| ||||||||||||||||||||||||||
 
  | ||||||||||||||||||||||||||
  | ||||||||||||||||||||||||||
| 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 8.1, 10, and 11 and by adding  | |||||||||||||||||||||||||
| 6 | Section 15c as follows:
 | |||||||||||||||||||||||||
| 7 |     (430 ILCS 65/8.1)    (from Ch. 38, par. 83-8.1) | |||||||||||||||||||||||||
| 8 |     Sec. 8.1. Notifications to the Illinois State Police.  | |||||||||||||||||||||||||
| 9 |     (a) The Circuit Clerk shall, in the form and manner  | |||||||||||||||||||||||||
| 10 | required by the Supreme Court, notify the Illinois State  | |||||||||||||||||||||||||
| 11 | Police of all final dispositions of cases for which the  | |||||||||||||||||||||||||
| 12 | Department has received information reported to it under  | |||||||||||||||||||||||||
| 13 | Sections 2.1 and 2.2 of the Criminal Identification Act. | |||||||||||||||||||||||||
| 14 |     (b) Upon adjudication of any individual as a person with a  | |||||||||||||||||||||||||
| 15 | mental disability as defined in Section 1.1 of this Act or a  | |||||||||||||||||||||||||
| 16 | finding that a person has been involuntarily admitted, the  | |||||||||||||||||||||||||
| 17 | court shall direct the circuit court clerk to immediately  | |||||||||||||||||||||||||
| 18 | notify the Illinois State Police, Firearm Owner's  | |||||||||||||||||||||||||
| 19 | Identification (FOID) department, and shall forward a copy of  | |||||||||||||||||||||||||
| 20 | the court order to the Department.  | |||||||||||||||||||||||||
| 21 |     (b-1) Beginning July 1, 2016, and each July 1 and December  | |||||||||||||||||||||||||
| 22 | 30 of every year thereafter, the circuit court clerk shall, in  | |||||||||||||||||||||||||
| 23 | the form and manner prescribed by the Illinois State Police,  | |||||||||||||||||||||||||
 
  | |||||||
  | |||||||
| 1 | notify the Illinois State Police, Firearm Owner's  | ||||||
| 2 | Identification (FOID) department if the court has not directed  | ||||||
| 3 | the circuit court clerk to notify the Illinois State Police,  | ||||||
| 4 | Firearm Owner's Identification (FOID) department under  | ||||||
| 5 | subsection (b) of this Section, within the preceding 6 months,  | ||||||
| 6 | because no person has been adjudicated as a person with a  | ||||||
| 7 | mental disability by the court as defined in Section 1.1 of  | ||||||
| 8 | this Act or if no person has been involuntarily admitted. The  | ||||||
| 9 | Supreme Court may adopt any orders or rules necessary to  | ||||||
| 10 | identify the persons who shall be reported to the Illinois  | ||||||
| 11 | State Police under subsection (b), or any other orders or  | ||||||
| 12 | rules necessary to implement the requirements of this Act.  | ||||||
| 13 |     (c) The Department of Human Services shall, in the form  | ||||||
| 14 | and manner prescribed by the Illinois State Police, report all  | ||||||
| 15 | information collected under subsection (b) of Section 12 of  | ||||||
| 16 | the Mental Health and Developmental Disabilities  | ||||||
| 17 | Confidentiality Act for the purpose of determining whether a  | ||||||
| 18 | person who may be or may have been a patient in a mental health  | ||||||
| 19 | facility is disqualified under State or federal law from  | ||||||
| 20 | receiving or retaining a Firearm Owner's Identification Card,  | ||||||
| 21 | or purchasing a weapon. | ||||||
| 22 |     (d) If a person is determined to pose a clear and present  | ||||||
| 23 | danger to himself, herself, or to others: | ||||||
| 24 |         (1) by a physician, clinical psychologist, or  | ||||||
| 25 |  qualified examiner, or is determined to have a  | ||||||
| 26 |  developmental disability by a physician, clinical  | ||||||
 
  | |||||||
  | |||||||
| 1 |  psychologist, or qualified examiner, whether employed by  | ||||||
| 2 |  the State or privately, then the physician, clinical  | ||||||
| 3 |  psychologist, or qualified examiner shall, within 24 hours  | ||||||
| 4 |  of making the determination, notify the Department of  | ||||||
| 5 |  Human Services that the person poses a clear and present  | ||||||
| 6 |  danger or has a developmental disability; or | ||||||
| 7 |         (2) by a law enforcement official or school  | ||||||
| 8 |  administrator, then the law enforcement official or school  | ||||||
| 9 |  administrator shall, within 24 hours of making the  | ||||||
| 10 |  determination, notify the Illinois State Police that the  | ||||||
| 11 |  person poses a clear and present danger.  | ||||||
| 12 |     The Department of Human Services shall immediately update  | ||||||
| 13 | its records and information relating to mental health and  | ||||||
| 14 | developmental disabilities, and if appropriate, shall under  | ||||||
| 15 | paragraph (1) of subsection (d) of this Section notify the  | ||||||
| 16 | Illinois State Police in a form and manner prescribed by the  | ||||||
| 17 | Illinois State Police. The Illinois State Police shall deny  | ||||||
| 18 | the application or suspend or determine whether to revoke the  | ||||||
| 19 | person's Firearm Owner's Identification Card under Section 8  | ||||||
| 20 | of this Act. Any information disclosed under this subsection  | ||||||
| 21 | shall remain privileged and confidential, and shall not be  | ||||||
| 22 | redisclosed, except as required under subsection (e) of  | ||||||
| 23 | Section 3.1 and subsection (c-5) or (f) of Section 10 of this  | ||||||
| 24 | Act, nor used for any other purpose. The method of providing  | ||||||
| 25 | this information shall guarantee that the information is not  | ||||||
| 26 | released beyond what is necessary for the purpose of these  | ||||||
 
  | |||||||
  | |||||||
| 1 | Sections. Reports from the Department of Human Services this  | ||||||
| 2 | Section and shall be provided by rule by the Department of  | ||||||
| 3 | Human Services. The identity of the person reporting under  | ||||||
| 4 | paragraph (1) of subsection (d) of this Section shall only not     | ||||||
| 5 | be disclosed to the subject of the report if required by the  | ||||||
| 6 | Board or a court with jurisdiction consistent with proceedings  | ||||||
| 7 | under subsections (c-5) or (f) of Section 10 of this Act.  | ||||||
| 8 |     The law enforcement official or school administrator under  | ||||||
| 9 | paragraph (2) of subsection (d) of this Section shall notify  | ||||||
| 10 | the Illinois State Police in the form and manner prescribed by  | ||||||
| 11 | the Illinois State Police. The Illinois State Police shall  | ||||||
| 12 | determine whether to deny the application or suspend or revoke  | ||||||
| 13 | the person's Firearm Owner's Identification Card under Section  | ||||||
| 14 | 8 of this Act. Any information disclosed under this subsection  | ||||||
| 15 | shall remain confidential and shall not be redisclosed or used  | ||||||
| 16 | for any other purpose except as required under subsection (e)  | ||||||
| 17 | of Section 3.1 and subsection (c-5) or (f) of Section 10 of  | ||||||
| 18 | this Act. The method of providing this information shall  | ||||||
| 19 | guarantee that the information is not released beyond what is  | ||||||
| 20 | necessary for the purpose of these Sections. The identity of  | ||||||
| 21 | the person reporting under this Section shall be disclosed  | ||||||
| 22 | only to the subject of the report if required by the Board or a  | ||||||
| 23 | court with jurisdiction consistent with proceedings under  | ||||||
| 24 | subsection (c-5) or (f) of Section 10 this Act.     | ||||||
| 25 |     The physician, clinical psychologist, qualified examiner,  | ||||||
| 26 | law enforcement official, or school administrator making the  | ||||||
 
  | |||||||
  | |||||||
| 1 | determination and his or her employer shall not be held  | ||||||
| 2 | criminally, civilly, or professionally liable for making or  | ||||||
| 3 | not making the notification required under this subsection,  | ||||||
| 4 | except for willful or wanton misconduct. | ||||||
| 5 |     (e) The Illinois State Police shall adopt rules to  | ||||||
| 6 | implement this Section.  | ||||||
| 7 | (Source: P.A. 102-538, eff. 8-20-21.)
 | ||||||
| 8 |     (430 ILCS 65/10)    (from Ch. 38, par. 83-10) | ||||||
| 9 |     Sec. 10. Appeals; hearing; relief from firearm  | ||||||
| 10 | prohibitions.      | ||||||
| 11 |     (a) Whenever an application for a Firearm Owner's  | ||||||
| 12 | Identification Card is denied or whenever such a Card is  | ||||||
| 13 | suspended or revoked or seized as provided for in Section 8,  | ||||||
| 14 | 8.2, or 8.3 of this Act, upon complying with the requirements  | ||||||
| 15 | of Section 9.5 of the Act, the aggrieved party may (1) file a  | ||||||
| 16 | record challenge with the Director regarding the record upon  | ||||||
| 17 | which the decision to deny or revoke the Firearm Owner's  | ||||||
| 18 | Identification Card was based under subsection (a-5); or (2)  | ||||||
| 19 | appeal to the Director of the Illinois State Police through  | ||||||
| 20 | December 31, 2022, or beginning January 1, 2023, the Firearm  | ||||||
| 21 | Owner's Identification Card Review Board for a hearing seeking  | ||||||
| 22 | relief from such denial, suspension, or revocation unless the  | ||||||
| 23 | denial, suspension, or revocation was based upon a forcible  | ||||||
| 24 | felony, stalking, aggravated stalking, domestic battery, any  | ||||||
| 25 | violation of the Illinois Controlled Substances Act, the  | ||||||
 
  | |||||||
  | |||||||
| 1 | Methamphetamine Control and Community Protection Act, or the  | ||||||
| 2 | Cannabis Control Act that is classified as a Class 2 or greater  | ||||||
| 3 | felony, any felony violation of Article 24 of the Criminal  | ||||||
| 4 | Code of 1961 or the Criminal Code of 2012, or any adjudication  | ||||||
| 5 | as a delinquent minor for the commission of an offense that if  | ||||||
| 6 | committed by an adult would be a felony, in which case the  | ||||||
| 7 | aggrieved party may petition the circuit court in writing in  | ||||||
| 8 | the county of his or her residence for a hearing seeking relief  | ||||||
| 9 | from such denial or revocation. | ||||||
| 10 |     (a-5) There is created a Firearm Owner's Identification  | ||||||
| 11 | Card Review Board to consider any appeal under subsection (a)  | ||||||
| 12 | beginning January 1, 2023, other than an appeal directed to  | ||||||
| 13 | the circuit court and except when the applicant is challenging  | ||||||
| 14 | the record upon which the decision to deny or revoke was based  | ||||||
| 15 | as provided in subsection (a-10). | ||||||
| 16 |         (0.05) In furtherance of the policy of this Act that  | ||||||
| 17 |  the Board shall exercise its powers and duties in an  | ||||||
| 18 |  independent manner, subject to the provisions of this Act  | ||||||
| 19 |  but free from the direction, control, or influence of any  | ||||||
| 20 |  other agency or department of State government. All  | ||||||
| 21 |  expenses and liabilities incurred by the Board in the  | ||||||
| 22 |  performance of its responsibilities hereunder shall be  | ||||||
| 23 |  paid from funds which shall be appropriated to the Board  | ||||||
| 24 |  by the General Assembly for the ordinary and contingent  | ||||||
| 25 |  expenses of the Board.  | ||||||
| 26 |         (1) The Board shall consist of 7 members appointed by  | ||||||
 
  | |||||||
  | |||||||
| 1 |  the Governor, with the advice and consent of the Senate,  | ||||||
| 2 |  with 3 members residing within the First Judicial District  | ||||||
| 3 |  and one member residing within each of the 4 remaining  | ||||||
| 4 |  Judicial Districts. No more than 4 members shall be  | ||||||
| 5 |  members of the same political party. The Governor shall  | ||||||
| 6 |  designate one member as the chairperson. The members shall  | ||||||
| 7 |  have actual experience in law, education, social work,  | ||||||
| 8 |  behavioral sciences, law enforcement, or community affairs  | ||||||
| 9 |  or in a combination of those areas.  | ||||||
| 10 |         (2) The terms of the members initially appointed after  | ||||||
| 11 |  January 1, 2022 (the effective date of Public Act 102-237)  | ||||||
| 12 |  shall be as follows: one of the initial members shall be  | ||||||
| 13 |  appointed for a term of one year, 3 shall be appointed for  | ||||||
| 14 |  terms of 2 years, and 3 shall be appointed for terms of 4  | ||||||
| 15 |  years. Thereafter, members shall hold office for 4 years,  | ||||||
| 16 |  with terms expiring on the second Monday in January  | ||||||
| 17 |  immediately following the expiration of their terms and  | ||||||
| 18 |  every 4 years thereafter. Members may be reappointed.  | ||||||
| 19 |  Vacancies in the office of member shall be filled in the  | ||||||
| 20 |  same manner as the original appointment, for the remainder  | ||||||
| 21 |  of the unexpired term. The Governor may remove a member  | ||||||
| 22 |  for incompetence, neglect of duty, malfeasance, or  | ||||||
| 23 |  inability to serve. Members shall receive compensation in  | ||||||
| 24 |  an amount equal to the compensation of members of the  | ||||||
| 25 |  Executive Ethics Commission and, beginning July 1, 2023,  | ||||||
| 26 |  shall be compensated from appropriations provided to the  | ||||||
 
  | |||||||
  | |||||||
| 1 |  Comptroller for this purpose. Members may be reimbursed,  | ||||||
| 2 |  from funds appropriated for such a purpose, for reasonable  | ||||||
| 3 |  expenses actually incurred in the performance of their  | ||||||
| 4 |  Board duties. The Illinois State Police shall designate an  | ||||||
| 5 |  employee to serve as Executive Director of the Board and  | ||||||
| 6 |  provide logistical and administrative assistance to the  | ||||||
| 7 |  Board.  | ||||||
| 8 |         (3) The Board shall meet at least quarterly each year  | ||||||
| 9 |  and at the call of the chairperson as often as necessary to  | ||||||
| 10 |  consider appeals of decisions made with respect to  | ||||||
| 11 |  applications for a Firearm Owner's Identification Card  | ||||||
| 12 |  under this Act. If necessary to ensure the participation  | ||||||
| 13 |  of a member, the Board shall allow a member to participate  | ||||||
| 14 |  in a Board meeting by electronic communication. Any member  | ||||||
| 15 |  participating electronically shall be deemed present for  | ||||||
| 16 |  purposes of establishing a quorum and voting. | ||||||
| 17 |         (4) The Board shall adopt rules for the review of  | ||||||
| 18 |  appeals and the conduct of hearings. The Board shall  | ||||||
| 19 |  maintain a record of its decisions and all materials  | ||||||
| 20 |  considered in making its decisions. All Board decisions  | ||||||
| 21 |  and voting records shall be kept confidential and all  | ||||||
| 22 |  materials considered by the Board shall be exempt from  | ||||||
| 23 |  inspection except upon order of a court. | ||||||
| 24 |         (5) In considering an appeal, the Board shall review  | ||||||
| 25 |  the materials received concerning the denial or revocation  | ||||||
| 26 |  by the Illinois State Police. By a vote of at least 4  | ||||||
 
  | |||||||
  | |||||||
| 1 |  members, the Board may request additional information from  | ||||||
| 2 |  the Illinois State Police or the applicant or the  | ||||||
| 3 |  testimony of the Illinois State Police or the applicant.  | ||||||
| 4 |  The Board may require that the applicant submit electronic  | ||||||
| 5 |  fingerprints to the Illinois State Police for an updated  | ||||||
| 6 |  background check if the Board determines it lacks  | ||||||
| 7 |  sufficient information to determine eligibility. The Board  | ||||||
| 8 |  may consider information submitted by the Illinois State  | ||||||
| 9 |  Police, a law enforcement agency, or the applicant. The  | ||||||
| 10 |  Board shall review each denial or revocation and determine  | ||||||
| 11 |  by a majority of members whether an applicant should be  | ||||||
| 12 |  granted relief under subsection (c). | ||||||
| 13 |         (6) The Board shall by order issue summary decisions.  | ||||||
| 14 |  The Board shall issue a decision within 45 days of  | ||||||
| 15 |  receiving all completed appeal documents from the Illinois  | ||||||
| 16 |  State Police and the applicant. However, the Board need  | ||||||
| 17 |  not issue a decision within 45 days if: | ||||||
| 18 |             (A) the Board requests information from the  | ||||||
| 19 |  applicant, including, but not limited to, electronic  | ||||||
| 20 |  fingerprints to be submitted to the Illinois State  | ||||||
| 21 |  Police, in accordance with paragraph (5) of this  | ||||||
| 22 |  subsection, in which case the Board shall make a  | ||||||
| 23 |  decision within 30 days of receipt of the required  | ||||||
| 24 |  information from the applicant; | ||||||
| 25 |             (B) the applicant agrees, in writing, to allow the  | ||||||
| 26 |  Board additional time to consider an appeal; or | ||||||
 
  | |||||||
  | |||||||
| 1 |             (C) the Board notifies the applicant and the  | ||||||
| 2 |  Illinois State Police that the Board needs an  | ||||||
| 3 |  additional 30 days to issue a decision. The Board may  | ||||||
| 4 |  only issue 2 extensions under this subparagraph (C).  | ||||||
| 5 |  The Board's notification to the applicant and the  | ||||||
| 6 |  Illinois State Police shall include an explanation for  | ||||||
| 7 |  the extension. | ||||||
| 8 |         (7) If the Board determines that the applicant is  | ||||||
| 9 |  eligible for relief under subsection (c), the Board shall  | ||||||
| 10 |  notify the applicant and the Illinois State Police that  | ||||||
| 11 |  relief has been granted and the Illinois State Police  | ||||||
| 12 |  shall issue the Card. | ||||||
| 13 |         (8) Meetings of the Board shall not be subject to the  | ||||||
| 14 |  Open Meetings Act and records of the Board shall not be  | ||||||
| 15 |  subject to the Freedom of Information Act. | ||||||
| 16 |         (9) The Board shall report monthly to the Governor and  | ||||||
| 17 |  the General Assembly on the number of appeals received and  | ||||||
| 18 |  provide details of the circumstances in which the Board  | ||||||
| 19 |  has determined to deny Firearm Owner's Identification  | ||||||
| 20 |  Cards under this subsection (a-5). The report shall not  | ||||||
| 21 |  contain any identifying information about the applicants.  | ||||||
| 22 |     (a-10) Whenever an applicant or cardholder is not seeking  | ||||||
| 23 | relief from a firearms prohibition under subsection (c) but  | ||||||
| 24 | rather does not believe the applicant is appropriately denied  | ||||||
| 25 | or revoked and is challenging the record upon which the  | ||||||
| 26 | decision to deny or revoke the Firearm Owner's Identification  | ||||||
 
  | |||||||
  | |||||||
| 1 | Card was based, or whenever the Illinois State Police fails to  | ||||||
| 2 | act on an application within 30 days of its receipt, the  | ||||||
| 3 | applicant shall file such challenge with the Director. The  | ||||||
| 4 | Director shall render a decision within 60 business days of  | ||||||
| 5 | receipt of all information supporting the challenge. The  | ||||||
| 6 | Illinois State Police shall adopt rules for the review of a  | ||||||
| 7 | record challenge.  | ||||||
| 8 |     (b) At least 30 days before any hearing in the circuit  | ||||||
| 9 | court, the petitioner shall serve the relevant State's  | ||||||
| 10 | Attorney with a copy of the petition. The State's Attorney may  | ||||||
| 11 | object to the petition and present evidence. At the hearing,  | ||||||
| 12 | the court shall determine whether substantial justice has been  | ||||||
| 13 | done. Should the court determine that substantial justice has  | ||||||
| 14 | not been done, the court shall issue an order directing the  | ||||||
| 15 | Illinois State Police to issue a Card. However, the court  | ||||||
| 16 | shall not issue the order if the petitioner is otherwise  | ||||||
| 17 | prohibited from obtaining, possessing, or using a firearm  | ||||||
| 18 | under federal law.  | ||||||
| 19 |     (c) Any person prohibited from possessing a firearm under  | ||||||
| 20 | Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or  | ||||||
| 21 | acquiring a Firearm Owner's Identification Card under Section  | ||||||
| 22 | 8 of this Act may apply to the Firearm Owner's Identification  | ||||||
| 23 | Card Review Board or petition the circuit court in the county  | ||||||
| 24 | where the petitioner resides, whichever is applicable in  | ||||||
| 25 | accordance with subsection (a) of this Section, requesting  | ||||||
| 26 | relief from such prohibition and the Board or court may grant  | ||||||
 
  | |||||||
  | |||||||
| 1 | such relief if it is established by the applicant to the  | ||||||
| 2 | court's or the Board's satisfaction that: | ||||||
| 3 |         (0.05) when in the circuit court, the State's Attorney  | ||||||
| 4 |  has been served with a written copy of the petition at  | ||||||
| 5 |  least 30 days before any such hearing in the circuit court  | ||||||
| 6 |  and at the hearing the State's Attorney was afforded an  | ||||||
| 7 |  opportunity to present evidence and object to the  | ||||||
| 8 |  petition; | ||||||
| 9 |         (1) the applicant has not been convicted of a forcible  | ||||||
| 10 |  felony under the laws of this State or any other  | ||||||
| 11 |  jurisdiction within 20 years of the applicant's  | ||||||
| 12 |  application for a Firearm Owner's Identification Card, or  | ||||||
| 13 |  at least 20 years have passed since the end of any period  | ||||||
| 14 |  of imprisonment imposed in relation to that conviction; | ||||||
| 15 |         (2) the circumstances regarding a criminal conviction,  | ||||||
| 16 |  where applicable, the applicant's criminal history and his  | ||||||
| 17 |  reputation are such that the applicant will not be likely  | ||||||
| 18 |  to act in a manner dangerous to public safety; | ||||||
| 19 |         (3) granting relief would not be contrary to the  | ||||||
| 20 |  public interest; and | ||||||
| 21 |         (4) granting relief would not be contrary to federal  | ||||||
| 22 |  law. | ||||||
| 23 |     (c-5) (1) An active law enforcement officer employed by a  | ||||||
| 24 | unit of government or a Department of Corrections employee  | ||||||
| 25 | authorized to possess firearms who is denied, revoked, or has  | ||||||
| 26 | his or her Firearm Owner's Identification Card seized under  | ||||||
 
  | |||||||
  | |||||||
| 1 | subsection (e) of Section 8 of this Act may apply to the  | ||||||
| 2 | Firearm Owner's Identification Card Review Board requesting  | ||||||
| 3 | relief if the officer or employee did not act in a manner  | ||||||
| 4 | threatening to the officer or employee, another person, or the  | ||||||
| 5 | public as determined by the treating clinical psychologist or  | ||||||
| 6 | physician, and as a result of his or her work is referred by  | ||||||
| 7 | the employer for or voluntarily seeks mental health evaluation  | ||||||
| 8 | or treatment by a licensed clinical psychologist,  | ||||||
| 9 | psychiatrist, or qualified examiner, and: | ||||||
| 10 |         (A) the officer or employee has not received treatment  | ||||||
| 11 |  involuntarily at a mental health facility, regardless of  | ||||||
| 12 |  the length of admission; or has not been voluntarily  | ||||||
| 13 |  admitted to a mental health facility for more than 30 days  | ||||||
| 14 |  and not for more than one incident within the past 5 years;  | ||||||
| 15 |  and | ||||||
| 16 |         (B) the officer or employee has not left the mental  | ||||||
| 17 |  institution against medical advice. | ||||||
| 18 |     (2) The Firearm Owner's Identification Card Review Board  | ||||||
| 19 | shall grant expedited relief to active law enforcement  | ||||||
| 20 | officers and employees described in paragraph (1) of this  | ||||||
| 21 | subsection (c-5) upon a determination by the Board that the  | ||||||
| 22 | officer's or employee's possession of a firearm does not  | ||||||
| 23 | present a threat to themselves, others, or public safety. The  | ||||||
| 24 | Board shall act on the request for relief within 30 business  | ||||||
| 25 | days of receipt of: | ||||||
| 26 |         (A) a notarized statement from the officer or employee  | ||||||
 
  | |||||||
  | |||||||
| 1 |  in the form prescribed by the Board detailing the  | ||||||
| 2 |  circumstances that led to the hospitalization; | ||||||
| 3 |         (B) all documentation regarding the admission,  | ||||||
| 4 |  evaluation, treatment and discharge from the treating  | ||||||
| 5 |  licensed clinical psychologist or psychiatrist of the  | ||||||
| 6 |  officer; | ||||||
| 7 |         (C) a psychological fitness for duty evaluation of the  | ||||||
| 8 |  person completed after the time of discharge; and | ||||||
| 9 |         (D) written confirmation in the form prescribed by the  | ||||||
| 10 |  Board from the treating licensed clinical psychologist or  | ||||||
| 11 |  psychiatrist that the provisions set forth in paragraph  | ||||||
| 12 |  (1) of this subsection (c-5) have been met, the person  | ||||||
| 13 |  successfully completed treatment, and their professional  | ||||||
| 14 |  opinion regarding the person's ability to possess  | ||||||
| 15 |  firearms. | ||||||
| 16 |     (3) Officers and employees eligible for the expedited  | ||||||
| 17 | relief in paragraph (2) of this subsection (c-5) have the  | ||||||
| 18 | burden of proof on eligibility and must provide all  | ||||||
| 19 | information required. The Board may not consider granting  | ||||||
| 20 | expedited relief until the proof and information is received. | ||||||
| 21 |     (4) "Clinical psychologist", "psychiatrist", and  | ||||||
| 22 | "qualified examiner" shall have the same meaning as provided  | ||||||
| 23 | in Chapter I of the Mental Health and Developmental  | ||||||
| 24 | Disabilities Code.  | ||||||
| 25 |     (5) No later than January 1, 2026, the Firearm Owner's  | ||||||
| 26 | Identification Card Review Board shall establish a process by  | ||||||
 
  | |||||||
  | |||||||
| 1 | which any person who is subject to the provisions of  | ||||||
| 2 | subsection (f) of Section 8 of this Act may request expedited  | ||||||
| 3 | review from the Firearm Owner's Identification Card Review  | ||||||
| 4 | Board.     | ||||||
| 5 |         (A) The Board shall disclose to an individual  | ||||||
| 6 |  requesting an expedited review any information relating to  | ||||||
| 7 |  the individual that was provided by the Department under  | ||||||
| 8 |  subsection (d) of Section 8.1, subject to redactions.     | ||||||
| 9 |         (B) The individual requesting expedited review may  | ||||||
| 10 |  submit to the Firearm Owner's Identification Card Review  | ||||||
| 11 |  Board an objection to any redaction made under paragraph  | ||||||
| 12 |  (1) or (2) of subsection (d) of Section 8.1. The objection  | ||||||
| 13 |  must specify the basis for the individual's belief that  | ||||||
| 14 |  the redacted information is necessary for a full and fair  | ||||||
| 15 |  review. | ||||||
| 16 |         (C) In determining whether information should be  | ||||||
| 17 |  unredacted, the Board may consider any relevant factor,  | ||||||
| 18 |  including, but not limited to, (i) the extent to which the  | ||||||
| 19 |  disclosure of such information is necessary to provide the  | ||||||
| 20 |  individual with a meaningful opportunity to understand,  | ||||||
| 21 |  respond to, or rebut evidence for the basis for the denial  | ||||||
| 22 |  or revocation and (ii) the safety and well-being of any  | ||||||
| 23 |  person who, directly or indirectly, is the source or  | ||||||
| 24 |  reporter of such information. | ||||||
| 25 |         (D) The Board, Illinois State Police, or the employees  | ||||||
| 26 |  and agents of the Board and Illinois State Police  | ||||||
 
  | |||||||
  | |||||||
| 1 |  participating in this process under this Act shall not be  | ||||||
| 2 |  held liable for damages in any civil action arising from  | ||||||
| 3 |  the disclosure or non-disclosure of the information  | ||||||
| 4 |  released to an individual as part of this process.     | ||||||
| 5 |     (c-10) (1) An applicant, who is denied, revoked, or has  | ||||||
| 6 | his or her Firearm Owner's Identification Card seized under  | ||||||
| 7 | subsection (e) of Section 8 of this Act based upon a  | ||||||
| 8 | determination of a developmental disability or an intellectual  | ||||||
| 9 | disability may apply to the Firearm Owner's Identification  | ||||||
| 10 | Card Review Board requesting relief. | ||||||
| 11 |     (2) The Board shall act on the request for relief within 60  | ||||||
| 12 | business days of receipt of written certification, in the form  | ||||||
| 13 | prescribed by the Board, from a physician or clinical  | ||||||
| 14 | psychologist, or qualified examiner, that the aggrieved  | ||||||
| 15 | party's developmental disability or intellectual disability  | ||||||
| 16 | condition is determined by a physician, clinical psychologist,  | ||||||
| 17 | or qualified to be mild. If a fact-finding conference is  | ||||||
| 18 | scheduled to obtain additional information concerning the  | ||||||
| 19 | circumstances of the denial or revocation, the 60 business  | ||||||
| 20 | days the Director has to act shall be tolled until the  | ||||||
| 21 | completion of the fact-finding conference. | ||||||
| 22 |     (3) The Board may grant relief if the aggrieved party's  | ||||||
| 23 | developmental disability or intellectual disability is mild as  | ||||||
| 24 | determined by a physician, clinical psychologist, or qualified  | ||||||
| 25 | examiner and it is established by the applicant to the Board's  | ||||||
| 26 | satisfaction that: | ||||||
 
  | |||||||
  | |||||||
| 1 |         (A) granting relief would not be contrary to the  | ||||||
| 2 |  public interest; and | ||||||
| 3 |         (B) granting relief would not be contrary to federal  | ||||||
| 4 |  law. | ||||||
| 5 |     (4) The Board may not grant relief if the condition is  | ||||||
| 6 | determined by a physician, clinical psychologist, or qualified  | ||||||
| 7 | examiner to be moderate, severe, or profound. | ||||||
| 8 |     (5) The changes made to this Section by Public Act 99-29  | ||||||
| 9 | apply to requests for relief pending on or before July 10, 2015  | ||||||
| 10 | (the effective date of Public Act 99-29), except that the  | ||||||
| 11 | 60-day period for the Director to act on requests pending  | ||||||
| 12 | before the effective date shall begin on July 10, 2015 (the  | ||||||
| 13 | effective date of Public Act 99-29). All appeals as provided  | ||||||
| 14 | in subsection (a-5) pending on January 1, 2023 shall be  | ||||||
| 15 | considered by the Board.  | ||||||
| 16 |     (d) When a minor is adjudicated delinquent for an offense  | ||||||
| 17 | which if committed by an adult would be a felony, the court  | ||||||
| 18 | shall notify the Illinois State Police. | ||||||
| 19 |     (e) The court shall review the denial of an application or  | ||||||
| 20 | the revocation of a Firearm Owner's Identification Card of a  | ||||||
| 21 | person who has been adjudicated delinquent for an offense that  | ||||||
| 22 | if committed by an adult would be a felony if an application  | ||||||
| 23 | for relief has been filed at least 10 years after the  | ||||||
| 24 | adjudication of delinquency and the court determines that the  | ||||||
| 25 | applicant should be granted relief from disability to obtain a  | ||||||
| 26 | Firearm Owner's Identification Card. If the court grants  | ||||||
 
  | |||||||
  | |||||||
| 1 | relief, the court shall notify the Illinois State Police that  | ||||||
| 2 | the disability has been removed and that the applicant is  | ||||||
| 3 | eligible to obtain a Firearm Owner's Identification Card. | ||||||
| 4 |     (f) Any person who is subject to the disabilities of 18  | ||||||
| 5 | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act  | ||||||
| 6 | of 1968 because of an adjudication or commitment that occurred  | ||||||
| 7 | under the laws of this State or who was determined to be  | ||||||
| 8 | subject to the provisions of subsections (e), (f), or (g) of  | ||||||
| 9 | Section 8 of this Act may apply to the Board Illinois State  | ||||||
| 10 | Police requesting relief from that prohibition. The Board  | ||||||
| 11 | shall grant the relief if it is established by a preponderance  | ||||||
| 12 | of the evidence that the person will not be likely to act in a  | ||||||
| 13 | manner dangerous to public safety and that granting relief  | ||||||
| 14 | would not be contrary to the public interest. In making this  | ||||||
| 15 | determination, the Board shall receive evidence concerning (i)  | ||||||
| 16 | the circumstances regarding the firearms disabilities from  | ||||||
| 17 | which relief is sought; (ii) the petitioner's mental health  | ||||||
| 18 | and criminal history records, if any; (iii) the petitioner's  | ||||||
| 19 | reputation, developed at a minimum through character witness  | ||||||
| 20 | statements, testimony, or other character evidence; and (iv)  | ||||||
| 21 | changes in the petitioner's condition or circumstances since  | ||||||
| 22 | the disqualifying events relevant to the relief sought.  | ||||||
| 23 | Notwithstanding any other provision of this Act or any other  | ||||||
| 24 | law to the contrary, the Illinois State Police shall provide  | ||||||
| 25 | the Board or any court with jurisdiction with all records  | ||||||
| 26 | relevant to the request for relief under Section 8.1. If  | ||||||
 
  | |||||||
  | |||||||
| 1 | relief is granted under this subsection or by order of a court  | ||||||
| 2 | under this Section, the Director shall as soon as practicable  | ||||||
| 3 | but in no case later than 15 business days, update, correct,  | ||||||
| 4 | modify, or remove the person's record in any database that the  | ||||||
| 5 | Illinois State Police makes available to the National Instant  | ||||||
| 6 | Criminal Background Check System and notify the United States  | ||||||
| 7 | Attorney General that the basis for the record being made  | ||||||
| 8 | available no longer applies. The Illinois State Police shall  | ||||||
| 9 | adopt rules for the administration of this Section. | ||||||
| 10 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;  | ||||||
| 11 | 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1115, eff.  | ||||||
| 12 | 1-9-23; 102-1129, eff. 2-10-23; 103-605, eff. 7-1-24.)
 | ||||||
| 13 |     (430 ILCS 65/11)    (from Ch. 38, par. 83-11) | ||||||
| 14 |     Sec. 11. Judicial review of final administrative  | ||||||
| 15 | decisions.      | ||||||
| 16 |     (a) All final administrative decisions of the Firearm  | ||||||
| 17 | Owner's Identification Card Review Board under this Act,  | ||||||
| 18 | including final administrative decisions of the Firearm  | ||||||
| 19 | Owner's Identification Card Review Board made under the  | ||||||
| 20 | expedited review process established under paragraph (5) of  | ||||||
| 21 | subsection (c-5) of Section 10 of this Act, except final  | ||||||
| 22 | administrative decisions of the Firearm Owner's Identification  | ||||||
| 23 | Card Review Board to deny a person's application for relief  | ||||||
| 24 | under subsection (f) of Section 10 of this Act, shall be  | ||||||
| 25 | subject to judicial review under the provisions of the  | ||||||
 
  | |||||||
  | |||||||
| 1 | Administrative Review Law, and all amendments and  | ||||||
| 2 | modifications thereof, and the rules adopted pursuant thereto.  | ||||||
| 3 | The term "administrative decision" is defined as in Section  | ||||||
| 4 | 3-101 of the Code of Civil Procedure. The Illinois State  | ||||||
| 5 | Police or the individual seeking expedited relief may seek  | ||||||
| 6 | judicial review upon receipt of a final administrative  | ||||||
| 7 | decision under paragraph (5) of subsection (c-5) of Section 10  | ||||||
| 8 | of this Act.     | ||||||
| 9 |     (b) Any final administrative decision by the Firearm  | ||||||
| 10 | Owner's Identification Card Review Board to deny a person's  | ||||||
| 11 | application for relief under subsection (f) of Section 10 of  | ||||||
| 12 | this Act is subject to de novo judicial review by the circuit  | ||||||
| 13 | court, and any party may offer evidence that is otherwise  | ||||||
| 14 | proper and admissible without regard to whether that evidence  | ||||||
| 15 | is part of the administrative record.  | ||||||
| 16 |     (c) The Firearm Owner's Identification Card Review Board  | ||||||
| 17 | shall submit a report to the General Assembly on March 1 of  | ||||||
| 18 | each year, beginning March 1, 1991, listing all final  | ||||||
| 19 | decisions by a court of this State upholding, reversing, or  | ||||||
| 20 | reversing in part any administrative decision made by the  | ||||||
| 21 | Firearm Owner's Identification Card Review Board Illinois  | ||||||
| 22 | State Police. | ||||||
| 23 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;  | ||||||
| 24 | 102-813, eff. 5-13-22.)
 | ||||||
| 25 |     (430 ILCS 65/15c new) | ||||||
 
  | |||||||
  | |||||||
| 1 |     Sec. 15c. Civil immunity; Board, employees, and agents.  | ||||||
| 2 | The Board and its employees and agents who participate in the  | ||||||
| 3 | process established under this Act and the Illinois State  | ||||||
| 4 | Police and its employees and agents who participate in the  | ||||||
| 5 | process established under this Act shall not be held liable  | ||||||
| 6 | for damages in any civil action arising from the alleged  | ||||||
| 7 | wrongful or improper granting, denying, renewing, revoking,  | ||||||
| 8 | suspending, or failing to grant, deny, renew, revoke, or  | ||||||
| 9 | suspend a Firearm Owner's Identification Card. | ||||||