Public Act 104-0005

HB0850 Enrolled LRB104 04748 BDA 14775 b

AN ACT concerning safety.

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

represented in the General Assembly:

Section 3. The Illinois State Police Law of the Civil

Administrative Code of Illinois is amended by adding Section

2605-625 as follows:

(20 ILCS 2605/2605-625 new)

Sec. 2605-625. Analysis and report of cumulative data

concerning stolen firearms or firearms with obliterated serial

numbers that were used or alleged to have been used in the

commission of offenses. The Illinois State Police shall

conduct an analysis of the cumulative data regarding the

disposition of cases involving a stolen firearm or a firearm

with an obliterated serial number that was used or alleged to

have been used in the commission of an offense and make that

information available on the Illinois State Police publicly

accessible databases. The Illinois State Police shall publish

the results of its analysis in a report to the General

Assembly, Governor, and Attorney General and shall make the

report available on its website.

Section 4. The Criminal Identification Act is amended by

changing Section 2.1 as follows:

(20 ILCS 2630/2.1)    (from Ch. 38, par. 206-2.1)

Sec. 2.1. For the purpose of maintaining complete and

accurate criminal records of the Illinois State Police, it is

necessary for all policing bodies of this State, the clerk of

the circuit court, the Illinois Department of Corrections, the

sheriff of each county, and State's Attorney of each county to

submit certain criminal arrest, charge, and disposition

information to the Illinois State Police for filing at the

earliest time possible. Unless otherwise noted herein, it

shall be the duty of all policing bodies of this State, the

clerk of the circuit court, the Illinois Department of

Corrections, the sheriff of each county, and the State's

Attorney of each county to report such information as provided

in this Section, both in the form and manner required by the

Illinois State Police and within 30 days of the criminal

history event. Specifically:

(a) Arrest Information. All agencies making arrests

for offenses which are required by statute to be

collected, maintained or disseminated by the Illinois

State Police shall be responsible for furnishing daily to

the Illinois State Police fingerprints, charges and

descriptions of all persons who are arrested for such

offenses. All such agencies shall also notify the Illinois

State Police of all decisions by the arresting agency not

to refer such arrests for prosecution. With approval of

the Illinois State Police, an agency making such arrests

may enter into arrangements with other agencies for the

purpose of furnishing daily such fingerprints, charges and

descriptions to the Illinois State Police upon its behalf.

(b) Charge Information. The State's Attorney of each

county shall notify the Illinois State Police of all

charges filed and all petitions filed alleging that a

minor is delinquent, including all those added subsequent

to the filing of a case, and whether charges were not filed

in cases for which the Illinois State Police has received

information required to be reported pursuant to paragraph

(a) of this Section. With approval of the Illinois State

Police, the State's Attorney may enter into arrangements

with other agencies for the purpose of furnishing the

information required by this subsection (b) to the

Illinois State Police upon the State's Attorney's behalf.

(c) Disposition Information. The clerk of the circuit

court of each county shall furnish the Illinois State

Police, in the form and manner required by the Supreme

Court, with all final dispositions of cases for which the

Illinois State Police has received information required to

be reported pursuant to paragraph (a) or (d) of this

Section. Such information shall include, for each charge,

all (1) judgments of not guilty, judgments of guilty

including the sentence pronounced by the court with

statutory citations to the relevant sentencing provision,

findings that a minor is delinquent and any sentence made

based on those findings, discharges and dismissals in the

court; (2) reviewing court orders filed with the clerk of

the circuit court which reverse or remand a reported

conviction or findings that a minor is delinquent or that

vacate or modify a sentence or sentence made following a

trial that a minor is delinquent; (3) continuances to a

date certain in furtherance of an order of supervision

granted under Section 5-6-1 of the Unified Code of

Corrections or an order of probation granted under Section

10 of the Cannabis Control Act, Section 410 of the

Illinois Controlled Substances Act, Section 70 of the

Methamphetamine Control and Community Protection Act,

Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of

the Criminal Code of 1961 or the Criminal Code of 2012,

Section 10-102 of the Illinois Alcoholism and Other Drug

Dependency Act, Section 40-10 of the Substance Use

Disorder Act, Section 10 of the Steroid Control Act, or

Section 5-615 of the Juvenile Court Act of 1987; and (4)

judgments or court orders terminating or revoking a

sentence to or juvenile disposition of probation,

supervision or conditional discharge and any resentencing

or new court orders entered by a juvenile court relating

to the disposition of a minor's case involving delinquency

after such revocation; and (5) in any case in which a

firearm is alleged to have been used in the commission of

an offense, the serial number of any firearm involved in

the case, or if the serial number was obliterated, as

provided by the State's Attorney to the clerk of the

circuit court at the time of disposition.

(d) Fingerprints After Sentencing.

(1) After the court pronounces sentence, sentences

a minor following a trial in which a minor was found to

be delinquent or issues an order of supervision or an

order of probation granted under Section 10 of the

Cannabis Control Act, Section 410 of the Illinois

Controlled Substances Act, Section 70 of the

Methamphetamine Control and Community Protection Act,

Section 12-4.3 or subdivision (b)(1) of Section

12-3.05 of the Criminal Code of 1961 or the Criminal

Code of 2012, Section 10-102 of the Illinois

Alcoholism and Other Drug Dependency Act, Section

40-10 of the Substance Use Disorder Act, Section 10 of

the Steroid Control Act, or Section 5-615 of the

Juvenile Court Act of 1987 for any offense which is

required by statute to be collected, maintained, or

disseminated by the Illinois State Police, the State's

Attorney of each county shall ask the court to order a

law enforcement agency to fingerprint immediately all

persons appearing before the court who have not

previously been fingerprinted for the same case. The

court shall so order the requested fingerprinting, if

it determines that any such person has not previously

been fingerprinted for the same case. The law

enforcement agency shall submit such fingerprints to

the Illinois State Police daily.

(2) After the court pronounces sentence or makes a

disposition of a case following a finding of

delinquency for any offense which is not required by

statute to be collected, maintained, or disseminated

by the Illinois State Police, the prosecuting attorney

may ask the court to order a law enforcement agency to

fingerprint immediately all persons appearing before

the court who have not previously been fingerprinted

for the same case. The court may so order the requested

fingerprinting, if it determines that any so sentenced

person has not previously been fingerprinted for the

same case. The law enforcement agency may retain such

fingerprints in its files.

(e) Corrections Information. The Illinois Department

of Corrections and the sheriff of each county shall

furnish the Illinois State Police with all information

concerning the receipt, escape, execution, death, release,

pardon, parole, commutation of sentence, granting of

executive clemency or discharge of an individual who has

been sentenced or committed to the agency's custody for

any offenses which are mandated by statute to be

collected, maintained or disseminated by the Illinois

State Police. For an individual who has been charged with

any such offense and who escapes from custody or dies

while in custody, all information concerning the receipt

and escape or death, whichever is appropriate, shall also

be so furnished to the Illinois State Police.

(Source: P.A. 102-538, eff. 8-20-21.)

Section 5. The Firearm Owners Identification Card Act is

amended by changing Sections 8.1, 10, and 11 and by adding

Section 15c as follows:

(430 ILCS 65/8.1)    (from Ch. 38, par. 83-8.1)

Sec. 8.1. Notifications to the Illinois State Police.

(a) The Circuit Clerk shall, in the form and manner

required by the Supreme Court, notify the Illinois State

Police of all final dispositions of cases for which the

Department has received information reported to it under

Sections 2.1 and 2.2 of the Criminal Identification Act.

(b) Upon adjudication of any individual as a person with a

mental disability as defined in Section 1.1 of this Act or a

finding that a person has been involuntarily admitted, the

court shall direct the circuit court clerk to immediately

notify the Illinois State Police, Firearm Owner's

Identification (FOID) department, and shall forward a copy of

the court order to the Department.

(b-1) Beginning July 1, 2016, and each July 1 and December

30 of every year thereafter, the circuit court clerk shall, in

the form and manner prescribed by the Illinois State Police,

notify the Illinois State Police, Firearm Owner's

Identification (FOID) department if the court has not directed

the circuit court clerk to notify the Illinois State Police,

Firearm Owner's Identification (FOID) department under

subsection (b) of this Section, within the preceding 6 months,

because no person has been adjudicated as a person with a

mental disability by the court as defined in Section 1.1 of

this Act or if no person has been involuntarily admitted. The

Supreme Court may adopt any orders or rules necessary to

identify the persons who shall be reported to the Illinois

State Police under subsection (b), or any other orders or

rules necessary to implement the requirements of this Act.

(c) The Department of Human Services shall, in the form

and manner prescribed by the Illinois State Police, report all

information collected under subsection (b) of Section 12 of

the Mental Health and Developmental Disabilities

Confidentiality Act for the purpose of determining whether a

person who may be or may have been a patient in a mental health

facility is disqualified under State or federal law from

receiving or retaining a Firearm Owner's Identification Card,

or purchasing a weapon.

(d) If a person is determined to pose a clear and present

danger to himself, herself, or to others:

(1) by a physician, clinical psychologist, or

qualified examiner, or is determined to have a

developmental disability by a physician, clinical

psychologist, or qualified examiner, whether employed by

the State or privately, then the physician, clinical

psychologist, or qualified examiner shall, within 24 hours

of making the determination, notify the Department of

Human Services that the person poses a clear and present

danger or has a developmental disability; or

(2) by a law enforcement official or school

administrator, then the law enforcement official or school

administrator shall, within 24 hours of making the

determination, notify the Illinois State Police that the

person poses a clear and present danger.

The Department of Human Services shall immediately update

its records and information relating to mental health and

developmental disabilities, and if appropriate, shall under

paragraph (1) of subsection (d) of this Section notify the

Illinois State Police in a form and manner prescribed by the

Illinois State Police. The Illinois State Police shall deny

the application or suspend or determine whether to revoke the

person's Firearm Owner's Identification Card under Section 8

of this Act. Any information disclosed under this subsection

shall remain privileged and confidential, and shall not be

redisclosed, except as required under subsection (e) of

Section 3.1 and subsection (c-5) or (f) of Section 10 of this

Act, nor used for any other purpose. The method of providing

this information shall guarantee that the information is not

released beyond what is necessary for the purpose of these

Sections. Reports from the Department of Human Services this

Section and shall be provided by rule by the Department of

Human Services. The identity of the person reporting under

paragraph (1) of subsection (d) of this Section shall only not

be disclosed to the subject of the report if required by the

Board or a court with jurisdiction consistent with proceedings

under subsections (c-5) or (f) of Section 10 of this Act.

The law enforcement official or school administrator under

paragraph (2) of subsection (d) of this Section shall notify

the Illinois State Police in the form and manner prescribed by

the Illinois State Police. The Illinois State Police shall

determine whether to deny the application or suspend or revoke

the person's Firearm Owner's Identification Card under Section

8 of this Act. Any information disclosed under this subsection

shall remain confidential and shall not be redisclosed or used

for any other purpose except as required under subsection (e)

of Section 3.1 and subsection (c-5) or (f) of Section 10 of

this Act. The method of providing this information shall

guarantee that the information is not released beyond what is

necessary for the purpose of these Sections. The identity of

the person reporting under paragraph (2) of subsection (d) of

this Section shall be disclosed only to the subject of the

report if required by the Board or a court with jurisdiction

consistent with proceedings under subsection (c-5) or (f) of

Section 10 this Act.

The physician, clinical psychologist, qualified examiner,

law enforcement official, or school administrator making the

determination and his or her employer shall not be held

criminally, civilly, or professionally liable for making or

not making the notification required under this subsection,

except for willful or wanton misconduct.

(e) The Illinois State Police shall adopt rules to

implement this Section.

(Source: P.A. 102-538, eff. 8-20-21.)

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

Sec. 10. Appeals; hearing; relief from firearm

prohibitions.

(a) Whenever an application for a Firearm Owner's

Identification Card is denied or whenever such a Card is

suspended or revoked or seized as provided for in Section 8,

8.2, or 8.3 of this Act, upon complying with the requirements

of Section 9.5 of the Act, the aggrieved party may (1) file a

record challenge with the Director regarding the record upon

which the decision to deny or revoke the Firearm Owner's

Identification Card was based under subsection (a-5); or (2)

appeal to the Director of the Illinois State Police through

December 31, 2022, or beginning January 1, 2023, the Firearm

Owner's Identification Card Review Board for a hearing seeking

relief from such denial, suspension, or revocation unless the

denial, suspension, or revocation was based upon a forcible

felony, stalking, aggravated stalking, domestic battery, any

violation of the Illinois Controlled Substances Act, the

Methamphetamine Control and Community Protection Act, or the

Cannabis Control Act that is classified as a Class 2 or greater

felony, any felony violation of Article 24 of the Criminal

Code of 1961 or the Criminal Code of 2012, or any adjudication

as a delinquent minor for the commission of an offense that if

committed by an adult would be a felony, in which case the

aggrieved party may petition the circuit court in writing in

the county of his or her residence for a hearing seeking relief

from such denial or revocation.

(a-5) There is created a Firearm Owner's Identification

Card Review Board to consider any appeal under subsection (a)

beginning January 1, 2023, other than an appeal directed to

the circuit court and except when the applicant is challenging

the record upon which the decision to deny or revoke was based

as provided in subsection (a-10).

(0.05) In furtherance of the policy of this Act that

the Board shall exercise its powers and duties in an

independent manner, subject to the provisions of this Act

but free from the direction, control, or influence of any

other agency or department of State government. All

expenses and liabilities incurred by the Board in the

performance of its responsibilities hereunder shall be

paid from funds which shall be appropriated to the Board

by the General Assembly for the ordinary and contingent

expenses of the Board.

(1) The Board shall consist of 7 members appointed by

the Governor, with the advice and consent of the Senate,

with 3 members residing within the First Judicial District

and one member residing within each of the 4 remaining

Judicial Districts. No more than 4 members shall be

members of the same political party. The Governor shall

designate one member as the chairperson. The members shall

have actual experience in law, education, social work,

behavioral sciences, law enforcement, or community affairs

or in a combination of those areas.

(2) The terms of the members initially appointed after

January 1, 2022 (the effective date of Public Act 102-237)

shall be as follows: one of the initial members shall be

appointed for a term of one year, 3 shall be appointed for

terms of 2 years, and 3 shall be appointed for terms of 4

years. Thereafter, members shall hold office for 4 years,

with terms expiring on the second Monday in January

immediately following the expiration of their terms and

every 4 years thereafter. Members may be reappointed.

Vacancies in the office of member shall be filled in the

same manner as the original appointment, for the remainder

of the unexpired term. The Governor may remove a member

for incompetence, neglect of duty, malfeasance, or

inability to serve. Members shall receive compensation in

an amount equal to the compensation of members of the

Executive Ethics Commission and, beginning July 1, 2023,

shall be compensated from appropriations provided to the

Comptroller for this purpose. Members may be reimbursed,

from funds appropriated for such a purpose, for reasonable

expenses actually incurred in the performance of their

Board duties. The Illinois State Police shall designate an

employee to serve as Executive Director of the Board and

provide logistical and administrative assistance to the

Board.

(3) The Board shall meet at least quarterly each year

and at the call of the chairperson as often as necessary to

consider appeals of decisions made with respect to

applications for a Firearm Owner's Identification Card

under this Act. If necessary to ensure the participation

of a member, the Board shall allow a member to participate

in a Board meeting by electronic communication. Any member

participating electronically shall be deemed present for

purposes of establishing a quorum and voting.

(4) The Board shall adopt rules for the review of

appeals and the conduct of hearings. The Board shall

maintain a record of its decisions and all materials

considered in making its decisions. All Board decisions

and voting records shall be kept confidential and all

materials considered by the Board shall be exempt from

inspection except upon order of a court.

(5) In considering an appeal, the Board shall review

the materials received concerning the denial or revocation

by the Illinois State Police. By a vote of at least 4

members, the Board may request additional information from

the Illinois State Police or the applicant or the

testimony of the Illinois State Police or the applicant.

The Board may require that the applicant submit electronic

fingerprints to the Illinois State Police for an updated

background check if the Board determines it lacks

sufficient information to determine eligibility. The Board

may consider information submitted by the Illinois State

Police, a law enforcement agency, or the applicant. The

Board shall review each denial or revocation and determine

by a majority of members whether an applicant should be

granted relief under subsection (c).

(6) The Board shall by order issue summary decisions.

The Board shall issue a decision within 45 days of

receiving all completed appeal documents from the Illinois

State Police and the applicant. However, the Board need

not issue a decision within 45 days if:

(A) the Board requests information from the

applicant, including, but not limited to, electronic

fingerprints to be submitted to the Illinois State

Police, in accordance with paragraph (5) of this

subsection, in which case the Board shall make a

decision within 30 days of receipt of the required

information from the applicant;

(B) the applicant agrees, in writing, to allow the

Board additional time to consider an appeal; or

(C) the Board notifies the applicant and the

Illinois State Police that the Board needs an

additional 30 days to issue a decision. The Board may

only issue 2 extensions under this subparagraph (C).

The Board's notification to the applicant and the

Illinois State Police shall include an explanation for

the extension.

(7) If the Board determines that the applicant is

eligible for relief under subsection (c), the Board shall

notify the applicant and the Illinois State Police that

relief has been granted and the Illinois State Police

shall issue the Card.

(8) Meetings of the Board shall not be subject to the

Open Meetings Act and records of the Board shall not be

subject to the Freedom of Information Act.

(9) The Board shall report monthly to the Governor and

the General Assembly on the number of appeals received and

provide details of the circumstances in which the Board

has determined to deny Firearm Owner's Identification

Cards under this subsection (a-5). The report shall not

contain any identifying information about the applicants.

(a-10) Whenever an applicant or cardholder is not seeking

relief from a firearms prohibition under subsection (c) but

rather does not believe the applicant is appropriately denied

or revoked and is challenging the record upon which the

decision to deny or revoke the Firearm Owner's Identification

Card was based, or whenever the Illinois State Police fails to

act on an application within 30 days of its receipt, the

applicant shall file such challenge with the Director. The

Director shall render a decision within 60 business days of

receipt of all information supporting the challenge. The

Illinois State Police shall adopt rules for the review of a

record challenge.

(b) At least 30 days before any hearing in the circuit

court, the petitioner shall serve the relevant State's

Attorney with a copy of the petition. The State's Attorney may

object to the petition and present evidence. At the hearing,

the court shall determine whether substantial justice has been

done. Should the court determine that substantial justice has

not been done, the court shall issue an order directing the

Illinois State Police to issue a Card. However, the court

shall not issue the order if the petitioner is otherwise

prohibited from obtaining, possessing, or using a firearm

under federal law.

(c) Any person prohibited from possessing a firearm under

Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or

acquiring a Firearm Owner's Identification Card under Section

8 of this Act may apply to the Firearm Owner's Identification

Card Review Board or petition the circuit court in the county

where the petitioner resides, whichever is applicable in

accordance with subsection (a) of this Section, requesting

relief from such prohibition and the Board or court may grant

such relief if it is established by the applicant to the

court's or the Board's satisfaction that:

(0.05) when in the circuit court, the State's Attorney

has been served with a written copy of the petition at

least 30 days before any such hearing in the circuit court

and at the hearing the State's Attorney was afforded an

opportunity to present evidence and object to the

petition;

(1) the applicant has not been convicted of a forcible

felony under the laws of this State or any other

jurisdiction within 20 years of the applicant's

application for a Firearm Owner's Identification Card, or

at least 20 years have passed since the end of any period

of imprisonment imposed in relation to that conviction;

(2) the circumstances regarding a criminal conviction,

where applicable, the applicant's criminal history and his

reputation are such that the applicant will not be likely

to act in a manner dangerous to public safety;

(3) granting relief would not be contrary to the

public interest; and

(4) granting relief would not be contrary to federal

law.

(c-5) (1) An active law enforcement officer employed by a

unit of government or a Department of Corrections employee

authorized to possess firearms who is denied, revoked, or has

his or her Firearm Owner's Identification Card seized under

subsection (e) of Section 8 of this Act may apply to the

Firearm Owner's Identification Card Review Board requesting

relief if the officer or employee did not act in a manner

threatening to the officer or employee, another person, or the

public as determined by the treating clinical psychologist or

physician, and as a result of his or her work is referred by

the employer for or voluntarily seeks mental health evaluation

or treatment by a licensed clinical psychologist,

psychiatrist, or qualified examiner, and:

(A) the officer or employee has not received treatment

involuntarily at a mental health facility, regardless of

the length of admission; or has not been voluntarily

admitted to a mental health facility for more than 30 days

and not for more than one incident within the past 5 years;

and

(B) the officer or employee has not left the mental

institution against medical advice.

(2) The Firearm Owner's Identification Card Review Board

shall grant expedited relief to active law enforcement

officers and employees described in paragraph (1) of this

subsection (c-5) upon a determination by the Board that the

officer's or employee's possession of a firearm does not

present a threat to themselves, others, or public safety. The

Board shall act on the request for relief within 30 business

days of receipt of:

(A) a notarized statement from the officer or employee

in the form prescribed by the Board detailing the

circumstances that led to the hospitalization;

(B) all documentation regarding the admission,

evaluation, treatment and discharge from the treating

licensed clinical psychologist or psychiatrist of the

officer;

(C) a psychological fitness for duty evaluation of the

person completed after the time of discharge; and

(D) written confirmation in the form prescribed by the

Board from the treating licensed clinical psychologist or

psychiatrist that the provisions set forth in paragraph

(1) of this subsection (c-5) have been met, the person

successfully completed treatment, and their professional

opinion regarding the person's ability to possess

firearms.

(3) Officers and employees eligible for the expedited

relief in paragraph (2) of this subsection (c-5) have the

burden of proof on eligibility and must provide all

information required. The Board may not consider granting

expedited relief until the proof and information is received.

(4) "Clinical psychologist", "psychiatrist", and

"qualified examiner" shall have the same meaning as provided

in Chapter I of the Mental Health and Developmental

Disabilities Code.

(5) No later than January 1, 2026, the Firearm Owner's

Identification Card Review Board shall establish a process by

which any person who is subject to the provisions of

subsection (f) of Section 8 of this Act may request expedited

review from the Firearm Owner's Identification Card Review

Board.

(A) The Board shall disclose to an individual

requesting an expedited review any information relating to

the individual that was provided by the Department under

subsection (d) of Section 8.1, subject to redactions.

(B) The individual requesting expedited review may

submit to the Firearm Owner's Identification Card Review

Board an objection to any redaction made pursuant to

subparagraph (A) of paragraph (5) of subsection (c-5) of

this Section. The objection must specify the basis for the

individual's belief that the redacted information is

necessary for a full and fair review.

(C) In determining whether information should be

unredacted, the Board may consider any relevant factor,

including, but not limited to, (i) the extent to which the

disclosure of such information is necessary to provide the

individual with a meaningful opportunity to understand,

respond to, or rebut evidence for the basis for the denial

or revocation and (ii) the safety and well-being of any

person who, directly or indirectly, is the source or

reporter of such information.

(D) The Board, Illinois State Police, or the employees

and agents of the Board and Illinois State Police

participating in this process under this Act shall not be

held liable for damages in any civil action arising from

the disclosure or non-disclosure of the information

released to an individual as part of this process.

(c-10) (1) An applicant, who is denied, revoked, or has

his or her Firearm Owner's Identification Card seized under

subsection (e) of Section 8 of this Act based upon a

determination of a developmental disability or an intellectual

disability may apply to the Firearm Owner's Identification

Card Review Board requesting relief.

(2) The Board shall act on the request for relief within 60

business days of receipt of written certification, in the form

prescribed by the Board, from a physician or clinical

psychologist, or qualified examiner, that the aggrieved

party's developmental disability or intellectual disability

condition is determined by a physician, clinical psychologist,

or qualified to be mild. If a fact-finding conference is

scheduled to obtain additional information concerning the

circumstances of the denial or revocation, the 60 business

days the Director has to act shall be tolled until the

completion of the fact-finding conference.

(3) The Board may grant relief if the aggrieved party's

developmental disability or intellectual disability is mild as

determined by a physician, clinical psychologist, or qualified

examiner and it is established by the applicant to the Board's

satisfaction that:

(A) granting relief would not be contrary to the

public interest; and

(B) granting relief would not be contrary to federal

law.

(4) The Board may not grant relief if the condition is

determined by a physician, clinical psychologist, or qualified

examiner to be moderate, severe, or profound.

(5) The changes made to this Section by Public Act 99-29

apply to requests for relief pending on or before July 10, 2015

(the effective date of Public Act 99-29), except that the

60-day period for the Director to act on requests pending

before the effective date shall begin on July 10, 2015 (the

effective date of Public Act 99-29). All appeals as provided

in subsection (a-5) pending on January 1, 2023 shall be

considered by the Board.

(d) When a minor is adjudicated delinquent for an offense

which if committed by an adult would be a felony, the court

shall notify the Illinois State Police.

(e) The court shall review the denial of an application or

the revocation of a Firearm Owner's Identification Card of a

person who has been adjudicated delinquent for an offense that

if committed by an adult would be a felony if an application

for relief has been filed at least 10 years after the

adjudication of delinquency and the court determines that the

applicant should be granted relief from disability to obtain a

Firearm Owner's Identification Card. If the court grants

relief, the court shall notify the Illinois State Police that

the disability has been removed and that the applicant is

eligible to obtain a Firearm Owner's Identification Card.

(f) Any person who is subject to the disabilities of 18

U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act

of 1968 because of an adjudication or commitment that occurred

under the laws of this State or who was determined to be

subject to the provisions of subsections (e), (f), or (g) of

Section 8 of this Act may apply to the Board Illinois State

Police requesting relief from that prohibition. The Board

shall grant the relief if it is established by a preponderance

of the evidence that the person will not be likely to act in a

manner dangerous to public safety and that granting relief

would not be contrary to the public interest. In making this

determination, the Board shall receive evidence concerning (i)

the circumstances regarding the firearms disabilities from

which relief is sought; (ii) the petitioner's mental health

and criminal history records, if any; (iii) the petitioner's

reputation, developed at a minimum through character witness

statements, testimony, or other character evidence; and (iv)

changes in the petitioner's condition or circumstances since

the disqualifying events relevant to the relief sought.

Notwithstanding any other provision of this Act or any other

law to the contrary, the Illinois State Police shall provide

the Board or any court with jurisdiction with all records

relevant to the request for relief under Section 8.1. If

relief is granted under this subsection or by order of a court

under this Section, the Director shall as soon as practicable

but in no case later than 15 business days, update, correct,

modify, or remove the person's record in any database that the

Illinois State Police makes available to the National Instant

Criminal Background Check System and notify the United States

Attorney General that the basis for the record being made

available no longer applies. The Illinois State Police shall

adopt rules for the administration of this Section.

(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1115, eff.

1-9-23; 102-1129, eff. 2-10-23; 103-605, eff. 7-1-24.)

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

Sec. 11. Judicial review of final administrative

decisions.

(a) All final administrative decisions of the Firearm

Owner's Identification Card Review Board under this Act,

including final administrative decisions of the Firearm

Owner's Identification Card Review Board made under the

expedited review process established under paragraph (5) of

subsection (c-5) of Section 10 of this Act, except final

administrative decisions of the Firearm Owner's Identification

Card Review Board to deny a person's application for relief

under subsection (f) of Section 10 of this Act, shall be

subject to judicial review under the provisions of the

Administrative Review Law, and all amendments and

modifications thereof, and the rules adopted pursuant thereto.

The term "administrative decision" is defined as in Section

3-101 of the Code of Civil Procedure. The Illinois State

Police or the individual seeking expedited relief may seek

judicial review upon receipt of a final administrative

decision under paragraph (5) of subsection (c-5) of Section 10

of this Act.

(b) Any final administrative decision by the Firearm

Owner's Identification Card Review Board to deny a person's

application for relief under subsection (f) of Section 10 of

this Act is subject to de novo judicial review by the circuit

court, and any party may offer evidence that is otherwise

proper and admissible without regard to whether that evidence

is part of the administrative record.

(c) The Firearm Owner's Identification Card Review Board

shall submit a report to the General Assembly on March 1 of

each year, beginning March 1, 1991, listing all final

decisions by a court of this State upholding, reversing, or

reversing in part any administrative decision made by the

Firearm Owner's Identification Card Review Board Illinois

State Police.

(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

102-813, eff. 5-13-22.)

(430 ILCS 65/15c new)

Sec. 15c. Civil immunity; Board, employees, and agents.

The Board and its employees and agents who participate in the

process established under this Act and the Illinois State

Police and its employees and agents who participate in the

process established under this Act shall not be held liable

for damages in any civil action arising from the alleged

wrongful or improper granting, denying, renewing, revoking,

suspending, or failing to grant, deny, renew, revoke, or

suspend a Firearm Owner's Identification Card.

Section 6. If and only if Senate Bill 8 of the 104th

General Assembly becomes law in the form in which it passed the

Senate on April 10, 2025, then the Unified Code of Corrections

is amended by changing Section 5-4-1 as follows:

(730 ILCS 5/5-4-1)    (from Ch. 38, par. 1005-4-1)

Sec. 5-4-1. Sentencing hearing.

(a) After a determination of guilt, a hearing shall be

held to impose the sentence. However, prior to the imposition

of sentence on an individual being sentenced for an offense

based upon a charge for a violation of Section 11-501 of the

Illinois Vehicle Code or a similar provision of a local

ordinance, the individual must undergo a professional

evaluation to determine if an alcohol or other drug abuse

problem exists and the extent of such a problem. Programs

conducting these evaluations shall be licensed by the

Department of Human Services. However, if the individual is

not a resident of Illinois, the court may, in its discretion,

accept an evaluation from a program in the state of such

individual's residence. The court shall make a specific

finding about whether the defendant is eligible for

participation in a Department impact incarceration program as

provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an

explanation as to why a sentence to impact incarceration is

not an appropriate sentence. The court may in its sentencing

order recommend a defendant for placement in a Department of

Corrections substance abuse treatment program as provided in

paragraph (a) of subsection (1) of Section 3-2-2 conditioned

upon the defendant being accepted in a program by the

Department of Corrections. At the hearing the court shall:

(1) consider the evidence, if any, received upon the

trial;

(2) consider any presentence reports;

(3) consider the financial impact of incarceration

based on the financial impact statement filed with the

clerk of the court by the Department of Corrections;

(4) consider evidence and information offered by the

parties in aggravation and mitigation;

(4.5) consider substance abuse treatment, eligibility

screening, and an assessment, if any, of the defendant by

an agent designated by the State of Illinois to provide

assessment services for the Illinois courts;

(5) hear arguments as to sentencing alternatives;

(6) afford the defendant the opportunity to make a

statement in his own behalf;

(7) afford the victim of a violent crime or a

violation of Section 11-501 of the Illinois Vehicle Code,

or a similar provision of a local ordinance, the

opportunity to present an oral or written statement, as

guaranteed by Article I, Section 8.1 of the Illinois

Constitution and provided in Section 6 of the Rights of

Crime Victims and Witnesses Act. The court shall allow a

victim to make an oral statement if the victim is present

in the courtroom and requests to make an oral or written

statement. An oral or written statement includes the

victim or a representative of the victim reading the

written statement. The court may allow persons impacted by

the crime who are not victims under subsection (a) of

Section 3 of the Rights of Crime Victims and Witnesses Act

to present an oral or written statement. A victim and any

person making an oral statement shall not be put under

oath or subject to cross-examination. All statements

offered under this paragraph (7) shall become part of the

record of the court. In this paragraph (7), "victim of a

violent crime" means a person who is a victim of a violent

crime for which the defendant has been convicted after a

bench or jury trial or a person who is the victim of a

violent crime with which the defendant was charged and the

defendant has been convicted under a plea agreement of a

crime that is not a violent crime as defined in subsection

(c) of 3 of the Rights of Crime Victims and Witnesses Act;

(7.5) afford a qualified person affected by: (i) a

violation of Section 405, 405.1, 405.2, or 407 of the

Illinois Controlled Substances Act or a violation of

Section 55 or Section 65 of the Methamphetamine Control

and Community Protection Act; or (ii) a Class 4 felony

violation of Section 11-14, 11-14.3 except as described in

subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,

11-18.1, or 11-19 of the Criminal Code of 1961 or the

Criminal Code of 2012, committed by the defendant the

opportunity to make a statement concerning the impact on

the qualified person and to offer evidence in aggravation

or mitigation; provided that the statement and evidence

offered in aggravation or mitigation shall first be

prepared in writing in conjunction with the State's

Attorney before it may be presented orally at the hearing.

Sworn testimony offered by the qualified person is subject

to the defendant's right to cross-examine. All statements

and evidence offered under this paragraph (7.5) shall

become part of the record of the court. In this paragraph

(7.5), "qualified person" means any person who: (i) lived

or worked within the territorial jurisdiction where the

offense took place when the offense took place; or (ii) is

familiar with various public places within the territorial

jurisdiction where the offense took place when the offense

took place. "Qualified person" includes any peace officer

or any member of any duly organized State, county, or

municipal peace officer unit assigned to the territorial

jurisdiction where the offense took place when the offense

took place;

(8) in cases of reckless homicide afford the victim's

spouse, guardians, parents or other immediate family

members an opportunity to make oral statements;

(9) in cases involving a felony sex offense as defined

under the Sex Offender Management Board Act, consider the

results of the sex offender evaluation conducted pursuant

to Section 5-3-2 of this Act; and

(10) make a finding of whether a motor vehicle was

used in the commission of the offense for which the

defendant is being sentenced. ; and

(11) make a finding of whether a firearm with a serial

number reported as stolen on the Illinois State Police

publicly accessible stolen firearms database was used in

the commission of the offense for which the defendant is

being sentenced.

(b) All sentences shall be imposed by the judge based upon

his independent assessment of the elements specified above and

any agreement as to sentence reached by the parties. The judge

who presided at the trial or the judge who accepted the plea of

guilty shall impose the sentence unless he is no longer

sitting as a judge in that court. Where the judge does not

impose sentence at the same time on all defendants who are

convicted as a result of being involved in the same offense,

the defendant or the State's Attorney may advise the

sentencing court of the disposition of any other defendants

who have been sentenced.

(b-1) In imposing a sentence of imprisonment or periodic

imprisonment for a Class 3 or Class 4 felony for which a

sentence of probation or conditional discharge is an available

sentence, if the defendant has no prior sentence of probation

or conditional discharge and no prior conviction for a violent

crime, the defendant shall not be sentenced to imprisonment

before review and consideration of a presentence report and

determination and explanation of why the particular evidence,

information, factor in aggravation, factual finding, or other

reasons support a sentencing determination that one or more of

the factors under subsection (a) of Section 5-6-1 of this Code

apply and that probation or conditional discharge is not an

appropriate sentence.

(c) In imposing a sentence for a violent crime or for an

offense of operating or being in physical control of a vehicle

while under the influence of alcohol, any other drug or any

combination thereof, or a similar provision of a local

ordinance, when such offense resulted in the personal injury

to someone other than the defendant, the trial judge shall

specify on the record the particular evidence, information,

factors in mitigation and aggravation or other reasons that

led to his sentencing determination. The full verbatim record

of the sentencing hearing shall be filed with the clerk of the

court and shall be a public record.

(c-1) In imposing a sentence for the offense of aggravated

kidnapping for ransom, home invasion, armed robbery,

aggravated vehicular hijacking, aggravated discharge of a

firearm, or armed violence with a category I weapon or

category II weapon, the trial judge shall make a finding as to

whether the conduct leading to conviction for the offense

resulted in great bodily harm to a victim, and shall enter that

finding and the basis for that finding in the record.

(c-1.5) Notwithstanding any other provision of law to the

contrary, in imposing a sentence for an offense that requires

a mandatory minimum sentence of imprisonment, the court may

instead sentence the offender to probation, conditional

discharge, or a lesser term of imprisonment it deems

appropriate if: (1) the offense involves the use or possession

of drugs, retail theft, or driving on a revoked license due to

unpaid financial obligations; (2) the court finds that the

defendant does not pose a risk to public safety; and (3) the

interest of justice requires imposing a term of probation,

conditional discharge, or a lesser term of imprisonment. The

court must state on the record its reasons for imposing

probation, conditional discharge, or a lesser term of

imprisonment.

(c-2) If the defendant is sentenced to prison, other than

when a sentence of natural life imprisonment is imposed, at

the time the sentence is imposed the judge shall state on the

record in open court the approximate period of time the

defendant will serve in custody according to the then current

statutory rules and regulations for sentence credit found in

Section 3-6-3 and other related provisions of this Code. This

statement is intended solely to inform the public, has no

legal effect on the defendant's actual release, and may not be

relied on by the defendant on appeal.

The judge's statement, to be given after pronouncing the

sentence, other than when the sentence is imposed for one of

the offenses enumerated in paragraph (a)(4) of Section 3-6-3,

shall include the following:

"The purpose of this statement is to inform the public of

the actual period of time this defendant is likely to spend in

prison as a result of this sentence. The actual period of

prison time served is determined by the statutes of Illinois

as applied to this sentence by the Illinois Department of

Corrections and the Illinois Prisoner Review Board. In this

case, assuming the defendant receives all of his or her

sentence credit, the period of estimated actual custody is ...

years and ... months, less up to 180 days additional earned

sentence credit. If the defendant, because of his or her own

misconduct or failure to comply with the institutional

regulations, does not receive those credits, the actual time

served in prison will be longer. The defendant may also

receive an additional one-half day sentence credit for each

day of participation in vocational, industry, substance abuse,

and educational programs as provided for by Illinois statute."

When the sentence is imposed for one of the offenses

enumerated in paragraph (a)(2) of Section 3-6-3, other than

first degree murder, and the offense was committed on or after

June 19, 1998, and when the sentence is imposed for reckless

homicide as defined in subsection (e) of Section 9-3 of the

Criminal Code of 1961 or the Criminal Code of 2012 if the

offense was committed on or after January 1, 1999, and when the

sentence is imposed for aggravated driving under the influence

of alcohol, other drug or drugs, or intoxicating compound or

compounds, or any combination thereof as defined in

subparagraph (F) of paragraph (1) of subsection (d) of Section

11-501 of the Illinois Vehicle Code, and when the sentence is

imposed for aggravated arson if the offense was committed on

or after July 27, 2001 (the effective date of Public Act

92-176), and when the sentence is imposed for aggravated

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

or intoxicating compound or compounds, or any combination

thereof as defined in subparagraph (C) of paragraph (1) of

subsection (d) of Section 11-501 of the Illinois Vehicle Code

committed on or after January 1, 2011 (the effective date of

Public Act 96-1230), the judge's statement, to be given after

pronouncing the sentence, shall include the following:

"The purpose of this statement is to inform the public of

the actual period of time this defendant is likely to spend in

prison as a result of this sentence. The actual period of

prison time served is determined by the statutes of Illinois

as applied to this sentence by the Illinois Department of

Corrections and the Illinois Prisoner Review Board. In this

case, the defendant is entitled to no more than 4 1/2 days of

sentence credit for each month of his or her sentence of

imprisonment. Therefore, this defendant will serve at least

85% of his or her sentence. Assuming the defendant receives 4

1/2 days credit for each month of his or her sentence, the

period of estimated actual custody is ... years and ...

months. If the defendant, because of his or her own misconduct

or failure to comply with the institutional regulations

receives lesser credit, the actual time served in prison will

be longer."

When a sentence of imprisonment is imposed for first

degree murder and the offense was committed on or after June

19, 1998, the judge's statement, to be given after pronouncing

the sentence, shall include the following:

"The purpose of this statement is to inform the public of

the actual period of time this defendant is likely to spend in

prison as a result of this sentence. The actual period of

prison time served is determined by the statutes of Illinois

as applied to this sentence by the Illinois Department of

Corrections and the Illinois Prisoner Review Board. In this

case, the defendant is not entitled to sentence credit.

Therefore, this defendant will serve 100% of his or her

sentence."

When the sentencing order recommends placement in a

substance abuse program for any offense that results in

incarceration in a Department of Corrections facility and the

crime was committed on or after September 1, 2003 (the

effective date of Public Act 93-354), the judge's statement,

in addition to any other judge's statement required under this

Section, to be given after pronouncing the sentence, shall

include the following:

"The purpose of this statement is to inform the public of

the actual period of time this defendant is likely to spend in

prison as a result of this sentence. The actual period of

prison time served is determined by the statutes of Illinois

as applied to this sentence by the Illinois Department of

Corrections and the Illinois Prisoner Review Board. In this

case, the defendant shall receive no earned sentence credit

under clause (3) of subsection (a) of Section 3-6-3 until he or

she participates in and completes a substance abuse treatment

program or receives a waiver from the Director of Corrections

pursuant to clause (4.5) of subsection (a) of Section 3-6-3."

(c-4) Before the sentencing hearing and as part of the

presentence investigation under Section 5-3-1, the court shall

inquire of the defendant whether the defendant is currently

serving in or is a veteran of the Armed Forces of the United

States. If the defendant is currently serving in the Armed

Forces of the United States or is a veteran of the Armed Forces

of the United States and has been diagnosed as having a mental

illness by a qualified psychiatrist or clinical psychologist

or physician, the court may:

(1) order that the officer preparing the presentence

report consult with the United States Department of

Veterans Affairs, Illinois Department of Veterans'

Affairs, or another agency or person with suitable

knowledge or experience for the purpose of providing the

court with information regarding treatment options

available to the defendant, including federal, State, and

local programming; and

(2) consider the treatment recommendations of any

diagnosing or treating mental health professionals

together with the treatment options available to the

defendant in imposing sentence.

For the purposes of this subsection (c-4), "qualified

psychiatrist" means a reputable physician licensed in Illinois

to practice medicine in all its branches, who has specialized

in the diagnosis and treatment of mental and nervous disorders

for a period of not less than 5 years.

(c-6) In imposing a sentence, the trial judge shall

specify, on the record, the particular evidence and other

reasons which led to his or her determination that a motor

vehicle was used in the commission of the offense.

(c-7) In imposing a sentence for a Class 3 or 4 felony,

other than a violent crime as defined in Section 3 of the

Rights of Crime Victims and Witnesses Act, the court shall

determine and indicate in the sentencing order whether the

defendant has 4 or more or fewer than 4 months remaining on his

or her sentence accounting for time served.

(d) When the defendant is committed to the Department of

Corrections, the State's Attorney shall and counsel for the

defendant may file a statement with the clerk of the court to

be transmitted to the department, agency or institution to

which the defendant is committed to furnish such department,

agency or institution with the facts and circumstances of the

offense for which the person was committed together with all

other factual information accessible to them in regard to the

person prior to his commitment relative to his habits,

associates, disposition and reputation and any other facts and

circumstances which may aid such department, agency or

institution during its custody of such person. The clerk shall

within 10 days after receiving any such statements transmit a

copy to such department, agency or institution and a copy to

the other party, provided, however, that this shall not be

cause for delay in conveying the person to the department,

agency or institution to which he has been committed.

(e) The clerk of the court shall transmit to the

department, agency or institution, if any, to which the

defendant is committed, the following:

(1) the sentence imposed;

(2) any statement by the court of the basis for

imposing the sentence;

(3) any presentence reports;

(3.3) the person's last known complete street address

prior to incarceration or legal residence, the person's

race, whether the person is of Hispanic or Latino origin,

and whether the person is 18 years of age or older;

(3.5) any sex offender evaluations;

(3.6) any substance abuse treatment eligibility

screening and assessment of the defendant by an agent

designated by the State of Illinois to provide assessment

services for the Illinois courts;

(4) the number of days, if any, which the defendant

has been in custody and for which he is entitled to credit

against the sentence, which information shall be provided

to the clerk by the sheriff;

(4.1) any finding of great bodily harm made by the

court with respect to an offense enumerated in subsection

(c-1);

(5) all statements filed under subsection (d) of this

Section;

(6) any medical or mental health records or summaries

of the defendant;

(7) the municipality where the arrest of the offender

or the commission of the offense has occurred, where such

municipality has a population of more than 25,000 persons;

(8) all statements made and evidence offered under

paragraph (7) of subsection (a) of this Section; and

(9) all additional matters which the court directs the

clerk to transmit.

(f) In cases in which the court finds that a motor vehicle

was used in the commission of the offense for which the

defendant is being sentenced, the clerk of the court shall,

within 5 days thereafter, forward a report of such conviction

to the Secretary of State.

(g) In cases in which the court finds that a firearm with a

serial number reported as stolen on the Illinois State Police

publicly accessible database was used in the commission of the

offense for which the defendant is being sentenced, the clerk

of the court shall, within 5 days thereafter, forward a report

of such conviction to the Illinois State Police Division of

Justice Services.

(Source: P.A. 102-813, eff. 5-13-22; 103-18, eff. 1-1-24;

103-51, eff. 1-1-24; 103-605, eff. 7-1-24; 10400SB0008eng.)

Section 99. Effective date. This Act takes effect upon

becoming law, except that Sections 3 and 4 take effect on

January 1, 2026 and Section 6 takes effect upon becoming law or

on the date Senate Bill 8 of the 104th General Assembly takes

effect, whichever is later.