Rep. Brandon W. Phelps

Filed: 5/23/2013

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1 AMENDMENT TO SENATE BILL 2193

2 AMENDMENT NO. ______. Amend Senate Bill 2193 by replacing

3 everything after the enacting clause with the following:

4 "Section 1. Short title. This Act may be cited as the

5 Firearm Concealed Carry Act.

6 Section 5. Definitions. As used in this Act:

7 "Applicant" means a person who is applying for a license to

8 carry a concealed firearm under this Act.

9 "Board" means the Concealed Carry Licensing Review Board.

10 "Concealed firearm" means a loaded or unloaded handgun

11 carried on or about a person completely or mostly concealed

12 from view of the public or on or about a person within a

13 vehicle.

14 "Department" means the Department of State Police.

15 "Director" means the Director of State Police.

16 "Handgun" means any device which is designed to expel a

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1 projectile or projectiles by the action of an explosion,

2 expansion of gas, or escape of gas that is designed to be held

3 and fired by the use of a single hand. "Handgun" does not

4 include:

5 (1) a stun gun or taser;

6 (2) a machine gun as defined in item (i) of paragraph

7 (7) of subsection (a) of Section 24-1 of the Criminal Code

8 of 2012;

9 (3) a short-barreled rifle or shotgun as defined in

10 item (ii) of paragraph (7) of subsection (a) of Section

11 24-1 of the Criminal Code of 2012; or

12 (4) any pneumatic gun, spring gun, paint ball gun, or

13 B-B gun which expels a single globular projectile not

14 exceeding .18 inch in diameter, or which has a maximum

15 muzzle velocity of less than 700 feet per second, or which

16 expels breakable paint balls containing washable marking

17 colors.

18 "Law enforcement agency" means any federal, State, or local

19 law enforcement agency, including offices of State's Attorneys

20 and the Office of the Attorney General.

21 "License" means a license issued by the Department of State

22 Police to carry a concealed handgun.

23 "Licensee" means a person issued a license to carry a

24 concealed handgun.

25 "Municipality" has the meaning ascribed to it in Section 1

26 of Article VII of the Illinois Constitution.

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1 "Unit of local government" has the meaning ascribed to it

2 in Section 1 of Article VII of the Illinois Constitution.

3 Section 10. Issuance of licenses to carry a concealed

4 firearm.

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

6 concealed firearm under this Act to an applicant who:

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

8 (2) has provided the application and documentation

9 required in Section 30 of this Act;

10 (3) has submitted the requisite fees; and

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

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

13 Concealed Carry Licensing Review Board in accordance with

14 Section 20.

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

16 duplicate license as provided in this Act.

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

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

19 permit the licensee to:

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

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

22 person; and

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

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

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

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

2 this Act. The Department shall establish rules for the

3 availability and submission of applications in accordance with

4 this Act.

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

6 Department that contains all the information and materials

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

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

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

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

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

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

13 the Department receives a determination from the Board that the

14 applicant is ineligible for a license. The Department must

15 notify the applicant stating the grounds for the denial. The

16 notice of denial must inform the applicant of his or her right

17 to an appeal through administrative and judicial review.

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

19 licensee carries a concealed firearm except:

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

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

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

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

24 invitee with that person's permission;

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

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

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

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

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

4 is unloaded and enclosed in a case.

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

6 investigative stop, including but not limited to a traffic

7 stop, of a licensee who is carrying a concealed firearm, upon

8 the request of the officer the licensee shall disclose to the

9 officer that he or she is in possession of a concealed firearm

10 under this Act, present the license upon the request of the

11 officer, and identify the location of the concealed firearm.

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

13 applicants and licenses. The database shall be available to all

14 federal, State, and local law enforcement agencies, State's

15 Attorneys, the Attorney General, and authorized court

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

17 Act, the database shall be searchable and provide all

18 information included in the application, including the

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

20 license application and any information related to violations

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

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

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

24 it by law.

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

26 application, the Department shall enter the relevant

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1 information about the applicant into the database under

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

3 enforcement agencies.

4 Section 15. Objections by law enforcement agencies.

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

6 license applicant based upon a reasonable suspicion that the

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

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

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

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

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

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

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

14 information related to the application to the Board within 10

15 days of completing all necessary background checks.

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

17 that have been entered into the Criminal History Records

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

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

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

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

22 Department shall object and submit the applicant's arrest

23 record, the application materials, and any additional

24 information submitted by a law enforcement agency to the Board.

25 For purposes of this subsection, "gang-related offense" is an

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1 offense described in Section 12-6.4, Section 24-1.8, Section

2 25-5, Section 33-4, or Section 33G-4, or in paragraph (1) of

3 subsection (a) of Section 12-6.2, paragraph (2) of subsection

4 (b) of Section 16-30, paragraph (2) of subsection (b) of

5 Section 31-4, or item (iii) of paragraph (1.5) of subsection

6 (i) of Section 48-1 of the Criminal Code of 2012.

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

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

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

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

11 issues its decision.

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

13 the Department under this Section, the Department shall process

14 the application in accordance with this Act.

15 Section 20. Concealed Carry Licensing Review Board.

16 (a) There is hereby created a Concealed Carry Licensing

17 Review Board to consider any objection to an applicant's

18 eligibility to obtain a license under this Act submitted by a

19 law enforcement agency or the Department under Section 15 of

20 this Act. The Board shall consist of 7 commissioners to be

21 appointed by the Governor, with the advice and consent of the

22 Senate, with 3 commissioners residing within the First Judicial

23 District and one commissioner residing within each of the 4

24 remaining Judicial Districts. No more than 4 commissioners

25 shall be members of the same political party. The Governor

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1 shall designate one commissioner as the Chairperson. The Board

2 shall consist of:

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

4 as a federal judge;

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

6 serving as an attorney with the United States Department of

7 Justice;

8 (3) 3 commissioners with at least 5 years of experience

9 as a federal agent or employee with investigative

10 experience or duties related to criminal justice under the

11 United States Department of Justice, Drug Enforcement

12 Administration, Department of Homeland Security, or

13 Federal Bureau of Investigation; and

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

15 licensed physician or clinical psychologist with expertise

16 in the diagnosis and treatment of mental illness.

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

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

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

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

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

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

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

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

25 serve. Commissioners shall receive compensation in an amount

26 equal to the compensation of members of the Executive Ethics

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1 Commission and may be reimbursed for reasonable expenses

2 actually incurred in the performance of their Board duties,

3 from funds appropriated for that purpose.

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

5 often as necessary to consider objections to applications for a

6 license under this Act. If necessary to ensure the

7 participation of a commissioner, the Board shall allow a

8 commissioner to participate in a Board meeting by electronic

9 communication. Any commissioner participating electronically

10 shall be deemed present for purposes of establishing a quorum

11 and voting.

12 (d) The Board shall adopt rules for the conduct of

13 hearings. The Board shall maintain a record of its decisions

14 and all materials considered in making its decisions. All Board

15 decisions and voting records shall be kept confidential and all

16 materials considered by the Board shall be exempt from

17 inspection except upon order of a court.

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

19 or the Department, the Board shall review the materials

20 received with the objection from the law enforcement agency or

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

22 Board may request additional information from the law

23 enforcement agency, Department, or the applicant, or the

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

25 applicant. The Board may only consider information submitted by

26 the Department, a law enforcement agency, or the applicant. The

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1 Board shall review each objection and determine by a majority

2 of commissioners whether an applicant is eligible for a

3 license.

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

5 receipt of the objection from the Department. However, the

6 Board need not issue a decision within 30 days if:

7 (1) the Board requests information from the applicant

8 in accordance with subsection (e) of this Section, in which

9 case the Board shall make a decision within 30 days of

10 receipt of the required information from the applicant;

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

12 Board additional time to consider an objection; or

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

14 that the Board needs an additional 30 days to issue a

15 decision.

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

17 evidence that the applicant poses a danger to himself or

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

19 Board shall affirm the objection of the law enforcement agency

20 or the Department and shall notify the Department that the

21 applicant is ineligible for a license. If the Board does not

22 determine by a preponderance of the evidence that the applicant

23 poses a danger to himself or herself or others, or is a threat

24 to public safety, then the Board shall notify the Department

25 that the applicant is eligible for a license.

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

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

2 the Freedom of Information Act.

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

4 General Assembly on the number of objections received and

5 provide details of the circumstances in which the Board has

6 determined to deny licensure based on law enforcement or

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

8 shall not contain any identifying information about the

9 applicants.

10 Section 25. Qualifications for a license.

11 The Department shall issue a license to an applicant

12 completing an application in accordance with Section 30 of this

13 Act if the person:

14 (1) is at least 21 years of age;

15 (2) has a currently valid Firearm Owner's

16 Identification Card and at the time of application meets

17 the requirements for the issuance of a Firearm Owner's

18 Identification Card and is not prohibited under the Firearm

19 Owners Identification Card Act or federal law from

20 possessing or receiving a firearm;

21 (3) has not been convicted or found guilty in this

22 State or in any other state of:

23 (A) a misdemeanor involving the use or threat of

24 physical force or violence to any person within the 5

25 years preceding the date of the license application; or

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1 (B) 2 or more violations related to driving while

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

3 intoxicating compound or compounds, or any combination

4 thereof, within the 5 years preceding the date of the

5 license application; and

6 (4) is not the subject of a pending arrest warrant,

7 prosecution, or proceeding for an offense or action that

8 could lead to disqualification to own or possess a firearm;

9 (5) has not been in residential or court-ordered

10 treatment for alcoholism, alcohol detoxification, or drug

11 treatment within the 5 years immediately preceding the date

12 of the license application; and

13 (6) has completed firearms training and any education

14 component required under Section 75 of this Act.

15 Section 30. Contents of license application.

16 (a) The license application shall be in writing, under

17 penalty of perjury, on a standard form adopted by the

18 Department and shall be accompanied by the documentation

19 required in this Section and the applicable fee. Each

20 application form shall include the following statement printed

21 in bold type: "Warning: Entering false information on this form

22 is punishable as perjury under Section 32-2 of the Criminal

23 Code of 2012."

24 (b) The application shall contain the following:

25 (1) the applicant's name, current address, date and

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1 year of birth, place of birth, height, weight, hair color,

2 eye color, maiden name or any other name the applicant has

3 used or identified with, and any address where the

4 applicant resided for more than 30 days within the 10 years

5 preceding the date of the license application;

6 (2) the applicant's valid driver's license number or

7 valid state identification card number;

8 (3) a waiver of the applicant's privacy and

9 confidentiality rights and privileges under all federal

10 and state laws, including those limiting access to juvenile

11 court, criminal justice, psychological, or psychiatric

12 records or records relating to any institutionalization of

13 the applicant, and an affirmative request that a person

14 having custody of any of these records provide it or

15 information concerning it to the Department;

16 (4) an affirmation that the applicant possesses a

17 currently valid Firearm Owner's Identification Card and

18 card number if possessed or notice the applicant is

19 applying for a Firearm Owner's Identification Card in

20 conjunction with the license application;

21 (5) an affirmation that the applicant has not been

22 convicted or found guilty of:

23 (A) a felony;

24 (B) a misdemeanor involving the use or threat of

25 physical force or violence to any person within the 5

26 years preceding the date of the application; or

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1 (C) 2 or more violations related to driving while

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

3 intoxicating compound or compounds, or any combination

4 thereof, within the 5 years preceding the date of the

5 license application; and

6 (6) whether the applicant has failed a drug test for a

7 drug for which the applicant did not have a prescription,

8 within the previous year, and if so, the provider of the

9 test, the specific substance involved, and the date of the

10 test;

11 (7) written consent for the Department to review and

12 use the applicant's Illinois digital driver's license or

13 Illinois identification card photograph and signature;

14 (8) a full set of fingerprints submitted to the

15 Department in electronic format, provided the Department

16 may accept an application submitted without a set of

17 fingerprints in which case the Department shall be granted

18 30 days in addition to the 90 days provided under

19 subsection (e) of Section 10 of this Act to issue or deny a

20 license;

21 (9) a head and shoulder color photograph in a size

22 specified by the Department taken within the 30 days

23 preceding the date of the license application; and

24 (10) a photocopy of any certificates or other evidence

25 of compliance with the training requirements under this

26 Act.

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1 Section 35. Investigation of the applicant.

2 The Department shall conduct a background check of the

3 applicant to ensure compliance with the requirements of this

4 Act and all federal, State, and local laws. The background

5 check shall include a search of the following:

6 (1) the National Instant Criminal Background Check

7 System of the Federal Bureau of Investigation;

8 (2) all available state and local criminal history

9 record information files, including records of juvenile

10 adjudications;

11 (3) all available federal, state, and local records

12 regarding wanted persons;

13 (4) all available federal, state, and local records of

14 domestic violence restraining and protective orders;

15 (5) the files of the Department of Human Services

16 relating to mental health and developmental disabilities;

17 and

18 (6) all other available records of a federal, state, or

19 local agency or other public entity in any jurisdiction

20 likely to contain information relevant to whether the

21 applicant is prohibited from purchasing, possessing, or

22 carrying a firearm under federal, state, or local law.

23 (7) Fingerprints collected under Section 30 shall be

24 checked against the Department of State Police and Federal

25 Bureau of Investigation criminal history record databases

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1 now and hereafter filed.

2 Section 40. Non-resident license applications.

3 (a) For the purposes of this Section, "non-resident" means

4 a person who has not resided within this State for more than 30

5 days and resides in another state or territory.

6 (b) The Department shall by rule allow for non-resident

7 license applications from any state or territory of the United

8 States with laws related to firearm ownership, possession, and

9 carrying, that are substantially similar to the requirements to

10 obtain a license under this Act.

11 (c) A resident of a state or territory approved by the

12 Department under subsection (b) of this Section may apply for a

13 non-resident license. The applicant shall apply to the

14 Department and must meet all of the qualifications established

15 in Section 25 of this Act, except for the Illinois residency

16 requirement in item (xiv) of paragraph (2) of subsection (a) of

17 Section 4 of the Firearm Owners Identification Card Act. The

18 applicant shall submit:

19 (1) the application and documentation required under

20 Section 30 of this Act and the applicable fee;

21 (2) a notarized document stating that the applicant:

22 (A) is eligible under federal law and the laws of

23 his or her state or territory of residence to own or

24 possess a firearm;

25 (B) if applicable, has a license or permit to carry

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1 a firearm or concealed firearm issued by his or her

2 state or territory of residence and attach a copy of

3 the license or permit to the application;

4 (C) understands Illinois laws pertaining to the

5 possession and transport of firearms, and

6 (D) acknowledges that the applicant is subject to

7 the jurisdiction of the Department and Illinois courts

8 for any violation of this Act; and

9 (3) a photocopy of any certificates or other evidence

10 of compliance with the training requirements under Section

11 75 of this Act; and

12 (4) a head and shoulder color photograph in a size

13 specified by the Department taken within the 30 days

14 preceding the date of the application.

15 (d) In lieu of an Illinois driver's license or Illinois

16 identification card, a non-resident applicant shall provide

17 similar documentation from his or her state or territory of

18 residence. In lieu of a valid Firearm Owner's Identification

19 Card, the applicant shall submit documentation and information

20 required by the Department to obtain a Firearm Owner's

21 Identification Card, including an affidavit that the

22 non-resident meets the mental health standards to obtain a

23 firearm under Illinois law, and the Department shall ensure

24 that the applicant would meet the eligibility criteria to

25 obtain a Firearm Owner's Identification card if he or she was a

26 resident of this State.

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1 (e) Nothing in this Act shall prohibit a non-resident from

2 transporting a concealed firearm within his or her vehicle in

3 Illinois, if the concealed firearm remains within his or her

4 vehicle and the non-resident:

5 (1) is not prohibited from owning or possessing a

6 firearm under federal law;

7 (2) is eligible to carry a firearm in public under the

8 laws of his or her state or territory of residence; and

9 (3) is not in possession of a license under this Act.

10 If the non-resident leaves his or her vehicle unattended,

11 he or she shall store the firearm within a locked vehicle or

12 locked container within the vehicle in accordance with

13 subsection (b) of Section 65 of this Act.

14 Section 45. Civil immunity; Board, employees, and agents.

15 The Board, Department, local law enforcement agency, or

16 employees and agents of the Board, Department, or local law

17 enforcement agency participating in the licensing process

18 under this Act shall not be held liable for damages in any

19 civil action arising from alleged wrongful or improper

20 granting, denying, renewing, revoking, suspending, or failing

21 to grant, deny, renew, revoke, or suspend a license under this

22 Act, except for willful or wanton misconduct.

23 Section 50. License renewal.

24 Applications for renewal of a license shall be made to the

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1 Department. A license shall be renewed for a period of 5 years

2 upon receipt of a completed renewal application, completion of

3 3 hours of training required under Section 75 of this Section,

4 payment of the applicable renewal fee, and completion of an

5 investigation under Section 35 of this Act. The renewal

6 application shall contain the information required in Section

7 30 of this Act, except that the applicant need not resubmit a

8 full set of fingerprints.

9 Section 55. Change of address or name; lost, destroyed, or

10 stolen licenses.

11 (a) A licensee shall notify the Department within 30 days

12 of moving or changing residence or any change of name. The

13 licensee shall submit:

14 (1) a notarized statement that the licensee has changed

15 his or her residence or his or her name, including the

16 prior and current address or name and the date the

17 applicant moved or changed his or her name; and

18 (2) the requisite fee.

19 (b) A licensee shall notify the Department within 10 days

20 of discovering that a license has been lost, destroyed, or

21 stolen. A lost, destroyed, or stolen license is invalid. To

22 request a replacement license, the licensee shall submit:

23 (1) a notarized statement that the licensee no longer

24 possesses the license, and that it was lost, destroyed, or

25 stolen;

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1 (2) if applicable, a copy of a police report stating

2 that the license was stolen; and

3 (3) the requisite fee.

4 (c) A violation of this Section is a petty offense with a

5 fine of $150 which shall be deposited into the Mental Health

6 Reporting Fund.

7 Section 60. Fees.

8 (a) All fees collected under this Act shall be deposited as

9 provided in this Section. Application, renewal, and

10 replacement fees shall be non-refundable.

11 (b) An applicant for a new license or a renewal shall

12 submit $150 with the application, of which $120 shall be

13 apportioned to the State Police Firearm Services Fund, $20

14 shall be apportioned to the Mental Health Reporting Fund, and

15 $10 shall be apportioned to the State Crime Laboratory Fund.

16 (c) A non-resident applicant for a new license or renewal

17 shall submit $300 with the application, of which $250 shall be

18 apportioned to the State Police Firearm Services Fund, $40

19 shall be apportioned to the Mental Health Reporting Fund, and

20 $10 shall be apportioned to the State Crime Laboratory Fund.

21 (d) A licensee requesting a new license in accordance with

22 Section 55 shall submit $75, of which $60 shall be apportioned

23 to the State Police Firearm Services Fund, $5 shall be

24 apportioned to the Mental Health Reporting Fund, and $10 shall

25 be apportioned to the State Crime Laboratory Fund.

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1 Section 65. Prohibited areas.

2 (a) A licensee under this Act shall not knowingly carry a

3 firearm on or into:

4 (1) Any building, real property, and parking area under

5 the control of a public or private elementary or secondary

6 school.

7 (2) Any building, real property, and parking area under

8 the control of a pre-school or child care facility,

9 including any room or portion of a building under the

10 control of a pre-school or child care facility. Nothing in

11 this paragraph shall prevent the operator of a child care

12 facility in a family home from owning or possessing a

13 firearm in the home or license under this Act, if no child

14 under child care at the home is present in the home or the

15 firearm in the home is stored in a locked container when a

16 child under child care at the home is present in the home.

17 (3) Any building, parking area, or portion of a

18 building under the control of an officer of the executive

19 or legislative branch of government, provided that nothing

20 in this paragraph shall prohibit a licensee from carrying a

21 concealed firearm onto the real property, bikeway, or trail

22 in a park regulated by the Department of Natural Resources

23 or any other designated public hunting area or building

24 where firearm possession is permitted as established by the

25 Department of Natural Resources under Section 1.8 of the

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1 Wildlife Code.

2 (4) Any building designated for matters before a

3 circuit court, appellate court, or the Supreme Court, and

4 any building or portion of a building under the control of

5 the Supreme Court.

6 (5) Any building or portion of a building under the

7 control of a unit of local government.

8 (6) Any building, real property, and parking area under

9 the control of an adult or juvenile detention or

10 correctional institution, prison, or jail.

11 (7) Any building, real property, and parking area under

12 the control of a public or private hospital or hospital

13 affiliate, mental health facility, or nursing home.

14 (8) Any bus, train, or form of transportation paid for

15 in whole or in part with public funds, and any building,

16 real property, and parking area under the control of a

17 public transportation facility paid for in whole or in part

18 with public funds.

19 (9) Any building, real property, and parking area under

20 the control of an establishment that serves alcohol on its

21 premises, if more than 50% of the establishment's gross

22 receipts within the prior 3 months is from the sale of

23 alcohol.

24 (10) Any public gathering or special event conducted on

25 property open to the public that requires the issuance of a

26 permit from the unit of local government, provided this

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1 prohibition shall not apply to a licensee who must walk

2 through a public gathering in order to access his or her

3 residence, place of business, or vehicle.

4 (11) Any building or real property that has been issued

5 a Special Event Retailer's license as defined in Section

6 1-3.17.1 of the Liquor Control Act during the time

7 designated for the sale of alcohol by the special event

8 retailer's license, or a Special use permit license as

9 defined in subsection (q) of Section 5-1 of the Liquor

10 Control Act during the time designated for the sale of

11 alcohol by the Special use permit license.

12 (12) Any public playground.

13 (13) Any public park, athletic area, or athletic

14 facility under the control of a municipality or park

15 district, provided nothing in this Section shall prohibit a

16 licensee from carrying a concealed firearm while on a trail

17 or bikeway if only a portion of the trail or bikeway

18 includes a public park.

19 (14) Any real property under the control of the Cook

20 County Forest Preserve District.

21 (15) Any building, classroom, laboratory, medical

22 clinic, hospital, artistic venue, athletic venue,

23 entertainment venue, officially recognized

24 university-related organization property, whether owned or

25 leased, and any real property, including parking areas,

26 sidewalks, and common areas under the control of a public

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1 or private community college, college, or university.

2 (16) Any building, real property, or parking area under

3 the control of a gaming facility licensed under the

4 Riverboat Gambling Act or the Illinois Horse Racing Act of

5 1975, including an inter-track wagering location licensee.

6 (17) Any stadium, arena, or the real property or

7 parking area under the control of a stadium, arena, or any

8 collegiate or professional sporting event.

9 (18) Any building, real property, or parking area under

10 the control of a public library.

11 (19) Any building, real property, or parking area under

12 the control of an airport.

13 (20) Any building, real property, or parking area under

14 the control of an amusement park.

15 (21) Any building, real property, or parking area under

16 the control of a zoo or museum.

17 (22) Any street, driveway, parking area, property,

18 building, or facility, owned, leased, controlled, or used

19 by a nuclear energy, storage, weapons, or development site

20 or facility regulated by the federal Nuclear Regulatory

21 Commission. The licensee shall not under any circumstance

22 store a firearm or ammunition in his or her vehicle or in a

23 compartment or container within a vehicle located anywhere

24 in or on the street, driveway, parking area, property,

25 building, or facility described in this paragraph.

26 (23) Any area where firearms are prohibited under

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1 federal law.

2 (a-5) Nothing in this Act shall prohibit a public or

3 private community college, college, or university from:

4 (1) prohibiting persons from carrying a firearm within

5 a vehicle owned, leased, or controlled by the college or

6 university;

7 (2) developing resolutions, regulations, or policies

8 regarding student, employee, or visitor misconduct and

9 discipline, including suspension and expulsion;

10 (3) developing resolutions, regulations, or policies

11 regarding the storage or maintenance of firearms, which

12 must include designated areas where persons can park

13 vehicles that carry firearms; and

14 (4) permitting the carrying or use of firearms for the

15 purpose of instruction and curriculum of officially

16 recognized programs, including but not limited to military

17 science and law enforcement training programs, or in any

18 designated area used for hunting purposes or target

19 shooting.

20 (a-10) The owner of private real property of any type may

21 prohibit the carrying of concealed firearms on the property

22 under his or her control. The owner must post a sign in

23 accordance with subsection (d) of this Section indicating that

24 firearms are prohibited on the property, unless the property is

25 a private residence.

26 (b) Notwithstanding subsection (a) of this Section except

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1 under paragraph (22) or (23) of subsection (a), any licensee

2 prohibited from carrying a concealed firearm into the parking

3 area of a prohibited location specified in subsection (a) of

4 this Section shall be permitted to carry a concealed firearm on

5 or about his or her person within a vehicle into the parking

6 area and may store a firearm or ammunition concealed in a case

7 within a locked vehicle or locked container out of plain view

8 within the vehicle in the parking area. A licensee may carry a

9 concealed firearm in the immediate area surrounding his or her

10 vehicle within a prohibited parking lot area only for the

11 limited purpose of storing or retrieving a firearm within the

12 vehicle's trunk, provided the licensee ensures the concealed

13 firearm is unloaded prior to exiting the vehicle. For purposes

14 of this subsection, "case" includes a glove compartment or

15 console that completely encloses the concealed firearm or

16 ammunition, the trunk of the vehicle, or a firearm carrying

17 box, shipping box, or other container.

18 (c) A licensee shall not be in violation of this Section

19 while he or she is traveling along a public right of way that

20 touches or crosses any of the premises under subsection (a) of

21 this Section if the concealed firearm is carried on his or her

22 person in accordance with the provisions of this Act or is

23 being transported in a vehicle by the licensee in accordance

24 with all other applicable provisions of law.

25 (d) Signs stating that the carrying of firearms is

26 prohibited shall be clearly and conspicuously posted at the

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1 entrance of a building, premises, or real property specified in

2 this Section as a prohibited area, unless the building or

3 premises is a private residence. Signs shall be of a uniform

4 design as established by the Department and shall be 4 inches

5 by 6 inches in size. The Department shall adopt rules for

6 standardized signs to be used under this subsection.

7 Section 70. Violations.

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

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

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

11 the eligibility requirements of the Firearm Owners

12 Identification Card Act.

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

14 emergency order of protection, plenary order of protection, or

15 interim order of protection under Article 112A of the Code of

16 Criminal Procedure of 1963 or under the Illinois Domestic

17 Violence Act of 1986 is issued against a licensee for the

18 duration of the order, or if the Department is made aware of a

19 similar order issued against the licensee in any other

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

21 licensee, the licensee shall surrender the license, as

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

23 the law enforcement agency or entity serving process at the

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

25 enforcement agency, or entity responsible for serving the order

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1 shall notify the Department within 7 days and transmit the

2 license to the Department.

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

4 unless the licensee has submitted an application to renew the

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

6 license under this Act.

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

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

9 intoxicating compound or combination of compounds, or any

10 combination thereof, under the standards set forth in

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

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

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

14 or subsequent violation is a Class A misdemeanor. The

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

16 second violation and shall permanently revoke a license for 3

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

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

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

20 any applicable court costs or fees.

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

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

23 carry a concealed firearm shall only be subject to the

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

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

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

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

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

3 subsection, nothing in this subsection prohibits the licensee

4 from being subjected to penalties for violations other than

5 those specified in this Act.

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

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

8 revocation, suspension, or denial surrender his or her

9 concealed carry license to the local law enforcement agency

10 where the person resides. The local law enforcement agency

11 shall provide the licensee a receipt and transmit the concealed

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

13 licensee whose concealed carry license has been revoked,

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

15 this subsection, the law enforcement agency where the person

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

17 search for and seize the concealed carry license in the

18 possession and under the custody or control of the licensee

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

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

21 possession of a person whose license has been revoked,

22 suspended, or denied constitutes a sufficient basis for the

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

24 violation of this subsection is a Class A misdemeanor.

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

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

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

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

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

4 shall surrender his or her concealed carry license as provided

5 for in subsection (g) of this Section.

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

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

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

9 to obtain a Firearm Owner's Identification Card.

10 Section 75. Applicant firearm training.

11 (a) Within 60 days of the effective date of this Act, the

12 Department shall begin approval of firearm training courses and

13 shall make a list of approved courses available of the

14 Department's website.

15 (b) An applicant for a new license shall provide proof of

16 completion of a firearms training course or combination of

17 courses approved by the Department of at least 16 hours, which

18 includes range qualification time under subsection (c) of this

19 Section, that covers the following:

20 (1) firearm safety;

21 (2) the basic principles of marksmanship;

22 (3) care, cleaning, loading, and unloading of a

23 concealable firearm;

24 (4) all applicable State and federal laws relating to

25 the ownership, storage, carry, and transportation of a

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1 firearm; and

2 (5) instruction on the appropriate and lawful

3 interaction with law enforcement while transporting or

4 carrying a concealed firearm.

5 (c) An applicant for a new license shall provide proof of

6 certification by a certified instructor that the applicant

7 passed a live fire exercise with a concealable firearm

8 consisting of:

9 (1) a minimum of 30 rounds; and

10 (2) 10 rounds from a distance of 5 yards; 10 rounds

11 from a distance of 7 yards; and 10 rounds from a distance

12 of 10 yards at a B-27 silhouette target approved by the

13 Department.

14 (d) An applicant for renewal of a license shall provide

15 proof of completion of a firearms training course or

16 combination of courses approved by the Department of at least 3

17 hours.

18 (e) A certificate of completion for an applicant firearm

19 training course shall not be issued to a student who:

20 (1) does not follow the orders of the certified

21 firearms instructor;

22 (2) in the judgment of the certified instructor,

23 handles a firearm in a manner that poses a danger to the

24 student or to others; or

25 (3) during the range firing portion of testing fails to

26 hit the target with 70% of the rounds fired.

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1 (f) An instructor shall maintain a record of each student's

2 performance for at least 5 years, and shall make all records

3 available upon demand of authorized personnel of the

4 Department.

5 (g) The Department and certified firearms instructor shall

6 recognize up to 8 hours of training already completed toward

7 the 16 hour training requirement under this Section if the

8 training course is approved by the Department and recognized

9 under the laws of another state. Any remaining hours that the

10 applicant completes must at least cover the classroom subject

11 matter of paragraph (4) of subsection (b) of this Section, and

12 the range qualification in subsection (c) of this Section.

13 (h) A person who has qualified to carry a firearm as an

14 active law enforcement officer, a person certified as a

15 firearms instructor by this Act or by the Illinois Law

16 Enforcement Training Standards Board, or a person who has

17 completed the required training and has been issued a firearm

18 control card by the Department of Financial and Professional

19 Regulation shall be exempt from the requirements of this

20 Section.

21 Section 80. Firearms instructor training.

22 (a) Within 60 days of the effective date of this Act, the

23 Department shall begin approval of certified firearms

24 instructors and enter certified firearms instructors into an

25 online registry on the Department's website.

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1 (b) A person who is not a certified firearms instructor

2 shall not teach applicant training courses or advertise or

3 otherwise represent courses they teach as qualifying their

4 students to meet the requirements to receive a license under

5 this Act. Each violation of this subsection is a business

6 offense with a fine of at least $1,000 per violation.

7 (c) A person seeking to become a certified firearms

8 instructor shall:

9 (1) be at least 21 years of age;

10 (2) be a legal resident of the United States; and

11 (3) meet the requirements of Section 25 of this Act,

12 and any additional uniformly applied requirements

13 established by the Department.

14 (d) A person seeking to become a certified firearms

15 instructor trainer, in addition to the requirements of

16 subsection (c) of this Section, shall:

17 (1) possess a high school diploma or GED certificate;

18 and

19 (2) have at least one of the following valid firearms

20 instructor certifications:

21 (A) certification from a law enforcement agency;

22 (B) certification from a firearm instructor course

23 offered by a State or federal governmental agency;

24 (C) certification from a firearm instructor

25 qualification course offered by the Illinois Law

26 Enforcement Training Standards Board; or

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1 (D) certification from an entity approved by the

2 Department that offers firearm instructor education

3 and training in the use and safety of firearms.

4 (e) A person may have his or her firearms instructor

5 certification denied or revoked if he or she does not meet the

6 requirements to obtain a license under this Act, provides false

7 or misleading information to the Department, or has had a prior

8 instructor certification revoked or denied by the Department.

9 Section 85. Background Checks for Sales.

10 A license to carry a concealed firearm issued by this

11 State shall not exempt the licensee from the requirements of a

12 background check, including a check of the National Instant

13 Criminal Background Check System, upon purchase or transfer of

14 a firearm.

15 Section 87. Administrative and judicial review.

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

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

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

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

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

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

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

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

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

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1 her residence for a hearing upon the denial.

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

3 the Concealed Carry Licensing Review Board under this Act shall

4 be subject to judicial review under the provisions of the

5 Administrative Review Law. The term "administrative decision"

6 is defined as in Section 3-101 of the Code of Civil Procedure.

7 Section 90. Preemption.

8 The regulation, licensing, possession, carrying, and

9 transportation of firearms and ammunition are exclusive powers

10 and function of the State. Except as explicitly provided in

11 this Act, a home rule unit may not regulate or license any

12 matter related to firearms, including the possession,

13 carrying, and transportation of firearms. This Section is a

14 limitation under subsection (h) of Section 6 of Article VII of

15 the Illinois Constitution on the exercise by home rule units of

16 powers and functions exercised by the State. Any ordinance or

17 regulation enacted on or before the effective date of this Act

18 that is inconsistent with this Act shall be invalidated on the

19 effective date of this amendatory Act of the 98th General

20 Assembly.

21 Section 92. Consolidation of concealed carry license and

22 Firearm Owner's Identification Card.

23 (a) The Director shall create a task force to develop a

24 plan to incorporate and consolidate the concealed carry license

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1 under this Act and the Firearm Owner's Identification Card

2 under the Firearm Owners Identification Card Act into a

3 designation on the Illinois driver's license or Illinois

4 identification card of a person with authority to possess a

5 firearm under the Firearm Owners Identification Card Act, or

6 authority to possess a firearm under the Firearm Owners

7 Identification Card Act and authority to carry a concealed

8 firearm under this Act. The plan must provide for an

9 alternative card for:

10 (1) a non-resident or a resident without an Illinois

11 driver's license or Illinois identification card, who has

12 been granted authority under this Act to carry a concealed

13 firearm in this State; and

14 (2) a resident without an Illinois driver's license or

15 Illinois identification card, who has been granted

16 authority to possess a firearm under the Firearm Owners

17 Identification Card Act.

18 The plan shall include statutory changes necessary to

19 implement it.

20 (b) The task force shall consist of the following members:

21 (1) one member appointed by the Speaker of the House of

22 Representatives;

23 (2) one member appointed by the House of

24 Representatives Minority Leader;

25 (3) one member appointed by the President of the

26 Senate;

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1 (4) one member appointed by the Senate Minority Leader;

2 (5) one member appointed by the Secretary of State;

3 (6) one member appointed by the Director of State

4 Police;

5 (7) one member appointed by the Speaker of the House of

6 Representatives representing the National Rifle

7 Association;

8 (8) one member appointed by the Governor from the

9 Department of Natural Resources; and

10 (9) one member appointed by the Governor representing

11 the Chicago Police Department.

12 The task force shall elect a chairperson from its

13 membership. Members shall serve without compensation.

14 (c) The task force shall file the plan supported by a

15 majority of its members with the General Assembly and the

16 Secretary of State on or before March 1, 2014.

17 (d) This Section is repealed on March 2, 2014.

18 Section 95. Procurement; rulemaking.

19 (a) The Department of State Police, in consultation with

20 and subject to the approval of the Chief Procurement Officer,

21 may procure a single contract or multiple contracts to

22 implement the provisions of this Act. A contract or contracts

23 under this paragraph are not subject to the provisions of the

24 Illinois Procurement Code, except for Sections 20-60, 20-65,

25 20-70, and 20-160 and Article 50 of that Code, provided that

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1 the Chief Procurement Officer may, in writing with

2 justification, waive any certification required under Article

3 50. This exemption shall be repealed one year from the

4 effective date of this Act.

5 (b) The Department shall adopt rules to implement the

6 provisions of this Act. The Department may adopt rules

7 necessary to implement the provisions of this Act through the

8 use of emergency rulemaking in accordance with Section 5-45 of

9 the Illinois Administrative Procedure Act for a period not to

10 exceed 180 days after the effective date of this Act.

11 Section 100. Short title. Sections 100 through 110 may be

12 cited as the School Administrator Reporting of Mental Health

13 Clear and Present Danger Determinations Law.

14 Section 105. Duty of school administrator. It is the duty

15 of the principal of a public elementary or secondary school, or

16 his or her designee, and the chief administrative officer of a

17 private elementary or secondary school or a public or private

18 community college, college, or university, or his or her

19 designee, to report to the Department of State Police when a

20 student is determined to pose a clear and present danger to

21 himself, herself, or to others, within 24 hours of the

22 determination as provided in Section 6-103.3 of the Mental

23 Health and Developmental Disabilities Code. "Clear and present

24 danger" has the meaning as defined in paragraph (2) of the

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1 definition of "clear and present danger" in Section 1.1 of the

2 Firearm Owners Identification Card Act.

3 Section 110. Immunity. A principal or chief administrative

4 officer, or the designee of a principal of chief administrative

5 officer, making the determination and reporting under Section

6 105 of this Law shall not be held criminally, civilly, or

7 professionally liable, except for willful or wanton

8 misconduct.

9 Section 115. The Open Meetings Act is amended by changing

10 Section 2 as follows:

11 (5 ILCS 120/2) (from Ch. 102, par. 42)

12 Sec. 2. Open meetings.

13 (a) Openness required. All meetings of public bodies shall

14 be open to the public unless excepted in subsection (c) and

15 closed in accordance with Section 2a.

16 (b) Construction of exceptions. The exceptions contained

17 in subsection (c) are in derogation of the requirement that

18 public bodies meet in the open, and therefore, the exceptions

19 are to be strictly construed, extending only to subjects

20 clearly within their scope. The exceptions authorize but do not

21 require the holding of a closed meeting to discuss a subject

22 included within an enumerated exception.

23 (c) Exceptions. A public body may hold closed meetings to

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1 consider the following subjects:

2 (1) The appointment, employment, compensation,

3 discipline, performance, or dismissal of specific

4 employees of the public body or legal counsel for the

5 public body, including hearing testimony on a complaint

6 lodged against an employee of the public body or against

7 legal counsel for the public body to determine its

8 validity.

9 (2) Collective negotiating matters between the public

10 body and its employees or their representatives, or

11 deliberations concerning salary schedules for one or more

12 classes of employees.

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

14 as defined in this Act, including a vacancy in a public

15 office, when the public body is given power to appoint

16 under law or ordinance, or the discipline, performance or

17 removal of the occupant of a public office, when the public

18 body is given power to remove the occupant under law or

19 ordinance.

20 (4) Evidence or testimony presented in open hearing, or

21 in closed hearing where specifically authorized by law, to

22 a quasi-adjudicative body, as defined in this Act, provided

23 that the body prepares and makes available for public

24 inspection a written decision setting forth its

25 determinative reasoning.

26 (5) The purchase or lease of real property for the use

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1 of the public body, including meetings held for the purpose

2 of discussing whether a particular parcel should be

3 acquired.

4 (6) The setting of a price for sale or lease of

5 property owned by the public body.

6 (7) The sale or purchase of securities, investments, or

7 investment contracts. This exception shall not apply to the

8 investment of assets or income of funds deposited into the

9 Illinois Prepaid Tuition Trust Fund.

10 (8) Security procedures and the use of personnel and

11 equipment to respond to an actual, a threatened, or a

12 reasonably potential danger to the safety of employees,

13 students, staff, the public, or public property.

14 (9) Student disciplinary cases.

15 (10) The placement of individual students in special

16 education programs and other matters relating to

17 individual students.

18 (11) Litigation, when an action against, affecting or

19 on behalf of the particular public body has been filed and

20 is pending before a court or administrative tribunal, or

21 when the public body finds that an action is probable or

22 imminent, in which case the basis for the finding shall be

23 recorded and entered into the minutes of the closed

24 meeting.

25 (12) The establishment of reserves or settlement of

26 claims as provided in the Local Governmental and

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1 Governmental Employees Tort Immunity Act, if otherwise the

2 disposition of a claim or potential claim might be

3 prejudiced, or the review or discussion of claims, loss or

4 risk management information, records, data, advice or

5 communications from or with respect to any insurer of the

6 public body or any intergovernmental risk management

7 association or self insurance pool of which the public body

8 is a member.

9 (13) Conciliation of complaints of discrimination in

10 the sale or rental of housing, when closed meetings are

11 authorized by the law or ordinance prescribing fair housing

12 practices and creating a commission or administrative

13 agency for their enforcement.

14 (14) Informant sources, the hiring or assignment of

15 undercover personnel or equipment, or ongoing, prior or

16 future criminal investigations, when discussed by a public

17 body with criminal investigatory responsibilities.

18 (15) Professional ethics or performance when

19 considered by an advisory body appointed to advise a

20 licensing or regulatory agency on matters germane to the

21 advisory body's field of competence.

22 (16) Self evaluation, practices and procedures or

23 professional ethics, when meeting with a representative of

24 a statewide association of which the public body is a

25 member.

26 (17) The recruitment, credentialing, discipline or

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1 formal peer review of physicians or other health care

2 professionals for a hospital, or other institution

3 providing medical care, that is operated by the public

4 body.

5 (18) Deliberations for decisions of the Prisoner

6 Review Board.

7 (19) Review or discussion of applications received

8 under the Experimental Organ Transplantation Procedures

9 Act.

10 (20) The classification and discussion of matters

11 classified as confidential or continued confidential by

12 the State Government Suggestion Award Board.

13 (21) Discussion of minutes of meetings lawfully closed

14 under this Act, whether for purposes of approval by the

15 body of the minutes or semi-annual review of the minutes as

16 mandated by Section 2.06.

17 (22) Deliberations for decisions of the State

18 Emergency Medical Services Disciplinary Review Board.

19 (23) The operation by a municipality of a municipal

20 utility or the operation of a municipal power agency or

21 municipal natural gas agency when the discussion involves

22 (i) contracts relating to the purchase, sale, or delivery

23 of electricity or natural gas or (ii) the results or

24 conclusions of load forecast studies.

25 (24) Meetings of a residential health care facility

26 resident sexual assault and death review team or the

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1 Executive Council under the Abuse Prevention Review Team

2 Act.

3 (25) Meetings of an independent team of experts under

4 Brian's Law.

5 (26) Meetings of a mortality review team appointed

6 under the Department of Juvenile Justice Mortality Review

7 Team Act.

8 (27) Confidential information, when discussed by one

9 or more members of an elder abuse fatality review team,

10 designated under Section 15 of the Elder Abuse and Neglect

11 Act, while participating in a review conducted by that team

12 of the death of an elderly person in which abuse or neglect

13 is suspected, alleged, or substantiated; provided that

14 before the review team holds a closed meeting, or closes an

15 open meeting, to discuss the confidential information,

16 each participating review team member seeking to disclose

17 the confidential information in the closed meeting or

18 closed portion of the meeting must state on the record

19 during an open meeting or the open portion of a meeting the

20 nature of the information to be disclosed and the legal

21 basis for otherwise holding that information confidential.

22 (28) Correspondence and records (i) that may not be

23 disclosed under Section 11-9 of the Public Aid Code or (ii)

24 that pertain to appeals under Section 11-8 of the Public

25 Aid Code.

26 (29) Meetings between internal or external auditors

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1 and governmental audit committees, finance committees, and

2 their equivalents, when the discussion involves internal

3 control weaknesses, identification of potential fraud risk

4 areas, known or suspected frauds, and fraud interviews

5 conducted in accordance with generally accepted auditing

6 standards of the United States of America.

7 (30) Deliberations for decisions of the Concealed

8 Carry Licensing Review Board under the Firearm Concealed

9 Carry Act.

10 (d) Definitions. For purposes of this Section:

11 "Employee" means a person employed by a public body whose

12 relationship with the public body constitutes an

13 employer-employee relationship under the usual common law

14 rules, and who is not an independent contractor.

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

16 Constitution or laws of this State, the occupant of which is

17 charged with the exercise of some portion of the sovereign

18 power of this State. The term "public office" shall include

19 members of the public body, but it shall not include

20 organizational positions filled by members thereof, whether

21 established by law or by a public body itself, that exist to

22 assist the body in the conduct of its business.

23 "Quasi-adjudicative body" means an administrative body

24 charged by law or ordinance with the responsibility to conduct

25 hearings, receive evidence or testimony and make

26 determinations based thereon, but does not include local

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1 electoral boards when such bodies are considering petition

2 challenges.

3 (e) Final action. No final action may be taken at a closed

4 meeting. Final action shall be preceded by a public recital of

5 the nature of the matter being considered and other information

6 that will inform the public of the business being conducted.

7 (Source: P.A. 96-1235, eff. 1-1-11; 96-1378, eff. 7-29-10;

8 96-1428, eff. 8-11-10; 97-318, eff. 1-1-12; 97-333, eff.

9 8-12-11; 97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876,

10 eff. 8-1-12.)

11 Section 120. The Freedom of Information Act is amended by

12 changing Section 7.5 as follows:

13 (5 ILCS 140/7.5)

14 Sec. 7.5. Statutory Exemptions. To the extent provided for

15 by the statutes referenced below, the following shall be exempt

16 from inspection and copying:

17 (a) All information determined to be confidential under

18 Section 4002 of the Technology Advancement and Development Act.

19 (b) Library circulation and order records identifying

20 library users with specific materials under the Library Records

21 Confidentiality Act.

22 (c) Applications, related documents, and medical records

23 received by the Experimental Organ Transplantation Procedures

24 Board and any and all documents or other records prepared by

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1 the Experimental Organ Transplantation Procedures Board or its

2 staff relating to applications it has received.

3 (d) Information and records held by the Department of

4 Public Health and its authorized representatives relating to

5 known or suspected cases of sexually transmissible disease or

6 any information the disclosure of which is restricted under the

7 Illinois Sexually Transmissible Disease Control Act.

8 (e) Information the disclosure of which is exempted under

9 Section 30 of the Radon Industry Licensing Act.

10 (f) Firm performance evaluations under Section 55 of the

11 Architectural, Engineering, and Land Surveying Qualifications

12 Based Selection Act.

13 (g) Information the disclosure of which is restricted and

14 exempted under Section 50 of the Illinois Prepaid Tuition Act.

15 (h) Information the disclosure of which is exempted under

16 the State Officials and Employees Ethics Act, and records of

17 any lawfully created State or local inspector general's office

18 that would be exempt if created or obtained by an Executive

19 Inspector General's office under that Act.

20 (i) Information contained in a local emergency energy plan

21 submitted to a municipality in accordance with a local

22 emergency energy plan ordinance that is adopted under Section

23 11-21.5-5 of the Illinois Municipal Code.

24 (j) Information and data concerning the distribution of

25 surcharge moneys collected and remitted by wireless carriers

26 under the Wireless Emergency Telephone Safety Act.

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1 (k) Law enforcement officer identification information or

2 driver identification information compiled by a law

3 enforcement agency or the Department of Transportation under

4 Section 11-212 of the Illinois Vehicle Code.

5 (l) Records and information provided to a residential

6 health care facility resident sexual assault and death review

7 team or the Executive Council under the Abuse Prevention Review

8 Team Act.

9 (m) Information provided to the predatory lending database

10 created pursuant to Article 3 of the Residential Real Property

11 Disclosure Act, except to the extent authorized under that

12 Article.

13 (n) Defense budgets and petitions for certification of

14 compensation and expenses for court appointed trial counsel as

15 provided under Sections 10 and 15 of the Capital Crimes

16 Litigation Act. This subsection (n) shall apply until the

17 conclusion of the trial of the case, even if the prosecution

18 chooses not to pursue the death penalty prior to trial or

19 sentencing.

20 (o) Information that is prohibited from being disclosed

21 under Section 4 of the Illinois Health and Hazardous Substances

22 Registry Act.

23 (p) Security portions of system safety program plans,

24 investigation reports, surveys, schedules, lists, data, or

25 information compiled, collected, or prepared by or for the

26 Regional Transportation Authority under Section 2.11 of the

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1 Regional Transportation Authority Act or the St. Clair County

2 Transit District under the Bi-State Transit Safety Act.

3 (q) Information prohibited from being disclosed by the

4 Personnel Records Review Act.

5 (r) Information prohibited from being disclosed by the

6 Illinois School Student Records Act.

7 (s) Information the disclosure of which is restricted under

8 Section 5-108 of the Public Utilities Act.

9 (t) All identified or deidentified health information in

10 the form of health data or medical records contained in, stored

11 in, submitted to, transferred by, or released from the Illinois

12 Health Information Exchange, and identified or deidentified

13 health information in the form of health data and medical

14 records of the Illinois Health Information Exchange in the

15 possession of the Illinois Health Information Exchange

16 Authority due to its administration of the Illinois Health

17 Information Exchange. The terms "identified" and

18 "deidentified" shall be given the same meaning as in the Health

19 Insurance Accountability and Portability Act of 1996, Public

20 Law 104-191, or any subsequent amendments thereto, and any

21 regulations promulgated thereunder.

22 (u) Records and information provided to an independent team

23 of experts under Brian's Law.

24 (v) Names and information of people who have applied for or

25 received Firearm Owner's Identification Cards under the

26 Firearm Owners Identification Card Act or applied for or

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1 received a concealed carry license under the Firearm Concealed

2 Carry Act, unless otherwise authorized by the Firearm Concealed

3 Carry Act; and databases under the Firearm Concealed Carry Act,

4 records of the Concealed Carry Licensing Review Board under the

5 Firearm Concealed Carry Act, and law enforcement agency

6 objections under the Firearm Concealed Carry Act.

7 (w) Personally identifiable information which is exempted

8 from disclosure under subsection (g) of Section 19.1 of the

9 Toll Highway Act.

10 (x) Information which is exempted from disclosure under

11 Section 5-1014.3 of the Counties Code or Section 8-11-21 of the

12 Illinois Municipal Code.

13 (Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;

14 96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff.

15 8-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976,

16 eff. 1-1-13.)

17 Section 122. The Secretary of State Act is amended by

18 adding Section 13.5 as follows:

19 (15 ILCS 305/13.5 new)

20 Sec. 13.5. Department of State Police access to driver's

21 license and identification card photographs.

22 The Secretary of State shall allow the Department of State

23 Police to access the driver's license or Illinois

24 Identification card photograph, if available, of an applicant

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1 for a firearm concealed carry license under the Firearm

2 Concealed Carry Act for the purpose of identifying the firearm

3 concealed carry license applicant and issuing a license to the

4 applicant.

5 Section 125. The Department of State Police Law of the

6 Civil Administrative Code of Illinois is amended by changing

7 Section 2605-300 and by adding Section 2605-595 as follows:

8 (20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)

9 Sec. 2605-300. Records; crime laboratories; personnel. To

10 do the following:

11 (1) Be a central repository and custodian of criminal

12 statistics for the State.

13 (2) Be a central repository for criminal history record

14 information.

15 (3) Procure and file for record information that is

16 necessary and helpful to plan programs of crime prevention,

17 law enforcement, and criminal justice.

18 (4) Procure and file for record copies of fingerprints

19 that may be required by law.

20 (5) Establish general and field crime laboratories.

21 (6) Register and file for record information that may

22 be required by law for the issuance of firearm owner's

23 identification cardsunder the Firearm Owners

24 Identification Card Act and concealed carry licenses under

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1 the Firearm Concealed Carry Act.

2 (7) Employ polygraph operators, laboratory

3 technicians, and other specially qualified persons to aid

4 in the identification of criminal activity.

5 (8) Undertake other identification, information,

6 laboratory, statistical, or registration activities that

7 may be required by law.

8 (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,

9 eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,

10 eff. 8-14-98; 91-239, eff. 1-1-00.)

11 (20 ILCS 2605/2605-595 new)

12 Sec. 2605-595. State Police Firearm Services Fund.

13 (a) There is created in the State treasury a special fund

14 known as the State Police Firearm Services Fund. The Fund shall

15 receive revenue under the Firearm Concealed Carry Act and

16 Section 5 of the Firearm Owners Identification Card Act. The

17 Fund may also receive revenue from grants, pass-through grants,

18 donations, appropriations, and any other legal source.

19 (b) The Department of State Police may use moneys in the

20 Fund to finance any of its lawful purposes, mandates,

21 functions, and duties under the Firearm Owners Identification

22 Card Act and the Firearm Concealed Carry Act, including the

23 cost of sending notices of expiration of Firearm Owner's

24 Identification Cards, concealed carry licenses, the prompt and

25 efficient processing of applications under the Firearm Owners

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1 Identification Card Act and the Firearm Concealed Carry Act,

2 the improved efficiency and reporting of the LEADS and federal

3 NICS law enforcement data systems, and support for

4 investigations required under these Acts and law. Any surplus

5 funds beyond what is needed to comply with the aforementioned

6 purposes shall be used by the Department to improve the LEADS

7 and criminal history background check system.

8 (c) Investment income that is attributable to the

9 investment of moneys in the Fund shall be retained in the Fund

10 for the uses specified in this Section.

11 Section 130. The State Finance Act is amended by adding

12 Sections 5.826, 5.827, and 6z-98 as follows:

13 (30 ILCS 105/5.826 new)

14 Sec. 5.826. The Mental Health Reporting Fund.

15 (30 ILCS 105/5.827 new)

16 Sec. 5.827. The State Police Firearm Services Fund.

17 (30 ILCS 105/6z-98 new)

18 Sec. 6z-98. The Mental Health Reporting Fund.

19 (a) There is created in the State treasury a special fund

20 known as the Mental Health Reporting Fund. The Fund shall

21 receive revenue under the Firearm Concealed Carry Act. The Fund

22 may also receive revenue from grants, pass-through grants,

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1 donations, appropriations, and any other legal source.

2 (b) The Department of State Police and Department of Human

3 Services shall coordinate to use moneys in the Fund to finance

4 their respective duties of collecting and reporting data on

5 mental health records and ensuring that mental health firearm

6 possession prohibitors are enforced as set forth under the

7 Firearm Concealed Carry Act and the Firearm Owners

8 Identification Card Act. Any surplus in the Fund beyond what is

9 necessary to ensure compliance with mental health reporting

10 under these Acts shall be used by the Department of Human

11 Services for mental health treatment programs.

12 (c) Investment income that is attributable to the

13 investment of moneys in the Fund shall be retained in the Fund

14 for the uses specified in this Section.

15 (30 ILCS 105/5.206 rep.)

16 Section 135. The State Finance Act is amended by repealing

17 Section 5.206.

18 Section 140. The Illinois Explosives Act is amended by

19 changing Section 2005 as follows:

20 (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)

21 Sec. 2005. Qualifications for licensure.

22 (a) No person shall qualify to hold a license who:

23 (1) is under 21 years of age;

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1 (2) has been convicted in any court of a crime

2 punishable by imprisonment for a term exceeding one year;

3 (3) is under indictment for a crime punishable by

4 imprisonment for a term exceeding one year;

5 (4) is a fugitive from justice;

6 (5) is an unlawful user of or addicted to any

7 controlled substance as defined in Section 102 of the

8 federal Controlled Substances Act (21 U.S.C. Sec. 802 et

9 seq.);

10 (6) has been adjudicated a mentally disabled person as

11 defined in Section 1.1 of the Firearm Owners Identification

12 Card Act ~~mental defective~~; or

13 (7) is not a legal citizen of the United States.

14 (b) A person who has been granted a "relief from

15 disabilities" regarding criminal convictions and indictments,

16 pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.

17 845) may receive a license provided all other qualifications

18 under this Act are met.

19 (Source: P.A. 96-1194, eff. 1-1-11.)

20 Section 145. The Mental Health and Developmental

21 Disabilities Code is amended by changing Section 6-103.1 and by

22 adding Sections 6-103.2 and 6-103.3 as follows:

23 (405 ILCS 5/6-103.1)

24 Sec. 6-103.1. Adjudication as a mentally disabled person

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1 ~~mental defective~~.

2 When a person has been adjudicated as a mentally disabled

3 person ~~mental defective~~ as defined in Section 1.1 of the

4 Firearm Owners Identification Card Act, including, but not

5 limited to, an adjudication as a disabled person as defined in

6 Section 11a-2 of the Probate Act of 1975, the court shall

7 direct the circuit court clerk to~~immediately~~notify the

8 Department of State Police, Firearm Owner's Identification

9 (FOID) Office, in a form and manner prescribed by the

10 Department of State Police, and shall forward a copy of the

11 court order to the Department no later than 7 days after the

12 entry of the order. Upon receipt of the order, the Department

13 of State Police shall provide notification to the National

14 Instant Criminal Background Check System.

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

16 (405 ILCS 5/6-103.2 new)

17 Sec. 6-103.2. Developmental disability; notice.

18 For purposes of this Section, if a person is determined to

19 be developmentally disabled as defined in Section 1.1 of the

20 Firearm Owners Identification Card Act by a physician, clinical

21 psychologist, or qualified examiner, whether practicing at a

22 public or by a private mental health facility or developmental

23 disability facility, the physician, clinical psychologist, or

24 qualified examiner shall notify the Department of Human

25 Services within 24 hours of making the determination that the

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1 person has a developmental disability. The Department of Human

2 Services shall immediately update its records and information

3 relating to mental health and developmental disabilities, and

4 if appropriate, shall notify the Department of State Police in

5 a form and manner prescribed by the Department of State Police.

6 Information disclosed under this Section shall remain

7 privileged and confidential, and shall not be redisclosed,

8 except as required under subsection (e) of Section 3.1 of the

9 Firearm Owners Identification Card Act, nor used for any other

10 purpose. The method of providing this information shall

11 guarantee that the information is not released beyond that

12 which is necessary for the purpose of this Section and shall be

13 provided by rule by the Department of Human Services. The

14 identity of the person reporting under this Section shall not

15 be disclosed to the subject of the report.

16 The physician, clinical psychologist, or qualified

17 examiner making the determination and his or her employer may

18 not be held criminally, civilly, or professionally liable for

19 making or not making the notification required under this

20 Section, except for willful or wanton misconduct.

21 (405 ILCS 5/6-103.3 new)

22 Sec. 6-103.3. Clear and present danger; notice.

23 If a person is determined to pose a clear and present

24 danger to himself, herself, or to others by a physician,

25 clinical psychologist, or qualified examiner, whether employed

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1 by the State, by any public or private mental health facility

2 or part thereof, or by a school administrator, then the

3 physician, clinical psychologist, qualified examiner shall

4 notify the Department of Human Services and a law enforcement

5 official or school administrator shall notify the Department of

6 State Police, within 24 hours of making the determination that

7 the person poses a clear and present danger. The Department of

8 Human Services shall immediately update its records and

9 information relating to mental health and developmental

10 disabilities, and if appropriate, shall notify the Department

11 of State Police in a form and manner prescribed by the

12 Department of State Police. Information disclosed under this

13 Section shall remain privileged and confidential, and shall not

14 be redisclosed, except as required under subsection (e) of

15 Section 3.1 of the Firearm Owners Identification Card Act, nor

16 used for any other purpose. The method of providing this

17 information shall guarantee that the information is not

18 released beyond that which is necessary for the purpose of this

19 Section and shall be provided by rule by the Department of

20 Human Services. The identity of the person reporting under this

21 Section shall not be disclosed to the subject of the report.

22 The physician, clinical psychologist, qualified examiner, law

23 enforcement official, or school administrator making the

24 determination and his or her employer shall not be held

25 criminally, civilly, or professionally liable for making or not

26 making the notification required under this Section, except for

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1 willful or wanton misconduct. This Section does not apply to a

2 law enforcement official, if making the notification under this

3 Section will interfere with an ongoing or pending criminal

4 investigation.

5 For the purposes of this Section:

6 "Clear and present danger" has the meaning ascribed to

7 it in Section 1.1 of the Firearm Owners Identification Card

8 Act.

9 "School administrator" means the person required to

10 report under the School Administrator Reporting of Mental

11 Health Clear and Present Danger Determinations Law.

12 Section 150. The Firearm Owners Identification Card Act is

13 amended by changing Sections 1.1, 3.1, 4, 5, 8, 8.1, 9, 10, and

14 13.2 and by adding Sections 5.1 and 9.5 as follows:

15 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)

16 (Text of Section before amendment by P.A. 97-1167)

17 Sec. 1.1. For purposes of this Act:

18 "Addicted to narcotics" means a person who has been:

19 (1) convicted of an offense involving the use or

20 possession of cannabis, a controlled substance, or

21 methamphetamine within the past year; or

22 (2) determined by the Department of State Police to be

23 addicted to narcotics based upon federal law or federal

24 guidelines.

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1 "Addicted to narcotics" does not include possession or use

2 of a prescribed controlled substance under the direction and

3 authority of a physician or other person authorized to

4 prescribe the controlled substance when the controlled

5 substance is used in the prescribed manner.

6 "Adjudicated ~~Has been adjudicated~~ as a mentally disabled

7 person ~~mental defective~~" means the person is the subject of a

8 determination by a court, board, commission or other lawful

9 authority that the ~~a~~ person, as a result of marked subnormal

10 intelligence, or mental illness, mental impairment,

11 incompetency, condition, or disease:

12 (1) presents a clear and present ~~is a~~ danger to

13 himself, herself, or to others;

14 (2) lacks the mental capacity to manage his or her own

15 affairs or is adjudicated a disabled person as defined in

16 Section 11a-2 of the Probate Act of 1975;

17 (3) is not guilty in a criminal case by reason of

18 insanity, mental disease or defect;

19 (3.5) is guilty but mentally ill, as provided in

20 Section 5-2-6 of the Unified Code of Corrections;

21 (4) is incompetent to stand trial in a criminal case;

22 (5) is not guilty by reason of lack of mental

23 responsibility under ~~pursuant~~ to Articles 50a and 72b of

24 the Uniform Code of Military Justice, 10 U.S.C. 850a,

25 876b; ~~.~~

26 (6) is a sexually violent person under subsection (f)

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1 of Section 5 of the Sexually Violent Persons Commitment

2 Act;

3 (7) has been found to be a sexually dangerous person

4 under the Sexually Dangerous Persons Act;

5 (8) is unfit to stand trial under the Juvenile Court

6 Act of 1987;

7 (9) is not guilty by reason of insanity under the

8 Juvenile court Act of 1987;

9 (10) is subject to involuntary admission on an

10 inpatient as defined in Section 1-119 of the Mental Health

11 and Development Disabilities Code;

12 (11) is subject to involuntary admission on an

13 outpatient as defined in Section 1-119.1 of the Mental

14 Health and Developmental Disabilities Code;

15 (12) is subject to judicial admission as set forth in

16 Section 4-500 of the Mental Health and Developmental

17 Disabilities Code; or

18 (13) is subject to the provisions of the Interstate

19 Agreements on Sexually Dangerous Persons Act.

20 "Clear and present danger" means a person who:

21 (1) communicates a serious threat of physical violence

22 against a reasonably identifiable victim or poses a clear

23 and imminent risk of serious physical injury to himself,

24 herself, or another person as determined by a physician,

25 clinical psychologist, or qualified examiner; or

26 (2) demonstrates threatening physical or verbal

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1 behavior, such as violent, suicidal, or assaultive

2 threats, actions, or other behavior, as determined by a

3 physician, clinical psychologist, qualified examiner,

4 school administrator, or law enforcement official.

5 "Clinical psychologist" has the meaning provided in

6 Section 1-103 of the Mental Health and Developmental

7 Disabilities Code.

8 "Controlled substance" means a controlled substance or

9 controlled substance analog as defined in the Illinois

10 Controlled Substances Act.

11 "Counterfeit" means to copy or imitate, without legal

12 authority, with intent to deceive.

13 "Developmentally disabled" means a disability which is

14 attributable to any other condition which results in impairment

15 similar to that caused by an intellectual disability and which

16 requires services similar to those required by intellectually

17 disabled persons. The disability must originate before the age

18 of 18 years, be expected to continue indefinitely, and

19 constitute a substantial handicap.

20 "Federally licensed firearm dealer" means a person who is

21 licensed as a federal firearms dealer under Section 923 of the

22 federal Gun Control Act of 1968 (18 U.S.C. 923).

23 "Firearm" means any device, by whatever name known, which

24 is designed to expel a projectile or projectiles by the action

25 of an explosion, expansion of gas or escape of gas; excluding,

26 however:

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1 (1) any pneumatic gun, spring gun, paint ball gun, or

2 B-B gun which expels a single globular projectile not

3 exceeding .18 inch in diameter or which has a maximum

4 muzzle velocity of less than 700 feet per second;

5 (1.1) any pneumatic gun, spring gun, paint ball gun, or

6 B-B gun which expels breakable paint balls containing

7 washable marking colors;

8 (2) any device used exclusively for signalling or

9 safety and required or recommended by the United States

10 Coast Guard or the Interstate Commerce Commission;

11 (3) any device used exclusively for the firing of stud

12 cartridges, explosive rivets or similar industrial

13 ammunition; and

14 (4) an antique firearm (other than a machine-gun)

15 which, although designed as a weapon, the Department of

16 State Police finds by reason of the date of its

17 manufacture, value, design, and other characteristics is

18 primarily a collector's item and is not likely to be used

19 as a weapon.

20 "Firearm ammunition" means any self-contained cartridge or

21 shotgun shell, by whatever name known, which is designed to be

22 used or adaptable to use in a firearm; excluding, however:

23 (1) any ammunition exclusively designed for use with a

24 device used exclusively for signalling or safety and

25 required or recommended by the United States Coast Guard or

26 the Interstate Commerce Commission; and

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1 (2) any ammunition designed exclusively for use with a

2 stud or rivet driver or other similar industrial

3 ammunition.

4 "Gun show" means an event or function:

5 (1) at which the sale and transfer of firearms is the

6 regular and normal course of business and where 50 or more

7 firearms are displayed, offered, or exhibited for sale,

8 transfer, or exchange; or

9 (2) at which not less than 10 gun show vendors display,

10 offer, or exhibit for sale, sell, transfer, or exchange

11 firearms.

12 "Gun show" includes the entire premises provided for an

13 event or function, including parking areas for the event or

14 function, that is sponsored to facilitate the purchase, sale,

15 transfer, or exchange of firearms as described in this Section.

16 "Gun show" does not include training or safety classes,

17 competitive shooting events, such as rifle, shotgun, or handgun

18 matches, trap, skeet, or sporting clays shoots, dinners,

19 banquets, raffles, or any other event where the sale or

20 transfer of firearms is not the primary course of business.

21 "Gun show promoter" means a person who organizes or

22 operates a gun show.

23 "Gun show vendor" means a person who exhibits, sells,

24 offers for sale, transfers, or exchanges any firearms at a gun

25 show, regardless of whether the person arranges with a gun show

26 promoter for a fixed location from which to exhibit, sell,

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1 offer for sale, transfer, or exchange any firearm.

2 "Intellectually disabled" means significantly subaverage

3 general intellectual functioning which exists concurrently

4 with impairment in adaptive behavior and which originates

5 before the age of 18 years.

6 "Involuntarily admitted" has the meaning as prescribed in

7 Sections 1-119 and 1-119.1 of the Mental Health and

8 Developmental Disabilities Code.

9 "Mental health facility" means any licensed private

10 hospital or hospital affiliate, institution, or facility, or

11 part thereof, and any facility, or part thereof, operated by

12 the State or a political subdivision thereof which provide

13 treatment of persons with mental illness and includes all

14 hospitals, institutions, clinics, evaluation facilities,

15 mental health centers, colleges, universities, long-term care

16 facilities, and nursing homes, or parts thereof, which provide

17 treatment of persons with mental illness whether or not the

18 primary purpose is to provide treatment of persons with mental

19 illness.

20 "Patient" means:

21 (1) a person who voluntarily receives mental health

22 treatment as an in-patient or resident of any public or

23 private mental health facility, unless the treatment was

24 solely for an alcohol abuse disorder and no other secondary

25 substance abuse disorder or mental illness; or

26 (2) a person who voluntarily receives mental health

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1 treatment as an out-patient or is provided services by a

2 public or private mental health facility, and who poses a

3 clear and present danger to himself, herself, or to others.

4 "Physician" has the meaning as defined in Section 1-120 of

5 the Mental Health and Developmental Disabilities Code.

6 "Qualified examiner" has the meaning provided in Section

7 1-122 of the Mental Health and Developmental Disabilities Code.

8 "Sanctioned competitive shooting event" means a shooting

9 contest officially recognized by a national or state shooting

10 sport association, and includes any sight-in or practice

11 conducted in conjunction with the event.

12 "School administrator" means the person required to report

13 under the School Administrator Reporting of Mental Health Clear

14 and Present Danger Determinations Law.

15 "Stun gun or taser" has the meaning ascribed to it in

16 Section 24-1 of the Criminal Code of 2012.

17 (Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13.)

18 (Text of Section after amendment by P.A. 97-1167)

19 Sec. 1.1. For purposes of this Act:

20 "Addicted to narcotics" means a person who has been:

21 (1) convicted of an offense involving the use or

22 possession of cannabis, a controlled substance, or

23 methamphetamine within the past year; or

24 (2) determined by the Department of State Police to be

25 addicted to narcotics based upon federal law or federal

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1 guidelines.

2 "Addicted to narcotics" does not include possession or use

3 of a prescribed controlled substance under the direction and

4 authority of a physician or other person authorized to

5 prescribe the controlled substance when the controlled

6 substance is used in the prescribed manner.

7 "Adjudicated ~~Has been adjudicated~~ as a mentally disabled

8 person ~~mental defective~~" means the person is the subject of a

9 determination by a court, board, commission or other lawful

10 authority that the ~~a~~ person, as a result of marked subnormal

11 intelligence, or mental illness, mental impairment,

12 incompetency, condition, or disease:

13 (1) presents a clear and present ~~is a~~ danger to

14 himself, herself, or to others;

15 (2) lacks the mental capacity to manage his or her own

16 affairs or is adjudicated a disabled person as defined in

17 Section 11a-2 of the Probate Act of 1975;

18 (3) is not guilty in a criminal case by reason of

19 insanity, mental disease or defect;

20 (3.5) is guilty but mentally ill, as provided in

21 Section 5-2-6 of the Unified Code of Corrections;

22 (4) is incompetent to stand trial in a criminal case;

23 (5) is not guilty by reason of lack of mental

24 responsibility under ~~pursuant to~~ Articles 50a and 72b of

25 the Uniform Code of Military Justice, 10 U.S.C. 850a,

26 876b; ~~.~~

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1 (6) has been found to be a sexually violent person

2 under the Sexually Violent Persons Commitment Act;

3 (7) is a sexually dangerous person under subsection (f)

4 of Section 5 of the Sexually Dangerous Persons Act; or

5 (8) is unfit to stand trial under the Juvenile Court

6 Act of 1987;

7 (9) is not guilty by reason of insanity under the

8 Juvenile court Act of 1987;

9 (10) is subject to involuntary admission on an

10 inpatient as defined in Section 1-119 of the Mental Health

11 and Development Disabilities Code;

12 (11) is subject to involuntary admission on an

13 outpatient as defined in Section 1-119.1 of the Mental

14 Health and Developmental Disabilities Code;

15 (12) is subject to judicial admission as set forth in

16 Section 4-500 of the Mental Health and Developmental

17 Disabilities Code; or

18 (13) is subject to the provisions of the Interstate

19 Agreements on Sexually Dangerous Persons Act.

20 "Clear and present danger" means a person:

21 (1) communicates a serious threat of physical violence

22 against a reasonably identifiable victim or poses a clear

23 and imminent risk of serious physical injury to himself,

24 herself, or another person as determined by a physician,

25 clinical psychologist, or qualified examiner; or

26 (2) demonstrates threatening physical or verbal

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1 behavior, such as violent, suicidal, or assaultive

2 threats, actions, or other behavior, as determined by a

3 physician, clinical psychologist, qualified examiner,

4 school administrator, or law enforcement official.

5 "Clinical psychologist" has the meaning provided in

6 Section 1-103 of the Mental Health and Developmental

7 Disabilities Code.

8 "Controlled substance" means a controlled substance or

9 controlled substance analog as defined in the Illinois

10 Controlled Substances Act.

11 "Counterfeit" means to copy or imitate, without legal

12 authority, with intent to deceive.

13 "Developmentally disabled" means a disability which is

14 attributable to any other condition which results in impairment

15 similar to that caused by an intellectual disability and which

16 requires services similar to those required by intellectually

17 disabled persons. The disability must originate before the age

18 of 18 years, be expected to continue indefinitely, and

19 constitute a substantial handicap.

20 "Federally licensed firearm dealer" means a person who is

21 licensed as a federal firearms dealer under Section 923 of the

22 federal Gun Control Act of 1968 (18 U.S.C. 923).

23 "Firearm" means any device, by whatever name known, which

24 is designed to expel a projectile or projectiles by the action

25 of an explosion, expansion of gas or escape of gas; excluding,

26 however:

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1 (1) any pneumatic gun, spring gun, paint ball gun, or

2 B-B gun which expels a single globular projectile not

3 exceeding .18 inch in diameter or which has a maximum

4 muzzle velocity of less than 700 feet per second;

5 (1.1) any pneumatic gun, spring gun, paint ball gun, or

6 B-B gun which expels breakable paint balls containing

7 washable marking colors;

8 (2) any device used exclusively for signalling or

9 safety and required or recommended by the United States

10 Coast Guard or the Interstate Commerce Commission;

11 (3) any device used exclusively for the firing of stud

12 cartridges, explosive rivets or similar industrial

13 ammunition; and

14 (4) an antique firearm (other than a machine-gun)

15 which, although designed as a weapon, the Department of

16 State Police finds by reason of the date of its

17 manufacture, value, design, and other characteristics is

18 primarily a collector's item and is not likely to be used

19 as a weapon.

20 "Firearm ammunition" means any self-contained cartridge or

21 shotgun shell, by whatever name known, which is designed to be

22 used or adaptable to use in a firearm; excluding, however:

23 (1) any ammunition exclusively designed for use with a

24 device used exclusively for signalling or safety and

25 required or recommended by the United States Coast Guard or

26 the Interstate Commerce Commission; and

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