed, who shall retain the firearms 
6 for safekeeping for the duration of the domestic 
7 violence order of protection.

8   (D) Upon expiration of the period of safekeeping, 
9 if the firearms or Firearm Owner's Identification Card 
10 cannot be returned to respondent because respondent 
11 cannot be located, fails to respond to requests to 
12 retrieve the firearms, or is not lawfully eligible to 
13 possess a firearm, upon petition from the local law 
14 enforcement agency, the court may order the local law 
15 enforcement agency to destroy the firearms, use the 
16 firearms for training purposes, or for any other 
17 application as deemed appropriate by the local law 
18 enforcement agency; or that the firearms be turned 
19 over to a third party who is lawfully eligible to 
20 possess firearms, and who does not reside with 
21 respondent. 
22  (15) Prohibition of access to records. If a domestic 
23 violence order of protection
prohibits respondent from 
24 having contact with the minor child,
or if petitioner's 
25 address is omitted under subsection (b) of
Section 112A-5 
26 of this Code, or if necessary to prevent abuse or wrongful 
 
 
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1 removal or
concealment of a minor child, the order shall 
2 deny respondent access to, and
prohibit respondent from 
3 inspecting, obtaining, or attempting to
inspect or obtain, 
4 school or any other records of the minor child
who is in 
5 the care of petitioner.

6  (16) Order for payment of shelter services. Order 
7 respondent to
reimburse a shelter providing temporary 
8 housing and counseling services to
the petitioner for the 
9 cost of the services, as certified by the shelter
and 
10 deemed reasonable by the court.

11  (17) Order for injunctive relief. Enter injunctive 
12 relief necessary
or appropriate to prevent further abuse 
13 of a family or household member or
to effectuate one of the 
14 granted remedies, if supported by the balance of

15 hardships. If the harm to be prevented by the injunction 
16 is abuse or any
other harm that one of the remedies listed 
17 in paragraphs (1) through (16)
of this subsection is 
18 designed to prevent, no further evidence is necessary
to 
19 establish that the harm is an irreparable injury.

20  (18) Telephone services.
21   (A) Unless a condition described in subparagraph 
22 (B) of this paragraph exists, the court may, upon 
23 request by the petitioner, order a wireless telephone 
24 service provider to transfer to the petitioner the 
25 right to continue to use a telephone number or numbers 
26 indicated by the petitioner and the financial 
 
 
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1 responsibility associated with the number or numbers, 
2 as set forth in subparagraph (C) of this paragraph. In 
3 this paragraph (18), the term "wireless telephone 
4 service provider" means a provider of commercial 
5 mobile service as defined in 47 U.S.C. 332. The 
6 petitioner may request the transfer of each telephone 
7 number that the petitioner, or a minor child in his or 
8 her custody, uses. The clerk of the court shall serve 
9 the order on the wireless telephone service provider's 
10 agent for service of process provided to the Illinois 
11 Commerce Commission. The order shall contain all of 
12 the following: 
13    (i) The name and billing telephone number of 
14 the account holder including the name of the 
15 wireless telephone service provider that serves 
16 the account.
17    (ii) Each telephone number that will be 
18 transferred.
19    (iii) A statement that the provider transfers 
20 to the petitioner all financial responsibility for 
21 and right to the use of any telephone number 
22 transferred under this paragraph.
23   (B) A wireless telephone service provider shall 
24 terminate the respondent's use of, and shall transfer 
25 to the petitioner use of, the telephone number or 
26 numbers indicated in subparagraph (A) of this 
 
 
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1 paragraph unless it notifies the petitioner, within 72 
2 hours after it receives the order, that one of the 
3 following applies:
4    (i) The account holder named in the order has 
5 terminated the account.
6    (ii) A difference in network technology would 
7 prevent or impair the functionality of a device on 
8 a network if the transfer occurs.
9    (iii) The transfer would cause a geographic or 
10 other limitation on network or service provision 
11 to the petitioner.
12    (iv) Another technological or operational 
13 issue would prevent or impair the use of the 
14 telephone number if the transfer occurs.
15   (C) The petitioner assumes all financial 
16 responsibility for and right to the use of any 
17 telephone number transferred under this paragraph. In 
18 this paragraph, "financial responsibility" includes 
19 monthly service costs and costs associated with any 
20 mobile device associated with the number.
21   (D) A wireless telephone service provider may 
22 apply to the petitioner its routine and customary 
23 requirements for establishing an account or 
24 transferring a number, including requiring the 
25 petitioner to provide proof of identification, 
26 financial information, and customer preferences.

 
 
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1   (E) Except for willful or wanton misconduct, a 
2 wireless telephone service provider is immune from 
3 civil liability for its actions taken in compliance 
4 with a court order issued under this paragraph.
5   (F) All wireless service providers that provide 
6 services to residential customers shall provide to the 
7 Illinois Commerce Commission the name and address of 
8 an agent for service of orders entered under this 
9 paragraph (18). Any change in status of the registered 
10 agent must be reported to the Illinois Commerce 
11 Commission within 30 days of such change. 
12   (G) The Illinois Commerce Commission shall 
13 maintain the list of registered agents for service for 
14 each wireless telephone service provider on the 
15 Commission's website. The Commission may consult with 
16 wireless telephone service providers and the Circuit 
17 Court Clerks on the manner in which this information 
18 is provided and displayed. 
19 (c) Relevant factors; findings.

20  (1) In determining whether to grant a
specific remedy, 
21 other than payment of support, the
court shall consider 
22 relevant factors, including, but not limited to, the

23 following:

24   (i) the nature, frequency, severity, pattern, and 
25 consequences of the
respondent's past abuse of the 
26 petitioner or any family or household
member, 
 
 
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1 including the concealment of his or her location in 
2 order to evade
service of process or notice, and the 
3 likelihood of danger of future abuse to
petitioner or

4 any member of petitioner's or respondent's family or 
5 household; and

6   (ii) the danger that any minor child will be 
7 abused or neglected or
improperly relocated from the 
8 jurisdiction, improperly concealed within the
State, 
9 or improperly separated from the child's primary 
10 caretaker.

11  (2) In comparing relative hardships resulting to the 
12 parties from loss
of possession of the family home, the 
13 court shall consider relevant
factors, including, but not 
14 limited to, the following:

15   (i) availability, accessibility, cost, safety, 
16 adequacy, location, and other
characteristics of 
17 alternate housing for each party and any minor child 
18 or
dependent adult in the party's care;

19   (ii) the effect on the party's employment; and

20   (iii) the effect on the relationship of the party, 
21 and any minor
child or dependent adult in the party's 
22 care, to family, school, church,
and community.

23  (3) Subject to the exceptions set forth in paragraph 
24 (4) of this
subsection (c), the court shall make its 
25 findings in an official record or in
writing, and shall at 
26 a minimum set forth the following:

 
 
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1   (i) That the court has considered the applicable 
2 relevant factors
described in paragraphs (1) and (2) 
3 of this subsection (c).

4   (ii) Whether the conduct or actions of respondent, 
5 unless
prohibited, will likely cause irreparable harm 
6 or continued abuse.

7   (iii) Whether it is necessary to grant the 
8 requested relief in order
to protect petitioner or 
9 other alleged abused persons.

10  (4) (Blank).

11  (5) Never married parties. No rights or 
12 responsibilities for a minor
child born outside of 
13 marriage attach to a putative father until a father and

14 child relationship has been established under the Illinois 
15 Parentage Act of
1984, the Illinois Parentage Act of 2015, 
16 the Illinois Public Aid Code, Section 12 of the Vital 
17 Records Act, the Juvenile Court Act of 1987, the Probate 
18 Act of 1975, the Uniform Interstate Family Support Act, 
19 the Expedited Child Support Act of 1990, any judicial, 
20 administrative, or other act of another state or 
21 territory, any other statute of this State, or by any 
22 foreign nation establishing the father and child 
23 relationship, any other proceeding substantially in 
24 conformity with the federal Personal Responsibility and 
25 Work Opportunity Reconciliation Act of 1996, or when both 
26 parties appeared in open court or at an administrative 
 
 
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1 hearing acknowledging under oath or admitting by 
2 affirmation the existence of a father and child 
3 relationship. Absent such an adjudication, no putative 
4 father shall be granted
temporary allocation of parental 
5 responsibilities, including parenting time with the minor 
6 child, or
physical care
and possession of the minor child, 
7 nor shall
an order of payment for support of the minor 
8 child be entered.

9 (d) Balance of hardships; findings. If the court finds 
10that the balance
of hardships does not support the granting of 
11a remedy governed by
paragraph (2), (3), (10), (11), or (16) of

12subsection (b) of this Section,
which may require such 
13balancing, the court's findings shall so
indicate and shall 
14include a finding as to whether granting the remedy will

15result in hardship to respondent that would substantially 
16outweigh the hardship
to petitioner
from denial of the remedy. 
17The findings shall be an official record or in
writing.

18 (e) Denial of remedies. Denial of any remedy shall not be 
19based, in
whole or in part, on evidence that:

20  (1) respondent has cause for any use of force, unless 
21 that cause
satisfies the standards for justifiable use of 
22 force provided by Article
7 of the Criminal Code of 2012;

23  (2) respondent was voluntarily intoxicated;

24  (3) petitioner acted in self-defense or defense of 
25 another, provided
that, if petitioner utilized force, such 
26 force was justifiable under
Article 7 of the Criminal Code 
 
 
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1 of 2012; 

2  (4) petitioner did not act in self-defense or defense 
3 of another;

4  (5) petitioner left the residence or household to 
5 avoid further abuse
by respondent;

6  (6) petitioner did not leave the residence or 
7 household to avoid further
abuse by respondent; or 

8  (7) conduct by any family or household member excused 
9 the abuse by
respondent, unless that same conduct would 
10 have excused such abuse if the
parties had not been family 
11 or household members.

12(Source: P.A. 100-199, eff. 1-1-18; 100-388, eff. 1-1-18; 
13100-597, eff. 6-29-18; 100-863, eff. 8-14-18; 100-923, eff. 
141-1-19; 101-81, eff. 7-12-19.)


15 Section 40. The Unified Code of Corrections is amended by 
16changing Section 5-6-3 as follows:

17 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
18 Sec. 5-6-3. Conditions of probation and of conditional 
19discharge.

20 (a) The conditions of probation and of conditional 
21discharge shall be
that the person:


22  (1) not violate any criminal statute of any 
23 jurisdiction;


24  (2) report to or appear in person before such person 
 
 
10200HB1091ham001- 162 -LRB102 03105 RLC 25522 a


1 or agency as
directed by the court;


2  (3) refrain from possessing a firearm or other 
3 dangerous weapon where the offense is a felony or, if a 
4 misdemeanor, the offense involved the intentional or 
5 knowing infliction of bodily harm or threat of bodily 
6 harm;


7  (4) not leave the State without the consent of the 
8 court or, in
circumstances in which the reason for the 
9 absence is of such an emergency
nature that prior consent 
10 by the court is not possible, without the prior

11 notification and approval of the person's probation

12 officer. Transfer of a person's probation or conditional 
13 discharge
supervision to another state is subject to 
14 acceptance by the other state
pursuant to the Interstate 
15 Compact for Adult Offender Supervision;


16  (5) permit the probation officer to visit
him at his 
17 home or elsewhere
to the extent necessary to discharge his 
18 duties;


19  (6) perform no less than 30 hours of community service 
20 and not more than
120 hours of community service, if 
21 community service is available in the
jurisdiction and is 
22 funded and approved by the county board where the offense

23 was committed, where the offense was related to or in 
24 furtherance of the
criminal activities of an organized 
25 gang and was motivated by the offender's
membership in or 
26 allegiance to an organized gang. The community service 
 
 
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1 shall
include, but not be limited to, the cleanup and 
2 repair of any damage caused by
a violation of Section 
3 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 
4 2012 and similar damage
to property located within the 
5 municipality or county in which the violation
occurred. 
6 When possible and reasonable, the community service should 
7 be
performed in the offender's neighborhood. For purposes 
8 of this Section,
"organized gang" has the meaning ascribed 
9 to it in Section 10 of the Illinois
Streetgang Terrorism 
10 Omnibus Prevention Act. The court may give credit toward 
11 the fulfillment of community service hours for 
12 participation in activities and treatment as determined by 
13 court services;


14  (7) if he or she is at least 17 years of age and has 
15 been sentenced to
probation or conditional discharge for a 
16 misdemeanor or felony in a county of
3,000,000 or more 
17 inhabitants and has not been previously convicted of a

18 misdemeanor or felony, may be required by the sentencing 
19 court to attend
educational courses designed to prepare 
20 the defendant for a high school diploma
and to work toward 
21 a high school diploma or to work toward passing high 
22 school equivalency testing or to work toward
completing a 
23 vocational training program approved by the court. The 
24 person on
probation or conditional discharge must attend a 
25 public institution of
education to obtain the educational 
26 or vocational training required by this paragraph
(7). The 
 
 
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1 court shall revoke the probation or conditional discharge 
2 of a
person who wilfully fails to comply with this 
3 paragraph (7). The person on
probation or conditional 
4 discharge shall be required to pay for the cost of the

5 educational courses or high school equivalency testing if 
6 a fee is charged for those courses or testing. The court 
7 shall resentence the offender whose probation or 
8 conditional
discharge has been revoked as provided in 
9 Section 5-6-4. This paragraph (7) does
not apply to a 
10 person who has a high school diploma or has successfully 
11 passed high school equivalency testing. This paragraph (7) 
12 does not apply to a person who is determined by
the court 
13 to be a person with a developmental disability or 
14 otherwise mentally incapable of
completing the educational 
15 or vocational program;


16  (8) if convicted of possession of a substance 
17 prohibited
by the Cannabis Control Act, the Illinois 
18 Controlled Substances Act, or the Methamphetamine Control 
19 and Community Protection Act
after a previous conviction 
20 or disposition of supervision for possession of a

21 substance prohibited by the Cannabis Control Act or 
22 Illinois Controlled
Substances Act or after a sentence of 
23 probation under Section 10 of the
Cannabis
Control Act, 
24 Section 410 of the Illinois Controlled Substances Act, or 
25 Section 70 of the Methamphetamine Control and Community 
26 Protection Act and upon a
finding by the court that the 
 
 
10200HB1091ham001- 165 -LRB102 03105 RLC 25522 a


1 person is addicted, undergo treatment at a
substance abuse 
2 program approved by the court;


3  (8.5) if convicted of a felony sex offense as defined 
4 in the Sex
Offender
Management Board Act, the person shall 
5 undergo and successfully complete sex
offender treatment 
6 by a treatment provider approved by the Board and 
7 conducted
in conformance with the standards developed 
8 under the Sex
Offender Management Board Act;

9  (8.6) if convicted of a sex offense as defined in the 
10 Sex Offender Management Board Act, refrain from residing 
11 at the same address or in the same condominium unit or 
12 apartment unit or in the same condominium complex or 
13 apartment complex with another person he or she knows or 
14 reasonably should know is a convicted sex offender or has 
15 been placed on supervision for a sex offense; the 
16 provisions of this paragraph do not apply to a person 
17 convicted of a sex offense who is placed in a Department of 
18 Corrections licensed transitional housing facility for sex 
19 offenders;
20  (8.7) if convicted for an offense committed on or 
21 after June 1, 2008 (the effective date of Public Act 
22 95-464) that would qualify the accused as a child sex 
23 offender as defined in Section 11-9.3 or 11-9.4 of the 
24 Criminal Code of 1961 or the Criminal Code of 2012, 
25 refrain from communicating with or contacting, by means of 
26 the Internet, a person who is not related to the accused 
 
 
10200HB1091ham001- 166 -LRB102 03105 RLC 25522 a


1 and whom the accused reasonably believes to be under 18 
2 years of age; for purposes of this paragraph (8.7), 
3 "Internet" has the meaning ascribed to it in Section 
4 16-0.1 of the Criminal Code of 2012; and a person is not 
5 related to the accused if the person is not: (i) the 
6 spouse, brother, or sister of the accused; (ii) a 
7 descendant of the accused; (iii) a first or second cousin 
8 of the accused; or (iv) a step-child or adopted child of 
9 the accused;
10  (8.8) if convicted for an offense under Section 11-6, 
11 11-9.1, 11-14.4 that involves soliciting for a juvenile 
12 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 
13 of the Criminal Code of 1961 or the Criminal Code of 2012, 
14 or any attempt to commit any of these offenses, committed 
15 on or after June 1, 2009 (the effective date of Public Act 
16 95-983):
17   (i) not access or use a computer or any other 
18 device with Internet capability without the prior 
19 written approval of the offender's probation officer, 
20 except in connection with the offender's employment or 
21 search for employment with the prior approval of the 
22 offender's probation officer;
23   (ii) submit to periodic unannounced examinations 
24 of the offender's computer or any other device with 
25 Internet capability by the offender's probation 
26 officer, a law enforcement officer, or assigned 
 
 
10200HB1091ham001- 167 -LRB102 03105 RLC 25522 a


1 computer or information technology specialist, 
2 including the retrieval and copying of all data from 
3 the computer or device and any internal or external 
4 peripherals and removal of such information, 
5 equipment, or device to conduct a more thorough 
6 inspection;
7   (iii) submit to the installation on the offender's 
8 computer or device with Internet capability, at the 
9 offender's expense, of one or more hardware or 
10 software systems to monitor the Internet use; and
11   (iv) submit to any other appropriate restrictions 
12 concerning the offender's use of or access to a 
13 computer or any other device with Internet capability 
14 imposed by the offender's probation officer; 
15  (8.9) if convicted of a sex offense as defined in the 
16 Sex Offender
Registration Act committed on or after 
17 January 1, 2010 (the effective date of Public Act 96-262), 
18 refrain from accessing or using a social networking 
19 website as defined in Section 17-0.5 of the Criminal Code 
20 of 2012;

21  (9) if convicted of a felony or of any misdemeanor 
22 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 
23 12-3.5 of the Criminal Code of 1961 or the Criminal Code of 
24 2012 that was determined, pursuant to Section 112A-11.1 of 
25 the Code of Criminal Procedure of 1963, to trigger the 
26 prohibitions of 18 U.S.C. 922(g)(9), the defendant shall 
 
 
10200HB1091ham001- 168 -LRB102 03105 RLC 25522 a


1 physically surrender, at a time and place designated by 
2 the court, all firearms in his or her possession to a law 
3 enforcement officer designated by the court to take 
4 custody of and impound the firearms and physically 
5 surrender his or her Firearm Owner's Identification Card 
6 to the law enforcement agency as a condition of remaining 
7 on bond pending sentencing. A defendant whose Firearm 
8 Owner's Identification Card has been revoked or suspended 
9 may petition the court to transfer the defendant's firearm 
10 to a person who is lawfully able to possess the firearm if 
11 the person does not reside at the same address as the 
12 defendant. Any transfer must be conducted under Section 3 
13 of the Firearm Owners Identification Card Act. The 
14 transferee who receives the defendant's firearms must 
15 swear or affirm by affidavit that he or she shall not 
16 transfer the firearm to the defendant or to anyone 
17 residing in the same residence as the defendant, until the 
18 defendant's Firearm Owner's Identification Card has been 
19 reinstated. The law enforcement agency, upon transfer of 
20 the firearms, shall require the defendant to complete a 
21 Firearm Disposition Record under Section 9.5 of the 
22 Firearm Owner's Identification Card Act and provide a copy 
23 to the Illinois State Police along with the defendants 
24 Firearm Owner's Identification Card physically surrender 
25 at a time and place
designated by the court, his or her 
26 Firearm
Owner's Identification Card and
any and all 
 
 
10200HB1091ham001- 169 -LRB102 03105 RLC 25522 a


1 firearms in
his or her possession. The Court shall return 
2 to the Department of State Police Firearm Owner's 
3 Identification Card Office the person's Firearm Owner's 
4 Identification Card;


5  (10) if convicted of a sex offense as defined in 
6 subsection (a-5) of Section 3-1-2 of this Code, unless the 
7 offender is a parent or guardian of the person under 18 
8 years of age present in the home and no non-familial 
9 minors are present, not participate in a holiday event 
10 involving children under 18 years of age, such as 
11 distributing candy or other items to children on 
12 Halloween, wearing a Santa Claus costume on or preceding 
13 Christmas, being employed as a department store Santa 
14 Claus, or wearing an Easter Bunny costume on or preceding 
15 Easter; 
16  (11) if convicted of a sex offense as defined in 
17 Section 2 of the Sex Offender Registration Act committed 
18 on or after January 1, 2010 (the effective date of Public 
19 Act 96-362) that requires the person to register as a sex 
20 offender under that Act, may not knowingly use any 
21 computer scrub software on any computer that the sex 
22 offender uses; 
23  (12) if convicted of a violation of the 
24 Methamphetamine Control and Community Protection Act, the 
25 Methamphetamine
Precursor Control Act, or a 
26 methamphetamine related offense:
 
 
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1   (A) prohibited from purchasing, possessing, or 
2 having under his or her control any product containing 
3 pseudoephedrine unless prescribed by a physician; and
4   (B) prohibited from purchasing, possessing, or 
5 having under his or her control any product containing 
6 ammonium nitrate; and
7  (13) if convicted of a hate crime involving the 
8 protected class identified in subsection (a) of Section 
9 12-7.1 of the Criminal Code of 2012 that gave rise to the 
10 offense the offender committed, perform public or 
11 community service of no less than 200 hours and enroll in 
12 an educational program discouraging hate crimes that 
13 includes racial, ethnic, and cultural sensitivity training 
14 ordered by the court. 
15 (b) The Court may in addition to other reasonable 
16conditions relating to the
nature of the offense or the 
17rehabilitation of the defendant as determined for
each 
18defendant in the proper discretion of the Court require that 
19the person:


20  (1) serve a term of periodic imprisonment under 
21 Article 7 for a
period not to exceed that specified in 
22 paragraph (d) of Section 5-7-1;


23  (2) pay a fine and costs;


24  (3) work or pursue a course of study or vocational 
25 training;


26  (4) undergo medical, psychological or psychiatric 
 
 
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1 treatment; or treatment
for drug addiction or alcoholism;


2  (5) attend or reside in a facility established for the 
3 instruction
or residence of defendants on probation;


4  (6) support his dependents;


5  (7) and in addition, if a minor:


6   (i) reside with his parents or in a foster home;


7   (ii) attend school;


8   (iii) attend a non-residential program for youth;


9   (iv) contribute to his own support at home or in a 
10 foster home;


11   (v) with the consent of the superintendent of the

12 facility, attend an educational program at a facility 
13 other than the school
in which the
offense was 
14 committed if he
or she is convicted of a crime of 
15 violence as
defined in
Section 2 of the Crime Victims 
16 Compensation Act committed in a school, on the
real

17 property
comprising a school, or within 1,000 feet of 
18 the real property comprising a
school;


19  (8) make restitution as provided in Section 5-5-6 of 
20 this Code;


21  (9) perform some reasonable public or community 
22 service;


23  (10) serve a term of home confinement. In addition to 
24 any other
applicable condition of probation or conditional 
25 discharge, the
conditions of home confinement shall be 
26 that the offender:


 
 
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1   (i) remain within the interior premises of the 
2 place designated for
his confinement during the hours 
3 designated by the court;


4   (ii) admit any person or agent designated by the 
5 court into the
offender's place of confinement at any 
6 time for purposes of verifying
the offender's 
7 compliance with the conditions of his confinement; and


8   (iii) if further deemed necessary by the court or 
9 the
Probation or
Court Services Department, be placed 
10 on an approved
electronic monitoring device, subject 
11 to Article 8A of Chapter V;


12   (iv) for persons convicted of any alcohol, 
13 cannabis or controlled
substance violation who are 
14 placed on an approved monitoring device as a
condition 
15 of probation or conditional discharge, the court shall 
16 impose a
reasonable fee for each day of the use of the 
17 device, as established by the
county board in 
18 subsection (g) of this Section, unless after 
19 determining the
inability of the offender to pay the 
20 fee, the court assesses a lesser fee or no
fee as the 
21 case may be. This fee shall be imposed in addition to 
22 the fees
imposed under subsections (g) and (i) of this 
23 Section. The fee shall be
collected by the clerk of the 
24 circuit court, except as provided in an administrative 
25 order of the Chief Judge of the circuit court. The 
26 clerk of the circuit
court shall pay all monies 
 
 
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1 collected from this fee to the county treasurer
for 
2 deposit in the substance abuse services fund under 
3 Section 5-1086.1 of
the Counties Code, except as 
4 provided in an administrative order of the Chief Judge 
5 of the circuit court.
6   The Chief Judge of the circuit court of the county 
7 may by administrative order establish a program for 
8 electronic monitoring of offenders, in which a vendor 
9 supplies and monitors the operation of the electronic 
10 monitoring device, and collects the fees on behalf of 
11 the county. The program shall include provisions for 
12 indigent offenders and the collection of unpaid fees. 
13 The program shall not unduly burden the offender and 
14 shall be subject to review by the Chief Judge.
15   The Chief Judge of the circuit court may suspend 
16 any additional charges or fees for late payment, 
17 interest, or damage to any device; and


18   (v) for persons convicted of offenses other than 
19 those referenced in
clause (iv) above and who are 
20 placed on an approved monitoring device as a
condition 
21 of probation or conditional discharge, the court shall 
22 impose
a reasonable fee for each day of the use of the 
23 device, as established by the
county board in 
24 subsection (g) of this Section, unless after 
25 determining the
inability of the defendant to pay the 
26 fee, the court assesses a lesser fee or
no fee as the 
 
 
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1 case may be. This fee shall be imposed in addition to 
2 the fees
imposed under subsections (g) and (i) of this 
3 Section. The fee
shall be collected by the clerk of the 
4 circuit court, except as provided in an administrative 
5 order of the Chief Judge of the circuit court. The 
6 clerk of the circuit
court shall pay all monies 
7 collected from this fee
to the county treasurer who 
8 shall use the monies collected to defray the
costs of 
9 corrections. The county treasurer shall deposit the 
10 fee
collected in the probation and court services 
11 fund.
The Chief Judge of the circuit court of the 
12 county may by administrative order establish a program 
13 for electronic monitoring of offenders, in which a 
14 vendor supplies and monitors the operation of the 
15 electronic monitoring device, and collects the fees on 
16 behalf of the county. The program shall include 
17 provisions for indigent offenders and the collection 
18 of unpaid fees. The program shall not unduly burden 
19 the offender and shall be subject to review by the 
20 Chief Judge. 

21   The Chief Judge of the circuit court may suspend 
22 any additional charges or fees for late payment, 
23 interest, or damage to any device. 
24  (11) comply with the terms and conditions of an order 
25 of protection issued
by the court pursuant to the Illinois 
26 Domestic Violence Act of 1986,
as now or hereafter 
 
 
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1 amended, or an order of protection issued by the court of

2 another state, tribe, or United States territory. A copy 
3 of the order of
protection shall be
transmitted to the 
4 probation officer or agency
having responsibility for the 
5 case;


6  (12) reimburse any "local anti-crime program" as 
7 defined in Section 7
of the Anti-Crime Advisory Council 
8 Act for any reasonable expenses incurred
by the program on 
9 the offender's case, not to exceed the maximum amount of

10 the fine authorized for the offense for which the 
11 defendant was sentenced;


12  (13) contribute a reasonable sum of money, not to 
13 exceed the maximum
amount of the fine authorized for the

14 offense for which the defendant was sentenced, (i) to a 
15 "local anti-crime
program", as defined in Section 7 of the 
16 Anti-Crime Advisory Council Act, or (ii) for offenses 
17 under the jurisdiction of the Department of Natural 
18 Resources, to the fund established by the Department of 
19 Natural Resources for the purchase of evidence for 
20 investigation purposes and to conduct investigations as 
21 outlined in Section 805-105 of the Department of Natural 
22 Resources (Conservation) Law;


23  (14) refrain from entering into a designated 
24 geographic area except upon
such terms as the court finds 
25 appropriate. Such terms may include
consideration of the 
26 purpose of the entry, the time of day, other persons

 
 
10200HB1091ham001- 176 -LRB102 03105 RLC 25522 a


1 accompanying the defendant, and advance approval by a

2 probation officer, if
the defendant has been placed on 
3 probation or advance approval by the
court, if the 
4 defendant was placed on conditional discharge;


5  (15) refrain from having any contact, directly or 
6 indirectly, with
certain specified persons or particular 
7 types of persons, including but not
limited to members of 
8 street gangs and drug users or dealers;


9  (16) refrain from having in his or her body the 
10 presence of any illicit
drug prohibited by the Cannabis 
11 Control Act, the Illinois Controlled
Substances Act, or 
12 the Methamphetamine Control and Community Protection Act, 
13 unless prescribed by a physician, and submit samples of

14 his or her blood or urine or both for tests to determine 
15 the presence of any
illicit drug;

16  (17) if convicted for an offense committed on or after 
17 June 1, 2008 (the effective date of Public Act 95-464) 
18 that would qualify the accused as a child sex offender as 
19 defined in Section 11-9.3 or 11-9.4 of the Criminal Code 
20 of 1961 or the Criminal Code of 2012, refrain from 
21 communicating with or contacting, by means of the 
22 Internet, a person who is related to the accused and whom 
23 the accused reasonably believes to be under 18 years of 
24 age; for purposes of this paragraph (17), "Internet" has 
25 the meaning ascribed to it in Section 16-0.1 of the 
26 Criminal Code of 2012; and a person is related to the 
 
 
10200HB1091ham001- 177 -LRB102 03105 RLC 25522 a


1 accused if the person is: (i) the spouse, brother, or 
2 sister of the accused; (ii) a descendant of the accused; 
3 (iii) a first or second cousin of the accused; or (iv) a 
4 step-child or adopted child of the accused;
5  (18) if convicted for an offense committed on or after 
6 June 1, 2009 (the effective date of Public Act 95-983) 
7 that would qualify as a sex offense as defined in the Sex 
8 Offender Registration Act:
9   (i) not access or use a computer or any other 
10 device with Internet capability without the prior 
11 written approval of the offender's probation officer, 
12 except in connection with the offender's employment or 
13 search for employment with the prior approval of the 
14 offender's probation officer;
15   (ii) submit to periodic unannounced examinations 
16 of the offender's computer or any other device with 
17 Internet capability by the offender's probation 
18 officer, a law enforcement officer, or assigned 
19 computer or information technology specialist, 
20 including the retrieval and copying of all data from 
21 the computer or device and any internal or external 
22 peripherals and removal of such information, 
23 equipment, or device to conduct a more thorough 
24 inspection;
25   (iii) submit to the installation on the offender's 
26 computer or device with Internet capability, at the 
 
 
10200HB1091ham001- 178 -LRB102 03105 RLC 25522 a


1 subject's expense, of one or more hardware or software 
2 systems to monitor the Internet use; and
3   (iv) submit to any other appropriate restrictions 
4 concerning the offender's use of or access to a 
5 computer or any other device with Internet capability 
6 imposed by the offender's probation officer; and 
7  (19) refrain from possessing a firearm or other 
8 dangerous weapon where the offense is a misdemeanor that 
9 did not involve the intentional or knowing infliction of 
10 bodily harm or threat of bodily harm. 
11 (c) The court may as a condition of probation or of 
12conditional
discharge require that a person under 18 years of 
13age found guilty of any
alcohol, cannabis or controlled 
14substance violation, refrain from acquiring
a driver's license 
15during
the period of probation or conditional discharge. If 
16such person
is in possession of a permit or license, the court 
17may require that
the minor refrain from driving or operating 
18any motor vehicle during the
period of probation or 
19conditional discharge, except as may be necessary in
the 
20course of the minor's lawful employment.


21 (d) An offender sentenced to probation or to conditional 
22discharge
shall be given a certificate setting forth the 
23conditions thereof.


24 (e) Except where the offender has committed a fourth or 
25subsequent
violation of subsection (c) of Section 6-303 of the 
26Illinois Vehicle Code,
the court shall not require as a 
 
 
10200HB1091ham001- 179 -LRB102 03105 RLC 25522 a


1condition of the sentence of
probation or conditional 
2discharge that the offender be committed to a
period of 
3imprisonment in excess of 6 months.
This 6-month limit shall 
4not include periods of confinement given pursuant to
a 
5sentence of county impact incarceration under Section 5-8-1.2.

6 Persons committed to imprisonment as a condition of 
7probation or
conditional discharge shall not be committed to 
8the Department of
Corrections.


9 (f) The court may combine a sentence of periodic 
10imprisonment under
Article 7 or a sentence to a county impact 
11incarceration program under
Article 8 with a sentence of 
12probation or conditional discharge.


13 (g) An offender sentenced to probation or to conditional 
14discharge and
who during the term of either undergoes 
15mandatory drug or alcohol testing,
or both, or is assigned to 
16be placed on an approved electronic monitoring
device, shall 
17be ordered to pay all costs incidental to such mandatory drug

18or alcohol testing, or both, and all costs
incidental to such 
19approved electronic monitoring in accordance with the

20defendant's ability to pay those costs. The county board with

21the concurrence of the Chief Judge of the judicial
circuit in 
22which the county is located shall establish reasonable fees 
23for
the cost of maintenance, testing, and incidental expenses 
24related to the
mandatory drug or alcohol testing, or both, and 
25all costs incidental to
approved electronic monitoring, 
26involved in a successful probation program
for the county. The 
 
 
10200HB1091ham001- 180 -LRB102 03105 RLC 25522 a


1concurrence of the Chief Judge shall be in the form of
an 
2administrative order.
The fees shall be collected by the clerk 
3of the circuit court, except as provided in an administrative 
4order of the Chief Judge of the circuit court. The clerk of
the 
5circuit court shall pay all moneys collected from these fees 
6to the county
treasurer who shall use the moneys collected to 
7defray the costs of
drug testing, alcohol testing, and 
8electronic monitoring.
The county treasurer shall deposit the 
9fees collected in the
county working cash fund under Section 
106-27001 or Section 6-29002 of the
Counties Code, as the case 
11may be.
The Chief Judge of the circuit court of the county may 
12by administrative order establish a program for electronic 
13monitoring of offenders, in which a vendor supplies and 
14monitors the operation of the electronic monitoring device, 
15and collects the fees on behalf of the county. The program 
16shall include provisions for indigent offenders and the 
17collection of unpaid fees. The program shall not unduly burden 
18the offender and shall be subject to review by the Chief Judge. 

19 The Chief Judge of the circuit court may suspend any 
20additional charges or fees for late payment, interest, or 
21damage to any device. 
22 (h) Jurisdiction over an offender may be transferred from 
23the
sentencing court to the court of another circuit with the 
24concurrence of
both courts. Further transfers or retransfers 
25of
jurisdiction are also
authorized in the same manner. The 
26court to which jurisdiction has been
transferred shall have 
 
 
10200HB1091ham001- 181 -LRB102 03105 RLC 25522 a


1the same powers as the sentencing court.
The probation 
2department within the circuit to which jurisdiction has been 
3transferred, or which has agreed to provide supervision, may 
4impose probation fees upon receiving the transferred offender, 
5as provided in subsection (i). For all transfer cases, as 
6defined in Section 9b of the Probation and Probation Officers 
7Act, the probation department from the original sentencing 
8court shall retain all probation fees collected prior to the 
9transfer. After the transfer,
all probation fees shall be paid 
10to the probation department within the
circuit to which 
11jurisdiction has been transferred.

12 (i) The court shall impose upon an offender
sentenced to 
13probation after January 1, 1989 or to conditional discharge

14after January 1, 1992 or to community service under the 
15supervision of a
probation or court services department after 
16January 1, 2004, as a condition of such probation or 
17conditional
discharge or supervised community service, a fee 
18of $50
for each month of probation or
conditional
discharge 
19supervision or supervised community service ordered by the 
20court, unless after
determining the inability of the person 
21sentenced to probation or conditional
discharge or supervised 
22community service to pay the
fee, the court assesses a lesser 
23fee. The court may not impose the fee on a
minor who is placed 
24in the guardianship or custody of the Department of Children 
25and Family Services under the Juvenile Court Act of 1987
while 
26the minor is in placement.
The fee shall be imposed only upon

 
 
10200HB1091ham001- 182 -LRB102 03105 RLC 25522 a


1an offender who is actively supervised by the
probation and 
2court services
department. The fee shall be collected by the 
3clerk
of the circuit court. The clerk of the circuit court 
4shall pay all monies
collected from this fee to the county 
5treasurer for deposit in the
probation and court services fund 
6under Section 15.1 of the
Probation and Probation Officers 
7Act.

8 A circuit court may not impose a probation fee under this 
9subsection (i) in excess of $25
per month unless the circuit 
10court has adopted, by administrative
order issued by the chief 
11judge, a standard probation fee guide
determining an 
12offender's ability to pay. Of the
amount collected as a 
13probation fee, up to $5 of that fee
collected per month may be 
14used to provide services to crime victims
and their families.
15 The Court may only waive probation fees based on an 
16offender's ability to pay. The probation department may 
17re-evaluate an offender's ability to pay every 6 months, and, 
18with the approval of the Director of Court Services or the 
19Chief Probation Officer, adjust the monthly fee amount. An 
20offender may elect to pay probation fees due in a lump sum.
Any 
21offender that has been assigned to the supervision of a 
22probation department, or has been transferred either under 
23subsection (h) of this Section or under any interstate 
24compact, shall be required to pay probation fees to the 
25department supervising the offender, based on the offender's 
26ability to pay.


 
 
10200HB1091ham001- 183 -LRB102 03105 RLC 25522 a


1 Public Act 93-970 deletes the $10 increase in the fee 
2under this subsection that was imposed by Public Act 93-616. 
3This deletion is intended to control over any other Act of the 
493rd General Assembly that retains or incorporates that fee 
5increase.
6 (i-5) In addition to the fees imposed under subsection (i) 
7of this Section, in the case of an offender convicted of a 
8felony sex offense (as defined in the Sex Offender Management 
9Board Act) or an offense that the court or probation 
10department has determined to be sexually motivated (as defined 
11in the Sex Offender Management Board Act), the court or the 
12probation department shall assess additional fees to pay for 
13all costs of treatment, assessment, evaluation for risk and 
14treatment, and monitoring the offender, based on that 
15offender's ability to pay those costs either as they occur or 
16under a payment plan.
17 (j) All fines and costs imposed under this Section for any 
18violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle 
19Code, or a similar
provision of a local ordinance, and any 
20violation of the Child Passenger
Protection Act, or a similar 
21provision of a local ordinance, shall be
collected and 
22disbursed by the circuit clerk as provided under the Criminal 
23and Traffic Assessment Act.


24 (k) Any offender who is sentenced to probation or 
25conditional discharge for a felony sex offense as defined in 
26the Sex Offender Management Board Act or any offense that the 
 
 
10200HB1091ham001- 184 -LRB102 03105 RLC 25522 a


1court or probation department has determined to be sexually 
2motivated as defined in the Sex Offender Management Board Act 
3shall be required to refrain from any contact, directly or 
4indirectly, with any persons specified by the court and shall 
5be available for all evaluations and treatment programs 
6required by the court or the probation department.

7 (l) The court may order an offender who is sentenced to 
8probation or conditional
discharge for a violation of an order 
9of protection be placed under electronic surveillance as 
10provided in Section 5-8A-7 of this Code. 
11(Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16; 
12100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff. 
131-8-18; 100-987, eff. 7-1-19; revised 7-12-19.)".