101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4707

Introduced , by Rep. Joe Sosnowski

SYNOPSIS AS INTRODUCED:

`430 ILCS 65/5`	`from Ch. 38, par. 83-5`
`430 ILCS 65/10`	`from Ch. 38, par. 83-10`
`430 ILCS 66/50`
`430 ILCS 66/87`

Amends the Firearm Owners Identification Card Act. Provides that a renewal application for a Firearm Owner's Identification Card shall be approved or denied by the Illinois State Police within 90 calendar days (instead of 60 business days). Provides that the Director of the Illinois State Police must act on an appeal of a failure of the Illinois State Police to act on an application for a Firearm Owner's Identification Card or a denial, revocation, or seizure of the Card within 90 calendar days after receipt of the appeal. Provides that if the Director fails to act within that 90-day period, the application for the Firearm Owner's Identification Card shall be granted or the revoked Card shall be reinstated or a seized Card returned to the person whose Card has been seized. Amends the Firearm Concealed Carry Act. Provides that a renewal application for a concealed carry license shall be approved or denied by the Illinois State Police within 90 calendar days. Provides that the Director of the Illinois State Police must act on an appeal of a failure of the Illinois State Police to act on an application for a concealed carry license or a denial, revocation, or suspension of the concealed carry license within 90 calendar days after receipt of the appeal. If the Director fails to act within that 90-day period, the application for the concealed carry license shall be granted or the revoked or suspended concealed carry license shall be reinstated.

LRB101 17977 RLC 67415 b

A BILL FOR

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LRB101 17977 RLC 67415 b

1 AN ACT concerning safety.

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

3 represented in the General Assembly:

4 Section 5. The Firearm Owners Identification Card Act is

5 amended by changing Sections 5 and 10 as follows:

6 (430 ILCS 65/5) (from Ch. 38, par. 83-5)

7 Sec. 5. Application and renewal.

8 (a) The Department of State Police shall either approve or

9 deny all applications within 30 days from the date they are

10 received, except as provided in subsection (b) of this Section,

11 and every applicant found qualified under Section 8 of this Act

12 by the Department shall be entitled to a Firearm Owner's

13 Identification Card upon the payment of a $10 fee. Any

14 applicant who is an active duty member of the Armed Forces of

15 the United States, a member of the Illinois National Guard, or

16 a member of the Reserve Forces of the United States is exempt

17 from the application fee. $6 of each fee derived from the

18 issuance of Firearm Owner's Identification Cards, or renewals

19 thereof, shall be deposited in the Wildlife and Fish Fund in

20 the State Treasury; $1 of the fee shall be deposited in the

21 State Police Services Fund and $3 of the fee shall be deposited

22 in the State Police Firearm Services Fund.

23 (b) Renewal applications shall be approved or denied within

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1 90 calendar ~~60 business~~ days, provided the applicant submitted

2 his or her renewal application prior to the expiration of his

3 or her Firearm Owner's Identification Card. If a renewal

4 application has been submitted prior to the expiration date of

5 the applicant's Firearm Owner's Identification Card, the

6 Firearm Owner's Identification Card shall remain valid while

7 the Department processes the application, unless the person is

8 subject to or becomes subject to revocation under this Act. The

9 cost for a renewal application shall be $10 which shall be

10 deposited into the State Police Firearm Services Fund.

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

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

13 Sec. 10. Appeal to director; hearing; relief from firearm

14 prohibitions.

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

16 Identification Card is denied, whenever the Department fails to

17 act on an application within 30 days of its receipt, or

18 whenever such a Card is revoked or seized as provided for in

19 Section 8 of this Act, the aggrieved party may appeal to the

20 Director of State Police for a hearing upon such denial,

21 revocation or seizure, unless the denial, revocation, or

22 seizure was based upon a forcible felony, stalking, aggravated

23 stalking, domestic battery, any violation of the Illinois

24 Controlled Substances Act, the Methamphetamine Control and

25 Community Protection Act, or the Cannabis Control Act that is

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1 classified as a Class 2 or greater felony, any felony violation

2 of Article 24 of the Criminal Code of 1961 or the Criminal Code

3 of 2012, or any adjudication as a delinquent minor for the

4 commission of an offense that if committed by an adult would be

5 a felony, in which case the aggrieved party may petition the

6 circuit court in writing in the county of his or her residence

7 for a hearing upon such denial, revocation, or seizure. The

8 Director must act on an appeal of a failure of the Illinois

9 State Police to act on an application for a Firearm Owner's

10 Identification Card or a denial, revocation, or seizure of the

11 Card within 90 calendar days after receipt of the appeal. If

12 the Director fails to act within that 90-day period, the

13 application for the Firearm Owner's Identification Card shall

14 be granted or the revoked Card shall be reinstated or a seized

15 Card returned to the person whose Card has been seized.

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

17 court, the petitioner shall serve the relevant State's Attorney

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

19 the petition and present evidence. At the hearing the court

20 shall determine whether substantial justice has been done.

21 Should the court determine that substantial justice has not

22 been done, the court shall issue an order directing the

23 Department of State Police to issue a Card. However, the court

24 shall not issue the order if the petitioner is otherwise

25 prohibited from obtaining, possessing, or using a firearm under

26 federal law.

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1 (c) Any person prohibited from possessing a firearm under

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

3 acquiring a Firearm Owner's Identification Card under Section 8

4 of this Act may apply to the Director of State Police or

5 petition the circuit court in the county where the petitioner

6 resides, whichever is applicable in accordance with subsection

7 (a) of this Section, requesting relief from such prohibition

8 and the Director or court may grant such relief if it is

9 established by the applicant to the court's or Director's

10 satisfaction that:

11 (0.05) when in the circuit court, the State's Attorney

12 has been served with a written copy of the petition at

13 least 30 days before any such hearing in the circuit court

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

15 opportunity to present evidence and object to the petition;

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

17 felony under the laws of this State or any other

18 jurisdiction within 20 years of the applicant's

19 application for a Firearm Owner's Identification Card, or

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

21 of imprisonment imposed in relation to that conviction;

22 (2) the circumstances regarding a criminal conviction,

23 where applicable, the applicant's criminal history and his

24 reputation are such that the applicant will not be likely

25 to act in a manner dangerous to public safety;

26 (3) granting relief would not be contrary to the public

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1 interest; and

2 (4) granting relief would not be contrary to federal

3 law.

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

5 unit of government, who is denied, revoked, or has his or her

6 Firearm Owner's Identification Card seized under subsection

7 (e) of Section 8 of this Act may apply to the Director of State

8 Police requesting relief if the officer did not act in a manner

9 threatening to the officer, another person, or the public as

10 determined by the treating clinical psychologist or physician,

11 and as a result of his or her work is referred by the employer

12 for or voluntarily seeks mental health evaluation or treatment

13 by a licensed clinical psychologist, psychiatrist, or

14 qualified examiner, and:

15 (A) the officer has not received treatment

16 involuntarily at a mental health facility, regardless of

17 the length of admission; or has not been voluntarily

18 admitted to a mental health facility for more than 30 days

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

20 and

21 (B) the officer has not left the mental institution

22 against medical advice.

23 (2) The Director of State Police shall grant expedited

24 relief to active law enforcement officers described in

25 paragraph (1) of this subsection (c-5) upon a determination by

26 the Director that the officer's possession of a firearm does

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1 not present a threat to themselves, others, or public safety.

2 The Director shall act on the request for relief within 30

3 business days of receipt of:

4 (A) a notarized statement from the officer in the form

5 prescribed by the Director detailing the circumstances

6 that led to the hospitalization;

7 (B) all documentation regarding the admission,

8 evaluation, treatment and discharge from the treating

9 licensed clinical psychologist or psychiatrist of the

10 officer;

11 (C) a psychological fitness for duty evaluation of the

12 person completed after the time of discharge; and

13 (D) written confirmation in the form prescribed by the

14 Director from the treating licensed clinical psychologist

15 or psychiatrist that the provisions set forth in paragraph

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

17 successfully completed treatment, and their professional

18 opinion regarding the person's ability to possess

19 firearms.

20 (3) Officers eligible for the expedited relief in paragraph

21 (2) of this subsection (c-5) have the burden of proof on

22 eligibility and must provide all information required. The

23 Director may not consider granting expedited relief until the

24 proof and information is received.

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

26 "qualified examiner" shall have the same meaning as provided in

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1 Chapter I of the Mental Health and Developmental Disabilities

2 Code.

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

4 or her Firearm Owner's Identification Card seized under

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

6 determination of a developmental disability or an intellectual

7 disability may apply to the Director of State Police requesting

8 relief.

9 (2) The Director shall act on the request for relief within

10 60 business days of receipt of written certification, in the

11 form prescribed by the Director, from a physician or clinical

12 psychologist, or qualified examiner, that the aggrieved

13 party's developmental disability or intellectual disability

14 condition is determined by a physician, clinical psychologist,

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

16 scheduled to obtain additional information concerning the

17 circumstances of the denial or revocation, the 60 business days

18 the Director has to act shall be tolled until the completion of

19 the fact-finding conference.

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

21 developmental disability or intellectual disability is mild as

22 determined by a physician, clinical psychologist, or qualified

23 examiner and it is established by the applicant to the

24 Director's satisfaction that:

25 (A) granting relief would not be contrary to the public

26 interest; and

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1 (B) granting relief would not be contrary to federal

2 law.

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

4 determined by a physician, clinical psychologist, or qualified

5 examiner to be moderate, severe, or profound.

6 (5) The changes made to this Section by this amendatory Act

7 of the 99th General Assembly apply to requests for relief

8 pending on or before the effective date of this amendatory Act,

9 except that the 60-day period for the Director to act on

10 requests pending before the effective date shall begin on the

11 effective date of this amendatory Act.

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

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

14 shall notify the Department of State Police.

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

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

17 person who has been adjudicated delinquent for an offense that

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

19 for relief has been filed at least 10 years after the

20 adjudication of delinquency and the court determines that the

21 applicant should be granted relief from disability to obtain a

22 Firearm Owner's Identification Card. If the court grants

23 relief, the court shall notify the Department of State Police

24 that the disability has been removed and that the applicant is

25 eligible to obtain a Firearm Owner's Identification Card.

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

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

2 of 1968 because of an adjudication or commitment that occurred

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

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

5 Section 8 of this Act may apply to the Department of State

6 Police requesting relief from that prohibition. The Director

7 shall grant the relief if it is established by a preponderance

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

9 manner dangerous to public safety and that granting relief

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

11 determination, the Director shall receive evidence concerning

12 (i) the circumstances regarding the firearms disabilities from

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

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

15 reputation, developed at a minimum through character witness

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

17 changes in the petitioner's condition or circumstances since

18 the disqualifying events relevant to the relief sought. If

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

20 under this Section, the Director shall as soon as practicable

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

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

23 Department of State Police makes available to the National

24 Instant Criminal Background Check System and notify the United

25 States Attorney General that the basis for the record being

26 made available no longer applies. The Department of State

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1 Police shall adopt rules for the administration of this

2 Section.

3 (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78,

4 eff. 7-20-15.)

5 Section 10. The Firearm Concealed Carry Act is amended by

6 changing Sections 50 and 87 as follows:

7 (430 ILCS 66/50)

8 Sec. 50. License renewal.

9 (a) This subsection (a) applies through the 180th day

10 following the effective date of this amendatory Act of the

11 101st General Assembly. Applications for renewal of a license

12 shall be made to the Department. A license shall be renewed for

13 a period of 5 years upon receipt of a completed renewal

14 application, completion of 3 hours of training required under

15 Section 75 of this Act, payment of the applicable renewal fee,

16 and completion of an investigation under Section 35 of this

17 Act. The renewal application shall contain the information

18 required in Section 30 of this Act, except that the applicant

19 need not resubmit a full set of fingerprints.

20 (b) This subsection (b) applies on and after the 181st day

21 following the effective date of this amendatory Act of the

22 101st General Assembly. Applications for renewal of a license

23 shall be made to the Department. A license shall be renewed for

24 a period of 5 years from the date of expiration on the

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1 applicant's current license upon the receipt of a completed

2 renewal application, completion of 3 hours of training required

3 under Section 75 of this Act, payment of the applicable renewal

4 fee, and completion of an investigation under Section 35 of

5 this Act. The renewal application shall contain the information

6 required in Section 30 of this Act, except that the applicant

7 need not resubmit a full set of fingerprints. Renewal

8 applications shall be approved or denied within 90 calendar

9 days.

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

11 (430 ILCS 66/87)

12 Sec. 87. Administrative and judicial review.

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

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

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

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

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

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

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

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

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

22 her residence for a hearing upon the denial. The Director must

23 act on an appeal of a failure of the Illinois State Police to

24 act on an application for a concealed carry license or a

25 denial, revocation, or suspension of the concealed carry

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1 license within 90 calendar days after receipt of the appeal. If

2 the Director fails to act within that 90-day period, the

3 application for the concealed carry license shall be granted or

4 the revoked or suspended concealed carry license shall be

5 reinstated.

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

7 the Concealed Carry Licensing Review Board under this Act shall

8 be subject to judicial review under the provisions of the

9 Administrative Review Law. The term "administrative decision"

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

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