Sen. David Koehler
Filed: 5/30/2021
 
 


 




10200HB0562sam001LRB102 02734 RLC 27377 a



1
AMENDMENT TO HOUSE BILL 562




2 AMENDMENT NO. ______. Amend House Bill 562 by replacing 
3everything after the enacting clause with the following:


4 "Section 3. The Open Meetings Act is amended by changing 
5Section 2 as follows:




6 (5 ILCS 120/2) (from Ch. 102, par. 42)


7 (Text of Section before amendment by P.A. 101-652)

8 Sec. 2. Open meetings. 

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

12 (b) Construction of exceptions. The exceptions contained 
13in subsection
(c) are in derogation of the requirement that 
14public bodies
meet in the open, and therefore, the exceptions 
15are to be strictly
construed, extending only to subjects 
16clearly within their scope.
The exceptions authorize but do 
 
 
10200HB0562sam001- 2 -LRB102 02734 RLC 27377 a


1not require the holding of
a closed meeting to discuss a 
2subject included within an enumerated exception.

3 (c) Exceptions. A public body may hold closed meetings to 
4consider the
following subjects:

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

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

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

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

26 as defined in this Act, including a vacancy in a public 
 
 
10200HB0562sam001- 3 -LRB102 02734 RLC 27377 a


1 office, when the public
body is given power to appoint 
2 under law or ordinance, or the discipline,
performance or 
3 removal of the occupant of a public office, when the 
4 public body
is given power to remove the occupant under 
5 law or ordinance. 

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

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

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

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

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

25 potential danger to the safety of employees, students, 
26 staff, the public, or
public
property.

 
 
10200HB0562sam001- 4 -LRB102 02734 RLC 27377 a


1  (9) Student disciplinary cases.

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

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

10 recorded and entered into the minutes of the closed 
11 meeting.

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

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

20 association or self insurance pool of which the public 
21 body is a member.

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

26 administrative agency for their enforcement.

 
 
10200HB0562sam001- 5 -LRB102 02734 RLC 27377 a


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

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

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

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

24  (18) Deliberations for decisions of the Prisoner 
25 Review Board.

26  (19) Review or discussion of applications received 
 
 
10200HB0562sam001- 6 -LRB102 02734 RLC 27377 a


1 under the
Experimental Organ Transplantation Procedures 
2 Act.

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

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

10  (22) Deliberations for decisions of the State

11 Emergency Medical Services Disciplinary
Review Board.

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

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

22  (25) Meetings of an independent team of experts under 
23 Brian's Law. 
24  (26) Meetings of a mortality review team appointed 
25 under the Department of Juvenile Justice Mortality Review 
26 Team Act. 
 
 
10200HB0562sam001- 7 -LRB102 02734 RLC 27377 a


1  (27) (Blank). 
2  (28) Correspondence and records (i) that may not be 
3 disclosed under Section 11-9 of the Illinois Public Aid 
4 Code or (ii) that pertain to appeals under Section 11-8 of 
5 the Illinois Public Aid Code. 
6  (29) Meetings between internal or external auditors 
7 and governmental audit committees, finance committees, and 
8 their equivalents, when the discussion involves internal 
9 control weaknesses, identification of potential fraud risk 
10 areas, known or suspected frauds, and fraud interviews 
11 conducted in accordance with generally accepted auditing 
12 standards of the United States of America.
13  (30) Those meetings or portions of meetings of a 
14 fatality review team or the Illinois Fatality Review Team 
15 Advisory Council during which a review of the death of an 
16 eligible adult in which abuse or neglect is suspected, 
17 alleged, or substantiated is conducted pursuant to Section 
18 15 of the Adult Protective Services Act. 
19  (31) Meetings and deliberations for decisions of the 
20 Concealed Carry Licensing Review Board under the Firearm 
21 Concealed Carry Act. 
22  (32) Meetings between the Regional Transportation 
23 Authority Board and its Service Boards when the discussion 
24 involves review by the Regional Transportation Authority 
25 Board of employment contracts under Section 28d of the 
26 Metropolitan Transit Authority Act and Sections 3A.18 and 
 
 
10200HB0562sam001- 8 -LRB102 02734 RLC 27377 a


1 3B.26 of the Regional Transportation Authority Act.
2  (33) Those meetings or portions of meetings of the 
3 advisory committee and peer review subcommittee created 
4 under Section 320 of the Illinois Controlled Substances 
5 Act during which specific controlled substance prescriber, 
6 dispenser, or patient information is discussed.
7  (34) Meetings of the Tax Increment Financing Reform 
8 Task Force under Section 2505-800 of the Department of 
9 Revenue Law of the Civil Administrative Code of Illinois. 
10  (35) Meetings of the group established to discuss 
11 Medicaid capitation rates under Section 5-30.8 of the 
12 Illinois Public Aid Code. 
13  (36) Those deliberations or portions of deliberations 
14 for decisions of the Illinois Gaming Board in which there 
15 is discussed any of the following: (i) personal, 
16 commercial, financial, or other information obtained from 
17 any source that is privileged, proprietary, confidential, 
18 or a trade secret; or (ii) information specifically 
19 exempted from the disclosure by federal or State law.
20 (d) Definitions. For purposes of this Section:

21 "Employee" means a person employed by a public body whose 
22relationship
with the public body constitutes an 
23employer-employee relationship under
the usual common law 
24rules, and who is not an independent contractor.

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

26Constitution or laws of this State, the occupant of which is 
 
 
10200HB0562sam001- 9 -LRB102 02734 RLC 27377 a


1charged with
the exercise of some portion of the sovereign 
2power of this State. The term
"public office" shall include 
3members of the public body, but it shall not
include 
4organizational positions filled by members thereof, whether

5established by law or by a public body itself, that exist to 
6assist the
body in the conduct of its business.

7 "Quasi-adjudicative body" means an administrative body 
8charged by law or
ordinance with the responsibility to conduct 
9hearings, receive evidence or
testimony and make 
10determinations based
thereon, but does not include
local 
11electoral boards when such bodies are considering petition 
12challenges.

13 (e) Final action. No final action may be taken at a closed 
14meeting.
Final action shall be preceded by a public recital of 
15the nature of the
matter being considered and other 
16information that will inform the
public of the business being 
17conducted. 

18(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17; 
19100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff. 
208-23-19; revised 9-27-19.)

21 (Text of Section after amendment by P.A. 101-652)

22 Sec. 2. Open meetings. 

23 (a) Openness required. All meetings of public
bodies shall 
24be open to the public unless excepted in subsection (c)
and 
25closed in accordance with Section 2a.

 
 
10200HB0562sam001- 10 -LRB102 02734 RLC 27377 a


1 (b) Construction of exceptions. The exceptions contained 
2in subsection
(c) are in derogation of the requirement that 
3public bodies
meet in the open, and therefore, the exceptions 
4are to be strictly
construed, extending only to subjects 
5clearly within their scope.
The exceptions authorize but do 
6not require the holding of
a closed meeting to discuss a 
7subject included within an enumerated exception.

8 (c) Exceptions. A public body may hold closed meetings to 
9consider the
following subjects:

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

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

26  (2) Collective negotiating matters between the public 
 
 
10200HB0562sam001- 11 -LRB102 02734 RLC 27377 a


1 body and its
employees or their representatives, or 
2 deliberations concerning salary
schedules for one or more 
3 classes of employees.

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

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

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

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

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

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

 
 
10200HB0562sam001- 12 -LRB102 02734 RLC 27377 a


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

4 potential danger to the safety of employees, students, 
5 staff, the public, or
public
property.

6  (9) Student disciplinary cases.

7  (10) The placement of individual students in special 
8 education
programs and other matters relating to 
9 individual students.

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

15 recorded and entered into the minutes of the closed 
16 meeting.

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

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

25 association or self insurance pool of which the public 
26 body is a member.

 
 
10200HB0562sam001- 13 -LRB102 02734 RLC 27377 a


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

5 administrative agency for their enforcement.

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

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

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

18  (17) The recruitment, credentialing, discipline or 
19 formal peer review
of physicians or other
health care 
20 professionals, or for the discussion of matters protected 
21 under the federal Patient Safety and Quality Improvement 
22 Act of 2005, and the regulations promulgated thereunder, 
23 including 42 C.F.R. Part 3 (73 FR 70732), or the federal 
24 Health Insurance Portability and Accountability Act of 
25 1996, and the regulations promulgated thereunder, 
26 including 45 C.F.R. Parts 160, 162, and 164, by a 
 
 
10200HB0562sam001- 14 -LRB102 02734 RLC 27377 a


1 hospital, or
other institution providing medical care, 
2 that is operated by the public body.

3  (18) Deliberations for decisions of the Prisoner 
4 Review Board.

5  (19) Review or discussion of applications received 
6 under the
Experimental Organ Transplantation Procedures 
7 Act.

8  (20) The classification and discussion of matters 
9 classified as
confidential or continued confidential by 
10 the State Government Suggestion Award
Board.

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

15  (22) Deliberations for decisions of the State

16 Emergency Medical Services Disciplinary
Review Board.

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

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

 
 
10200HB0562sam001- 15 -LRB102 02734 RLC 27377 a


1  (25) Meetings of an independent team of experts under 
2 Brian's Law. 
3  (26) Meetings of a mortality review team appointed 
4 under the Department of Juvenile Justice Mortality Review 
5 Team Act. 
6  (27) (Blank). 
7  (28) Correspondence and records (i) that may not be 
8 disclosed under Section 11-9 of the Illinois Public Aid 
9 Code or (ii) that pertain to appeals under Section 11-8 of 
10 the Illinois Public Aid Code. 
11  (29) Meetings between internal or external auditors 
12 and governmental audit committees, finance committees, and 
13 their equivalents, when the discussion involves internal 
14 control weaknesses, identification of potential fraud risk 
15 areas, known or suspected frauds, and fraud interviews 
16 conducted in accordance with generally accepted auditing 
17 standards of the United States of America.
18  (30) Those meetings or portions of meetings of a 
19 fatality review team or the Illinois Fatality Review Team 
20 Advisory Council during which a review of the death of an 
21 eligible adult in which abuse or neglect is suspected, 
22 alleged, or substantiated is conducted pursuant to Section 
23 15 of the Adult Protective Services Act. 
24  (31) Meetings and deliberations for decisions of the 
25 Concealed Carry Licensing Review Board under the Firearm 
26 Concealed Carry Act. 
 
 
10200HB0562sam001- 16 -LRB102 02734 RLC 27377 a


1  (32) Meetings between the Regional Transportation 
2 Authority Board and its Service Boards when the discussion 
3 involves review by the Regional Transportation Authority 
4 Board of employment contracts under Section 28d of the 
5 Metropolitan Transit Authority Act and Sections 3A.18 and 
6 3B.26 of the Regional Transportation Authority Act.
7  (33) Those meetings or portions of meetings of the 
8 advisory committee and peer review subcommittee created 
9 under Section 320 of the Illinois Controlled Substances 
10 Act during which specific controlled substance prescriber, 
11 dispenser, or patient information is discussed.
12  (34) Meetings of the Tax Increment Financing Reform 
13 Task Force under Section 2505-800 of the Department of 
14 Revenue Law of the Civil Administrative Code of Illinois. 
15  (35) Meetings of the group established to discuss 
16 Medicaid capitation rates under Section 5-30.8 of the 
17 Illinois Public Aid Code. 
18  (36) Those deliberations or portions of deliberations 
19 for decisions of the Illinois Gaming Board in which there 
20 is discussed any of the following: (i) personal, 
21 commercial, financial, or other information obtained from 
22 any source that is privileged, proprietary, confidential, 
23 or a trade secret; or (ii) information specifically 
24 exempted from the disclosure by federal or State law.
25  (37) Deliberations for decisions of the Illinois Law

26 Enforcement Training Standards Board, the Certification 
 
 
10200HB0562sam001- 17 -LRB102 02734 RLC 27377 a


1 Review Panel, and the Illinois State Police Merit Board 
2 regarding certification and decertification. 
3  (38) Meetings of the Firearm Owner's Identification 
4 Card Review Board under Section 10 of the Firearm Owners 
5 Identification Card Act. 
6 (d) Definitions. For purposes of this Section:

7 "Employee" means a person employed by a public body whose 
8relationship
with the public body constitutes an 
9employer-employee relationship under
the usual common law 
10rules, and who is not an independent contractor.

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

12Constitution or laws of this State, the occupant of which is 
13charged with
the exercise of some portion of the sovereign 
14power of this State. The term
"public office" shall include 
15members of the public body, but it shall not
include 
16organizational positions filled by members thereof, whether

17established by law or by a public body itself, that exist to 
18assist the
body in the conduct of its business.

19 "Quasi-adjudicative body" means an administrative body 
20charged by law or
ordinance with the responsibility to conduct 
21hearings, receive evidence or
testimony and make 
22determinations based
thereon, but does not include
local 
23electoral boards when such bodies are considering petition 
24challenges.

25 (e) Final action. No final action may be taken at a closed 
26meeting.
Final action shall be preceded by a public recital of 
 
 
10200HB0562sam001- 18 -LRB102 02734 RLC 27377 a


1the nature of the
matter being considered and other 
2information that will inform the
public of the business being 
3conducted. 

4(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17; 
5100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff. 
68-23-19; 101-652, eff. 1-1-22.)

7 Section 5. The Freedom of Information Act is amended by 
8changing Section 7.5 as follows:



9 (5 ILCS 140/7.5)


10 (Text of Section before amendment by P.A. 101-652)
11 Sec. 7.5. Statutory exemptions. To the extent provided for 
12by the statutes referenced below, the following shall be 
13exempt from inspection and copying:
14  (a) All information determined to be confidential 
15 under Section 4002 of the Technology Advancement and 
16 Development Act.
17  (b) Library circulation and order records identifying 
18 library users with specific materials under the Library 
19 Records Confidentiality Act.
20  (c) Applications, related documents, and medical 
21 records received by the Experimental Organ Transplantation 
22 Procedures Board and any and all documents or other 
23 records prepared by the Experimental Organ Transplantation 
24 Procedures Board or its staff relating to applications it 
 
 
10200HB0562sam001- 19 -LRB102 02734 RLC 27377 a


1 has received.
2  (d) Information and records held by the Department of 
3 Public Health and its authorized representatives relating 
4 to known or suspected cases of sexually transmissible 
5 disease or any information the disclosure of which is 
6 restricted under the Illinois Sexually Transmissible 
7 Disease Control Act.
8  (e) Information the disclosure of which is exempted 
9 under Section 30 of the Radon Industry Licensing Act.
10  (f) Firm performance evaluations under Section 55 of 
11 the Architectural, Engineering, and Land Surveying 
12 Qualifications Based Selection Act.
13  (g) Information the disclosure of which is restricted 
14 and exempted under Section 50 of the Illinois Prepaid 
15 Tuition Act.
16  (h) Information the disclosure of which is exempted 
17 under the State Officials and Employees Ethics Act, and 
18 records of any lawfully created State or local inspector 
19 general's office that would be exempt if created or 
20 obtained by an Executive Inspector General's office under 
21 that Act.
22  (i) Information contained in a local emergency energy 
23 plan submitted to a municipality in accordance with a 
24 local emergency energy plan ordinance that is adopted 
25 under Section 11-21.5-5 of the Illinois Municipal Code.
26  (j) Information and data concerning the distribution 
 
 
10200HB0562sam001- 20 -LRB102 02734 RLC 27377 a


1 of surcharge moneys collected and remitted by carriers 
2 under the Emergency Telephone System Act.
3  (k) Law enforcement officer identification information 
4 or driver identification information compiled by a law 
5 enforcement agency or the Department of Transportation 
6 under Section 11-212 of the Illinois Vehicle Code.
7  (l) Records and information provided to a residential 
8 health care facility resident sexual assault and death 
9 review team or the Executive Council under the Abuse 
10 Prevention Review Team Act.
11  (m) Information provided to the predatory lending 
12 database created pursuant to Article 3 of the Residential 
13 Real Property Disclosure Act, except to the extent 
14 authorized under that Article.
15  (n) Defense budgets and petitions for certification of 
16 compensation and expenses for court appointed trial 
17 counsel as provided under Sections 10 and 15 of the 
18 Capital Crimes Litigation Act. This subsection (n) shall 
19 apply until the conclusion of the trial of the case, even 
20 if the prosecution chooses not to pursue the death penalty 
21 prior to trial or sentencing.
22  (o) Information that is prohibited from being 
23 disclosed under Section 4 of the Illinois Health and 
24 Hazardous Substances Registry Act.
25  (p) Security portions of system safety program plans, 
26 investigation reports, surveys, schedules, lists, data, or 
 
 
10200HB0562sam001- 21 -LRB102 02734 RLC 27377 a


1 information compiled, collected, or prepared by or for the 
2 Regional Transportation Authority under Section 2.11 of 
3 the Regional Transportation Authority Act or the St. Clair 
4 County Transit District under the Bi-State Transit Safety 
5 Act. 
6  (q) Information prohibited from being disclosed by the 
7 Personnel Record Review Act. 
8  (r) Information prohibited from being disclosed by the 
9 Illinois School Student Records Act. 
10  (s) Information the disclosure of which is restricted 
11 under Section 5-108 of the Public Utilities Act. 

12  (t) All identified or deidentified health information 
13 in the form of health data or medical records contained 
14 in, stored in, submitted to, transferred by, or released 
15 from the Illinois Health Information Exchange, and 
16 identified or deidentified health information in the form 
17 of health data and medical records of the Illinois Health 
18 Information Exchange in the possession of the Illinois 
19 Health Information Exchange Office due to its 
20 administration of the Illinois Health Information 
21 Exchange. The terms "identified" and "deidentified" shall 
22 be given the same meaning as in the Health Insurance 
23 Portability and Accountability Act of 1996, Public Law 
24 104-191, or any subsequent amendments thereto, and any 
25 regulations promulgated thereunder. 
26  (u) Records and information provided to an independent 
 
 
10200HB0562sam001- 22 -LRB102 02734 RLC 27377 a


1 team of experts under the Developmental Disability and 
2 Mental Health Safety Act (also known as Brian's Law). 
3  (v) Names and information of people who have applied 
4 for or received Firearm Owner's Identification Cards under 
5 the Firearm Owners Identification Card Act or applied for 
6 or received a concealed carry license under the Firearm 
7 Concealed Carry Act, unless otherwise authorized by the 
8 Firearm Concealed Carry Act; and databases under the 
9 Firearm Concealed Carry Act, records of the Concealed 
10 Carry Licensing Review Board under the Firearm Concealed 
11 Carry Act, and law enforcement agency objections under the 
12 Firearm Concealed Carry Act. 
13  (w) Personally identifiable information which is 
14 exempted from disclosure under subsection (g) of Section 
15 19.1 of the Toll Highway Act.
16  (x) Information which is exempted from disclosure 
17 under Section 5-1014.3 of the Counties Code or Section 
18 8-11-21 of the Illinois Municipal Code. 
19  (y) Confidential information under the Adult 
20 Protective Services Act and its predecessor enabling 
21 statute, the Elder Abuse and Neglect Act, including 
22 information about the identity and administrative finding 
23 against any caregiver of a verified and substantiated 
24 decision of abuse, neglect, or financial exploitation of 
25 an eligible adult maintained in the Registry established 
26 under Section 7.5 of the Adult Protective Services Act. 
 
 
10200HB0562sam001- 23 -LRB102 02734 RLC 27377 a


1  (z) Records and information provided to a fatality 
2 review team or the Illinois Fatality Review Team Advisory 
3 Council under Section 15 of the Adult Protective Services 
4 Act. 
5  (aa) Information which is exempted from disclosure 
6 under Section 2.37 of the Wildlife Code. 
7  (bb) Information which is or was prohibited from 
8 disclosure by the Juvenile Court Act of 1987. 
9  (cc) Recordings made under the Law Enforcement 
10 Officer-Worn Body Camera Act, except to the extent 
11 authorized under that Act.
12  (dd) Information that is prohibited from being 
13 disclosed under Section 45 of the Condominium and Common 
14 Interest Community Ombudsperson Act. 
15  (ee) Information that is exempted from disclosure 
16 under Section 30.1 of the Pharmacy Practice Act. 
17  (ff) Information that is exempted from disclosure 
18 under the Revised Uniform Unclaimed Property Act. 
19  (gg) Information that is prohibited from being 
20 disclosed under Section 7-603.5 of the Illinois Vehicle 
21 Code. 
22  (hh) Records that are exempt from disclosure under 
23 Section 1A-16.7 of the Election Code. 
24  (ii) Information which is exempted from disclosure 
25 under Section 2505-800 of the Department of Revenue Law of 
26 the Civil Administrative Code of Illinois. 
 
 
10200HB0562sam001- 24 -LRB102 02734 RLC 27377 a


1  (jj) Information and reports that are required to be 
2 submitted to the Department of Labor by registering day 
3 and temporary labor service agencies but are exempt from 
4 disclosure under subsection (a-1) of Section 45 of the Day 
5 and Temporary Labor Services Act. 
6  (kk) Information prohibited from disclosure under the 
7 Seizure and Forfeiture Reporting Act. 
8  (ll) Information the disclosure of which is restricted 
9 and exempted under Section 5-30.8 of the Illinois Public 
10 Aid Code. 
11  (mm) Records that are exempt from disclosure under 
12 Section 4.2 of the Crime Victims Compensation Act. 
13  (nn) Information that is exempt from disclosure under 
14 Section 70 of the Higher Education Student Assistance Act. 
15  (oo) Communications, notes, records, and reports 
16 arising out of a peer support counseling session 
17 prohibited from disclosure under the First Responders 
18 Suicide Prevention Act. 
19  (pp) Names and all identifying information relating to 
20 an employee of an emergency services provider or law 
21 enforcement agency under the First Responders Suicide 
22 Prevention Act. 
23  (qq) Information and records held by the Department of 
24 Public Health and its authorized representatives collected 
25 under the Reproductive Health Act. 
26  (rr) Information that is exempt from disclosure under 
 
 
10200HB0562sam001- 25 -LRB102 02734 RLC 27377 a


1 the Cannabis Regulation and Tax Act. 
2  (ss) Data reported by an employer to the Department of 
3 Human Rights pursuant to Section 2-108 of the Illinois 
4 Human Rights Act.
5  (tt) Recordings made under the Children's Advocacy 
6 Center Act, except to the extent authorized under that 
7 Act. 
8  (uu) Information that is exempt from disclosure under 
9 Section 50 of the Sexual Assault Evidence Submission Act. 
10  (vv) Information that is exempt from disclosure under 
11 subsections (f) and (j) of Section 5-36 of the Illinois 
12 Public Aid Code. 
13  (ww) Information that is exempt from disclosure under 
14 Section 16.8 of the State Treasurer Act. 
15  (xx) Information that is exempt from disclosure or 
16 information that shall not be made public under the 
17 Illinois Insurance Code. 
18  (yy) Information prohibited from being disclosed under 
19 the Illinois Educational Labor Relations Act.
20  (zz) Information prohibited from being disclosed under 
21 the Illinois Public Labor Relations Act. 
22  (aaa) Information prohibited from being disclosed 
23 under Section 1-167 of the Illinois Pension Code. 
24  (bbb) Information that is exempt from disclosure under 
25 subsection (k) of Section 11 of the Equal Pay Act of 2003. 
26(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; 
 
 
10200HB0562sam001- 26 -LRB102 02734 RLC 27377 a


1100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. 
28-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, 
3eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; 
4100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff. 
56-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, 
6eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; 
7101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. 
81-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649, 
9eff. 7-7-20; 101-656, eff. 3-23-21.)

10 (Text of Section after amendment by P.A. 101-652)

11 Sec. 7.5. Statutory exemptions. To the extent provided for 
12by the statutes referenced below, the following shall be 
13exempt from inspection and copying:
14  (a) All information determined to be confidential 
15 under Section 4002 of the Technology Advancement and 
16 Development Act.
17  (b) Library circulation and order records identifying 
18 library users with specific materials under the Library 
19 Records Confidentiality Act.
20  (c) Applications, related documents, and medical 
21 records received by the Experimental Organ Transplantation 
22 Procedures Board and any and all documents or other 
23 records prepared by the Experimental Organ Transplantation 
24 Procedures Board or its staff relating to applications it 
25 has received.
 
 
10200HB0562sam001- 27 -LRB102 02734 RLC 27377 a


1  (d) Information and records held by the Department of 
2 Public Health and its authorized representatives relating 
3 to known or suspected cases of sexually transmissible 
4 disease or any information the disclosure of which is 
5 restricted under the Illinois Sexually Transmissible 
6 Disease Control Act.
7  (e) Information the disclosure of which is exempted 
8 under Section 30 of the Radon Industry Licensing Act.
9  (f) Firm performance evaluations under Section 55 of 
10 the Architectural, Engineering, and Land Surveying 
11 Qualifications Based Selection Act.
12  (g) Information the disclosure of which is restricted 
13 and exempted under Section 50 of the Illinois Prepaid 
14 Tuition Act.
15  (h) Information the disclosure of which is exempted 
16 under the State Officials and Employees Ethics Act, and 
17 records of any lawfully created State or local inspector 
18 general's office that would be exempt if created or 
19 obtained by an Executive Inspector General's office under 
20 that Act.
21  (i) Information contained in a local emergency energy 
22 plan submitted to a municipality in accordance with a 
23 local emergency energy plan ordinance that is adopted 
24 under Section 11-21.5-5 of the Illinois Municipal Code.
25  (j) Information and data concerning the distribution 
26 of surcharge moneys collected and remitted by carriers 
 
 
10200HB0562sam001- 28 -LRB102 02734 RLC 27377 a


1 under the Emergency Telephone System Act.
2  (k) Law enforcement officer identification information 
3 or driver identification information compiled by a law 
4 enforcement agency or the Department of Transportation 
5 under Section 11-212 of the Illinois Vehicle Code.
6  (l) Records and information provided to a residential 
7 health care facility resident sexual assault and death 
8 review team or the Executive Council under the Abuse 
9 Prevention Review Team Act.
10  (m) Information provided to the predatory lending 
11 database created pursuant to Article 3 of the Residential 
12 Real Property Disclosure Act, except to the extent 
13 authorized under that Article.
14  (n) Defense budgets and petitions for certification of 
15 compensation and expenses for court appointed trial 
16 counsel as provided under Sections 10 and 15 of the 
17 Capital Crimes Litigation Act. This subsection (n) shall 
18 apply until the conclusion of the trial of the case, even 
19 if the prosecution chooses not to pursue the death penalty 
20 prior to trial or sentencing.
21  (o) Information that is prohibited from being 
22 disclosed under Section 4 of the Illinois Health and 
23 Hazardous Substances Registry Act.
24  (p) Security portions of system safety program plans, 
25 investigation reports, surveys, schedules, lists, data, or 
26 information compiled, collected, or prepared by or for the 
 
 
10200HB0562sam001- 29 -LRB102 02734 RLC 27377 a


1 Regional Transportation Authority under Section 2.11 of 
2 the Regional Transportation Authority Act or the St. Clair 
3 County Transit District under the Bi-State Transit Safety 
4 Act. 
5  (q) Information prohibited from being disclosed by the 
6 Personnel Record Review Act. 
7  (r) Information prohibited from being disclosed by the 
8 Illinois School Student Records Act. 
9  (s) Information the disclosure of which is restricted 
10 under Section 5-108 of the Public Utilities Act. 

11  (t) All identified or deidentified health information 
12 in the form of health data or medical records contained 
13 in, stored in, submitted to, transferred by, or released 
14 from the Illinois Health Information Exchange, and 
15 identified or deidentified health information in the form 
16 of health data and medical records of the Illinois Health 
17 Information Exchange in the possession of the Illinois 
18 Health Information Exchange Office due to its 
19 administration of the Illinois Health Information 
20 Exchange. The terms "identified" and "deidentified" shall 
21 be given the same meaning as in the Health Insurance 
22 Portability and Accountability Act of 1996, Public Law 
23 104-191, or any subsequent amendments thereto, and any 
24 regulations promulgated thereunder. 
25  (u) Records and information provided to an independent 
26 team of experts under the Developmental Disability and 
 
 
10200HB0562sam001- 30 -LRB102 02734 RLC 27377 a


1 Mental Health Safety Act (also known as Brian's Law). 
2  (v) Names and information of people who have applied 
3 for or received Firearm Owner's Identification Cards under 
4 the Firearm Owners Identification Card Act or applied for 
5 or received a concealed carry license under the Firearm 
6 Concealed Carry Act, unless otherwise authorized by the 
7 Firearm Concealed Carry Act; and databases under the 
8 Firearm Concealed Carry Act, records of the Concealed 
9 Carry Licensing Review Board under the Firearm Concealed 
10 Carry Act, and law enforcement agency objections under the 
11 Firearm Concealed Carry Act. 
12  (v-5) Records of the Firearm Owner's Identification 
13 Card Review Board that are exempted from disclosure under 
14 Section 10 of the Firearm Owners Identification Card Act.
15  (w) Personally identifiable information which is 
16 exempted from disclosure under subsection (g) of Section 
17 19.1 of the Toll Highway Act.
18  (x) Information which is exempted from disclosure 
19 under Section 5-1014.3 of the Counties Code or Section 
20 8-11-21 of the Illinois Municipal Code. 
21  (y) Confidential information under the Adult 
22 Protective Services Act and its predecessor enabling 
23 statute, the Elder Abuse and Neglect Act, including 
24 information about the identity and administrative finding 
25 against any caregiver of a verified and substantiated 
26 decision of abuse, neglect, or financial exploitation of 
 
 
10200HB0562sam001- 31 -LRB102 02734 RLC 27377 a


1 an eligible adult maintained in the Registry established 
2 under Section 7.5 of the Adult Protective Services Act. 
3  (z) Records and information provided to a fatality 
4 review team or the Illinois Fatality Review Team Advisory 
5 Council under Section 15 of the Adult Protective Services 
6 Act. 
7  (aa) Information which is exempted from disclosure 
8 under Section 2.37 of the Wildlife Code. 
9  (bb) Information which is or was prohibited from 
10 disclosure by the Juvenile Court Act of 1987. 
11  (cc) Recordings made under the Law Enforcement 
12 Officer-Worn Body Camera Act, except to the extent 
13 authorized under that Act.
14  (dd) Information that is prohibited from being 
15 disclosed under Section 45 of the Condominium and Common 
16 Interest Community Ombudsperson Act. 
17  (ee) Information that is exempted from disclosure 
18 under Section 30.1 of the Pharmacy Practice Act. 
19  (ff) Information that is exempted from disclosure 
20 under the Revised Uniform Unclaimed Property Act. 
21  (gg) Information that is prohibited from being 
22 disclosed under Section 7-603.5 of the Illinois Vehicle 
23 Code. 
24  (hh) Records that are exempt from disclosure under 
25 Section 1A-16.7 of the Election Code. 
26  (ii) Information which is exempted from disclosure 
 
 
10200HB0562sam001- 32 -LRB102 02734 RLC 27377 a


1 under Section 2505-800 of the Department of Revenue Law of 
2 the Civil Administrative Code of Illinois. 
3  (jj) Information and reports that are required to be 
4 submitted to the Department of Labor by registering day 
5 and temporary labor service agencies but are exempt from 
6 disclosure under subsection (a-1) of Section 45 of the Day 
7 and Temporary Labor Services Act. 
8  (kk) Information prohibited from disclosure under the 
9 Seizure and Forfeiture Reporting Act. 
10  (ll) Information the disclosure of which is restricted 
11 and exempted under Section 5-30.8 of the Illinois Public 
12 Aid Code. 
13  (mm) Records that are exempt from disclosure under 
14 Section 4.2 of the Crime Victims Compensation Act. 
15  (nn) Information that is exempt from disclosure under 
16 Section 70 of the Higher Education Student Assistance Act. 
17  (oo) Communications, notes, records, and reports 
18 arising out of a peer support counseling session 
19 prohibited from disclosure under the First Responders 
20 Suicide Prevention Act. 
21  (pp) Names and all identifying information relating to 
22 an employee of an emergency services provider or law 
23 enforcement agency under the First Responders Suicide 
24 Prevention Act. 
25  (qq) Information and records held by the Department of 
26 Public Health and its authorized representatives collected 
 
 
10200HB0562sam001- 33 -LRB102 02734 RLC 27377 a


1 under the Reproductive Health Act. 
2  (rr) Information that is exempt from disclosure under 
3 the Cannabis Regulation and Tax Act. 
4  (ss) Data reported by an employer to the Department of 
5 Human Rights pursuant to Section 2-108 of the Illinois 
6 Human Rights Act.
7  (tt) Recordings made under the Children's Advocacy 
8 Center Act, except to the extent authorized under that 
9 Act. 
10  (uu) Information that is exempt from disclosure under 
11 Section 50 of the Sexual Assault Evidence Submission Act. 
12  (vv) Information that is exempt from disclosure under 
13 subsections (f) and (j) of Section 5-36 of the Illinois 
14 Public Aid Code. 
15  (ww) Information that is exempt from disclosure under 
16 Section 16.8 of the State Treasurer Act. 
17  (xx) Information that is exempt from disclosure or 
18 information that shall not be made public under the 
19 Illinois Insurance Code. 
20  (yy) Information prohibited from being disclosed under 
21 the Illinois Educational Labor Relations Act.
22  (zz) Information prohibited from being disclosed under 
23 the Illinois Public Labor Relations Act. 
24  (aaa) Information prohibited from being disclosed 
25 under Section 1-167 of the Illinois Pension Code. 
26  (bbb) Information that is exempt from disclosure under 
 
 
10200HB0562sam001- 34 -LRB102 02734 RLC 27377 a


1 subsection (k) of Section 11 of the Equal Pay Act of 2003. 
2  (ccc) (bbb) Information that is prohibited from 
3 disclosure by the Illinois Police Training Act and the 
4 State Police Act. 
5  (ddd) Records exempt from disclosure under Section

6 2605-304 of the Department of State Police Law of the 
7 Civil
Administrative Code of Illinois. 
8(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; 
9100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. 
108-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, 
11eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; 
12100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff. 
136-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, 
14eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; 
15101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. 
161-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649, 
17eff. 7-7-20; 101-652, eff. 1-1-22; 101-656, eff. 3-23-21; 
18revised 4-21-21.)

19 Section 7. The Gun Trafficking Information Act is amended 
20by changing Section 10-5 as follows:

21 (5 ILCS 830/10-5)

22 Sec. 10-5. Gun trafficking information.

23 (a) The Department of State Police shall use all 
24reasonable efforts in making publicly available, on a regular 
 
 
10200HB0562sam001- 35 -LRB102 02734 RLC 27377 a


1and ongoing
basis, key information related to firearms used in 
2the
commission of crimes in this State, including, but not 
3limited
to: reports on crimes committed with firearms, 
4locations where
the crimes occurred, the number of persons 
5killed or injured in
the commission of the crimes, the state 
6where the firearms used
originated, the Federal Firearms 
7Licensee that sold the firearm, and the type of firearms used, 
8annual statistical information concerning Firearm Owner's 
9Identification Card and concealed carry license applications, 
10revocations, and compliance with Section 9.5 of the Firearm 
11Owners Identification Card Act, firearm restraining order 
12dispositions, and firearm dealer license certification 
13inspections. The Department
shall make the information 
14available on its
website, which may be presented in a 
15dashboard format, in addition to electronically filing a 
16report with the
Governor and the General Assembly. The report 
17to the General
Assembly shall be filed with the Clerk of the 
18House of
Representatives and the Secretary of the Senate in 
19electronic
form only, in the manner that the Clerk and the 
20Secretary shall
direct.

21 (b) The Department shall study, on a regular and ongoing 
22basis, and compile reports on the number of Firearm Owner's 
23Identification Card checks to determine firearms trafficking 
24or straw purchase patterns. The Department shall, to the 
25extent not inconsistent with law, share such reports and 
26underlying data with academic centers, foundations, and law 
 
 
10200HB0562sam001- 36 -LRB102 02734 RLC 27377 a


1enforcement agencies studying firearms trafficking, provided 
2that personally identifying information is protected. For 
3purposes of this subsection (b), a Firearm Owner's 
4Identification Card number is not personally identifying 
5information, provided that no other personal information of 
6the card holder is attached to the record. The Department may 
7create and attach an alternate unique identifying number to 
8each Firearm Owner's Identification Card number, instead of 
9releasing the Firearm Owner's Identification Card number 
10itself.
11 (c) Each department, office, division, and agency of this

12State shall, to the extent not inconsistent with law, 
13cooperate
fully with the Department and furnish the
Department 
14with all relevant information and assistance on a
timely basis 
15as is necessary to accomplish the purpose of this
Act. The 
16Illinois Criminal Justice Information Authority shall submit 
17the information required in subsection (a) of this Section to 
18the Department of State Police, and any other information as 
19the Department may request, to assist the Department in 
20carrying out its duties under this Act.

21(Source: P.A. 100-1178, eff. 1-18-19.)

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

23Civil Administrative Code of Illinois is amended by changing 
24Section 2605-605 and by adding Section 2605-304 as follows:

 
 
10200HB0562sam001- 37 -LRB102 02734 RLC 27377 a


1 (20 ILCS 2605/2605-304 new)
2 Sec. 2605-304. Prohibited persons portal.
3 (a) Within 90 days after the effective date of this 
4amendatory Act of the 102nd General Assembly, the Illinois 
5State Police shall establish a portal for use by federal, 
6State, or local law enforcement agencies, including Offices of 
7the State's Attorneys and the Office of the Attorney General 
8to capture a report of persons whose Firearm Owner's 
9Identification Cards have been revoked or suspended. The 
10portal is for law enforcement purposes only.
11 (b) The Illinois State Police shall include in the report 
12the reason the person's Firearm Owner's Identification Card 
13was subject to revocation or suspension, to the extent allowed 
14by law, consistent with Sections 8 and 8.2 of the Firearm 
15Owners Identification Card Act. 
16 (c) The Illinois State Police shall indicate whether the 
17person subject to the revocation or suspension of his or her 
18Firearm Owner's Identification Card has surrendered his or her 
19revoked or suspended Firearm Owner's Identification Card and 
20whether the person has completed a Firearm Disposition Record 
21required under Section 9.5 of the Firearm Owners 
22Identification Card Act. The Illinois State Police shall make 
23reasonable efforts to make this information available on the 
24Law Enforcement Agencies Data System (LEADS). 
25 (d) The Illinois State Police shall provide updates of 
26information related to an individual's current Firearm Owner's 
 
 
10200HB0562sam001- 38 -LRB102 02734 RLC 27377 a


1Identification Card revocation or suspension status, including 
2compliance under Section 9.5 of the Firearm Owners 
3Identification Card Act, in the Illinois State Police's Law 
4Enforcement Agencies Data System. 
5 (e) Records in this portal are exempt from disclosure 
6under the Freedom of Information Act. 
7 (f) The Illinois State Police may adopt rules necessary to 
8implement this Section. 

9 (20 ILCS 2605/2605-605)
10 Sec. 2605-605. Violent Crime Intelligence Task Force. The 
11Director of State Police shall may establish a statewide 
12multi-jurisdictional Violent Crime Intelligence Task Force led 
13by the Department of State Police dedicated to combating gun 
14violence, gun-trafficking, and other violent crime with the 
15primary mission of preservation of life and reducing the 
16occurrence and the fear of crime. The objectives of the Task 
17Force shall include, but not be limited to, reducing and 
18preventing illegal possession and use of firearms, 
19firearm-related homicides, and other violent crimes, and 
20solving firearm-related crimes. 
21 (1) The Task Force may develop and acquire information, 
22training, tools, and resources necessary to implement a 
23data-driven approach to policing, with an emphasis on 
24intelligence development.
25 (2) The Task Force may utilize information sharing, 
 
 
10200HB0562sam001- 39 -LRB102 02734 RLC 27377 a


1partnerships, crime analysis, and evidence-based practices to 
2assist in the reduction of firearm-related shootings, 
3homicides, and gun-trafficking, including, but not limited to, 
4ballistic data, eTrace data, DNA evidence, latent 
5fingerprints, firearm training data, and National Integrated 
6Ballistic Information Network (NIBIN) data. The Task Force may 
7design a model crime gun intelligence strategy which may 
8include, but is not limited to, comprehensive collection and 
9documentation of all ballistic evidence, timely transfer of 
10NIBIN and eTrace leads to an intelligence center, which may 
11include the Division of Criminal Investigation of the Illinois 
12State Police, timely dissemination of intelligence to 
13investigators, investigative follow-up, and coordinated 
14prosecution.
15 (3) The Task Force may recognize and utilize best 
16practices of community policing and may develop potential 
17partnerships with faith-based and community organizations to 
18achieve its goals.
19 (4) The Task Force may identify and utilize best practices 
20in drug-diversion programs and other community-based services 
21to redirect low-level offenders.
22 (5) The Task Force may assist in violence suppression 
23strategies including, but not limited to, details in 
24identified locations that have shown to be the most prone to 
25gun violence and violent crime, focused deterrence against 
26violent gangs and groups considered responsible for the 
 
 
10200HB0562sam001- 40 -LRB102 02734 RLC 27377 a


1violence in communities, and other intelligence driven methods 
2deemed necessary to interrupt cycles of violence or prevent 
3retaliation.
4 (6) In consultation with the Chief Procurement Officer, 
5the Department of State Police may obtain contracts for 
6software, commodities, resources, and equipment to assist the 
7Task Force with achieving this Act. Any contracts necessary to 
8support the delivery of necessary software, commodities, 
9resources, and equipment are not subject to the Illinois 
10Procurement Code, except for Sections 20-60, 20-65, 20-70, and 
1120-160 and Article 50 of that Code, provided that the Chief 
12Procurement Officer may, in writing with justification, waive 
13any certification required under Article 50 of the Illinois 
14Procurement Code.
15 (7) The Task Force shall conduct enforcement operations

16against persons whose Firearm Owner's Identification Cards

17have been revoked or suspended and persons who fail to comply

18with the requirements of Section 9.5 of the Firearm Owners

19Identification Card Act, prioritizing individuals presenting a

20clear and present danger to themselves or to others under

21paragraph (2) of subsection (d) of Section 8.1 of the Firearm

22Owners Identification Card Act.
23 (8) The Task Force shall collaborate with local law

24enforcement agencies to enforce provisions of the Firearm

25Owners Identification Card Act, the Firearm Concealed Carry

26Act, the Firearm Dealer License Certification Act, and Article

 
 
10200HB0562sam001- 41 -LRB102 02734 RLC 27377 a


124 of the Criminal Code of 2012.
2 (9) To implement this Section, the Director of the

3Illinois State Police may establish intergovernmental

4agreements with law enforcement agencies in accordance with 
5the
Intergovernmental Cooperation Act.
6 (10) Law enforcement agencies that participate in

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

8to the Illinois State Police for grants from the State Police

9Revocation Enforcement Fund. 

10(Source: P.A. 100-3, eff. 1-1-18.)

11 Section 11. The Illinois Criminal Justice Information Act 
12is amended by adding Section 7.9 as follows:

13 (20 ILCS 3930/7.9 new)
14 Sec. 7.9. Firearm Prohibitors and Records Improvement Task 
15Force. 
16 (a) As used in this Section, "firearms prohibitor" means 
17any factor listed in Section 4 of the Firearm Owners 
18Identification Card Act or Section 24-3 or 24-3.1 of the 
19Criminal Code of 2012 that prohibits a person from 
20transferring or possessing a firearm, firearm ammunition, 
21Firearm Owner's Identification Card, or concealed carry 
22license. 
23 (b) The Firearm Prohibitors and Records Improvement Task 
24Force is created to identify and research all available 
 
 
10200HB0562sam001- 42 -LRB102 02734 RLC 27377 a


1grants, resources, and revenue that may be applied for and 
2used by all entities responsible for reporting federal and 
3State firearm prohibitors to the Illinois State Police and the 
4National Instant Criminal Background Check System. Under the 
5Firearm Owners Identification Card Act, these reporting 
6entities include, but are not limited to, hospitals, courts, 
7law enforcement and corrections. The Task Force shall identify 
8weaknesses in reporting and recommend a strategy to direct 
9resources and revenue to ensuring reporting is reliable, 
10accurate, and timely. The Task Force shall inventory all 
11statutorily mandated firearm and gun violence related data 
12collection and reporting requirements, along with the agency 
13responsible for collecting that data, and identify gaps in 
14those requirements. The Task Force shall submit a coordinated 
15application with and through the Illinois Criminal Justice 
16Information Authority for federal funds from the National 
17Criminal History Improvement Program and the NICS Acts Record 
18Improvement Program.
The Firearm Prohibitors and Records 
19Improvement Task Force shall be comprised of the following 
20members, all of whom shall serve without compensation:
21  (1) the Executive Director of the Illinois Criminal 
22 Justice Information Authority, who shall serve as Chair;
23  (2) the Director of the Illinois State Police, or his 
24 or her designee;
25  (3) the Secretary of Human Services, or his or her 
26 designee;
 
 
10200HB0562sam001- 43 -LRB102 02734 RLC 27377 a


1  (4) the Director of Corrections, or his or her 
2 designee;
3  (5) the Attorney General, or his or her designee;
4  (6) the Director of the Administrative Office of the 
5 Illinois Courts, or his or her designee; 
6  (7) a representative of an association representing 
7 circuit clerks appointed by the President of the Senate;
8  (8) a representative of an association representing 
9 sheriffs appointed by the House Minority Leader;
10  (9) a representative of an association representing 
11 State's Attorneys appointed by the House Minority Leader;
12  (10) a representative of an association representing 
13 chiefs of police appointed by the Senate Minority Leader;
14  (11) a representative of an association representing 
15 hospitals appointed by the Speaker of the House of 
16 Representatives;
17  (12) a representative of an association representing 
18 counties appointed by the President of the Senate; and
19  (13) a representative of an association representing 
20 municipalities appointed by the Speaker of the House of 
21 Representatives.
22 (c)
The Illinois Criminal Justice Information Authority 
23shall provide administrative and other support to the Task 
24Force. The Illinois State Police Division of Justice Services 
25shall also provide support to the Illinois Criminal Justice 
26Information Authority and the Task Force.
 
 
10200HB0562sam001- 44 -LRB102 02734 RLC 27377 a


1 (d) The Task Force may meet in person or virtually and 
2shall issue a written report of its findings and 
3recommendations to General Assembly on or before July 1, 2022. 
4The Task Force shall issue an annual report, which shall 
5include information on the state of FOID data, including a 
6review of previous activity by the Task Force to close 
7previously identified gaps; identifying known (or new) gaps; a 
8proposal of policy and practice recommendations to close those 
9gaps; and a preview of expected activities of the Task Force 
10for the coming year.
11 (e) Within 60 days of the effective date of this 
12amendatory Act of the 102nd General Assembly, the Chair shall 
13establish the Task Force.
14 (f) This Section is repealed on July 1, 2027.

15 Section 15. The State Finance Act is amended by changing 
166z-99 and by adding Sections 5.938 and 6z-125 as follows:

17 (30 ILCS 105/5.938 new)
18 Sec. 5.938. The State Police Revocation Enforcement Fund.

19 (30 ILCS 105/6z-99)
20 Sec. 6z-99. The Mental Health Reporting Fund.
21 (a) There is created in the State treasury a special fund 
22known as the Mental Health Reporting Fund. The Fund shall 
23receive revenue under the Firearm Concealed Carry Act. The 
 
 
10200HB0562sam001- 45 -LRB102 02734 RLC 27377 a


1Fund may also receive revenue from grants, pass-through 
2grants, donations, appropriations, and any other legal source.
3 (b) The Department of State Police and Department of Human 
4Services shall coordinate to use moneys in the Fund to finance 
5their respective duties of collecting and reporting data on 
6mental health records and ensuring that mental health firearm 
7possession prohibitors are enforced as set forth under the 
8Firearm Concealed Carry Act and the Firearm Owners 
9Identification Card Act. Any surplus in the Fund beyond what 
10is necessary to ensure compliance with mental health reporting 
11under these Acts shall be used by the Department of Human 
12Services for mental health treatment programs as follows: (1) 
1350% shall be used to fund
community-based mental health 
14programs aimed at reducing gun
violence, community integration 
15and education, or mental
health awareness and prevention, 
16including administrative
costs; and (2) 50% shall be used to 
17award grants that use and
promote the National School Mental 
18Health Curriculum model for
school-based mental health 
19support, integration, and services.
20 (c) Investment income that is attributable to the 
21investment of moneys in the Fund shall be retained in the Fund 
22for the uses specified in this Section.

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

24 (30 ILCS 105/6z-125 new)
25 Sec. 6z-125. State Police Revocation Enforcement Fund.
 
 
10200HB0562sam001- 46 -LRB102 02734 RLC 27377 a


1 (a) The State Police Revocation Enforcement Fund is 
2established as a special fund in the State treasury. This Fund 
3is established to receive moneys from the Firearm Owners 
4Identification Card Act to enforce that Act, the Firearm 
5Concealed Carry Act, Article 24 of the Criminal Code of 2012, 
6and other firearm offenses. The Fund may also receive revenue 
7from grants, donations, appropriations, and any other legal 
8source.
9 (b) The Illinois State Police may use moneys from the Fund 
10to establish task forces and, if necessary, include other law 
11enforcement agencies, under intergovernmental contracts 
12written and executed in conformity with the Intergovernmental 
13Cooperation Act.
14 (c) The Illinois State Police may use moneys in the Fund to 
15hire and train State Police officers and prevention of violent 
16crime.
17 (d) The State Police Revocation Enforcement Fund is not 
18subject to administrative chargebacks.
19 (e) Law enforcement agencies that participate in Firearm 
20Owner's Identification Card revocation enforcement in the 
21Violent Crime Intelligence Task Force may apply for grants 
22from the Illinois State Police.


23 Section 16. The Intergovernmental Drug Laws Enforcement 
24Act is amended by changing Section 3 as follows:




 
 
10200HB0562sam001- 47 -LRB102 02734 RLC 27377 a


1 (30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)



2 Sec. 3. 
A Metropolitan Enforcement Group which meets the 
3minimum
criteria established in this Section is eligible to 
4receive State grants
to help defray the costs of operation. To 
5be eligible a MEG must:

6  (1) Be established and operating pursuant to 
7 intergovernmental
contracts written and executed in 
8 conformity with the Intergovernmental
Cooperation Act, and 
9 involve 2 or more units of local government.

10  (2) Establish a MEG Policy Board composed of an 
11 elected official, or
his designee, and the chief law 
12 enforcement officer, or his designee,
from each 
13 participating unit of local government to oversee the

14 operations of the MEG and make such reports to the 
15 Department of State
Police as the Department may require.

16  (3) Designate a single appropriate elected official of 
17 a
participating unit of local government to act as the 
18 financial officer
of the MEG for all participating units 
19 of local government and to
receive funds for the operation 
20 of the MEG.

21  (4) Limit its operations to enforcement of drug laws; 
22 enforcement of
Sections 10-9, 24-1, 24-1.1, 24-1.2, 
23 24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1,
24-2.2, 24-3, 
24 24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8, 
25 24-3.9,24-3A, 24-3B, 24-4, and 24-5 and subsections

26 24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 
 
 
10200HB0562sam001- 48 -LRB102 02734 RLC 27377 a


1 24-1(a)(10), and 24-1(c) of the
Criminal Code of 2012; 
2 Sections 2, 3, 6.1, 14 of the Firearm Owners 
3 Identification Card Act; and the investigation of 
4 streetgang related offenses.

5  (5) Cooperate with the Department of State Police in 
6 order to
assure compliance with this Act and to enable the 
7 Department to fulfill
its duties under this Act, and 
8 supply the Department with all
information the Department 
9 deems necessary therefor.

10  (6) Receive funding of at least 50% of the total 
11 operating budget of
the MEG from the participating units 
12 of local government.

13(Source: P.A. 97-1150, eff. 1-25-13.)


14 Section 20. The Firearm Owners Identification Card Act is 
15amended by changing Sections 1.1, 3, 3.1, 4, 5, 6, 7, 8.2, 8.3, 
169.5, 10, 11, and 13.2 and by adding Sections 6.2, 7.5, 8.4, 
178.5, and 13.4 as follows:



18 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)

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 
 
 
10200HB0562sam001- 49 -LRB102 02734 RLC 27377 a


1 addicted to narcotics based upon federal law or federal 
2 guidelines. 
3 "Addicted to narcotics" does not include possession or use 
4of a prescribed controlled substance under the direction and 
5authority of a physician or other person authorized to 
6prescribe the controlled substance when the controlled 
7substance is used in the prescribed manner.
8 "Adjudicated as a person with a mental disability" means 
9the person is the subject of a determination by a court, board, 
10commission or other lawful authority that the person, as a 
11result of marked subnormal intelligence, or mental illness, 
12mental impairment, incompetency, condition, or disease:
13  (1) presents a clear and present danger to himself, 
14 herself, or to others;
15  (2) lacks the mental capacity to manage his or her own 
16 affairs or is adjudicated a person with a disability as 
17 defined in 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 Articles 50a and 72b of the Uniform 
25 Code of Military Justice, 10 U.S.C. 850a, 876b;

26  (6) is a sexually violent person under subsection (f) 
 
 
10200HB0562sam001- 50 -LRB102 02734 RLC 27377 a


1 of Section 5 of the Sexually Violent Persons Commitment 
2 Act; 
3  (7) is a sexually dangerous person under the Sexually 
4 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 as an 
10 inpatient as defined in Section 1-119 of the Mental Health 
11 and Developmental Disabilities Code; 
12  (11) is subject to involuntary admission as 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 
 
 
10200HB0562sam001- 51 -LRB102 02734 RLC 27377 a


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 
6Section 1-103 of the Mental Health and Developmental 
7Disabilities Code.
8 "Controlled substance" means a controlled substance or 
9controlled substance analog as defined in the Illinois 
10Controlled Substances Act. 
11 "Counterfeit" means to copy or imitate, without legal 
12authority, with
intent
to deceive.
13 "Federally licensed firearm dealer" means a person who is 
14licensed as a federal firearms dealer under Section 923 of the 
15federal Gun Control Act of 1968 (18 U.S.C. 923).


16 "Firearm" means any device, by
whatever name known, which 
17is designed to expel a projectile or projectiles
by the action 
18of an explosion, expansion of gas or escape of gas; excluding,

19however:

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

24  (1.1) any pneumatic gun, spring gun, paint ball gun, 
25 or B-B gun which expels breakable paint balls containing 
26 washable marking colors; 
 
 
10200HB0562sam001- 52 -LRB102 02734 RLC 27377 a


1  (2) any device used exclusively for signalling or 
2 safety and required or
recommended by the United States 
3 Coast Guard or the Interstate Commerce
Commission;

4  (3) any device used exclusively for the firing of stud 
5 cartridges,
explosive rivets or similar industrial 
6 ammunition; and

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

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

13 "Firearm ammunition" means any self-contained cartridge or 
14shotgun
shell, by whatever name known, which is designed to be 
15used or adaptable to
use in a firearm; excluding, however:

16  (1) any ammunition exclusively designed for use with a 
17 device used
exclusively for signalling or safety and 
18 required or recommended by the
United States Coast Guard 
19 or the Interstate Commerce Commission; and

20  (2) any ammunition designed exclusively for use with a 
21 stud or rivet
driver or other similar industrial 
22 ammunition.
23 "Gun show" means an event or function:
24  (1) at which the sale and transfer of firearms is the 
25 regular and normal course of business and where 50 or more 
26 firearms are displayed, offered, or exhibited for sale, 
 
 
10200HB0562sam001- 53 -LRB102 02734 RLC 27377 a


1 transfer, or exchange; or
2  (2) at which not less than 10 gun show vendors 
3 display, offer, or exhibit for sale, sell, transfer, or 
4 exchange firearms.

5 "Gun show" includes the entire premises provided for an 
6event or function, including parking areas for the event or 
7function, that is sponsored to facilitate the purchase, sale, 
8transfer, or exchange of firearms as described in this 
9Section.
Nothing in this definition shall be construed to 
10exclude a gun show held in conjunction with competitive 
11shooting events at the World Shooting Complex sanctioned by a 
12national governing body in which the sale or transfer of 
13firearms is authorized under subparagraph (5) of paragraph (g) 
14of subsection (A) of Section 24-3 of the Criminal Code of 2012. 
15 Unless otherwise expressly stated, "gun show" does not 
16include training or safety classes, competitive shooting 
17events, such as rifle, shotgun, or handgun matches, trap, 
18skeet, or sporting clays shoots, dinners, banquets, raffles, 
19or
any other event where the sale or transfer of firearms is 
20not the primary course of business.
21 "Gun show promoter" means a person who organizes or 
22operates a gun show.
23 "Gun show vendor" means a person who exhibits, sells, 
24offers for sale, transfers, or exchanges any firearms at a gun 
25show, regardless of whether the person arranges with a gun 
26show promoter for a fixed location from which to exhibit, 
 
 
10200HB0562sam001- 54 -LRB102 02734 RLC 27377 a


1sell, offer for sale, transfer, or exchange any firearm.
2 "Involuntarily admitted" has the meaning as prescribed in 
3Sections 1-119 and 1-119.1 of the Mental Health and 
4Developmental Disabilities Code. 
5 "Mental health facility" means any licensed private 
6hospital or hospital affiliate, institution, or facility, or 
7part thereof, and any facility, or part thereof, operated by 
8the State or a political subdivision thereof which provide 
9treatment of persons with mental illness and includes all 
10hospitals, institutions, clinics, evaluation facilities, 
11mental health centers, colleges, universities, long-term care 
12facilities, and nursing homes, or parts thereof, which provide 
13treatment of persons with mental illness whether or not the 
14primary purpose is to provide treatment of persons with mental 
15illness. 
16 "National governing body" means a group of persons who 
17adopt rules and formulate policy on behalf of a national 
18firearm sporting organization. 
19 "Patient" means: 
20  (1) a person who is admitted as an inpatient or 
21 resident of a public or private mental health facility for 
22 mental health treatment under Chapter III of the Mental 
23 Health and Developmental Disabilities Code as an informal 
24 admission, a voluntary admission, a minor admission, an 
25 emergency admission, or an involuntary admission, unless 
26 the treatment was solely for an alcohol abuse disorder; or 
 
 
10200HB0562sam001- 55 -LRB102 02734 RLC 27377 a


1  (2) a person who voluntarily or involuntarily receives 
2 mental health treatment as an out-patient or is otherwise 
3 provided services by a public or private mental health 
4 facility, and who poses a clear and present danger to 
5 himself, herself, or to others. 
6 "Person with a developmental disability" means a person 
7with a disability which is attributable to any other condition 
8which results in impairment similar to that caused by an 
9intellectual disability and which requires services similar to 
10those required by persons with intellectual disabilities. The 
11disability must originate before the age of 18
years, be 
12expected to continue indefinitely, and constitute a 
13substantial disability. This disability results, in the 
14professional opinion of a physician, clinical psychologist, or 
15qualified examiner, in significant functional limitations in 3 
16or more of the following areas of major life activity:
17  (i) self-care;
18  (ii) receptive and expressive language;
19  (iii) learning;
20  (iv) mobility; or
21  (v) self-direction. 
22 "Person with an intellectual disability" means a person 
23with a significantly subaverage general intellectual 
24functioning which exists concurrently with impairment in 
25adaptive behavior and which originates before the age of 18 
26years. 
 
 
10200HB0562sam001- 56 -LRB102 02734 RLC 27377 a


1 "Physician" has the meaning as defined in Section 1-120 of 
2the Mental Health and Developmental Disabilities Code.
3 "Protective order" means any orders of protection issued 
4under the Illinois Domestic Violence Act of 1986, stalking no 
5contact orders issued under the Stalking No Contact Order Act, 
6civil no contact orders issued under the Civil No Contact 
7Order Act, and firearms restraining orders issued under the 
8Firearms Restraining Order Act. 
9 "Qualified examiner" has the meaning provided in Section 
101-122 of the Mental Health and Developmental Disabilities 
11Code.
12 "Sanctioned competitive shooting event" means a shooting 
13contest officially recognized by a national or state shooting 
14sport association, and includes any sight-in or practice 
15conducted in conjunction with the event.


16 "School administrator" means the person required to report 
17under the School Administrator Reporting of Mental Health 
18Clear and Present Danger Determinations Law.
19 "Stun gun or taser" has the meaning ascribed to it in 
20Section 24-1 of the Criminal Code of 2012.
21(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; 
2299-642, eff. 7-28-16; 100-906, eff. 1-1-19.)

23 (430 ILCS 65/3) (from Ch. 38, par. 83-3)
24 Sec. 3. (a) Except as provided in Section 3a, no person may 
25knowingly
transfer, or cause to be transferred, any firearm, 
 
 
10200HB0562sam001- 57 -LRB102 02734 RLC 27377 a


1firearm ammunition, stun gun, or taser to any person within 
2this State unless the
transferee with whom he deals displays 
3either: (1) a currently valid Firearm Owner's
Identification 
4Card which has previously been issued in his or her name by the

5Department of State Police under the provisions of this Act; 
6or (2) a currently valid license to carry a concealed firearm 
7which has previously been issued in his or her name by the

8Department of State Police under the Firearm Concealed Carry 
9Act. In addition,
all firearm, stun gun, and taser transfers 
10by federally licensed firearm dealers are subject
to Section 
113.1.
12 (a-5) Any person who is not a federally licensed firearm 
13dealer and who desires to transfer or sell a firearm while that 
14person is on the grounds of a gun show must, before selling or 
15transferring the firearm, request the Department of State 
16Police to conduct a background check on the prospective 
17recipient of the firearm in accordance with Section 3.1.

18 (a-10) Notwithstanding item (2) of subsection (a) of this 
19Section, any person who is not a federally licensed firearm 
20dealer and who desires to transfer or sell a firearm or 
21firearms to any person who is not a federally licensed firearm 
22dealer shall, before selling or transferring the firearms, 
23contact a federal firearm license dealer under paragraph (1) 
24of subsection (a-15) of this Section to conduct the transfer 
25or the Illinois Department of State Police with the 
26transferee's or purchaser's Firearm Owner's Identification 
 
 
10200HB0562sam001- 58 -LRB102 02734 RLC 27377 a


1Card number to determine the validity of the transferee's or 
2purchaser's Firearm Owner's Identification Card under State 
3and federal law including the National Instant Criminal 
4Background Check System. This subsection shall not be 
5effective until January 1, 2024. Until that date the 
6transferor shall contact the Illinois State Police with the 
7transferee's or purchaser's Firearm Owner's Identification 
8Card number to determine the validity of the card 2014. The 
9Department of State Police may adopt rules concerning the 
10implementation of this subsection. The Department of State 
11Police shall provide the seller or transferor an approval 
12number if the purchaser's Firearm Owner's Identification Card 
13is valid. Approvals issued by the Department for the purchase 
14of a firearm pursuant to this subsection are valid for 30 days 
15from the date of issue.
16 (a-15) The provisions of subsection (a-10) of this Section 
17do not apply to:
18  (1) transfers that occur at the place of business of a 
19 federally licensed firearm dealer, if the federally 
20 licensed firearm dealer conducts a background check on the 
21 prospective recipient of the firearm in accordance with 
22 Section 3.1 of this Act and follows all other applicable 
23 federal, State, and local laws as if he or she were the 
24 seller or transferor of the firearm, although the dealer 
25 is not required to accept the firearm into his or her 
26 inventory. The purchaser or transferee may be required by 
 
 
10200HB0562sam001- 59 -LRB102 02734 RLC 27377 a


1 the federally licensed firearm dealer to pay a fee not to 
2 exceed $10 per firearm, which the dealer may retain as 
3 compensation for performing the functions required under 
4 this paragraph, plus the applicable fees authorized by 
5 Section 3.1;
6  (2) transfers as a bona fide gift to the transferor's 
7 husband, wife, son, daughter, stepson, stepdaughter, 
8 father, mother, stepfather, stepmother, brother, sister, 
9 nephew, niece, uncle, aunt, grandfather, grandmother, 
10 grandson, granddaughter, father-in-law, mother-in-law, 
11 son-in-law, or daughter-in-law;
12  (3) transfers by persons acting pursuant to operation 
13 of law or a court order;
14  (4) transfers on the grounds of a gun show under 
15 subsection (a-5) of this Section;
16  (5) the delivery of a firearm by its owner to a 
17 gunsmith for service or repair, the return of the firearm 
18 to its owner by the gunsmith, or the delivery of a firearm 
19 by a gunsmith to a federally licensed firearms dealer for 
20 service or repair and the return of the firearm to the 
21 gunsmith;
22  (6) temporary transfers that occur while in the home 
23 of the unlicensed transferee, if the unlicensed transferee 
24 is not otherwise prohibited from possessing firearms and 
25 the unlicensed transferee reasonably believes that 
26 possession of the firearm is necessary to prevent imminent 
 
 
10200HB0562sam001- 60 -LRB102 02734 RLC 27377 a


1 death or great bodily harm to the unlicensed transferee;
2  (7) transfers to a law enforcement or corrections 
3 agency or a law enforcement or corrections officer acting 
4 within the course and scope of his or her official duties;
5  (8) transfers of firearms that have been rendered 
6 permanently inoperable to a nonprofit historical society, 
7 museum, or institutional collection; and
8  (9) transfers to a person who is exempt from the 
9 requirement of possessing a Firearm Owner's Identification 
10 Card under Section 2 of this Act.
11 (a-20) The Illinois Department of State Police shall 
12develop an Internet-based system for individuals to determine 
13the validity of a Firearm Owner's Identification Card prior to 
14the sale or transfer of a firearm. The Department shall have 
15the Internet-based system updated completed and available for 
16use by January 1, 2024 July 1, 2015. The Illinois State Police 
17Department shall adopt rules not inconsistent with this 
18Section to implement this system; but no rule shall allow the 
19Illinois State Police to retain records in contravention of 
20State and federal law.
21 (a-25) On or before January 1, 2022, the Illinois State 
22Police shall develop an Internet-based system upon which the 
23serial numbers of firearms that have been reported stolen are 
24available for public access for individuals to ensure any 
25firearms are not reported stolen prior to the sale or transfer 
26of a firearm under this Section. The Illinois State Police 
 
 
10200HB0562sam001- 61 -LRB102 02734 RLC 27377 a


1shall have the Internet-based system completed and available 
2for use by July 1, 2022. The Department shall adopt rules not 
3inconsistent with this Section to implement this system. 
4 (b) Any person within this State who transfers or causes 
5to be
transferred any firearm, stun gun, or taser shall keep a 
6record of such transfer for a period
of 10 years from the date 
7of transfer. Any person within this State who transfers or 
8receives any firearm, stun gun, or taser pursuant to 
9subsection (a-10) shall keep a record of the transfer for a 
10period of 20 years from the date of transfer, unless the 
11transfer is conducted by a federal firearms licensed dealer. 
12Such record shall contain the date
of the transfer; the 
13description, serial number or other information
identifying 
14the firearm, stun gun, or taser if no serial number is 
15available; and, if the
transfer was completed within this 
16State, the transferee's Firearm Owner's
Identification Card 
17number and any approval number or documentation provided by 
18the Department of State Police pursuant to subsection (a-10) 
19of this Section; if the transfer was not completed within this 
20State, the record shall contain the name and address of the 
21transferee. On or after January 1, 2006, the record shall 
22contain the date of application for transfer of the firearm. 
23On demand of a peace officer such transferor or transferee

24shall produce for inspection such record of transfer. If the 
25transfer or sale took place at a gun show, the record shall 
26include the unique identification number. Failure to record 
 
 
10200HB0562sam001- 62 -LRB102 02734 RLC 27377 a


1the unique identification number or approval number is a petty 
2offense.
For transfers of a firearm, stun gun, or taser made on 
3or after the effective date of this amendatory Act of the 100th 
4General Assembly, failure by the private seller or purchaser 
5to maintain the transfer records in accordance with this 
6Section is a Class A misdemeanor for the first offense and a 
7Class 4 felony for a second or subsequent offense occurring 
8within 10 years of the first offense and the second offense was 
9committed after conviction of the first offense. Whenever any 
10person who has not previously been convicted of any violation 
11of subsection (a-5), the court may grant supervision pursuant 
12to and consistent with the limitations of Section 5-6-1 of the 
13Unified Code of Corrections. A transferor or transferee shall 
14not be criminally liable under this Section provided that he 
15or she provides the Department of State Police with the 
16transfer records in accordance with procedures established by 
17the Department. The Department shall establish, by rule, a 
18standard form on its website. 
19 (b-5) Any resident may purchase ammunition from a person 
20within or outside of Illinois if shipment is by United States 
21mail or by a private express carrier authorized by federal law 
22to ship ammunition. Any resident purchasing ammunition within 
23or outside the State of Illinois must provide the seller with a 
24copy of his or her valid Firearm Owner's Identification Card 
25or valid concealed carry license and either his or her 
26Illinois driver's license or Illinois State Identification 
 
 
10200HB0562sam001- 63 -LRB102 02734 RLC 27377 a


1Card prior to the shipment of the ammunition. The ammunition 
2may be shipped only to an address on either of those 2 
3documents.
4 (c) The provisions of this Section regarding the transfer 
5of firearm
ammunition shall not apply to those persons 
6specified in paragraph (b) of
Section 2 of this Act.
7(Source: P.A. 99-29, eff. 7-10-15; 100-1178, eff. 1-18-19.)



8 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)



9 Sec. 3.1. Firearm Transfer Inquiry Program Dial up system. 
10 (a) The Department of State Police shall provide
a dial up 
11telephone system or utilize other existing technology which 
12shall be used by any federally licensed
firearm dealer, gun 
13show promoter, or gun show vendor who is to transfer a firearm, 
14stun gun, or taser under the provisions of this
Act. The 
15Department of State Police may utilize existing technology 
16which
allows the caller to be charged a fee not to exceed $2. 
17Fees collected by the Department of
State Police shall be 
18deposited in the State Police Firearm Services Fund and used

19to provide the service.


20 (b) Upon receiving a request from a federally licensed 
21firearm dealer, gun show promoter, or gun show vendor, the

22Department of State Police shall immediately approve, or 
23within the time
period established by Section 24-3 of the 
24Criminal Code of 2012 regarding
the delivery of firearms, stun 
25guns, and tasers notify the inquiring dealer, gun show 
 
 
10200HB0562sam001- 64 -LRB102 02734 RLC 27377 a


1promoter, or gun show vendor of any objection that
would 
2disqualify the transferee from acquiring or possessing a 
3firearm, stun gun, or taser. In
conducting the inquiry, the 
4Department of State Police shall initiate and
complete an 
5automated search of its criminal history record information

6files and those of the Federal Bureau of Investigation, 
7including the
National Instant Criminal Background Check 
8System, and of the files of
the Department of Human Services 
9relating to mental health and
developmental disabilities to 
10obtain
any felony conviction or patient hospitalization 
11information which would
disqualify a person from obtaining or 
12require revocation of a currently
valid Firearm Owner's 
13Identification Card.
14 (b-5) By January 1, 2023, the Illinois State Police shall 
15by rule provide a process for the automatic renewal of the 
16Firearm Owner's Identification Card of a person at the time of 
17an inquiry in subsection (b). Persons eligible for this 
18process must have a set of fingerprints on file with their 
19application under either subsection (a-25) of Section 4 or the 
20Firearm Concealed Carry Act. 
21 (c) If receipt of a firearm would not violate Section 24-3 
22of the Criminal Code of 2012, federal law, or this Act the 
23Department of State Police shall:
24  (1) assign a unique identification number to the 
25 transfer; and
26  (2) provide the licensee, gun show promoter, or gun 
 
 
10200HB0562sam001- 65 -LRB102 02734 RLC 27377 a


1 show vendor with the number.
2 (d) Approvals issued by the Department of State Police for 
3the purchase of a firearm are valid for 30 days from the date 
4of issue.


5 (e) (1) The Department of State Police must act as the 
6Illinois Point of Contact
for the National Instant Criminal 
7Background Check System.
8 (2) The Department of State Police and the Department of 
9Human Services shall, in accordance with State and federal law 
10regarding confidentiality, enter into a memorandum of 
11understanding with the Federal Bureau of Investigation for the 
12purpose of implementing the National Instant Criminal 
13Background Check System in the State. The Department of State 
14Police shall report the name, date of birth, and physical 
15description of any person prohibited from possessing a firearm 
16pursuant to the Firearm Owners Identification Card Act or 18 
17U.S.C. 922(g) and (n) to the National Instant Criminal 
18Background Check System Index, Denied Persons Files.


19 (3) The Department of State Police shall provide notice of 
20the disqualification of a person under subsection (b) of this 
21Section or the revocation of a person's Firearm Owner's 
22Identification Card under Section 8 or Section 8.2 of this 
23Act, and the reason for the disqualification or revocation, to 
24all law enforcement agencies with jurisdiction to assist with 
25the seizure of the person's Firearm Owner's Identification 
26Card. 
 
 
10200HB0562sam001- 66 -LRB102 02734 RLC 27377 a


1 (f) The Department of State Police shall adopt rules not 
2inconsistent with this Section to implement this
system.

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



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


5 Sec. 4. Application for Firearm Owner's Identification 
6Cards. 
7 (a) Each applicant for a Firearm Owner's Identification 
8Card must: 

9  (1) Submit an Make application as on blank forms 
10 prepared and furnished at convenient
locations throughout 
11 the State by the Department of State Police, or by

12 electronic means, if and when made available by the 
13 Illinois Department of State
Police; and

14  (2) Submit evidence to the Department of State Police 
15 that:

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

25 delinquent, provided, however, that such parent or 
 
 
10200HB0562sam001- 67 -LRB102 02734 RLC 27377 a


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

26   (ii) He or she has not been convicted of a felony 
 
 
10200HB0562sam001- 68 -LRB102 02734 RLC 27377 a


1 under the laws of
this or any other jurisdiction;

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

3   (iv) He or she has not been a patient in a mental 
4 health facility within
the past 5 years or, if he or 
5 she has been a patient in a mental health facility more 
6 than 5 years ago submit the certification required 
7 under subsection (u) of Section 8 of this Act;

8   (v) He or she is not a person with an intellectual 
9 disability;

10   (vi) He or she is not an alien who is unlawfully 
11 present in the
United States under the laws of the 
12 United States;

13   (vii) He or she is not subject to an existing order 
14 of protection
prohibiting him or her from possessing a 
15 firearm;

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

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

23 substantially similar offense in another
jurisdiction 
24 committed before, on or after January 1, 2012 (the 
25 effective date of Public Act 97-158). If the applicant 
26 knowingly and intelligently waives the right to have 
 
 
10200HB0562sam001- 69 -LRB102 02734 RLC 27377 a


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

11   (x) (Blank);

12   (xi) He or she is not an alien who has been 
13 admitted to the United
States under a non-immigrant 
14 visa (as that term is defined in Section
101(a)(26) of 
15 the Immigration and Nationality Act (8 U.S.C. 
16 1101(a)(26))),
or that he or she is an alien who has 
17 been lawfully admitted to the United
States under a 
18 non-immigrant visa if that alien is:

19    (1) admitted to the United States for lawful 
20 hunting or sporting
purposes;

21    (2) an official representative of a foreign 
22 government who is:

23     (A) accredited to the United States 
24 Government or the Government's
mission to an 
25 international organization having its 
26 headquarters in the United
States; or

 
 
10200HB0562sam001- 70 -LRB102 02734 RLC 27377 a


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

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

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

9    (5) one who has received a waiver from the 
10 Attorney General of the
United States pursuant to 
11 18 U.S.C. 922(y)(3);

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

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

21   (xiv) He or she is a resident of the State of 
22 Illinois; 
23   (xv) He or she has not been adjudicated as a person 
24 with a mental disability; 
25   (xvi) He or she has not been involuntarily 
26 admitted into a mental health facility; and 
 
 
10200HB0562sam001- 71 -LRB102 02734 RLC 27377 a


1   (xvii) He or she is not a person with a 
2 developmental disability; and 
3  (3) Upon request by the Department of State Police, 
4 sign a release on a
form prescribed by the Department of 
5 State Police waiving any right to
confidentiality and 
6 requesting the disclosure to the Department of State 
7 Police
of limited mental health institution admission 
8 information from another state,
the District of Columbia, 
9 any other territory of the United States, or a
foreign 
10 nation concerning the applicant for the sole purpose of 
11 determining
whether the applicant is or was a patient in a 
12 mental health institution and
disqualified because of that 
13 status from receiving a Firearm Owner's
Identification 
14 Card. No mental health care or treatment records may be

15 requested. The information received shall be destroyed 
16 within one year of
receipt.

17 (a-5) Each applicant for a Firearm Owner's Identification 
18Card who is over
the age of 18 shall furnish to the Department 
19of State Police either his or
her Illinois driver's license 
20number or Illinois Identification Card number, except as

21provided in subsection (a-10).

22 (a-10) Each applicant for a Firearm Owner's Identification 
23Card,
who is employed as a law enforcement officer, an armed 
24security officer in Illinois, or by the United States Military

25permanently assigned in Illinois and who is not an Illinois 
26resident, shall furnish to
the Department of State Police his 
 
 
10200HB0562sam001- 72 -LRB102 02734 RLC 27377 a


1or her driver's license number or state
identification card 
2number from his or her state of residence. The Department
of 
3State Police may adopt rules to enforce the provisions of this

4subsection (a-10).

5 (a-15) If an applicant applying for a Firearm Owner's 
6Identification Card moves from the residence address named in 
7the application, he or she shall immediately notify in a form 
8and manner prescribed by the Department of State Police of 
9that change of address.
10 (a-20) Each applicant for a Firearm Owner's Identification 
11Card shall furnish to the Department of State Police his or her 
12photograph. An applicant who is 21 years of age or older 
13seeking a religious exemption to the photograph requirement 
14must furnish with the application an approved copy of United 
15States Department of the Treasury Internal Revenue Service 
16Form 4029. In lieu of a photograph, an applicant regardless of 
17age seeking a religious exemption to the photograph 
18requirement shall submit fingerprints on a form and manner 
19prescribed by the Department with his or her application.
20 (a-25) Beginning January 1, 2023, each applicant for the 
21issuance of a Firearm Owner's Identification Card may include 
22a full set of his or her fingerprints in electronic format to 
23the Illinois State Police, unless the applicant has previously 
24provided a full set of his or her fingerprints to the Illinois 
25State Police under this Act or the Firearm Concealed Carry 
26Act.
 
 
10200HB0562sam001- 73 -LRB102 02734 RLC 27377 a


1 The fingerprints must be transmitted through a live scan 
2fingerprint vendor licensed by the Department of Financial and 
3Professional Regulation. The fingerprints shall be checked 
4against the fingerprint records now and hereafter filed in the 
5Illinois State Police and Federal Bureau of Investigation 
6criminal history records databases, including all available 
7State and local criminal history record information files.
8 The Illinois State Police shall charge applicants a 
9one-time fee for conducting the criminal history record check, 
10which shall be deposited into the State Police Services Fund 
11and shall not exceed the actual cost of the State and national 
12criminal history record check.
13 (a-26) The Illinois State Police shall research, explore, 
14and report to the General Assembly by January 1, 2022 on the 
15feasibility of permitting voluntarily submitted fingerprints 
16obtained for purposes other than Firearm Owner's 
17Identification Card enforcement that are contained in the 
18Illinois State Police database for purposes of this Act. 
19 (b) Each application form shall include the following 
20statement printed in
bold type: "Warning: Entering false 
21information on an application for a Firearm
Owner's 
22Identification Card is punishable as a Class 2 felony in 
23accordance
with subsection (d-5) of Section 14 of the Firearm 
24Owners Identification Card
Act.".

25 (c) Upon such written consent, pursuant to Section 4, 
26paragraph (a)(2)(i),
the parent or legal guardian giving the 
 
 
10200HB0562sam001- 74 -LRB102 02734 RLC 27377 a


1consent shall be liable for any
damages resulting from the 
2applicant's use of firearms or firearm ammunition.

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




4 (430 ILCS 65/5) (from Ch. 38, par. 83-5)

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

7deny all applications within 30 days from the date they are 
8received,
except as provided in subsections (b) and (c) 
9subsection (b) of this Section, and every applicant found 
10qualified under Section 8 of this Act by
the Department shall 
11be entitled to a Firearm Owner's Identification
Card upon the 
12payment of a $10 fee and applicable processing fees. The 
13processing fees shall be limited to charges by the State 
14Treasurer for using the electronic online payment system. Any 
15applicant who is an active duty member of the Armed Forces of 
16the United States, a member of the Illinois National Guard, or 
17a member of the Reserve Forces of the United States is exempt 
18from the application fee. $5 of each fee derived from the 
19issuance of a Firearm Owner's Identification Card or renewals, 
20thereof, shall be deposited in the State Police Firearm 
21Services Fund and $5 into the State Police Revocation 
22Enforcement Fund $6 of each fee derived from the
issuance of 
23Firearm Owner's Identification Cards, or renewals thereof,

24shall be deposited in the Wildlife and Fish Fund in the State 
25Treasury;
$1 of the fee shall be deposited in the State Police 
 
 
10200HB0562sam001- 75 -LRB102 02734 RLC 27377 a


1Services Fund and $3 of the fee shall be deposited in the
State 
2Police Firearm Services Fund.
3 (b) Renewal applications shall be approved or denied 
4within 60 business days, provided the applicant submitted his 
5or her renewal application prior to the expiration of his or 
6her Firearm Owner's Identification Card. If a renewal 
7application has been submitted prior to the expiration date of 
8the applicant's Firearm Owner's Identification Card, the 
9Firearm Owner's Identification Card shall remain valid while 
10the Department processes the application, unless the person is 
11subject to or becomes subject to revocation under this Act. 
12The cost for a renewal application shall be $10, and may 
13include applicable processing fees, which shall be limited to 
14charges by the State Treasurer for using the electronic online 
15payment system, which shall be deposited into the State Police 
16Firearm Services Fund.
17 (c) If the Firearm Owner's Identification Card of a 
18licensee under the Firearm Concealed Carry Act expires during 
19the term of the licensee's concealed carry license, the 
20Firearm Owner's Identification Card and the license remain 
21valid and the licensee does not have to renew his or her 
22Firearm Owner's Identification Card during the duration of the 
23concealed carry license. Unless the Illinois State Police has 
24reason to believe the licensee is no longer eligible for the 
25card, the Illinois State Police may automatically renew the 
26licensee's Firearm Owner's Identification Card and send a 
 
 
10200HB0562sam001- 76 -LRB102 02734 RLC 27377 a


1renewed Firearm Owner's Identification Card to the licensee.
2 (d) The Illinois State Police may adopt rules concerning 
3the use of voluntarily submitted fingerprints, as allowed by 
4State and federal law. 

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





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



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

8 (a) A Firearm Owner's Identification Card, issued by the 
9Department of
State Police at such places as the Director of 
10the
Department shall
specify, shall contain the applicant's 
11name, residence, date of birth, sex,
physical description, 
12recent photograph, except as provided in subsection (c-5), and 
13signature. Each Firearm Owner's
Identification Card must have 
14the Firearm Owner's Identification Card number expiration date 
15boldly and conspicuously
displayed on the face of the card. 
16Each Firearm Owner's
Identification Card must have printed on 
17it the following: "CAUTION - This
card does not permit bearer 
18to UNLAWFULLY carry or use firearms."
Before December 1, 2002,

19the Department may use a person's digital photograph and 
20signature from his or
her
Illinois driver's license or 
21Illinois Identification Card, if available. On
and after 
22December 1, 2002,
the Department shall use a person's digital 
23photograph and signature from his
or her
Illinois driver's 
24license or Illinois Identification Card, if available. The

25Department shall decline to use a person's digital photograph 
 
 
10200HB0562sam001- 77 -LRB102 02734 RLC 27377 a


1or signature if
the digital photograph or signature is the 
2result of or associated with
fraudulent or erroneous data, 
3unless otherwise provided by law.

4 (b) A person applying for a Firearm Owner's Identification 
5Card shall
consent
to the Department of State Police using the 
6applicant's digital driver's
license
or Illinois 
7Identification Card photograph, if available, and signature on 
8the
applicant's
Firearm Owner's Identification Card. The 
9Secretary
of State shall allow the Department of State Police 
10access to the photograph
and signature for the purpose of 
11identifying the applicant and issuing to the
applicant a

12Firearm Owner's Identification Card.

13 (c) The Secretary of State shall conduct a study to 
14determine the cost
and
feasibility of creating a method of 
15adding an identifiable code, background, or
other means on the 
16driver's license or Illinois Identification Card to show
that

17an individual is not disqualified from owning or possessing a 
18firearm under
State or federal law. The Secretary shall report 
19the findings of this study
12 months after the effective date 
20of this amendatory Act of the 92nd General
Assembly.

21 (c-5) If a person qualifies for a photograph exemption, in 
22lieu of a photograph, the Firearm Owner's Identification Card 
23shall contain a copy of the card holder's fingerprints. Each 
24Firearm Owner's Identification Card described in this 
25subsection (c-5) must have printed on it the following: "This 
26card is only valid for firearm purchases through a federally 
 
 
10200HB0562sam001- 78 -LRB102 02734 RLC 27377 a


1licensed firearms dealer when presented with photographic 
2identification, as prescribed by 18 U.S.C. 922(t)(1)(C)." 
3(Source: P.A. 97-1131, eff. 1-1-13.)


4 (430 ILCS 65/6.2 new)
5 Sec. 6.2. Electronic Firearm Owner's Identification Cards. 
6Beginning January 1, 2022, the Illinois State Police may 
7develop a system under which the holder of a Firearm Owner's 
8Identification Card may display an electronic version of his 
9or her Firearm Owner's Identification Card on a mobile 
10telephone or other portable electronic device. An electronic 
11version of a Firearm Owner's Identification Card shall contain 
12security features the Illinois State Police determines to be 
13necessary to ensure that the electronic version is accurate 
14and current and shall satisfy other requirements the Illinois 
15State Police determines to be necessary regarding form and 
16content. The display or possession of an electronic version of 
17a valid Firearm Owner's Identification Card in accordance with 
18the requirements of the Illinois State Police satisfies all 
19requirements for the display or possession of a valid Firearm 
20Owner's Identification Card under the laws of this State. The 
21possession or display of an electronic Firearm Owner's 
22Identification Card on a mobile telephone or other portable 
23electronic device does not constitute consent for a law 
24enforcement officer, court, or other officer of the court to 
25access other contents of the mobile telephone or other 
 
 
10200HB0562sam001- 79 -LRB102 02734 RLC 27377 a


1portable electronic device. The Illinois State Police may 
2adopt rules to implement this Section.



3 (430 ILCS 65/7) (from Ch. 38, par. 83-7)



4 Sec. 7. Validity of Firearm Owner's Identification Card. 
5 (a) Except as provided in Section 8 of this Act or 
6elsewhere in subsection (b) of this Section, a Firearm Owner's

7Identification Card issued under the provisions of this Act 
8shall be valid
for the person to whom it is issued for a period 
9of 10 years from the date
of issuance. Unless the person no 
10longer meets the requirements or becomes subject to suspension 
11or revocation under this Act, a card issued under an 
12application made as provided in subsection (a-25) of Section 4 
13shall remain valid if the person meets the requirements of 
14subsection (b-5) of Section 3.1. 
15 (b) If a renewal application is submitted to the 
16Department before the expiration date of the applicant's 
17current Firearm Owner's Identification Card, the Firearm 
18Owner's Identification Card shall remain valid for a period of 
1960 business days, unless the person is subject to or becomes 
20subject to revocation under this Act. Unless the person no 
21longer meets the requirements or becomes subject to suspension 
22or revocation under this Act, a card issued under a renewal 
23application made as provided in subsection (a-25) of Section 4 
24shall remain valid if the person meets the implementation 
25requirements of Section 3.1.

 
 
10200HB0562sam001- 80 -LRB102 02734 RLC 27377 a


1 (c) Beginning January 1, 2022, if the Firearm Owner's 
2Identification Card of a licensee under the Firearm Concealed 
3Carry Act expires during the term of the licensee's concealed 
4carry license, the Firearm Owner's Identification Card and the 
5license remain valid during the validity of the concealed 
6carry license and the licensee does not have to renew his or 
7her Firearm Owner's Identification Card, if the Firearm 
8Owner's Identification Card has not been otherwise renewed as 
9provided in this Act. Unless the Illinois State Police has 
10reason to believe the licensee is no longer eligible for the 
11card, the Illinois State Police may automatically renew the 
12licensee's Firearm Owner's Identification Card.
13(Source: P.A. 100-906, eff. 1-1-19.)


14 (430 ILCS 65/7.5 new)
15 Sec. 7.5. Email and text message notifications. A person 
16subject to this Act may notify the Illinois State Police upon 
17application or at any time thereafter that he or she would like 
18to receive correspondence from the Illinois State Police via 
19email or text message and may opt out of first-class mail. Such 
20correspondence may include notification of the status of a 
21person's application, suspension, revocation, appeal, and 
22other notifications concerning his or her Firearm Owner's 
23Identification Card. A person may request email or text 
24message, or both. Any person selecting email or text message 
25alerts must have either or both the person's email or cellular 
 
 
10200HB0562sam001- 81 -LRB102 02734 RLC 27377 a


1phone number on file with the Illinois State Police.

2 (430 ILCS 65/8.2)
3 Sec. 8.2. Firearm Owner's Identification Card denial, 
4suspension, or revocation. The Illinois Department of State 
5Police shall deny an application or shall suspend or revoke 
6and seize a Firearm Owner's Identification Card previously 
7issued under this Act if the Department finds that the 
8applicant or person to whom such card was issued is or was at 
9the time of issuance subject to a protective order issued 
10under the laws of this or any other jurisdiction an existing 
11order of protection or firearms restraining order. When the 
12duration of the protective order is expected to be less than 
13one year, the Illinois State Police may suspend the Firearm 
14Owner's Identification Card under Section 8.3 of the Act and 
15shall reinstate it upon conclusion of the suspension if no 
16other grounds for denial or revocation are found under Section 
178 of the Act. 

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

19 (430 ILCS 65/8.3)
20 Sec. 8.3. Suspension of Firearm Owner's Identification 
21Card. The Department of State Police may suspend , by rule in a 
22manner consistent with the Department's rules concerning 
23revocation, provide for the suspension of the Firearm Owner's 
24Identification Card of a person whose Firearm Owner's 
 
 
10200HB0562sam001- 82 -LRB102 02734 RLC 27377 a


1Identification Card is subject to revocation and seizure under 
2this Act for the duration of the disqualification if the 
3disqualification is not a permanent grounds for revocation of 
4a Firearm Owner's Identification Card under this Act. The 
5Illinois State Police may adopt rules necessary to implement 
6this Section. 

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

8 (430 ILCS 65/8.4 new)
9 Sec. 8.4. Cancellation of Firearm Owner's Identification

10Card.  The Illinois State Police may cancel a Firearm
Owner's 
11Identification Card if a person is not prohibited by
State or 
12federal law from acquiring or possessing a firearm or
firearm 
13ammunition and the sole purpose is for an
administrative 
14reason. This includes, at
the request of the Firearm Owner's 
15Identification Card holder,
a person who surrenders his or her 
16Illinois driver's license or
Illinois identification card to 
17another jurisdiction, or a
person's Firearm Owner's 
18Identification Card is reported as
lost, stolen, or destroyed. 
19The Illinois State Police may adopt rules
necessary to 
20implement this Section.

21 (430 ILCS 65/8.5 new)
22 Sec. 8.5. Illinois State Police to monitor databases for 
23firearms prohibitors. The Illinois State Police shall 
24continuously monitor relevant State and federal databases, as 
 
 
10200HB0562sam001- 83 -LRB102 02734 RLC 27377 a


1allowed by State and federal law, for firearms prohibitors and 
2correlate those records with Firearm Owner's Identification 
3Card holders to ensure compliance with this Act and any other 
4State and federal laws. As used in this Section, "firearms 
5prohibitor" means any factor listed in Section 8 or Section 
68.2 of this Act or Section 24-3 or 24-3.1 of the Criminal Code 
7of 2012 that prohibits a person from transferring or 
8possessing a firearm, firearm ammunition, Firearm Owner's 
9Identification Card, or concealed carry license.

10 (430 ILCS 65/9.5)
11 Sec. 9.5. Revocation of Firearm Owner's Identification

12Card.
13 (a) A person who receives a revocation notice under 
14Section 9 of this Act shall, within 48 hours of receiving 
15notice of the revocation:
16  (1) surrender his or her Firearm Owner's 
17 Identification Card to the local law enforcement agency 
18 where the person resides or . The local law enforcement 
19 agency shall provide the person a receipt and transmit the 
20 Firearm Owner's Identification Card to the Department of 
21 State Police; and
22  (2) complete a Firearm Disposition Record on a form 
23 prescribed by the Department of State Police and place his 
24 or her firearms in the location or with the person 
25 reported in the Firearm Disposition Record. The form shall 
 
 
10200HB0562sam001- 84 -LRB102 02734 RLC 27377 a


1 require the person to disclose:
2   (A) the make, model, and serial number of each 
3 firearm owned by or under the custody and control of 
4 the revoked person;
5   (B) the location where each firearm will be 
6 maintained during the prohibited term; and
7   (C) if any firearm will be transferred to the 
8 custody of another person, the name, address and 
9 Firearm Owner's Identification Card number of the 
10 transferee; and .
11   (D) to whom his or her Firearm Owner's 
12 Identification Card was surrendered.
13  Once completed, the person shall retain a copy and 
14 provide a copy of the Firearm Disposition Record to the 
15 Illinois State Police. 
16 (b) Upon confirming through the portal created under 
17Section 2605-304 of the Department of State Police Law of the 
18Civil Administrative Code of Illinois that the Firearm Owner's 
19Identification Card has been revoked by the Illinois State 
20Police, surrendered cards shall be destroyed by the law 
21enforcement agency receiving the cards. If a card has not been 
22revoked, the card shall be returned to the cardholder. The 
23local law enforcement agency shall provide a copy of the 
24Firearm Disposition Record to the person whose Firearm Owner's 
25Identification Card has been revoked and to the Department of 
26State Police.
 
 
10200HB0562sam001- 85 -LRB102 02734 RLC 27377 a


1  (b-5) If a court orders the surrender of a Firearms 
2Owner's Identification Card and accepts receipt of the Card, 
3the court shall destroy the Card and direct the person whose 
4Firearm Owner's Identification Card has been surrendered to 
5comply with paragraph (2) of subsection (a).
6 (b-10) If the person whose Firearm Owner's Identification 
7Card has been revoked has either lost or destroyed the Card, 
8the person must still comply with paragraph (2) of subsection 
9(a).
10 (b-15) A notation shall be made in the portal created 
11under Section 2605-304 of the Department of State Police Law 
12of the Civil Administrative Code of Illinois that the revoked 
13Firearm Owner's Identification Card has been destroyed. 
14 (c) If the person whose Firearm Owner's Identification 
15Card has been revoked fails to comply with the requirements of 
16this Section, the sheriff or law enforcement agency where the 
17person resides may petition the circuit court to issue a 
18warrant to search for and seize the Firearm Owner's 
19Identification Card and firearms in the possession or under 
20the custody or control of the person whose Firearm Owner's 
21Identification Card has been revoked.
22 (d) A violation of subsection (a) of this Section is a 
23Class A misdemeanor.
24 (e) The observation of a Firearm Owner's Identification 
25Card in the possession of a person whose Firearm Owner's 
26Identification Card has been revoked constitutes a sufficient 
 
 
10200HB0562sam001- 86 -LRB102 02734 RLC 27377 a


1basis for the arrest of that person for violation of this 
2Section.
3 (f) Within 30 days after the effective date of this 
4amendatory Act of the 98th General Assembly, the Department of 
5State Police shall provide written notice of the requirements 
6of this Section to persons whose Firearm Owner's 
7Identification Cards have been revoked, suspended, or expired 
8and who have failed to surrender their cards to the 
9Department.
10 (g) A person whose Firearm Owner's Identification Card has 
11been revoked and who received notice under subsection (f) 
12shall comply with the requirements of this Section within 48 
13hours of receiving notice. 

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



15 (430 ILCS 65/10) (from Ch. 38, par. 83-10)



16 Sec. 10. Appeals Appeal to director; hearing; relief from 
17firearm prohibitions.  
18 (a) Whenever an application for a Firearm Owner's 
19Identification
Card is denied, whenever the Department fails 
20to act on an application
within 30 days of its receipt, or 
21whenever such a Card is revoked or seized
as provided for in 
22Section 8 of this Act, the aggrieved party may
(1) file a 
23record challenge with the Director regarding the record upon 
24which the decision to deny or revoke the Firearm Owner's 
25Identification Card was based under subsection (a-5); or (2) 
 
 
10200HB0562sam001- 87 -LRB102 02734 RLC 27377 a


1appeal
to the Director of the Illinois State Police through 
2December 31, 2022, or beginning January 1, 2023, the Firearm 
3Owner's Identification Card Review Board for a hearing seeking 
4relief from upon
such denial or , revocation or seizure, 
5unless the denial or , revocation, or seizure
was based upon a 
6forcible felony, stalking, aggravated stalking, domestic

7battery, any violation of the Illinois Controlled Substances 
8Act, the Methamphetamine Control and Community Protection Act, 
9or the
Cannabis Control Act that is classified as a Class 2 or 
10greater felony,
any
felony violation of Article 24 of the 
11Criminal Code of 1961 or the Criminal Code of 2012, or any

12adjudication as a delinquent minor for the commission of an

13offense that if committed by an adult would be a felony, in 
14which case the
aggrieved party may petition the circuit court 
15in writing in the county of
his or her residence for a hearing 
16seeking relief from upon such denial or , revocation, or 
17seizure.

18 (a-5) There is created a Firearm Owner's Identification 
19Card Review Board to consider any appeal under subsection (a) 
20beginning January 1, 2023, other than an appeal directed to 
21the circuit court and except when the applicant is challenging 
22the record upon which the decision to deny or revoke was based 
23as provided in subsection (a-10).
24  (0.05) In furtherance of the policy of this Act that 
25 the Board shall exercise its powers and duties in an 
26 independent manner, subject to the provisions of this Act 
 
 
10200HB0562sam001- 88 -LRB102 02734 RLC 27377 a


1 but free from the direction, control, or influence of any 
2 other agency or department of State government. All 
3 expenses and liabilities incurred by the Board in the 
4 performance of its responsibilities hereunder shall be 
5 paid from funds which shall be appropriated to the Board 
6 by the General Assembly for the ordinary and contingent 
7 expenses of the Board. 
8  (1) The Board shall consist of 7 members appointed by 
9 the Governor, with the advice and consent of the Senate, 
10 with 3 members residing within the First Judicial District 
11 and one member residing within each of the 4 remaining 
12 Judicial Districts. No more than 4 members shall be 
13 members of the same political party. The Governor shall 
14 designate one member as the chairperson. The Board shall 
15 consist of: 
16   (A) one member with at least 5 years of service as 
17 a federal or State judge;
18   (B) one member with at least 5 years of experience 
19 serving as an attorney with the United States 
20 Department of Justice, or as a State's Attorney or 
21 Assistant State's Attorney;
22   (C) one member with at least 5 years of experience 
23 serving as a State or federal public defender or 
24 assistant public defender;
25   (D) three members with at least 5 years of 
26 experience as a federal, State, or local law 
 
 
10200HB0562sam001- 89 -LRB102 02734 RLC 27377 a


1 enforcement agent or as an employee with investigative 
2 experience or duties related to criminal justice under 
3 the United States Department of Justice, Drug 
4 Enforcement Administration, Department of Homeland 
5 Security, Federal Bureau of Investigation, or a State 
6 or local law enforcement agency; and
7   (E) one member with at least 5 years of experience 
8 as a licensed physician or clinical psychologist with 
9 expertise in the diagnosis and treatment of mental 
10 illness.
11  (2) The terms of the members initially appointed after

12 the effective date of this amendatory Act of the 102nd 
13 General Assembly shall be as follows: one of
the initial 
14 members shall be appointed for a term of one year, 3 shall 
15 be
appointed for terms of 2 years, and 3 shall be appointed 
16 for terms of 4 years. Thereafter, members shall hold 
17 office for 4 years, with terms expiring on the second 
18 Monday in January immediately following the expiration of 
19 their terms and every 4 years thereafter. Members may be 
20 reappointed. Vacancies in the office of member shall be 
21 filled in the same manner as the original appointment, for 
22 the remainder of the unexpired term. The Governor may 
23 remove a member for incompetence, neglect of duty, 
24 malfeasance, or inability to serve. Members shall receive 
25 compensation in an amount equal to the compensation of 
26 members of the Executive Ethics Commission and may be 
 
 
10200HB0562sam001- 90 -LRB102 02734 RLC 27377 a


1 reimbursed, from funds appropriated for such a purpose, 
2 for reasonable expenses actually incurred in the 
3 performance of their Board duties. The Illinois State 
4 Police shall designate an employee to serve as Executive 
5 Director of the Board and provide logistical and 
6 administrative assistance to the Board. 
7  (3) The Board shall meet at least quarterly each year 
8 and at the call of the chairperson as often as necessary to 
9 consider appeals of decisions made with respect to 
10 applications for a Firearm Owner's Identification Card 
11 under this Act. If necessary to ensure the participation 
12 of a member, the Board shall allow a member to participate 
13 in a Board meeting by electronic communication. Any member 
14 participating electronically shall be deemed present for 
15 purposes of establishing a quorum and voting.
16  (4) The Board shall adopt rules for the review of 
17 appeals and the conduct of hearings. The Board shall 
18 maintain a record of its decisions and all materials 
19 considered in making its decisions. All Board decisions 
20 and voting records shall be kept confidential and all 
21 materials considered by the Board shall be exempt from 
22 inspection except upon order of a court.
23  (5) In considering an appeal, the Board shall review 
24 the materials received concerning the denial or revocation 
25 by the Illinois State Police. By a vote of at least 4 
26 members, the Board may request additional information from 
 
 
10200HB0562sam001- 91 -LRB102 02734 RLC 27377 a


1 the Illinois State Police or the applicant or the 
2 testimony of the Illinois State Police or the applicant. 
3 The Board may require that the applicant submit electronic 
4 fingerprints to the Illinois State Police for an updated 
5 background check if the Board determines it lacks 
6 sufficient information to determine eligibility. The Board 
7 may consider information submitted by the Illinois State 
8 Police, a law enforcement agency, or the applicant. The 
9 Board shall review each denial or revocation and determine 
10 by a majority of members whether an applicant should be 
11 granted relief under subsection (c).
12  (6) The Board shall by order issue summary decisions. 
13 The Board shall issue a decision within 45 days of 
14 receiving all completed appeal documents from the Illinois 
15 State Police and the applicant. However, the Board need 
16 not issue a decision within 45 days if:
17   (A) the Board requests information from the 
18 applicant, including, but not limited to, electronic 
19 fingerprints to be submitted to the Illinois State 
20 Police, in accordance with paragraph (5) of this 
21 subsection, in which case the Board shall make a 
22 decision within 30 days of receipt of the required 
23 information from the applicant;
24   (B) the applicant agrees, in writing, to allow the 
25 Board additional time to consider an appeal; or
26   (C) the Board notifies the applicant and the 
 
 
10200HB0562sam001- 92 -LRB102 02734 RLC 27377 a


1 Illinois State Police that the Board needs an 
2 additional 30 days to issue a decision. The Board may 
3 only issue 2 extensions under this subparagraph (C). 
4 The Board's notification to the applicant and the 
5 Illinois State Police shall include an explanation for 
6 the extension.
7  (7) If the Board determines that the applicant is 
8 eligible for relief under subsection (c), the Board shall 
9 notify the applicant and the Illinois State Police that 
10 relief has been granted and the Illinois State Police 
11 shall issue the Card.
12  (8) Meetings of the Board shall not be subject to the 
13 Open Meetings Act and records of the Board shall not be 
14 subject to the Freedom of Information Act.
15  (9) The Board shall report monthly to the Governor and 
16 the General Assembly on the number of appeals received and 
17 provide details of the circumstances in which the Board 
18 has determined to deny Firearm Owner's Identification 
19 Cards under this subsection (a-5). The report shall not 
20 contain any identifying information about the applicants. 
21 (a-10) Whenever an applicant or cardholder is not seeking 
22relief from a firearms prohibition under subsection (c) but 
23rather does not believe the applicant is appropriately denied 
24or revoked and is challenging the record upon which the 
25decision to deny or revoke the Firearm Owner's Identification 
26Card was based, or whenever the Illinois State Police fails to 
 
 
10200HB0562sam001- 93 -LRB102 02734 RLC 27377 a


1act on an application within 30 days of its receipt, the 
2applicant shall file such challenge with the Director. The 
3Director shall render a decision within 60 business days of 
4receipt of all information supporting the challenge. The 
5Illinois State Police shall adopt rules for the review of a 
6record challenge. 
7 (b) At least 30 days before any hearing in the circuit 
8court, the
petitioner shall serve the
relevant State's 
9Attorney with a copy of the petition. The State's Attorney
may 
10object to the petition and present evidence. At the hearing, 
11the court
shall
determine whether substantial justice has been 
12done. Should the court
determine that substantial justice has 
13not been done, the court shall issue an
order directing the 
14Illinois Department of State Police to issue a Card. However, 
15the court shall not issue the order if the petitioner is 
16otherwise prohibited from obtaining, possessing, or using a 
17firearm under
federal law. 

18 (c) Any person prohibited from possessing a firearm under 
19Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or 
20acquiring a Firearm Owner's
Identification Card under Section 
218 of this Act may apply to
the Firearm Owner's Identification 
22Card Review Board Director
of State Police
or petition the 
23circuit court in the county where the petitioner resides,

24whichever is applicable in accordance with subsection (a) of 
25this Section,
requesting relief
from such prohibition and the 
26Board Director or court may grant such relief if it
is

 
 
10200HB0562sam001- 94 -LRB102 02734 RLC 27377 a


1established by the applicant to the court's or the Board's 
2Director'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 
24unit of government, who is denied, revoked, or has his or her 
25Firearm Owner's Identification Card seized under subsection 
26(e) of Section 8 of this Act may apply to the Firearm Owner's 
 
 
10200HB0562sam001- 95 -LRB102 02734 RLC 27377 a


1Identification Card Review Board Director of State Police 
2requesting relief if the officer did not act in a manner 
3threatening to the officer, another person, or the public as 
4determined by the treating clinical psychologist or physician, 
5and as a result of his or her work is referred by the employer 
6for or voluntarily seeks mental health evaluation or treatment 
7by a licensed clinical psychologist, psychiatrist, or 
8qualified examiner, and:
9  (A) the officer has not received treatment 
10 involuntarily at a mental health facility, regardless of 
11 the length of admission; or has not been voluntarily 
12 admitted to a mental health facility for more than 30 days 
13 and not for more than one incident within the past 5 years; 
14 and
15  (B) the officer has not left the mental institution 
16 against medical advice.
17 (2) The Firearm Owner's Identification Card Review Board 
18Director of State Police shall grant expedited relief to 
19active law enforcement officers described in paragraph (1) of 
20this subsection (c-5) upon a determination by the Board 
21Director that the officer's possession of a firearm does not 
22present a threat to themselves, others, or public safety. The 
23Board Director shall act on the request for relief within 30 
24business days of receipt of:
25  (A) a notarized statement from the officer in the form 
26 prescribed by the Board Director detailing the 
 
 
10200HB0562sam001- 96 -LRB102 02734 RLC 27377 a


1 circumstances that led to the hospitalization;
2  (B) all documentation regarding the admission, 
3 evaluation, treatment and discharge from the treating 
4 licensed clinical psychologist or psychiatrist of the 
5 officer;
6  (C) a psychological fitness for duty evaluation of the 
7 person completed after the time of discharge; and
8  (D) written confirmation in the form prescribed by the 
9 Board Director from the treating licensed clinical 
10 psychologist or psychiatrist that the provisions set forth 
11 in paragraph (1) of this subsection (c-5) have been met, 
12 the person successfully completed treatment, and their 
13 professional opinion regarding the person's ability to 
14 possess firearms.
15 (3) Officers eligible for the expedited relief in 
16paragraph (2) of this subsection (c-5) have the burden of 
17proof on eligibility and must provide all information 
18required. The Board Director may not consider granting 
19expedited relief until the proof and information is received.
20 (4) "Clinical psychologist", "psychiatrist", and 
21"qualified examiner" shall have the same meaning as provided 
22in Chapter I of the Mental Health and Developmental 
23Disabilities Code. 
24 (c-10) (1) An applicant, who is denied, revoked, or has 
25his or her Firearm Owner's Identification Card seized under 
26subsection (e) of Section 8 of this Act based upon a 
 
 
10200HB0562sam001- 97 -LRB102 02734 RLC 27377 a


1determination of a developmental disability or an intellectual 
2disability may apply to the Firearm Owner's Identification 
3Card Review Board Director of State Police requesting relief.
4 (2) The Board Director shall act on the request for relief 
5within 60 business days of receipt of written certification, 
6in the form prescribed by the Board Director, from a physician 
7or clinical psychologist, or qualified examiner, that the 
8aggrieved party's developmental disability or intellectual 
9disability condition is determined by a physician, clinical 
10psychologist, or qualified to be mild. If a fact-finding 
11conference is scheduled to obtain additional information 
12concerning the circumstances of the denial or revocation, the 
1360 business days the Director has to act shall be tolled until 
14the completion of the fact-finding conference.
15 (3) The Board Director may grant relief if the aggrieved 
16party's developmental disability or intellectual disability is 
17mild as determined by a physician, clinical psychologist, or 
18qualified examiner and it is established by the applicant to 
19the Board's Director's satisfaction that:
20  (A) granting relief would not be contrary to the 
21 public interest; and
22  (B) granting relief would not be contrary to federal 
23 law.
24 (4) The Board Director may not grant relief if the 
25condition is determined by a physician, clinical psychologist, 
26or qualified examiner to be moderate, severe, or profound.
 
 
10200HB0562sam001- 98 -LRB102 02734 RLC 27377 a


1 (5) The changes made to this Section by Public Act 99-29 
2this amendatory Act of the 99th General Assembly apply to 
3requests for
relief pending on or before July 10, 2015 (the 
4effective date of Public Act 99-29) this amendatory Act, 
5except that the 60-day period for the Director to act on 
6requests pending before the effective date shall begin
on July 
710, 2015 (the effective date of Public Act 99-29) this 
8amendatory Act. All appeals as provided in subsection (a-5), 
9pending on January 1, 2023, shall be considered by the Board. 
10 (d) When a minor is adjudicated delinquent for an offense 
11which if
committed by an adult would be a felony, the court 
12shall notify the Illinois Department
of State Police.

13 (e) The court shall review the denial of an application or 
14the revocation of
a Firearm Owner's Identification Card of a 
15person who has been adjudicated
delinquent for an offense that 
16if
committed by an adult would be a felony if an
application 
17for relief has been filed at least 10 years after the 
18adjudication
of delinquency and the court determines that the 
19applicant should be
granted relief from disability to obtain a 
20Firearm Owner's Identification Card.
If the court grants 
21relief, the court shall notify the Illinois Department of 
22State
Police that the disability has
been removed and that the 
23applicant is eligible to obtain a Firearm Owner's

24Identification Card.

25 (f) Any person who is subject to the disabilities of 18 
26U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act 
 
 
10200HB0562sam001- 99 -LRB102 02734 RLC 27377 a


1of 1968 because of an adjudication or commitment that occurred 
2under the laws of this State or who was determined to be 
3subject to the provisions of subsections (e), (f), or (g) of 
4Section 8 of this Act may apply to the Illinois Department of 
5State Police requesting relief from that prohibition. The 
6Board Director shall grant the relief if it is established by a 
7preponderance of the evidence that the person will not be 
8likely to act in a manner dangerous to public safety and that 
9granting relief would not be contrary to the public interest. 
10In making this determination, the Board Director shall receive 
11evidence concerning (i) the circumstances regarding the 
12firearms disabilities from which relief is sought; (ii) the 
13petitioner's mental health and criminal history records, if 
14any; (iii) the petitioner's reputation, developed at a minimum 
15through character witness statements, testimony, or other 
16character evidence; and (iv) changes in the petitioner's 
17condition or circumstances since the disqualifying events 
18relevant to the relief sought. If relief is granted under this 
19subsection or by order of a court under this Section, the 
20Director shall as soon as practicable but in no case later than 
2115 business days, update, correct, modify, or remove the 
22person's record in any database that the Illinois Department 
23of State Police makes available to the National Instant 
24Criminal Background Check System and notify the United States 
25Attorney General that the basis for the record being made 
26available no longer applies. The Illinois Department of State 
 
 
10200HB0562sam001- 100 -LRB102 02734 RLC 27377 a


1Police shall adopt rules for the administration of this 
2Section.
3(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78, 
4eff. 7-20-15.)





5 (430 ILCS 65/11) (from Ch. 38, par. 83-11)



6 Sec. 11. Judicial review of final administrative 
7decisions.  
8 (a) All final administrative decisions of the Firearm 
9Owner's Identification Card Review Board Department under this

10Act, except final administrative decisions of the Firearm 
11Owner's Identification Card Review Board Director of State 
12Police to deny a person's application for relief under 
13subsection (f) of Section 10 of this Act, shall be subject to 
14judicial review under the provisions of the Administrative

15Review Law, and all amendments and
modifications thereof, and 
16the rules adopted pursuant thereto. The term
"administrative 
17decision" is defined as in Section 3-101 of the Code of
Civil 
18Procedure.

19 (b) Any final administrative decision by the Firearm 
20Owner's Identification Card Review Board Director of State 
21Police to deny a person's application for relief under 
22subsection (f) of Section 10 of this Act is subject to de novo 
23judicial review by the circuit court, and any party may offer 
24evidence that is otherwise proper and admissible without 
25regard to whether that evidence is part of the administrative 
 
 
10200HB0562sam001- 101 -LRB102 02734 RLC 27377 a


1record. 
2 (c) The Firearm Owner's Identification Card Review Board 
3Director of State Police shall submit a report to the General

4Assembly on March 1 of each year, beginning March 1, 1991, 
5listing all
final decisions by a court of this State 
6upholding, reversing, or
reversing in part any administrative 
7decision made by the Department of State Police.

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




9 (430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)



10 Sec. 13.2. Renewal; name, photograph, or address change; 
11replacement card. The Department of State Police shall, 180 60 
12days
prior to the expiration of a Firearm Owner's 
13Identification Card,
forward by first class mail or by other 
14means provided in Section 7.5 to each person whose card is to 
15expire a
notification of the
expiration of the card and 
16instructions for renewal.
It is the obligation of the holder 
17of a Firearm Owner's Identification Card
to notify the 
18Department of State Police of any address change since the

19issuance of
the Firearm Owner's Identification Card. The 
20Illinois State Police may update the applicant and card 
21holders address based upon records in the Secretary of State 
22Driver's License or Illinois identification card records of 
23applicants who do not have driver's licenses. Whenever any 
24person moves from the residence address named on his or her 
25card, the person shall within 21 calendar days thereafter 
 
 
10200HB0562sam001- 102 -LRB102 02734 RLC 27377 a


1notify in a form and manner prescribed by the Department of his 
2or her old and new residence addresses and the card number held 
3by him or her. Any person whose legal name has changed from the 
4name on the card that he or she has been previously issued must 
5apply for a corrected card within 30 calendar days after the 
6change. The cost for an updated or a corrected card shall be 
7$5. The cost for replacement of a card which has been lost, 
8destroyed, or stolen shall be $5 if the loss, destruction, or 
9theft of the card is reported to the Department of State 
10Police. The fees collected under this Section shall be 
11deposited into the State Police Firearm Services Fund. 

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


13 (430 ILCS 65/13.4 new)
14 Sec. 13.4. Illinois State Police; rule making authority. 
15The Illinois State Police shall by rule adopt the following 
16procedures:
17 (1) When a person who possesses a valid Firearm Owner's 
18Identification Card applies for and is approved for a 
19concealed carry license, the valid Firearm Owner's 
20Identification Card is renewed for 10 years from the time of 
21approval instead of 10 years from the date of the original 
22card.
23 (2) If a person is eligible for both a Firearm Owner's 
24Identification Card and a concealed carry license, the 
25Illinois State Police shall by rule create one card that may be 
 
 
10200HB0562sam001- 103 -LRB102 02734 RLC 27377 a


1used as both a Firearm Owner's Identification Card and a 
2concealed carry license. A combined Firearm Owner's 
3Identification Card and concealed carry license shall be 
4considered a valid card for the purposes of this Act. If a 
5person who possesses a combined Firearm Owner's Identification 
6Card and a concealed carry license becomes subject to 
7suspension or revocation under the Firearm Concealed Carry 
8Act, but is otherwise eligible for a valid Firearm Owner's 
9Identification Card, the Illinois State Police shall ensure 
10the person's Firearm Owner's Identification Card status is not 
11interrupted. The Illinois State Police shall adopt rules to 
12implement this Section.

13 Section 25. The Firearm Concealed Carry Act is amended by 
14changing Sections 10, 20, 30, 50, 55, and 70 and by adding 
15Sections 10.5, 10.6, and 66 as follows:

16 (430 ILCS 66/10)

17 Sec. 10. Issuance of licenses to carry a concealed 
18firearm. 
19 (a) The Department shall issue a license to carry a 
20concealed firearm under this Act to an applicant who:
21  (1) meets the qualifications of Section 25 of this 
22 Act;
23  (2) has provided the application and documentation 
24 required in Section 30 of this Act; 
 
 
10200HB0562sam001- 104 -LRB102 02734 RLC 27377 a


1  (3) has submitted the requisite fees; and
2  (4) does not pose a danger to himself, herself, or 
3 others, or a threat to public safety as determined by the 
4 Concealed Carry Licensing Review Board in accordance with 
5 Section 20.
6 (b) The Department shall issue a renewal, corrected, or 
7duplicate license as provided in this Act.
8 (c) A license shall be valid throughout the State for a 
9period of 5 years from the date of issuance. A license shall 
10permit the licensee to:
11  (1) carry a loaded or unloaded concealed firearm, 
12 fully concealed or partially concealed, on or about his or 
13 her person; and

14  (2) keep or carry a loaded or unloaded concealed 
15 firearm on or about his or her person within a vehicle.
16 (d) The Department shall make applications for a license 
17available no later than 180 days after the effective date of 
18this Act. The Department shall establish rules for the 
19availability and submission of applications in accordance with 
20this Act.
21 (e) An application for a license submitted to the 
22Department that contains all the information and materials 
23required by this Act, including the requisite fee, shall be 
24deemed completed. Except as otherwise provided in this Act, no 
25later than 90 days after receipt of a completed application, 
26the Department shall issue or deny the applicant a license. 
 
 
10200HB0562sam001- 105 -LRB102 02734 RLC 27377 a


1The Illinois State Police shall notify the applicant for a 
2concealed carry license, electronically, to confirm if all the 
3required information and materials have been received. If an 
4applicant for a concealed carry license submits his or her 
5application electronically, the Illinois State Police shall 
6notify the applicant electronically if his or her application 
7is missing information or materials. 
8 (f) The Department shall deny the applicant a license if 
9the applicant fails to meet the requirements under this Act or 
10the Department receives a determination from the Board that 
11the applicant is ineligible for a license. The Department must 
12notify the applicant stating the grounds for the denial. The 
13notice of denial must inform the applicant of his or her right 
14to an appeal through administrative and judicial review.
15 (g) A licensee shall possess a license at all times the 
16licensee carries a concealed firearm except:
17  (1) when the licensee is carrying or possessing a 
18 concealed firearm on his or her land or in his or her 
19 abode, legal dwelling, or fixed place of business, or on 
20 the land or in the legal dwelling of another person as an 
21 invitee with that person's permission;
22  (2) when the person is authorized to carry a firearm 
23 under Section 24-2 of the Criminal Code of 2012, except 
24 subsection (a-5) of that Section; or
25  (3) when the handgun is broken down in a 
26 non-functioning state, is not immediately accessible, or 
 
 
10200HB0562sam001- 106 -LRB102 02734 RLC 27377 a


1 is unloaded and enclosed in a case.
2 (h) If an officer of a law enforcement agency initiates an 
3investigative stop, including but not limited to a traffic 
4stop, of a licensee or a non-resident carrying a concealed 
5firearm under subsection (e) of
Section 40 of this Act, upon 
6the request of the officer the licensee or non-resident shall 
7disclose to the officer that he or she is in possession of a 
8concealed firearm under this Act, or present the license upon 
9the request of the officer if he or she is a licensee or 
10present upon the request of the officer evidence
under 
11paragraph (2) of subsection (e) of Section 40 of this Act that 
12he or she is a non-resident qualified to carry
under that 
13subsection. The disclosure requirement under this subsection 
14(h) is satisfied if the licensee presents his or her license to 
15the officer or the non-resident presents to the officer 
16evidence under paragraph (2) of subsection (e) of Section 40 
17of this Act that he or she is qualified to carry under that 
18subsection. Upon the request of the officer, the licensee or 
19non-resident shall also identify the location of the concealed 
20firearm and permit the officer to safely secure the firearm 
21for the duration of the investigative stop. During a traffic 
22stop, any
passenger within the vehicle who is a licensee or a 
23non-resident carrying under subsection (e) of
Section 40 of 
24this Act must comply with the requirements of this subsection 
25(h). 
26 (h-1) If a licensee carrying a firearm or a non-resident 
 
 
10200HB0562sam001- 107 -LRB102 02734 RLC 27377 a


1carrying a firearm in a vehicle under subsection (e) of 
2Section 40 of this Act is contacted by a law enforcement 
3officer or emergency
services personnel, the law enforcement 
4officer or emergency services personnel may secure the firearm

5or direct that it be secured during the duration of the contact 
6if the law enforcement officer or emergency
services personnel 
7determines that it is necessary for the safety of any person

8present, including the law enforcement officer or emergency 
9services personnel. The licensee or nonresident
shall submit 
10to the order to secure the firearm. When the law enforcement 
11officer or emergency services
personnel have determined that 
12the licensee or non-resident is not a threat to
the safety of 
13any person present, including the law enforcement officer or 
14emergency services personnel, and
if the licensee or 
15non-resident is physically and mentally capable of
possessing 
16the firearm, the law enforcement officer or emergency services 
17personnel shall return the
firearm to the licensee or 
18non-resident before releasing him or her from the
scene and 
19breaking contact. If the licensee or non-resident is 
20transported for
treatment to another location, the firearm 
21shall be turned over to any peace
officer. The peace officer 
22shall provide a receipt which includes the make,
model, 
23caliber, and serial number of the firearm. 
24 (i) The Department shall maintain a database of license 
25applicants and licensees. The database shall be available to 
26all federal, State, and local law enforcement agencies, 
 
 
10200HB0562sam001- 108 -LRB102 02734 RLC 27377 a


1State's Attorneys, the Attorney General, and authorized court 
2personnel. Within 180 days after the effective date of this 
3Act, the database shall be searchable and provide all 
4information included in the application, including the 
5applicant's previous addresses within the 10 years prior to 
6the license application and any information related to 
7violations of this Act. No law enforcement agency, State's 
8Attorney, Attorney General, or member or staff of the 
9judiciary shall provide any information to a requester who is 
10not entitled to it by law.
11 (j) No later than 10 days after receipt of a completed 
12application, the Department shall enter the relevant 
13information about the applicant into the database under 
14subsection (i) of this Section which is accessible by law 
15enforcement agencies.

16 (k) The Illinois State Police shall continuously monitor 
17relevant State and federal databases for firearms prohibitors 
18and correlate those records with concealed carry license 
19holders to ensure compliance with this Act, or State and 
20federal law. The Illinois State Police may adopt rules to 
21implement this subsection. 
22(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29, 
23eff. 7-10-15.)

24 (430 ILCS 66/10.5 new)
25 Sec. 10.5. Electronic concealed carry licenses. The 
 
 
10200HB0562sam001- 109 -LRB102 02734 RLC 27377 a


1Illinois State Police may develop a system under which the 
2holder of a concealed carry license may display an electronic 
3version of his or her license on a mobile telephone or other 
4portable electronic device. An electronic version of a 
5concealed carry license shall contain security features the 
6Illinois State Police determines to be necessary to ensure 
7that the electronic version is accurate and current and shall 
8satisfy other requirements the Illinois State Police 
9determines to be necessary regarding form and content. The 
10display or possession of an electronic version of a valid 
11concealed carry license in accordance with the requirements of 
12the Illinois State Police satisfies all requirements for the 
13display or possession of a valid concealed carry license under 
14the laws of this State. The possession or display of an 
15electronic concealed carry license on a mobile telephone or 
16other portable electronic device does not constitute consent 
17for a law enforcement officer, court, or other officer of the 
18court to access other contents of the mobile telephone or 
19other portable electronic device. The Illinois State Police 
20may adopt rules to implement this Section.

21 (430 ILCS 66/10.6 new)
22 Sec. 10.6. Email and text messages notifications. A person 
23subject to this Act may notify the Department upon application 
24or at any time thereafter that he or she would like to receive 
25correspondence from the Illinois State Police via email or 
 
 
10200HB0562sam001- 110 -LRB102 02734 RLC 27377 a


1text message and may opt out of first-class mail. Such 
2correspondence may include notification of the status of a 
3person's application, suspension, revocation, appeal, and 
4other notifications concerning his or her concealed carry 
5license. A person may request email or text message, or both. 
6Any person selecting email or text message alerts must have 
7either or both the person's email or cellular phone number on 
8file with the Illinois State Police.

9 (430 ILCS 66/20)

10 Sec. 20. Concealed Carry Licensing Review Board. 
11 (a) There is hereby created within the Department of State 
12Police a Concealed Carry Licensing Review Board to consider 
13any objection to an applicant's eligibility to obtain a 
14license under this Act submitted by a law enforcement agency 
15or the Department under Section 15 of this Act. The Board shall 
16consist of 7 commissioners to be appointed by the Governor, 
17with the advice and consent of the Senate, with 3 
18commissioners residing within the First Judicial District and 
19one commissioner residing within each of the 4 remaining 
20Judicial Districts. No more than 4 commissioners shall be 
21members of the same political party. The Governor shall 
22designate one commissioner as the Chairperson. The Board shall 
23consist of:
24  (1) one commissioner with at least 5 years of service 
25 as a federal judge;
 
 
10200HB0562sam001- 111 -LRB102 02734 RLC 27377 a


1  (2) 2 commissioners with at least 5 years of 
2 experience serving as an attorney with the United States 
3 Department of Justice;
4  (3) 3 commissioners with at least 5 years of 
5 experience as a federal agent or employee with 
6 investigative experience or duties related to criminal 
7 justice under the United States Department of Justice, 
8 Drug Enforcement Administration, Department of Homeland 
9 Security, or Federal Bureau of Investigation; and
10  (4) one member with at least 5 years of experience as a 
11 licensed physician or clinical psychologist with expertise 
12 in the diagnosis and treatment of mental illness.
13 (b) The initial terms of the commissioners shall end on 
14January 12, 2015. Notwithstanding any provision in this 
15Section to the contrary, the term
of office of each 
16commissioner of the Concealed Carry Licensing Review Board is 
17abolished on
the effective date of this amendatory Act of the 
18102nd General Assembly. The terms of the commissioners 
19appointed on or after
the effective date of this amendatory 
20Act of the 102nd General Assembly shall be as follows: one of

21the initial members shall be appointed for a term of one year, 
223 shall be
appointed for terms of 2 years, and 3 shall be 
23appointed for terms of 4 years. Thereafter, the commissioners 
24shall hold office for 4 years, with terms expiring on the 
25second Monday in January of the fourth year. Commissioners may 
26be reappointed. Vacancies in the office of commissioner shall 
 
 
10200HB0562sam001- 112 -LRB102 02734 RLC 27377 a


1be filled in the same manner as the original appointment, for 
2the remainder of the unexpired term. The Governor may remove a 
3commissioner for incompetence, neglect of duty, malfeasance, 
4or inability to serve. Commissioners shall receive 
5compensation in an amount equal to the compensation of members 
6of the Executive Ethics Commission and may be reimbursed for 
7reasonable expenses actually incurred in the performance of 
8their Board duties, from funds appropriated for that purpose.
9 (c) The Board shall meet at the call of the chairperson as 
10often as necessary to consider objections to applications for 
11a license under this Act. If necessary to ensure the 
12participation of a commissioner, the Board shall allow a 
13commissioner to participate in a Board meeting by electronic 
14communication. Any commissioner participating electronically 
15shall be deemed present for purposes of establishing a quorum 
16and voting.
17 (d) The Board shall adopt rules for the review of 
18objections and the conduct of hearings. The Board shall 
19maintain a record of its decisions and all materials 
20considered in making its decisions. All Board decisions and 
21voting records shall be kept confidential and all materials 
22considered by the Board shall be exempt from inspection except 
23upon order of a court.
24 (e) In considering an objection of a law enforcement 
25agency or the Department, the Board shall review the materials 
26received with the objection from the law enforcement agency or 
 
 
10200HB0562sam001- 113 -LRB102 02734 RLC 27377 a


1the Department. By a vote of at least 4 commissioners, the 
2Board may request additional information from the law 
3enforcement agency, Department, or the applicant, or the 
4testimony of the law enforcement agency, Department, or the 
5applicant. The Board may require that the applicant submit 
6electronic fingerprints to the Department for an updated 
7background check where the Board determines it lacks 
8sufficient information to determine eligibility. The Board may 
9only consider information submitted by the Department, a law 
10enforcement agency, or the applicant. The Board shall review 
11each objection and determine by a majority of commissioners 
12whether an applicant is eligible for a license.
13 (f) The Board shall issue a decision within 30 days of 
14receipt of the objection from the Department. However, the 
15Board need not issue a decision within 30 days if:
16  (1) the Board requests information from the applicant, 
17 including but not limited to electronic fingerprints to be 
18 submitted to the Department, in accordance with subsection 
19 (e) of this Section, in which case the Board shall make a 
20 decision within 30 days of receipt of the required 
21 information from the applicant;
22  (2) the applicant agrees, in writing, to allow the 
23 Board additional time to consider an objection; or
24  (3) the Board notifies the applicant and the 
25 Department that the Board needs an additional 30 days to 
26 issue a decision.
 
 
10200HB0562sam001- 114 -LRB102 02734 RLC 27377 a


1 (g) If the Board determines by a preponderance of the 
2evidence that the applicant poses a danger to himself or 
3herself or others, or is a threat to public safety, then the 
4Board shall affirm the objection of the law enforcement agency 
5or the Department and shall notify the Department that the 
6applicant is ineligible for a license. If the Board does not 
7determine by a preponderance of the evidence that the 
8applicant poses a danger to himself or herself or others, or is 
9a threat to public safety, then the Board shall notify the 
10Department that the applicant is eligible for a license.
11 (h) Meetings of the Board shall not be subject to the Open 
12Meetings Act and records of the Board shall not be subject to 
13the Freedom of Information Act.
14 (i) The Board shall report monthly to the Governor and the 
15General Assembly on the number of objections received and 
16provide details of the circumstances in which the Board has 
17determined to deny licensure based on law enforcement or 
18Department objections under Section 15 of this Act. The report 
19shall not contain any identifying information about the 
20applicants.

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

22 (430 ILCS 66/30)

23 Sec. 30. Contents of license application. 
24 (a) The license application shall be in writing, under 
25penalty of perjury, on a standard form adopted by the 
 
 
10200HB0562sam001- 115 -LRB102 02734 RLC 27377 a


1Department and shall be accompanied by the documentation 
2required in this Section and the applicable fee. Each 
3application form shall include the following statement printed 
4in bold type: "Warning: Entering false information on this 
5form is punishable as perjury under Section 32-2 of the 
6Criminal Code of 2012."
7 (b) The application shall contain the following:
8  (1) the applicant's name, current address, date and 
9 year of birth, place of birth, height, weight, hair color, 
10 eye color, maiden name or any other name the applicant has 
11 used or identified with, and any address where the 
12 applicant resided for more than 30 days within the 10 
13 years preceding the date of the license application;
14  (2) the applicant's valid driver's license number or 
15 valid state identification card number;
16  (3) a waiver of the applicant's privacy and 
17 confidentiality rights and privileges under all federal 
18 and state laws, including those limiting access to 
19 juvenile court, criminal justice, psychological, or 
20 psychiatric records or records relating to any 
21 institutionalization of the applicant, and an affirmative 
22 request that a person having custody of any of these 
23 records provide it or information concerning it to the 
24 Department. The waiver only applies to records sought in 
25 connection with determining whether the applicant 
26 qualifies for a license to carry a concealed firearm under 
 
 
10200HB0562sam001- 116 -LRB102 02734 RLC 27377 a


1 this Act, or whether the applicant remains in compliance 
2 with the Firearm Owners Identification Card Act;
3  (4) an affirmation that the applicant possesses a 
4 currently valid Firearm Owner's Identification Card and 
5 card number if possessed or notice the applicant is 
6 applying for a Firearm Owner's Identification Card in 
7 conjunction with the license application;
8  (5) an affirmation that the applicant has not been 
9 convicted or found guilty of:
10   (A) a felony;
11   (B) a misdemeanor involving the use or threat of 
12 physical force or violence to any person within the 5 
13 years preceding the date of the application; or
14   (C) 2 or more violations related to driving while 
15 under the influence of alcohol, other drug or drugs, 
16 intoxicating compound or compounds, or any combination 
17 thereof, within the 5 years preceding the date of the 
18 license application; and
19  (6) whether the applicant has failed a drug test for a 
20 drug for which the applicant did not have a prescription, 
21 within the previous year, and if so, the provider of the 
22 test, the specific substance involved, and the date of the 
23 test;
24  (7) written consent for the Department to review and 
25 use the applicant's Illinois digital driver's license or 
26 Illinois identification card photograph and signature;
 
 
10200HB0562sam001- 117 -LRB102 02734 RLC 27377 a


1  (8) unless submitted under subsection (a-25) of 
2 Section 4 of the Firearm Owners Identification Card Act, a 
3 full set of fingerprints submitted to the Department in 
4 electronic format, provided the Department may accept an 
5 application submitted without a set of fingerprints in 
6 which case the Department shall be granted 30 days in 
7 addition to the 90 days provided under subsection (e) of 
8 Section 10 of this Act to issue or deny a license;
9  (9) a head and shoulder color photograph in a size 
10 specified by the Department taken within the 30 days 
11 preceding the date of the license application; and
12  (10) a photocopy of any certificates or other evidence 
13 of compliance with the training requirements under this 
14 Act.

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

16 (430 ILCS 66/50)

17 Sec. 50. License renewal. 
18 (a) This subsection (a) applies through the 180th day 
19following the effective date of this amendatory Act of the 
20101st General Assembly. The Illinois State Police shall, 180 
21days prior to the expiration of a concealed carry license 
22notify each person whose license is to expire a notification 
23of the expiration of the license and instructions for renewal. 
24Applications for renewal of a license shall be made to the 
25Department. A license shall be renewed for a period of 5 years 
 
 
10200HB0562sam001- 118 -LRB102 02734 RLC 27377 a


1upon receipt of a completed renewal application, completion of 
23 hours of training required under Section 75 of this Act, 
3payment of the applicable renewal fee, and completion of an 
4investigation under Section 35 of this Act. The renewal 
5application shall contain the information required in Section 
630 of this Act, except that the applicant need not resubmit a 
7full set of fingerprints.
8 (b) This subsection (b) applies on and after the 181st day 
9following the effective date of this amendatory Act of the 
10101st General Assembly. Applications for renewal of a license 
11shall be made to the Department. A license shall be renewed for 
12a period of 5 years from the date of expiration on the 
13applicant's current license upon the receipt of a completed 
14renewal application, completion of 3 hours of training 
15required under Section 75 of this Act, payment of the 
16applicable renewal fee, and completion of an investigation 
17under Section 35 of this Act. The renewal application shall 
18contain the information required in Section 30 of this Act, 
19except that the applicant need not resubmit a full set of 
20fingerprints. 

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

22 (430 ILCS 66/55)

23 Sec. 55. Change of address or name; lost, destroyed, or 
24stolen licenses. 
25 (a) A licensee shall notify the Department within 30 days 
 
 
10200HB0562sam001- 119 -LRB102 02734 RLC 27377 a


1of moving or changing residence or any change of name. The 
2licensee shall submit the requisite fee and the Department may 
3require a notarized statement that the licensee has
changed 
4his or her residence or his or her name, including the prior 
5and current address or name and the date the applicant moved or 
6changed his or her name.
7 (b) A licensee shall notify the Department within 10 days 
8of discovering that a license has been lost, destroyed, or 
9stolen. A lost, destroyed, or stolen license is invalid. To 
10request a replacement license, the licensee shall submit:
11  (1) a written or electronic acknowledgment notarized 
12 statement that the licensee no longer possesses the 
13 license, and that it was lost, destroyed, or stolen;
14  (2) if applicable, a copy of a police report stating 
15 that the license was stolen; and
16  (3) the requisite fee.
17 (c) A violation of this Section is a petty offense with a 
18fine of $150 which shall be deposited into the Mental Health 
19Reporting Fund.

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

21 (430 ILCS 66/66 new)
22 Sec. 66. Illinois State Police to monitor databases for 
23firearms prohibitors. The Illinois State Police shall 
24continuously monitor relevant State and federal databases for 
25firearms prohibitors and correlate those records with 
 
 
10200HB0562sam001- 120 -LRB102 02734 RLC 27377 a


1concealed carry license holders to ensure compliance with this 
2Act and any other State and federal laws. As used in this 
3Section, "firearms prohibitor" means any factor listed in 
4Section 8 or Section 8.2 of the Firearm Owners Identification 
5Card Act or Section 24-3 or 24-3.1 of the Criminal Code of 2012 
6that prohibits a person from transferring or possessing a 
7firearm, firearm ammunition, Firearm Owner's Identification 
8Card, or concealed carry license.

9 (430 ILCS 66/70)
10 Sec. 70. Violations. 
11 (a) A license issued or renewed under this Act shall be 
12revoked if, at any time, the licensee is found to be ineligible 
13for a license under this Act or the licensee no longer meets 
14the eligibility requirements of the Firearm Owners 
15Identification Card Act.
16 (b) A license shall be suspended if an order of 
17protection, including an emergency order of protection, 
18plenary order of protection, or interim order of protection 
19under Article 112A of the Code of Criminal Procedure of 1963 or 
20under the Illinois Domestic Violence Act of 1986, or if a 
21firearms restraining order, including an emergency firearms 
22restraining order, under the Firearms Restraining Order Act, 
23is issued against a licensee for the duration of the order, or 
24if the Department is made aware of a similar order issued 
25against the licensee in any other jurisdiction. If an order of 
 
 
10200HB0562sam001- 121 -LRB102 02734 RLC 27377 a


1protection is issued against a licensee, the licensee shall 
2surrender the license, as applicable, to the court at the time 
3the order is entered or to the law enforcement agency or entity 
4serving process at the time the licensee is served the order. 
5The court, law enforcement agency, or entity responsible for 
6serving the order of protection shall notify the Department 
7within 7 days and transmit the license to the Department.
8 (c) A license is invalid upon expiration of the license, 
9unless the licensee has submitted an application to renew the 
10license, and the applicant is otherwise eligible to possess a 
11license under this Act.
12 (d) A licensee shall not carry a concealed firearm while 
13under the influence of alcohol, other drug or drugs, 
14intoxicating compound or combination of compounds, or any 
15combination thereof, under the standards set forth in 
16subsection (a) of Section 11-501 of the Illinois Vehicle Code.
17 A licensee in violation of this subsection (d) shall be 
18guilty of a Class A misdemeanor for a first or second violation 
19and a Class 4 felony for a third violation. The Department may 
20suspend a license for up to 6 months for a second violation and 
21shall permanently revoke a license for a third violation.
22 (e) Except as otherwise provided, a licensee in violation 
23of this Act shall be guilty of a Class B misdemeanor. A second 
24or subsequent violation is a Class A misdemeanor. The 
25Department may suspend a license for up to 6 months for a 
26second violation and shall permanently revoke a license for 3 
 
 
10200HB0562sam001- 122 -LRB102 02734 RLC 27377 a


1or more violations of Section 65 of this Act. Any person 
2convicted of a violation under this Section shall pay a $150 
3fee to be deposited into the Mental Health Reporting Fund, 
4plus any applicable court costs or fees.
5 (f) A licensee convicted or found guilty of a violation of 
6this Act who has a valid license and is otherwise eligible to 
7carry a concealed firearm shall only be subject to the 
8penalties under this Section and shall not be subject to the 
9penalties under Section 21-6, paragraph (4), (8), or (10) of 
10subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) 
11of paragraph (3) of subsection (a) of Section 24-1.6 of the 
12Criminal Code of 2012. Except as otherwise provided in this 
13subsection, nothing in this subsection prohibits the licensee 
14from being subjected to penalties for violations other than 
15those specified in this Act.
16 (g) A licensee whose license is revoked, suspended, or 
17denied shall, within 48 hours of receiving notice of the 
18revocation, suspension, or denial, surrender his or her 
19concealed carry license to the local law enforcement agency 
20where the person resides. The local law enforcement agency 
21shall provide the licensee a receipt and transmit the 
22concealed carry license to the Department of State Police. If 
23the licensee whose concealed carry license has been revoked, 
24suspended, or denied fails to comply with the requirements of 
25this subsection, the law enforcement agency where the person 
26resides may petition the circuit court to issue a warrant to 
 
 
10200HB0562sam001- 123 -LRB102 02734 RLC 27377 a


1search for and seize the concealed carry license in the 
2possession and under the custody or control of the licensee 
3whose concealed carry license has been revoked, suspended, or 
4denied. The observation of a concealed carry license in the 
5possession of a person whose license has been revoked, 
6suspended, or denied constitutes a sufficient basis for the 
7arrest of that person for violation of this subsection. A 
8violation of this subsection is a Class A misdemeanor.
9 (h) Except as otherwise provided in subsection (h-5), a A 
10license issued or renewed under this Act shall be revoked if, 
11at any time, the licensee is found ineligible for a Firearm 
12Owner's Identification Card, or the licensee no longer 
13possesses a valid Firearm Owner's Identification Card. If the 
14Firearm Owner's Identification Card is expired or suspended 
15rather than denied or revoked, the license may be suspended 
16for a period of up to one year to allow the licensee to 
17reinstate his or her Firearm Owner's Identification Card. The 
18Illinois State Police shall adopt rules to enforce this 
19subsection. A licensee whose license is revoked under this 
20subsection (h) shall surrender his or her concealed carry 
21license as provided for in subsection (g) of this Section. 
22 This subsection shall not apply to a person who has filed 
23an application with the State Police for renewal of a Firearm

24Owner's Identification Card and who is not otherwise 
25ineligible to obtain a Firearm Owner's Identification Card.

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

 
 
10200HB0562sam001- 124 -LRB102 02734 RLC 27377 a


1licensee under this Act expires during the term of the license

2issued under this Act, the license and the Firearm Owner's

3Identification Card remain valid, and the Illinois State 
4Police
may automatically renew the licensee's Firearm Owner's

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

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

16 Section 26. The Firearms Restraining Order Act is amended 
17by changing Sections 35 and 40 as follows:

18 (430 ILCS 67/35)

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

20 (a) A petitioner may request an emergency firearms 
21restraining order by filing an affidavit or verified pleading 
22alleging that the respondent poses an immediate and present 
23danger of causing personal injury to himself, herself, or 
24another by having in his or her custody or control, 
 
 
10200HB0562sam001- 125 -LRB102 02734 RLC 27377 a


1purchasing, possessing, or receiving a firearm. The petition 
2shall also describe the type and location of any firearm or 
3firearms presently believed by the petitioner to be possessed 
4or controlled by the respondent.

5 (b) If the respondent is alleged to pose an immediate and 
6present danger of causing personal injury to an intimate 
7partner, or an intimate partner is alleged to have been the 
8target of a threat or act of violence by the respondent, the 
9petitioner shall make a good faith effort to provide notice to 
10any and all intimate partners of the respondent. The notice 
11must include that the petitioner intends to petition the court 
12for an emergency firearms restraining order, and, if the 
13petitioner is a law enforcement officer, referral to relevant 
14domestic violence or stalking advocacy or counseling 
15resources, if appropriate. The petitioner shall attest to 
16having provided the notice in the filed affidavit or verified 
17pleading. If, after making a good faith effort, the petitioner 
18is unable to provide notice to any or all intimate partners, 
19the affidavit or verified pleading should describe what 
20efforts were made.
21 (c) Every person who files a petition for an emergency 
22firearms restraining order, knowing the information provided 
23to the court at any hearing or in the affidavit or verified 
24pleading to be false, is guilty of perjury under Section 32-2 
25of the Criminal Code of 2012.

26 (d) An emergency firearms restraining order shall be 
 
 
10200HB0562sam001- 126 -LRB102 02734 RLC 27377 a


1issued on an ex parte basis, that is, without notice to the 
2respondent.

3 (e) An emergency hearing held on an ex parte basis shall be 
4held the same day that the petition is filed or the next day 
5that the court is in session.

6 (f) If a circuit or associate judge finds probable cause 
7to believe that the respondent poses an immediate and present 
8danger of causing personal injury to himself, herself, or 
9another by having in his or her custody or control, 
10purchasing, possessing, or receiving a firearm, the circuit or 
11associate judge shall issue an emergency order.

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

21  (1) the respondent to refrain from having in his or 
22 her custody or control, purchasing, possessing, or 
23 receiving additional firearms for the duration of the 
24 order under Section 8.2 of the Firearm Owners 
25 Identification Card Act;
and
26  (2) the respondent to comply with Section 9.5 of the 
 
 
10200HB0562sam001- 127 -LRB102 02734 RLC 27377 a


1 Firearm Owners Identification Card Act turn over to the 
2 local law enforcement agency any Firearm Owner's 
3 Identification Card and subsection (g) of Section 70 of 
4 the Firearm Concealed Carry Act concealed carry license in 
5 his or her possession. The local law enforcement agency 
6 shall immediately mail the card and concealed carry 
7 license to the Department of State Police Firearm Services 
8 Bureau for safekeeping. The firearm or firearms and 
9 Firearm Owner's Identification Card and concealed carry 
10 license, if unexpired, shall be returned to the respondent 
11 after the firearms restraining order is terminated or 
12 expired.
13 (h) Except as otherwise provided in subsection (h-5) of 
14this Section, upon expiration of the period of safekeeping, if 
15the firearms or Firearm Owner's Identification Card and 
16concealed carry license cannot be returned to the respondent 
17because the respondent cannot be located, fails to respond to 
18requests to retrieve the firearms, or is not lawfully eligible 
19to possess a firearm, upon petition from the local law 
20enforcement agency, the court may order the local law 
21enforcement agency to destroy the firearms, use the firearms 
22for training purposes, or use the firearms for any other 
23application as deemed appropriate by the local law enforcement 
24agency.

25 (h-5) On or before January 1, 2022, a A respondent whose 
26Firearm Owner's Identification Card has been revoked or 
 
 
10200HB0562sam001- 128 -LRB102 02734 RLC 27377 a


1suspended may petition the court, if the petitioner is present 
2in court or has notice of the respondent's petition, to 
3transfer the respondent's firearm to a person who is lawfully 
4able to possess the firearm if the person does not reside at 
5the same address as the respondent. Notice of the petition 
6shall be served upon the person protected by the emergency 
7firearms restraining order. While the order is in effect, the 
8transferee who receives the respondent's firearms must swear 
9or affirm by affidavit that he or she shall not transfer the 
10firearm to the respondent or to anyone residing in the same 
11residence as the respondent.
12 (h-6) If a person other than the respondent claims title 
13to any firearms surrendered under this Section, he or she may 
14petition the court, if the petitioner is present in court or 
15has notice of the petition, to have the firearm returned to him 
16or her. If the court determines that person to be the lawful 
17owner of the firearm, the firearm shall be returned to him or 
18her, provided that:
19  (1) the firearm is removed from the respondent's 
20 custody, control, or possession and the lawful owner 
21 agrees to store the firearm in a manner such that the 
22 respondent does not have access to or control of the 
23 firearm; and
24  (2) the firearm is not otherwise unlawfully possessed 
25 by the owner.
26 The person petitioning for the return of his or her 
 
 
10200HB0562sam001- 129 -LRB102 02734 RLC 27377 a


1firearm must swear or affirm by affidavit that he or she: (i) 
2is the lawful owner of the firearm; (ii) shall not transfer the 
3firearm to the respondent; and (iii) will store the firearm in 
4a manner that the respondent does not have access to or control 
5of the firearm. 
6 (i) In accordance with subsection (e) of this Section, the 
7court shall schedule a full hearing as soon as possible, but no 
8longer than 14 days from the issuance of an ex parte firearms 
9restraining order, to determine if a 6-month firearms 
10restraining order shall be issued. The court may extend an ex 
11parte order as needed, but not to exceed 14 days, to effectuate 
12service of the order or if necessary to continue protection. 
13The court may extend the order for a greater length of time by 
14mutual agreement of the parties.


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

16 (430 ILCS 67/40)

17 Sec. 40. Six-month orders.

18 (a) A petitioner may request a 6-month firearms 
19restraining order by filing an affidavit or verified pleading 
20alleging that the respondent poses a significant danger of 
21causing personal injury to himself, herself, or another in the 
22near future by having in his or her custody or control, 
23purchasing, possessing, or receiving a firearm. The petition 
24shall also describe the number, types, and locations of any 
25firearms presently believed by the petitioner to be possessed 
 
 
10200HB0562sam001- 130 -LRB102 02734 RLC 27377 a


1or controlled by the respondent.

2 (b) If the respondent is alleged to pose a significant 
3danger of causing personal injury to an intimate partner, or 
4an intimate partner is alleged to have been the target of a 
5threat or act of violence by the respondent, the petitioner 
6shall make a good faith effort to provide notice to any and all 
7intimate partners of the respondent. The notice must include 
8that the petitioner intends to petition the court for a 
96-month firearms restraining order, and, if the petitioner is 
10a law enforcement officer, referral to relevant domestic 
11violence or stalking advocacy or counseling resources, if 
12appropriate. The petitioner shall attest to having provided 
13the notice in the filed affidavit or verified pleading. If, 
14after making a good faith effort, the petitioner is unable to 
15provide notice to any or all intimate partners, the affidavit 
16or verified pleading should describe what efforts were made.
17 (c) Every person who files a petition for a 6-month 
18firearms restraining order, knowing the information provided 
19to the court at any hearing or in the affidavit or verified 
20pleading to be false, is guilty of perjury under Section 32-2 
21of the Criminal Code of 2012.

22 (d) Upon receipt of a petition for a 6-month firearms 
23restraining order, the court shall order a hearing within 30 
24days.

25 (e) In determining whether to issue a firearms restraining 
26order under this Section, the court shall consider evidence 
 
 
10200HB0562sam001- 131 -LRB102 02734 RLC 27377 a


1including, but not limited to, the following:

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

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

7  (3) Any prior arrest of the respondent for a felony 
8 offense.
9  (4) Evidence of the abuse of controlled substances or 
10 alcohol by the respondent.
11  (5) A recent threat of violence or act of violence by 
12 the respondent directed toward himself, herself, or 
13 another.
14  (6) A violation of an emergency order of protection 
15 issued under Section 217 of the Illinois Domestic Violence 
16 Act of 1986 or Section 112A-17 of the Code of Criminal 
17 Procedure of 1963 or of an order of protection issued 
18 under Section 214 of the Illinois Domestic Violence Act of 
19 1986 or Section 112A-14 of the Code of Criminal Procedure 
20 of 1963.

21  (7) A pattern of violent acts or violent threats, 
22 including, but not limited to, threats of violence or acts 
23 of violence by the respondent directed toward himself, 
24 herself, or another.
25 (f) At the hearing, the petitioner shall have the burden 
26of proving, by clear and convincing evidence, that the 
 
 
10200HB0562sam001- 132 -LRB102 02734 RLC 27377 a


1respondent poses a significant danger of personal injury to 
2himself, herself, or another by having in his or her custody or 
3control, purchasing, possessing, or receiving a firearm.
4 (g) If the court finds that there is clear and convincing 
5evidence to issue a firearms restraining order, the court 
6shall issue a firearms restraining order that shall be in 
7effect for 6 months subject to renewal under Section 45 of this 
8Act or termination under that Section. 
9 (g-5) If the court issues a 6-month firearms restraining 
10order, it shall, upon a finding of probable cause that the 
11respondent possesses firearms, issue a search warrant 
12directing a law enforcement agency to seize the respondent's 
13firearms. The court may, as part of that warrant, direct the 
14law enforcement agency to search the respondent's residence 
15and other places where the court finds there is probable cause 
16to believe he or she is likely to possess the firearms.
17 (h) A 6-month firearms restraining order shall require:
18  (1) the respondent to refrain from having in his or 
19 her custody or control, purchasing, possessing, or 
20 receiving additional firearms for the duration of the 
21 order under Section 8.2 of the Firearm Owners 
22 Identification Card Act; and
23  (2) the respondent to comply with Section 9.5 of the 
24 Firearm Owners Identification Card Act and subsection (g) 
25 of Section 70 of the Firearm Concealed Carry Act turn over 
26 to the local law enforcement agency any firearm or Firearm 
 
 
10200HB0562sam001- 133 -LRB102 02734 RLC 27377 a


1 Owner's Identification Card and concealed carry license in 
2 his or her possession. The local law enforcement agency 
3 shall immediately mail the card and concealed carry 
4 license to the Department of State Police Firearm Services 
5 Bureau for safekeeping. The firearm or firearms and 
6 Firearm Owner's Identification Card and concealed carry 
7 license, if unexpired, shall be returned to the respondent 
8 after the firearms restraining order is terminated or 
9 expired. 
10 (i) Except as otherwise provided in subsection (i-5) of 
11this Section, upon expiration of the period of safekeeping, if 
12the firearms or Firearm Owner's Identification Card cannot be 
13returned to the respondent because the respondent cannot be 
14located, fails to respond to requests to retrieve the 
15firearms, or is not lawfully eligible to possess a firearm, 
16upon petition from the local law enforcement agency, the court 
17may order the local law enforcement agency to destroy the 
18firearms, use the firearms for training purposes, or use the 
19firearms for any other application as deemed appropriate by 
20the local law enforcement agency.
21 (i-5) A respondent whose Firearm Owner's Identification 
22Card has been revoked or suspended may petition the court, if 
23the petitioner is present in court or has notice of the 
24respondent's petition, to transfer the respondent's firearm to 
25a person who is lawfully able to possess the firearm if the 
26person does not reside at the same address as the respondent. 
 
 
10200HB0562sam001- 134 -LRB102 02734 RLC 27377 a


1Notice of the petition shall be served upon the person 
2protected by the emergency firearms restraining order. While 
3the order is in effect, the transferee who receives the 
4respondent's firearms must swear or affirm by affidavit that 
5he or she shall not transfer the firearm to the respondent or 
6to anyone residing in the same residence as the respondent.
7 (i-6) If a person other than the respondent claims title 
8to any firearms surrendered under this Section, he or she may 
9petition the court, if the petitioner is present in court or 
10has notice of the petition, to have the firearm returned to him 
11or her. If the court determines that person to be the lawful 
12owner of the firearm, the firearm shall be returned to him or 
13her, provided that:
14  (1) the firearm is removed from the respondent's 
15 custody, control, or possession and the lawful owner 
16 agrees to store the firearm in a manner such that the 
17 respondent does not have access to or control of the 
18 firearm; and
19  (2) the firearm is not otherwise unlawfully possessed 
20 by the owner.
21 The person petitioning for the return of his or her 
22firearm must swear or affirm by affidavit that he or she: (i) 
23is the lawful owner of the firearm; (ii) shall not transfer the 
24firearm to the respondent; and (iii) will store the firearm in 
25a manner that the respondent does not have access to or control 
26of the firearm. 
 
 
10200HB0562sam001- 135 -LRB102 02734 RLC 27377 a


1 (j) If the court does not issue a firearms restraining 
2order at the hearing, the court shall dissolve any emergency 
3firearms restraining order then in effect.
4 (k) When the court issues a firearms restraining order 
5under this Section, the court shall inform the respondent that 
6he or she is entitled to one hearing during the period of the 
7order to request a termination of the order, under Section 45 
8of this Act, and shall provide the respondent with a form to 
9request a hearing. 

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

11 Section 27. The Wildlife Code is amended by changing 
12Sections 2.11, 2.26, 2.33, and 2.34 as follows:



13 (520 ILCS 5/2.11) (from Ch. 61, par. 2.11)



14 Sec. 2.11. Before any person may lawfully hunt wild 
15turkey, he shall first
obtain a "Wild Turkey Hunting Permit" 
16in accordance with the prescribed
regulations set forth in an 
17administrative rule of the Department. The
fee for a Resident 
18Wild Turkey Hunting Permit shall not exceed $15.

19 Upon submitting suitable evidence of legal residence in 
20any other state,
non-residents shall be charged a fee not to 
21exceed $125 for wild
turkey hunting
permits.

22 The Department may by administrative rule allocate and 
23issue non-resident
Wild Turkey Permits and establish fees for 
24such permits.

 
 
10200HB0562sam001- 136 -LRB102 02734 RLC 27377 a


1 It shall be unlawful to take wild turkey except by use of a 
2bow and arrow
or a shotgun of not larger than 10 nor smaller 
3than 20 gauge with shot
size not larger than No. 4, and no 
4person while attempting to so take
wild turkey may have in his 
5possession any other gun unless in accordance with the Firearm 
6Concealed Carry Act.

7 It shall be unlawful to take, or attempt to take wild 
8turkey except
during the time from 1/2 hour before sunrise to 
91/2 hour after sunset or during
such lesser period of time as 
10may be specified by administrative rule,
during those days for 
11which an open season is established.

12 It shall be unlawful for any person to take, or attempt to 
13take, wild
turkey by use of dogs, horses, automobiles, 
14aircraft or other vehicles,
or conveyances, or by the use or 
15aid of bait or baiting of any kind. For the purposes of this 
16Section, "bait" means any material, whether liquid or solid, 
17including food, salt, minerals, and other products, except 
18pure water, that can be ingested, placed, or scattered in such 
19a manner as to attract or lure wild turkeys. "Baiting" means 
20the placement or scattering of bait to attract wild turkeys. 
21An area is considered as baited during the presence of and for 
2210 consecutive days following the removal of the bait. 

23 It is unlawful for any person to take in Illinois or have 
24in his possession
more than one wild turkey per valid permit.

25 For the purposes of calculating acreage under this 
26Section, the Department shall, after determining the total 
 
 
10200HB0562sam001- 137 -LRB102 02734 RLC 27377 a


1acreage of the applicable tract or tracts of land, round 
2remaining fractional portions of an acre greater than or equal 
3to half of an acre up to the next whole acre. 
4 For the purposes of taking wild turkey, nothing in this 
5Section shall be construed to prevent the manipulation, 
6including mowing or cutting, of standing crops as a normal 
7agricultural or soil stabilization practice, food plots, or 
8normal agricultural practices, including planting, harvesting, 
9and maintenance such as cultivating. Such manipulation for the 
10purpose of taking wild turkey may be further modified by 
11administrative rule. 
12(Source: P.A. 98-180, eff. 8-5-13; 99-869, eff. 1-1-17.)




13 (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)


14 Sec. 2.26. Deer hunting permits. Any person attempting to 
15take deer shall first obtain a "Deer
Hunting Permit" issued by 
16the Department in accordance with its administrative rules.

17Those rules must provide for the issuance of the following 
18types of resident deer archery permits: (i) a combination 
19permit, consisting of one either-sex permit and one 
20antlerless-only permit, (ii) a single antlerless-only permit, 
21and (iii) a single either-sex permit. The fee for a Deer 
22Hunting Permit to take deer with either bow and arrow or gun

23shall not exceed $25.00 for residents of the State. The 
24Department may by
administrative rule provide for non-resident 
25deer hunting permits for which the
fee will not exceed $300 in 
 
 
10200HB0562sam001- 138 -LRB102 02734 RLC 27377 a


12005, $350 in 2006, and $400 in 2007 and thereafter except as 
2provided below for non-resident landowners
and non-resident 
3archery hunters. The Department may by
administrative rule 
4provide for a non-resident archery deer permit consisting
of 
5not more than 2 harvest tags at a total cost not to exceed $325 
6in 2005, $375 in 2006, and $425 in 2007 and thereafter.
The 
7fees for a youth resident and non-resident archery deer permit 
8shall be the same. 

9 The Department shall create a pilot program during the 
10special 3-day, youth-only deer hunting season to allow for 
11youth deer hunting permits that are valid statewide, excluding 
12those counties or portions of counties closed to firearm deer 
13hunting. The Department shall adopt rules to implement the 
14pilot program. Nothing in this paragraph shall be construed to 
15prohibit the Department from issuing Special Hunt Area Permits 
16for the youth-only deer hunting season or establishing, 
17through administrative rule, additional requirements 
18pertaining to the youth-only deer hunting season on 
19Department-owned or Department-managed sites, including 
20site-specific quotas or drawings. The provisions of this 
21paragraph are inoperative on and after January 1, 2023.
22 The standards and specifications for use of guns and bow 
23and arrow for
deer hunting shall be established by 
24administrative rule.

25 No person may have in his or her possession any firearm not 
26authorized by
administrative rule for a specific hunting 
 
 
10200HB0562sam001- 139 -LRB102 02734 RLC 27377 a


1season when taking deer unless in accordance with the Firearm 
2Concealed Carry Act.

3 Persons having a firearm deer hunting permit shall be 
4permitted to
take deer only during the period from 1/2 hour 
5before sunrise to
1/2 hour after sunset, and only during those 
6days for which an open season is
established for the taking of 
7deer by use of shotgun, handgun, or muzzle
loading
rifle.

8 Persons having an archery deer hunting permit shall be 
9permitted to
take deer only during the period from 1/2 hour 
10before sunrise to 1/2 hour
after sunset, and only during those 
11days for which an open season is
established for the taking of 
12deer by use of bow and arrow.

13 It shall be unlawful for any person to take deer by use of 
14dogs,
horses, automobiles, aircraft or other vehicles, or by 
15the use
or aid of bait or baiting of any kind. For the purposes 
16of this Section, "bait" means any material, whether liquid or 
17solid, including food, salt, minerals, and other products, 
18except pure water, that can be ingested, placed, or scattered 
19in such a manner as to attract or lure white-tailed deer. 
20"Baiting" means the placement or scattering of bait to attract 
21deer. An area is considered as baited during the presence
of 
22and for 10 consecutive days following the removal of bait. 
23Nothing in this Section shall prohibit the use of a dog to 
24track wounded deer. Any person using a dog for tracking 
25wounded deer must maintain physical control of the dog at all 
26times by means of a maximum 50 foot lead attached to the dog's 
 
 
10200HB0562sam001- 140 -LRB102 02734 RLC 27377 a


1collar or harness. Tracking wounded deer is permissible at 
2night, but at no time outside of legal deer hunting hours or 
3seasons shall any person handling or accompanying a dog being 
4used for tracking wounded deer be in possession of any firearm 
5or archery device. Persons tracking wounded deer with a dog 
6during the firearm deer seasons shall wear blaze orange or 
7solid blaze pink color as required. Dog handlers tracking 
8wounded deer with a dog are exempt from hunting license and 
9deer permit requirements so long as they are accompanied by 
10the licensed deer hunter who wounded the deer.

11 It shall be unlawful to possess or transport any wild deer 
12which has
been injured or killed in any manner upon a public 
13highway or public
right-of-way of this State unless exempted 
14by administrative rule.

15 Persons hunting deer must have gun unloaded and no bow and 
16arrow
device shall be carried with the arrow in the nocked 
17position during
hours when deer hunting is unlawful.

18 It shall be unlawful for any person, having taken the 
19legal limit of
deer by gun, to further participate with gun in 
20any deer hunting party.

21 It shall be unlawful for any person, having taken the 
22legal limit
of deer by bow and arrow, to further participate 
23with bow and arrow in any
deer hunting party.

24 The Department may prohibit upland game hunting during the 
25gun deer
season by administrative rule.

26 The Department shall not limit the number of non-resident, 
 
 
10200HB0562sam001- 141 -LRB102 02734 RLC 27377 a


1either-sex archery deer hunting permits to less than 20,000.


2 Any person who violates any of the provisions of this 
3Section,
including administrative rules, shall be guilty of a 
4Class B misdemeanor.

5 For the purposes of calculating acreage under this 
6Section, the Department shall, after determining the total 
7acreage of the applicable tract or tracts of land, round 
8remaining fractional portions of an acre greater than or equal 
9to half of an acre up to the next whole acre. 
10 For the purposes of taking white-tailed deer, nothing in 
11this Section shall be construed to prevent the manipulation, 
12including mowing or cutting, of standing crops as a normal 
13agricultural or soil stabilization practice, food plots, or 
14normal agricultural practices, including planting, harvesting, 
15and maintenance such as cultivating or the use of products 
16designed for scent only and not capable of ingestion, solid or 
17liquid, placed or scattered, in such a manner as to attract or 
18lure deer. Such manipulation for the purpose of taking 
19white-tailed deer may be further modified by administrative 
20rule. 
21(Source: P.A. 100-691, eff. 1-1-19; 100-949, eff. 1-1-19; 
22101-81, eff. 7-12-19; 101-444, eff. 6-1-20.)




23 (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)



24 Sec. 2.33. Prohibitions. 

25 (a) It is unlawful to carry or possess any gun in any
State 
 
 
10200HB0562sam001- 142 -LRB102 02734 RLC 27377 a


1refuge unless otherwise permitted by administrative rule.

2 (b) It is unlawful to use or possess any snare or 
3snare-like device,
deadfall, net, or pit trap to take any 
4species, except that snares not
powered by springs or other 
5mechanical devices may be used to trap
fur-bearing mammals, in 
6water sets only, if at least one-half of the snare
noose is 
7located underwater at all times.

8 (c) It is unlawful for any person at any time to take a 
9wild mammal
protected by this Act from its den by means of any 
10mechanical device,
spade, or digging device or to use smoke or 
11other gases to dislodge or
remove such mammal except as 
12provided in Section 2.37.

13 (d) It is unlawful to use a ferret or any other small 
14mammal which is
used in the same or similar manner for which 
15ferrets are used for the
purpose of frightening or driving any 
16mammals from their dens or hiding places.

17 (e) (Blank).

18 (f) It is unlawful to use spears, gigs, hooks or any like 
19device to
take any species protected by this Act.

20 (g) It is unlawful to use poisons, chemicals or explosives 
21for the
purpose of taking any species protected by this Act.

22 (h) It is unlawful to hunt adjacent to or near any peat, 
23grass,
brush or other inflammable substance when it is 
24burning.

25 (i) It is unlawful to take, pursue or intentionally harass 
26or disturb
in any manner any wild birds or mammals by use or 
 
 
10200HB0562sam001- 143 -LRB102 02734 RLC 27377 a


1aid of any vehicle or
conveyance, except as permitted by the 
2Code of Federal Regulations for the
taking of waterfowl. It is 
3also unlawful to use the lights of any vehicle
or conveyance or 
4any light from or any light connected to the
vehicle or 
5conveyance in any area where wildlife may be found except in

6accordance with Section 2.37 of this Act; however, nothing in 
7this
Section shall prohibit the normal use of headlamps for 
8the purpose of driving
upon a roadway. Striped skunk, opossum, 
9red fox, gray
fox, raccoon, bobcat, and coyote may be taken 
10during the open season by use of a small
light which is worn on 
11the body or hand-held by a person on foot and not in any

12vehicle.

13 (j) It is unlawful to use any shotgun larger than 10 gauge 
14while
taking or attempting to take any of the species 
15protected by this Act.

16 (k) It is unlawful to use or possess in the field any 
17shotgun shell loaded
with a shot size larger than lead BB or 
18steel T (.20 diameter) when taking or
attempting to take any 
19species of wild game mammals (excluding white-tailed
deer), 
20wild game birds, migratory waterfowl or migratory game birds 
21protected
by this Act, except white-tailed deer as provided 
22for in Section 2.26 and other
species as provided for by 
23subsection (l) or administrative rule.

24 (l) It is unlawful to take any species of wild game, except

25white-tailed deer and fur-bearing mammals, with a shotgun 
26loaded with slugs unless otherwise
provided for by 
 
 
10200HB0562sam001- 144 -LRB102 02734 RLC 27377 a


1administrative rule.

2 (m) It is unlawful to use any shotgun capable of holding 
3more than 3
shells in the magazine or chamber combined, except 
4on game breeding and
hunting preserve areas licensed under 
5Section 3.27 and except as permitted by
the Code of Federal 
6Regulations for the taking of waterfowl. If the shotgun
is 
7capable of holding more than 3 shells, it shall, while being 
8used on an
area other than a game breeding and shooting 
9preserve area licensed
pursuant to Section 3.27, be fitted 
10with a one piece plug that is
irremovable without dismantling 
11the shotgun or otherwise altered to
render it incapable of 
12holding more than 3 shells in the magazine and
chamber, 
13combined.

14 (n) It is unlawful for any person, except persons who 
15possess a permit to
hunt from a vehicle as provided in this 
16Section and persons otherwise permitted
by law, to have or 
17carry any gun in or on any vehicle, conveyance or aircraft,

18unless such gun is unloaded and enclosed in a case, except that 
19at field trials
authorized by Section 2.34 of this Act, 
20unloaded guns or guns loaded with blank
cartridges only, may 
21be carried on horseback while not contained in a case, or
to 
22have or carry any bow or arrow device in or on any vehicle 
23unless such bow
or arrow device is unstrung or enclosed in a 
24case, or otherwise made
inoperable unless in accordance with 
25the Firearm Concealed Carry Act.

26 (o) (Blank).

 
 
10200HB0562sam001- 145 -LRB102 02734 RLC 27377 a


1 (p) It is unlawful to take game birds, migratory game 
2birds or
migratory waterfowl with a rifle, pistol, revolver or 
3airgun.

4 (q) It is unlawful to fire a rifle, pistol, revolver or 
5airgun on,
over or into any waters of this State, including 
6frozen waters.

7 (r) It is unlawful to discharge any gun or bow and arrow 
8device
along, upon, across, or from any public right-of-way or 
9highway in this State.

10 (s) It is unlawful to use a silencer or other device to 
11muffle or
mute the sound of the explosion or report resulting 
12from the firing of
any gun.

13 (t) It is unlawful for any person to take or attempt to 
14take any species of wildlife or parts thereof, intentionally 
15or wantonly allow a dog to
hunt, within or upon the land of 
16another, or upon waters flowing over or
standing on the land of 
17another, or to knowingly shoot a gun or bow and arrow device at 
18any wildlife physically on or flying over the property of 
19another without first obtaining permission from
the owner or 
20the owner's designee. For the purposes of this Section, the 
21owner's designee means anyone who the owner designates in a 
22written authorization and the authorization must contain (i) 
23the legal or common description of property for such authority 
24is given, (ii) the extent that the owner's designee is 
25authorized to make decisions regarding who is allowed to take 
26or attempt to take any species of wildlife or parts thereof, 
 
 
10200HB0562sam001- 146 -LRB102 02734 RLC 27377 a


1and (iii) the owner's notarized signature. Before enforcing 
2this
Section the law enforcement officer must have received 
3notice from the
owner or the owner's designee of a violation of 
4this Section. Statements made to the
law enforcement officer 
5regarding this notice shall not be rendered
inadmissible by 
6the hearsay rule when offered for the purpose of showing the

7required notice.

8 (u) It is unlawful for any person to discharge any firearm 
9for the purpose
of taking any of the species protected by this 
10Act, or hunt with gun or
dog, or intentionally or wantonly 
11allow a dog to hunt, within 300 yards of an inhabited dwelling 
12without
first obtaining permission from the owner or tenant, 
13except that while
trapping, hunting with bow and arrow, 
14hunting with dog and shotgun using shot
shells only, or 
15hunting with shotgun using shot shells only, or providing 
16outfitting services under a waterfowl outfitter permit, or
on 
17licensed game breeding and hunting preserve areas, as defined 
18in Section
3.27, on
federally owned and managed lands and on 
19Department owned, managed, leased, or
controlled lands, a 100 
20yard restriction shall apply.

21 (v) It is unlawful for any person to remove fur-bearing 
22mammals from, or
to move or disturb in any manner, the traps 
23owned by another person without
written authorization of the 
24owner to do so.

25 (w) It is unlawful for any owner of a dog to knowingly or 
26wantonly allow
his or her dog to pursue, harass or kill deer, 
 
 
10200HB0562sam001- 147 -LRB102 02734 RLC 27377 a


1except that nothing in this Section shall prohibit the 
2tracking of wounded deer with a dog in accordance with the 
3provisions of Section 2.26 of this Code.

4 (x) It is unlawful for any person to wantonly or 
5carelessly injure
or destroy, in any manner whatsoever, any 
6real or personal property on
the land of another while engaged 
7in hunting or trapping thereon.

8 (y) It is unlawful to hunt wild game protected by this Act 
9between one
half hour after sunset and one half hour before 
10sunrise, except that
hunting hours between one half hour after 
11sunset and one half hour
before sunrise may be established by 
12administrative rule for fur-bearing
mammals.

13 (z) It is unlawful to take any game bird (excluding wild 
14turkeys and
crippled pheasants not capable of normal flight 
15and otherwise irretrievable)
protected by this Act when not 
16flying. Nothing in this Section shall prohibit
a person from 
17carrying an uncased, unloaded shotgun in a boat, while in 
18pursuit
of a crippled migratory waterfowl that is incapable of 
19normal flight, for the
purpose of attempting to reduce the 
20migratory waterfowl to possession, provided
that the attempt 
21is made immediately upon downing the migratory waterfowl and

22is done within 400 yards of the blind from which the migratory 
23waterfowl was
downed. This exception shall apply only to 
24migratory game birds that are not
capable of normal flight. 
25Migratory waterfowl that are crippled may be taken
only with a 
26shotgun as regulated by subsection (j) of this Section using

 
 
10200HB0562sam001- 148 -LRB102 02734 RLC 27377 a


1shotgun shells as regulated in subsection (k) of this Section.

2 (aa) It is unlawful to use or possess any device that may 
3be used for
tree climbing or cutting, while hunting 
4fur-bearing mammals, excluding coyotes.

5 (bb) It is unlawful for any person, except licensed game 
6breeders,
pursuant to Section 2.29 to import, carry into, or 
7possess alive in this
State any species of wildlife taken 
8outside of this State, without
obtaining permission to do so 
9from the Director.

10 (cc) It is unlawful for any person to have in his or her

11possession any freshly killed species protected by this Act 
12during the season
closed for taking.

13 (dd) It is unlawful to take any species protected by this 
14Act and retain
it alive except as provided by administrative 
15rule.

16 (ee) It is unlawful to possess any rifle while in the field 
17during gun
deer season except as provided in Section 2.26 and 
18administrative rules.

19 (ff) It is unlawful for any person to take any species 
20protected by
this Act, except migratory waterfowl, during the 
21gun deer hunting season in
those counties open to gun deer 
22hunting, unless he or she wears, when in
the field, a cap and 
23upper outer garment of a solid blaze orange color or solid 
24blaze pink color, with
such articles of clothing displaying a 
25minimum of 400 square inches of
blaze orange or solid blaze 
26pink color material.

 
 
10200HB0562sam001- 149 -LRB102 02734 RLC 27377 a


1 (gg) It is unlawful during the upland game season for any 
2person to take
upland game with a firearm unless he or she 
3wears, while in the field, a
cap of solid blaze orange color or 
4solid blaze pink color. For purposes of this Act, upland game 
5is
defined as Bobwhite Quail, Hungarian Partridge, Ring-necked 
6Pheasant, Eastern
Cottontail and Swamp Rabbit.

7 (hh) It shall be unlawful to kill or cripple any species 
8protected by
this Act for which there is a bag limit without 
9making a reasonable
effort to retrieve such species and 
10include such in the bag limit. It shall be unlawful for any 
11person having control over harvested game mammals, game birds, 
12or migratory game birds for which there is a bag limit to 
13wantonly waste or destroy the usable meat of the game, except 
14this shall not apply to wildlife taken under Sections 2.37 or 
153.22 of this Code. For purposes of this subsection, "usable 
16meat" means the breast meat of a game bird or migratory game 
17bird and the hind ham and front shoulders of a game mammal. It 
18shall be unlawful for any person to place, leave, dump, or 
19abandon a wildlife carcass or parts of it along or upon a 
20public right-of-way or highway or on public or private 
21property, including a waterway or stream, without the 
22permission of the owner or tenant. It shall not be unlawful to 
23discard game meat that is determined to be unfit for human 
24consumption.

25 (ii) This Section shall apply only to those species 
26protected by this
Act taken within the State. Any species or 
 
 
10200HB0562sam001- 150 -LRB102 02734 RLC 27377 a


1any parts thereof, legally taken
in and transported from other 
2states or countries, may be possessed
within the State, except 
3as provided in this Section and Sections 2.35, 2.36
and 3.21.

4 (jj) (Blank).

5 (kk) Nothing contained in this Section shall prohibit the 
6Director
from issuing permits to paraplegics or to other 
7persons with disabilities who meet the
requirements set forth 
8in administrative rule to shoot or hunt from a vehicle
as 
9provided by that rule, provided that such is otherwise in 
10accord with this
Act.

11 (ll) Nothing contained in this Act shall prohibit the 
12taking of aquatic
life protected by the Fish and Aquatic Life 
13Code or birds and mammals
protected by this Act, except deer 
14and fur-bearing mammals, from a boat not
camouflaged or 
15disguised to alter its identity or to further provide a place

16of concealment and not propelled by sail or mechanical power. 
17However, only
shotguns not larger than 10 gauge nor smaller 
18than .410 bore loaded with not
more than 3 shells of a shot 
19size no larger than lead BB or steel T (.20
diameter) may be 
20used to take species protected by this Act.

21 (mm) Nothing contained in this Act shall prohibit the use 
22of a shotgun,
not larger than 10 gauge nor smaller than a 20 
23gauge, with a rifled barrel.

24 (nn) It shall be unlawful to possess any species of 
25wildlife or wildlife parts taken unlawfully in Illinois, any 
26other state, or any other country, whether or not the wildlife 
 
 
10200HB0562sam001- 151 -LRB102 02734 RLC 27377 a


1or wildlife parts is indigenous to Illinois. For the purposes 
2of this subsection, the statute of limitations for unlawful 
3possession of wildlife or wildlife parts shall not cease until 
42 years after the possession has permanently ended. 
5(Source: P.A. 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; 
699-642, eff. 7-28-16; 100-489, eff. 9-8-17; 100-949, eff. 
71-1-19.)





8 (520 ILCS 5/2.34) (from Ch. 61, par. 2.34)



9 Sec. 2.34. Dog Trials. 

10 (a) Dogs of any breed may be trained the year round in 
11accordance with the
provisions of this Act.

12 (b) During the periods of time when it is unlawful to take 
13species protected
by this Act, the only firearms which shall 
14be used in the training of
dogs from sunrise to sunset shall be 
15pistols with blank cartridges. No
other gun or ammunition may 
16be in immediate possession during this time.
No person or 
17persons in, along with, or accompanying the dog training

18party, shall be in possession of any firearm or live 
19ammunition, except
pistols capable of firing only blank 
20cartridges during the hours from
sunset to sunrise. All 
21organized field trials or training grounds approved by
the 
22Department shall be exempt from this provision unless in 
23accordance with the Firearm Concealed Carry Act.

24 (c) No field trial shall be held without a permit from the

25Department.

 
 
10200HB0562sam001- 152 -LRB102 02734 RLC 27377 a


1 The following Department areas shall be designated as 
2horseback field
trial sites; Lee County Conservation Area, Des 
3Plaines Conservation Area,
Moraine View State Park, Middle 
4Fork Fish and Wildlife Area, Hamilton
County Conservation 
5Area, and Wayne Fitzgerrell State Park. The Department
shall 
6provide and maintain quality wildlife habitat on these sites.

7 Field trials shall be scheduled only from September 1 
8through April 30
in the Northern Zone and September 1 through 
9April 15 in the Southern Zone.
The Department maintains the 
10authority to schedule and administer field
trials. The 
11boundary between the Northern Zone and the Southern
Zone shall 
12be U.S. Route 36. However, (i) if the opening date of the field

13trial season falls on Sunday, the season will begin on 
14Saturday of that
weekend; and (ii) if the closing date of the 
15field trial season falls on
Saturday, the season will conclude 
16on Sunday of that weekend; and (iii) if
during the final days 
17of the field trial season a field trial organization
begins a 
18field trial which is subsequently interrupted due to inclement

19weather, the field trial organization may complete the trial, 
20subject to the
Department's approval, even though the field 
21trial season has ended. The field
trial organization must 
22complete the trial on the first possible day or days.
Field 
23trials for the retrieving breeds are exempt from these field 
24trials
season provisions and shall have no closed season.

25 The fee for field trials shall be established by the 
26Department by rule.

 
 
10200HB0562sam001- 153 -LRB102 02734 RLC 27377 a


1 (d) The Department is authorized to designate dog training

2areas and to grant permits for all field trials including 
3those field
trials where game birds reared under Section 3.23 
4are released and taken
in accordance with the rules and 
5regulations set forth by the
Department. Applications for 
6permits for such trials and training areas
shall be 
7accompanied by detailed information as to the date and the 
8location of
the grounds where such trial area or training 
9grounds is located. Applicants
for field trial or dog training 
10permits must have the consent of the
landowner prior to 
11applying for such permit. Fees and other regulations
will be 
12set by administrative rule.

13 (e) All permits for designated dog training areas shall 
14expire March 31st of
each year.

15 (f) Permit holders for designated dog training areas must 
16possess a wild
game breeder's permit or a game breeding and 
17hunting preserve area permit and
may utilize live bird recall 
18devices on such areas.

19 (g) Nothing shall prevent an individual from using a dog 
20in the taking of
squirrel during the open season.

21 (h) All hand reared game released and shot at field trials 
22shall
be properly identified with tags as provided for by this 
23Act and such
birds shall be banded before they are removed from 
24the field trial area.

25(Source: P.A. 86-920; 87-1051.)


 
 
10200HB0562sam001- 154 -LRB102 02734 RLC 27377 a


1 Section 30. The Criminal Code of 2012 is amended by 
2changing Sections 24-3 and 24-8 as follows:



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


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

5 (A) A person commits the offense of unlawful sale or 
6delivery of firearms when he
or she knowingly does any of the 
7following:

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

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

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

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

18  (e) Sells or gives any firearm to any person who has 
19 been a patient in a
mental institution within the past 5 
20 years. In this subsection (e):
21   "Mental institution" means any hospital, 
22 institution, clinic, evaluation facility, mental 
23 health center, or part thereof, which is used 
24 primarily for the care or treatment of persons with 
25 mental illness. 
 
 
10200HB0562sam001- 155 -LRB102 02734 RLC 27377 a


1   "Patient in a mental institution" means the person 
2 was admitted, either voluntarily or involuntarily, to 
3 a mental institution for mental health treatment, 
4 unless the treatment was voluntary and solely for an 
5 alcohol abuse disorder and no other secondary 
6 substance abuse disorder or mental illness.

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

9  (g) Delivers any firearm, incidental to a sale, 
10 without withholding delivery of the firearm
for at least 
11 72 hours after application for its purchase has been made, 
12 or
delivers a stun gun or taser, incidental to a sale,

13 without withholding delivery of the stun gun or taser for

14 at least 24 hours after application for its purchase has 
15 been made.
However,
this paragraph (g) does not apply to: 
16 (1) the sale of a firearm
to a law enforcement officer if 
17 the seller of the firearm knows that the person to whom he 
18 or she is selling the firearm is a law enforcement officer 
19 or the sale of a firearm to a person who desires to 
20 purchase a firearm for
use in promoting the public 
21 interest incident to his or her employment as a
bank 
22 guard, armed truck guard, or other similar employment; (2) 
23 a mail
order sale of a firearm from a federally licensed 
24 firearms dealer to a nonresident of Illinois under which 
25 the firearm
is mailed to a federally licensed firearms 
26 dealer outside the boundaries of Illinois; (3) (blank); 
 
 
10200HB0562sam001- 156 -LRB102 02734 RLC 27377 a


1 (4) the sale of a
firearm to a dealer licensed as a federal 
2 firearms dealer under Section 923
of the federal Gun 
3 Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or 
4 sale of any rifle, shotgun, or other long gun to a resident 
5 registered competitor or attendee or non-resident 
6 registered competitor or attendee by any dealer licensed 
7 as a federal firearms dealer under Section 923 of the 
8 federal Gun Control Act of 1968 at competitive shooting 
9 events held at the World Shooting Complex sanctioned by a 
10 national governing body. For purposes of transfers or 
11 sales under subparagraph (5) of this paragraph (g), the 
12 Department of Natural Resources shall give notice to the 
13 Department of State Police at least 30 calendar days prior 
14 to any competitive shooting events at the World Shooting 
15 Complex sanctioned by a national governing body. The 
16 notification shall be made on a form prescribed by the 
17 Department of State Police. The sanctioning body shall 
18 provide a list of all registered competitors and attendees 
19 at least 24 hours before the events to the Department of 
20 State Police. Any changes to the list of registered 
21 competitors and attendees shall be forwarded to the 
22 Department of State Police as soon as practicable. The 
23 Department of State Police must destroy the list of 
24 registered competitors and attendees no later than 30 days 
25 after the date of the event. Nothing in this paragraph (g) 
26 relieves a federally licensed firearm dealer from the 
 
 
10200HB0562sam001- 157 -LRB102 02734 RLC 27377 a


1 requirements of conducting a NICS background check through 
2 the Illinois Point of Contact under 18 U.S.C. 922(t). For 
3 purposes of this paragraph (g), "application" means when 
4 the buyer and seller reach an agreement to purchase a 
5 firearm.
For purposes of this paragraph (g), "national 
6 governing body" means a group of persons who adopt rules 
7 and formulate policy on behalf of a national firearm 
8 sporting organization. 

9  (h) While holding any license
as a dealer,
importer, 
10 manufacturer or pawnbroker
under the federal Gun Control 
11 Act of 1968,
manufactures, sells or delivers to any 
12 unlicensed person a handgun having
a barrel, slide, frame 
13 or receiver which is a die casting of zinc alloy or
any 
14 other nonhomogeneous metal which will melt or deform at a 
15 temperature
of less than 800 degrees Fahrenheit. For 
16 purposes of this paragraph, (1)
"firearm" is defined as in 
17 the Firearm Owners Identification Card Act; and (2)

18 "handgun" is defined as a firearm designed to be held
and 
19 fired by the use of a single hand, and includes a 
20 combination of parts from
which such a firearm can be 
21 assembled.

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

25  (j) Sells or gives a firearm while engaged in the 
26 business of selling
firearms at wholesale or retail 
 
 
10200HB0562sam001- 158 -LRB102 02734 RLC 27377 a


1 without being licensed as a federal firearms
dealer under 
2 Section 923 of the federal Gun Control Act of 1968 (18 
3 U.S.C.
923). In this paragraph (j):

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

7 principal objective of livelihood and profit, but does not 
8 include a person who
makes occasional repairs of firearms 
9 or who occasionally fits special barrels,
stocks, or 
10 trigger mechanisms to firearms.

11  "With the principal objective of livelihood and 
12 profit" means that the
intent
underlying the sale or 
13 disposition of firearms is predominantly one of
obtaining 
14 livelihood and pecuniary gain, as opposed to other 
15 intents, such as
improving or liquidating a personal 
16 firearms collection; however, proof of
profit shall not be 
17 required as to a person who engages in the regular and

18 repetitive purchase and disposition of firearms for 
19 criminal purposes or
terrorism.

20  (k) Sells or transfers ownership of a firearm to a 
21 person who does not display to the seller or transferor of 
22 the firearm either: (1) a currently valid Firearm Owner's 
23 Identification Card that has previously been issued in the 
24 transferee's name by the Department of State Police under 
25 the provisions of the Firearm Owners Identification Card 
26 Act; or (2) a currently valid license to carry a concealed 
 
 
10200HB0562sam001- 159 -LRB102 02734 RLC 27377 a


1 firearm that has previously been issued in the 
2 transferee's name by the
Department of State Police under 
3 the Firearm Concealed Carry Act. This paragraph (k) does 
4 not apply to the transfer of a firearm to a person who is 
5 exempt from the requirement of possessing a Firearm 
6 Owner's Identification Card under Section 2 of the Firearm 
7 Owners Identification Card Act. For the purposes of this 
8 Section, a currently valid Firearm Owner's Identification 
9 Card or license to carry a concealed firearm means receipt 
10 of (i) a Firearm Owner's Identification Card that has not 
11 expired or (ii) an approval number issued in accordance 
12 with subsection (a-10) of subsection 3 or Section 3.1 of 
13 the Firearm Owners Identification Card Act shall be proof 
14 that the Firearm Owner's Identification Card was valid.
15   (1) In addition to the other requirements of this 
16 paragraph (k), all persons who are not federally 
17 licensed firearms dealers must also have complied with 
18 subsection (a-10) of Section 3 of the Firearm Owners 
19 Identification Card Act by determining the validity of 
20 a purchaser's Firearm Owner's Identification Card.
21   (2) All sellers or transferors who have complied 
22 with the requirements of subparagraph (1) of this 
23 paragraph (k) shall not be liable for damages in any 
24 civil action arising from the use or misuse by the 
25 transferee of the firearm transferred, except for 
26 willful or wanton misconduct on the part of the seller 
 
 
10200HB0562sam001- 160 -LRB102 02734 RLC 27377 a


1 or transferor. 
2  (l) Not
being entitled to the possession of a firearm, 
3 delivers the
firearm, knowing it to have been stolen or 
4 converted. It may be inferred that
a person who possesses 
5 a firearm with knowledge that its serial number has
been 
6 removed or altered has knowledge that the firearm is 
7 stolen or converted. 
8 (B) Paragraph (h) of subsection (A) does not include 
9firearms sold within 6
months after enactment of Public
Act 
1078-355 (approved August 21, 1973, effective October 1, 1973), 
11nor is any
firearm legally owned or
possessed by any citizen or 
12purchased by any citizen within 6 months after the
enactment 
13of Public Act 78-355 subject
to confiscation or seizure under 
14the provisions of that Public Act. Nothing in
Public Act 
1578-355 shall be construed to prohibit the gift or trade of
any 
16firearm if that firearm was legally held or acquired within 6 
17months after
the enactment of that Public Act.

18 (C) Sentence.

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

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

25  (3) Any person convicted of unlawful sale or delivery 
26 of firearms in violation of
paragraph (a) of subsection 
 
 
10200HB0562sam001- 161 -LRB102 02734 RLC 27377 a


1 (A) commits a Class 2 felony.

2  (4) Any person convicted of unlawful sale or delivery 
3 of firearms in violation of
paragraph (a), (b), or (i) of 
4 subsection (A) in any school, on the real
property 
5 comprising a school, within 1,000 feet of the real 
6 property comprising
a school, at a school related 
7 activity, or on or within 1,000 feet of any
conveyance 
8 owned, leased, or contracted by a school or school 
9 district to
transport students to or from school or a 
10 school related activity,
regardless of the time of day or 
11 time of year at which the offense
was committed, commits a 
12 Class 1 felony. Any person convicted of a second
or 
13 subsequent violation of unlawful sale or delivery of 
14 firearms in violation of paragraph
(a), (b), or (i) of 
15 subsection (A) in any school, on the real property

16 comprising a school, within 1,000 feet of the real 
17 property comprising a
school, at a school related 
18 activity, or on or within 1,000 feet of any
conveyance 
19 owned, leased, or contracted by a school or school 
20 district to
transport students to or from school or a 
21 school related activity,
regardless of the time of day or 
22 time of year at which the offense
was committed, commits a 
23 Class 1 felony for which the sentence shall be a
term of 
24 imprisonment of no less than 5 years and no more than 15 
25 years.

26  (5) Any person convicted of unlawful sale or delivery 
 
 
10200HB0562sam001- 162 -LRB102 02734 RLC 27377 a


1 of firearms in violation of
paragraph (a) or (i) of 
2 subsection (A) in residential property owned,
operated, or 
3 managed by a public housing agency or leased by a public 
4 housing
agency as part of a scattered site or mixed-income 
5 development, in a public
park, in a
courthouse, on 
6 residential property owned, operated, or managed by a 
7 public
housing agency or leased by a public housing agency 
8 as part of a scattered site
or mixed-income development, 
9 on the real property comprising any public park,
on the 
10 real
property comprising any courthouse, or on any public 
11 way within 1,000 feet
of the real property comprising any 
12 public park, courthouse, or residential
property owned, 
13 operated, or managed by a public housing agency or leased 
14 by a
public housing agency as part of a scattered site or 
15 mixed-income development
commits a
Class 2 felony.

16  (6) Any person convicted of unlawful sale or delivery 
17 of firearms in violation of
paragraph (j) of subsection 
18 (A) commits a Class A misdemeanor. A second or
subsequent 
19 violation is a Class 4 felony.
20  (7) Any person convicted of unlawful sale or delivery 
21 of firearms in violation of paragraph (k) of subsection 
22 (A) commits a Class 4 felony, except that a violation of 
23 subparagraph (1) of paragraph (k) of subsection (A) shall 
24 not be punishable as a crime or petty offense. A third or 
25 subsequent conviction for a violation of paragraph (k) of 
26 subsection (A) is a Class 1 felony.


 
 
10200HB0562sam001- 163 -LRB102 02734 RLC 27377 a


1  (8) A person 18 years of age or older convicted of 
2 unlawful sale or delivery of firearms in violation of 
3 paragraph (a) or (i) of subsection (A), when the firearm 
4 that was sold or given to another person under 18 years of 
5 age was used in the commission of or attempt to commit a 
6 forcible felony, shall be fined or imprisoned, or both, 
7 not to exceed the maximum provided for the most serious 
8 forcible felony so committed or attempted by the person 
9 under 18 years of age who was sold or given the firearm. 
10  (9) Any person convicted of unlawful sale or delivery 
11 of firearms in violation of
paragraph (d) of subsection 
12 (A) commits a Class 3 felony.
13  (10) Any person convicted of unlawful sale or delivery 
14 of firearms in violation of paragraph (l) of subsection 
15 (A) commits a Class 2 felony if the delivery is of one 
16 firearm. Any person convicted of unlawful sale or delivery 
17 of firearms in violation of paragraph (l) of subsection 
18 (A) commits a Class 1 felony if the delivery is of not less 
19 than 2 and not more than 5 firearms at the
same time or 
20 within a one year period. Any person convicted of unlawful 
21 sale or delivery of firearms in violation of paragraph (l) 
22 of subsection (A) commits a Class X felony for which he or 
23 she shall be sentenced
to a term of imprisonment of not 
24 less than 6 years and not more than 30
years if the 
25 delivery is of not less than 6 and not more than 10 
26 firearms at the
same time or within a 2 year period. Any 
 
 
10200HB0562sam001- 164 -LRB102 02734 RLC 27377 a


1 person convicted of unlawful sale or delivery of firearms 
2 in violation of paragraph (l) of subsection (A) commits a 
3 Class X felony for which he or she shall be sentenced
to a 
4 term of imprisonment of not less than 6 years and not more 
5 than 40
years if the delivery is of not less than 11 and 
6 not more than 20 firearms at the
same time or within a 3 
7 year period. Any person convicted of unlawful sale or 
8 delivery of firearms in violation of paragraph (l) of 
9 subsection (A) commits a Class X felony for which he or she 
10 shall be sentenced
to a term of imprisonment of not less 
11 than 6 years and not more than 50
years if the delivery is 
12 of not less than 21 and not more than 30 firearms at the

13 same time or within a 4 year period. Any person convicted 
14 of unlawful sale or delivery of firearms in violation of 
15 paragraph (l) of subsection (A) commits a Class X felony 
16 for which he or she shall be sentenced
to a term of 
17 imprisonment of not less than 6 years and not more than 60

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

21 "School" means a public or private elementary or secondary 
22school,
community college, college, or university.

23 "School related activity" means any sporting, social, 
24academic, or
other activity for which students' attendance or 
25participation is sponsored,
organized, or funded in whole or 
26in part by a school or school district.

 
 
10200HB0562sam001- 165 -LRB102 02734 RLC 27377 a


1 (E) A prosecution for a violation of paragraph (k) of 
2subsection (A) of this Section may be commenced within 6 years 
3after the commission of the offense. A prosecution for a 
4violation of this Section other than paragraph (g) of 
5subsection (A) of this Section may be commenced within 5 years 
6after the commission of the offense defined in the particular 
7paragraph.

8(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; 
999-642, eff. 7-28-16; 100-606, eff. 1-1-19.)





10 (720 ILCS 5/24-8)



11 Sec. 24-8. Firearm evidence tracing. 

12 (a) Upon recovering a firearm from the possession
of 
13anyone who is not permitted by federal or State
law
to possess 
14a firearm, a local law enforcement agency shall
use the best 
15available information, including a firearms trace when 
16necessary,
to determine how and from whom the person gained

17possession of the firearm.
Upon recovering a firearm that was 
18used in the commission of any offense
classified as a felony or 
19upon recovering a firearm that appears to have been
lost, 
20mislaid,
stolen, or
otherwise unclaimed, a local law 
21enforcement agency shall use the best
available
information, 
22including a firearms trace when necessary, to determine prior

23ownership of
the firearm.

24 (b) Law Local law enforcement shall, when appropriate, use 
25the National
Tracing Center of the
Federal
Bureau of Alcohol, 
 
 
10200HB0562sam001- 166 -LRB102 02734 RLC 27377 a


1Tobacco and Firearms and the National Crime Information Center 
2of the Federal Bureau of Investigation in complying with 
3subsection (a) of
this Section.

4 (c) Law Local law enforcement agencies shall use the 
5Illinois Department of
State Police Law Enforcement Agencies 
6Data System (LEADS) Gun File to enter all
stolen, seized, or 
7recovered firearms as prescribed by LEADS regulations and

8policies.
9 (d) Whenever a law enforcement agency recovers a fired 
10cartridge case at a crime scene or has reason to believe that 
11the recovered fired cartridge case is related to or associated 
12with the commission of a crime, the law enforcement agency 
13shall submit the evidence to the National Integrated 
14Ballistics Information Network (NIBIN) or an Illinois State 
15Police laboratory for NIBIN processing. Whenever a law 
16enforcement agency seizes or recovers a semiautomatic firearm 
17that is deemed suitable to be entered into the NIBIN that was: 
18(i) unlawfully possessed, (ii) used for any unlawful purpose, 
19(iii) recovered from the scene of a crime, (iv) is reasonably 
20believed to have been used or associated with the commission 
21of a crime, or (v) is acquired by the law enforcement agency as 
22an abandoned or discarded firearm, the law enforcement agency 
23shall submit the evidence to the NIBIN or an Illinois State 
24Police laboratory for NIBIN processing.
When practicable, all 
25NIBIN-suitable evidence and NIBIN-suitable test fires from 
26recovered firearms shall be entered into the NIBIN within 2 
 
 
10200HB0562sam001- 167 -LRB102 02734 RLC 27377 a


1business days of submission to Illinois State Police 
2laboratories that have NIBIN access or another NIBIN site. 
3Exceptions to this may occur if the evidence in question 
4requires analysis by other forensic disciplines. The Illinois 
5State Police laboratory, submitting agency, and relevant court 
6representatives shall determine whether the request for 
7additional analysis outweighs the 2 business-day requirement.

8Illinois State Police laboratories that do not have NIBIN 
9access shall submit NIBIN-suitable evidence and test fires to 
10an Illinois State Police laboratory with NIBIN access. Upon 
11receipt at the laboratory with NIBIN access, when practicable, 
12the evidence and test fires shall be entered into the NIBIN 
13within 2 business days. Exceptions to this 2 business-day 
14requirement may occur if the evidence in question requires 
15analysis by other forensic disciplines. The Illinois State 
16Police laboratory, submitting agency, and relevant court 
17representatives shall determine whether the request for 
18additional analysis outweighs the 2 business-day requirement.

19Nothing in this Section shall be interpreted to conflict with 
20standards and policies for NIBIN sites as promulgated by the 
21federal Bureau of Alcohol, Tobacco, Firearms and Explosives or 
22successor agencies. 

23(Source: P.A. 91-364, eff. 1-1-00; 92-300, eff. 1-1-02.)


24 Section 35. The Code of Criminal Procedure of 1963 is 
25amended by changing Section 112A-14 as follows:



 
 
10200HB0562sam001- 168 -LRB102 02734 RLC 27377 a


1 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)


2 Sec. 112A-14. Domestic violence order of protection; 
3remedies. 

4 (a) (Blank).

5 (b) The court may order any of the remedies listed in this 
6subsection (b).
The remedies listed in this subsection (b) 
7shall be in addition to other civil
or criminal remedies 
8available to petitioner.

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

13 occurred or otherwise appears likely to occur if not 
14 prohibited.

15  (2) Grant of exclusive possession of residence. 
16 Prohibit respondent
from entering or remaining in any 
17 residence, household, or premises of the petitioner,

18 including one owned or leased by respondent, if petitioner 
19 has a right
to occupancy thereof. The grant of exclusive 
20 possession of the residence, household, or premises
shall 
21 not affect title to real property, nor shall the court be 
22 limited by
the standard set forth in subsection (c-2) of 
23 Section 501 of the Illinois Marriage and
Dissolution of 
24 Marriage Act.

25   (A) Right to occupancy. A party has a right to 
 
 
10200HB0562sam001- 169 -LRB102 02734 RLC 27377 a


1 occupancy of a
residence or household if it is
solely 
2 or jointly owned or leased by that party, that party's 
3 spouse, a
person with a legal duty to support that 
4 party or a minor child in that
party's care, or by any 
5 person or entity other than the opposing party that

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

9   (B) Presumption of hardships. If petitioner and 
10 respondent
each has the right to occupancy of a 
11 residence or household, the court
shall balance (i) 
12 the hardships to respondent and any minor child or

13 dependent adult in respondent's care resulting from 
14 entry of this remedy with (ii)
the hardships to 
15 petitioner and any minor child or dependent adult in

16 petitioner's care resulting from continued exposure to 
17 the risk of abuse (should
petitioner remain at the 
18 residence or household) or from loss of possession
of 
19 the residence or household (should petitioner leave to 
20 avoid the risk
of abuse). When determining the balance 
21 of hardships, the court shall also
take into account 
22 the accessibility of the residence or household.

23 Hardships need not be balanced if respondent does not 
24 have a right to occupancy.

25   The balance of hardships is presumed to favor 
26 possession by
petitioner unless the presumption is 
 
 
10200HB0562sam001- 170 -LRB102 02734 RLC 27377 a


1 rebutted by a preponderance of the
evidence, showing 
2 that the hardships to respondent substantially 
3 outweigh
the hardships to petitioner and any minor 
4 child or dependent adult in petitioner's
care. The 
5 court, on the request of petitioner or on its own 
6 motion,
may order respondent to provide suitable, 
7 accessible, alternate housing
for petitioner instead 
8 of
excluding respondent from a mutual residence or 
9 household.

10  (3) Stay away order and additional prohibitions.
Order 
11 respondent to stay away from petitioner or any other 
12 person
protected by the domestic violence order of 
13 protection, or prohibit respondent from entering
or 
14 remaining present at petitioner's school, place of 
15 employment, or other
specified places at times when 
16 petitioner is present, or both, if
reasonable, given
the 
17 balance of hardships. Hardships need not be balanced for 
18 the court
to enter a stay away order or prohibit entry
if 
19 respondent has no right to enter the premises.

20   (A) If a domestic violence order of protection 
21 grants petitioner exclusive possession
of the 
22 residence, prohibits respondent from entering the 
23 residence,
or orders respondent to stay away from 
24 petitioner or other
protected persons, then the court 
25 may allow respondent access to the
residence to remove 
26 items of clothing and personal adornment
used 
 
 
10200HB0562sam001- 171 -LRB102 02734 RLC 27377 a


1 exclusively by respondent, medications, and other 
2 items as the court directs.
The right to access shall 
3 be exercised on only one occasion as the court directs

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

6   (B) When the petitioner and the respondent attend 
7 the same public, private, or non-public elementary, 
8 middle, or high school, the court when issuing a 
9 domestic violence order of protection and providing 
10 relief shall consider the severity of the act, any 
11 continuing physical danger or emotional distress to 
12 the petitioner, the educational rights guaranteed to 
13 the petitioner and respondent under federal and State 
14 law, the availability of a transfer of the respondent 
15 to another school, a change of placement or a change of 
16 program of the respondent, the expense, difficulty, 
17 and educational disruption that would be caused by a 
18 transfer of the respondent to another school, and any 
19 other relevant facts of the case. The court may order 
20 that the respondent not attend the public, private, or 
21 non-public elementary, middle, or high school attended 
22 by the petitioner, order that the respondent accept a 
23 change of placement or change of program, as 
24 determined by the school district or private or 
25 non-public school, or place restrictions on the 
26 respondent's movements within the school attended by 
 
 
10200HB0562sam001- 172 -LRB102 02734 RLC 27377 a


1 the petitioner. The respondent bears the burden of 
2 proving by a preponderance of the evidence that a 
3 transfer, change of placement, or change of program of 
4 the respondent is not available. The respondent also 
5 bears the burden of production with respect to the 
6 expense, difficulty, and educational disruption that 
7 would be caused by a transfer of the respondent to 
8 another school. A transfer, change of placement, or 
9 change of program is not unavailable to the respondent 
10 solely on the ground that the respondent does not 
11 agree with the school district's or private or 
12 non-public school's transfer, change of placement, or 
13 change of program or solely on the ground that the 
14 respondent fails or refuses to consent or otherwise 
15 does not take an action required to effectuate a 
16 transfer, change of placement, or change of program. 
17 When a court orders a respondent to stay away from the 
18 public, private, or non-public school attended by the 
19 petitioner and the respondent requests a transfer to 
20 another attendance center within the respondent's 
21 school district or private or non-public school, the 
22 school district or private or non-public school shall 
23 have sole discretion to determine the attendance 
24 center to which the respondent is transferred. If the 
25 court order results in a transfer of the minor 
26 respondent to another attendance center, a change in 
 
 
10200HB0562sam001- 173 -LRB102 02734 RLC 27377 a


1 the respondent's placement, or a change of the 
2 respondent's program, the parents, guardian, or legal 
3 custodian of the respondent is responsible for 
4 transportation and other costs associated with the 
5 transfer or change.
6   (C) The court may order the parents, guardian, or 
7 legal custodian of a minor respondent to take certain 
8 actions or to refrain from taking certain actions to 
9 ensure that the respondent complies with the order. If 
10 the court orders a transfer of the respondent to 
11 another school, the parents, guardian, or legal 
12 custodian of the respondent is responsible for 
13 transportation and other costs associated with the 
14 change of school by the respondent. 
15  (4) Counseling. Require or recommend the respondent to 
16 undergo
counseling for a specified duration with a social 
17 worker, psychologist,
clinical psychologist, 
18 psychiatrist, family service agency, alcohol or
substance 
19 abuse program, mental health center guidance counselor, 
20 agency
providing services to elders, program designed for 
21 domestic violence
abusers, or any other guidance service 
22 the court deems appropriate. The court may order the 
23 respondent in any intimate partner relationship to report 
24 to an Illinois Department of Human Services protocol 
25 approved partner abuse intervention program for an 
26 assessment and to follow all recommended treatment. 

 
 
10200HB0562sam001- 174 -LRB102 02734 RLC 27377 a


1  (5) Physical care and possession of the minor child. 
2 In order to protect
the minor child from abuse, neglect, 
3 or unwarranted separation from the person
who has been the 
4 minor child's primary caretaker, or to otherwise protect 
5 the
well-being of the minor child, the court may do either 
6 or both of the following:
(i) grant petitioner physical 
7 care or possession of the minor child, or both, or
(ii) 
8 order respondent to return a minor child to, or not remove 
9 a minor child
from, the physical care of a parent or person 
10 in loco parentis.

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

16  (6) Temporary allocation of parental responsibilities 
17 and significant decision-making responsibilities.
Award 
18 temporary significant decision-making responsibility to 
19 petitioner in accordance with this Section,
the Illinois 
20 Marriage
and Dissolution of Marriage Act, the Illinois 
21 Parentage Act of 2015,
and this State's Uniform 
22 Child-Custody
Jurisdiction and Enforcement Act. 

23  If the respondent
is charged with abuse (as defined in 
24 Section 112A-3 of this Code) of a
minor child, there shall 
25 be a rebuttable presumption that awarding
temporary 
26 significant decision-making responsibility to respondent 
 
 
10200HB0562sam001- 175 -LRB102 02734 RLC 27377 a


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

2  (7) Parenting time. Determine the parenting time, if 
3 any, of respondent in any case in which the court
awards 
4 physical care or temporary significant decision-making 
5 responsibility of a minor child to
petitioner. The court 
6 shall restrict or deny respondent's parenting time with
a 
7 minor child if
the court finds that respondent has done or 
8 is likely to do any of the
following:
9   (i) abuse or endanger the minor child during 
10 parenting time;
11   (ii) use the parenting time
as an opportunity to 
12 abuse or harass petitioner or
petitioner's family or 
13 household members;
14   (iii) improperly conceal or
detain the minor 
15 child; or
16   (iv) otherwise act in a manner that is not in
the 
17 best interests of the minor child. 
18  The court shall not be limited by the
standards set 
19 forth in Section 603.10 of the Illinois Marriage and

20 Dissolution of Marriage Act. If the court grants parenting 
21 time, the order
shall specify dates and times for the 
22 parenting time to take place or other
specific parameters 
23 or conditions that are appropriate. No order for parenting 
24 time
shall refer merely to the term "reasonable parenting 
25 time". Petitioner may deny respondent access to the minor 
26 child if, when
respondent arrives for parenting time, 
 
 
10200HB0562sam001- 176 -LRB102 02734 RLC 27377 a


1 respondent is under the influence of drugs
or alcohol and 
2 constitutes a threat to the safety and well-being of

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

7 petitioner's residence to meet the minor child for 
8 parenting time, and the petitioner and respondent
shall 
9 submit to the court their recommendations for reasonable

10 alternative arrangements for parenting time. A person may 
11 be approved to
supervise parenting time only after filing 
12 an affidavit accepting
that responsibility and 
13 acknowledging accountability to the court.

14  (8) Removal or concealment of minor child.
Prohibit 
15 respondent from
removing a minor child from the State or 
16 concealing the child within the
State.

17  (9) Order to appear. Order the respondent to
appear in 
18 court, alone
or with a minor child, to prevent abuse, 
19 neglect, removal or concealment of
the child, to return 
20 the child to the custody or care of the petitioner, or
to 
21 permit any court-ordered interview or examination of the 
22 child or the
respondent.

23  (10) Possession of personal property. Grant petitioner 
24 exclusive
possession of personal property and, if 
25 respondent has possession or
control, direct respondent to 
26 promptly make it available to petitioner, if:

 
 
10200HB0562sam001- 177 -LRB102 02734 RLC 27377 a


1   (i) petitioner, but not respondent, owns the 
2 property; or

3   (ii) the petitioner and respondent own the 
4 property jointly; sharing it would risk
abuse of 
5 petitioner by respondent or is impracticable; and the 
6 balance of
hardships favors temporary possession by 
7 petitioner.

8  If petitioner's sole claim to ownership of the 
9 property is that it is
marital property, the court may 
10 award petitioner temporary possession
thereof under the 
11 standards of subparagraph (ii) of this paragraph only if
a 
12 proper proceeding has been filed under the Illinois 
13 Marriage and
Dissolution of Marriage Act, as now or 
14 hereafter amended.

15  No order under this provision shall affect title to 
16 property.

17  (11) Protection of property. Forbid the respondent 
18 from taking,
transferring, encumbering, concealing, 
19 damaging, or otherwise disposing of
any real or personal 
20 property, except as explicitly authorized by the
court, 
21 if:

22   (i) petitioner, but not respondent, owns the 
23 property; or

24   (ii) the petitioner and respondent own the 
25 property jointly,
and the balance of hardships favors 
26 granting this remedy.

 
 
10200HB0562sam001- 178 -LRB102 02734 RLC 27377 a


1  If petitioner's sole claim to ownership of the 
2 property is that it is
marital property, the court may 
3 grant petitioner relief under subparagraph
(ii) of this 
4 paragraph only if a proper proceeding has been filed under 
5 the
Illinois Marriage and Dissolution of Marriage Act, as 
6 now or hereafter amended.

7  The court may further prohibit respondent from 
8 improperly using the
financial or other resources of an 
9 aged member of the family or household
for the profit or 
10 advantage of respondent or of any other person.

11  (11.5) Protection of animals. Grant the petitioner the 
12 exclusive care, custody, or control of any animal owned, 
13 possessed, leased, kept, or held by either the petitioner 
14 or the respondent or a minor child residing in the 
15 residence or household of either the petitioner or the 
16 respondent and order the respondent to stay away from the 
17 animal and forbid the respondent from taking, 
18 transferring, encumbering, concealing, harming, or 
19 otherwise disposing of the animal.

20  (12) Order for payment of support. Order
respondent to 
21 pay temporary
support for the petitioner or any child in 
22 the petitioner's care or over whom the petitioner has been 
23 allocated parental responsibility, when the respondent has 
24 a legal obligation to support that person,
in accordance 
25 with the Illinois Marriage and Dissolution
of Marriage 
26 Act, which shall govern, among other matters, the amount 
 
 
10200HB0562sam001- 179 -LRB102 02734 RLC 27377 a


1 of
support, payment through the clerk and withholding of 
2 income to secure
payment. An order for child support may 
3 be granted to a petitioner with
lawful physical care of a 
4 child, or an order or agreement for
physical care of a 
5 child, prior to entry of an order allocating significant 
6 decision-making responsibility.
Such a support order shall 
7 expire upon entry of a valid order allocating parental 
8 responsibility differently and vacating petitioner's 
9 significant decision-making responsibility unless 
10 otherwise provided in the order.

11  (13) Order for payment of losses. Order
respondent to 
12 pay petitioner
for losses suffered as a direct result of 
13 the abuse. Such losses shall
include, but not be limited 
14 to, medical expenses, lost earnings or other
support, 
15 repair or replacement of property damaged or taken, 
16 reasonable
attorney's fees, court costs, and moving or 
17 other travel expenses, including
additional reasonable 
18 expenses for temporary shelter and restaurant meals.

19   (i) Losses affecting family needs. If a party is 
20 entitled to seek
maintenance, child support, or 
21 property distribution from the other party
under the 
22 Illinois Marriage and Dissolution of Marriage Act, as 
23 now or
hereafter amended, the court may order 
24 respondent to reimburse petitioner's
actual losses, to 
25 the extent that such reimbursement would be 
26 "appropriate
temporary relief", as authorized by 
 
 
10200HB0562sam001- 180 -LRB102 02734 RLC 27377 a


1 subsection (a)(3) of
Section 501 of that Act.

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

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

8 investigator fees, and travel costs.

9  (14) Prohibition of entry. Prohibit the respondent 
10 from entering or
remaining in the residence or household 
11 while the respondent is under the
influence of alcohol or 
12 drugs and constitutes a threat to the safety and

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

14  (14.5) Prohibition of firearm possession. 
15   (A) A person who is subject to an existing 
16 domestic violence order of protection issued under 
17 this Code may not lawfully possess weapons or a 
18 Firearm Owner's Identification Card under Section 8.2 
19 of the Firearm Owners Identification Card Act.
20   (B) Any firearms in the
possession of the 
21 respondent, except as provided in subparagraph (C) of 
22 this paragraph (14.5), shall be ordered by the court 
23 to be turned
over to a person with a valid Firearm 
24 Owner's Identification Card for safekeeping. The court 
25 shall issue an order that the respondent comply with 
26 Section 9.5 of the Firearm Owners Identification Card 
 
 
10200HB0562sam001- 181 -LRB102 02734 RLC 27377 a


1 Act. the respondent's Firearm Owner's Identification 
2 Card be turned over to the local law enforcement 
3 agency, which in turn shall immediately mail the card 
4 to the Department of State Police Firearm Owner's 
5 Identification Card Office for safekeeping.
The period 
6 of safekeeping shall be for the duration of the 
7 domestic violence order of protection. The firearm or 
8 firearms and Firearm Owner's Identification Card, if 
9 unexpired, shall at the respondent's request be 
10 returned to the respondent at expiration of the 
11 domestic violence order of protection.

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

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

16 peace officer be surrendered to
the chief law 
17 enforcement executive of the agency in which the 
18 respondent is
employed, who shall retain the firearms 
19 for safekeeping for the duration of the domestic 
20 violence order of protection.

21   (D) Upon expiration of the period of safekeeping, 
22 if the firearms or Firearm Owner's Identification Card 
23 cannot be returned to respondent because respondent 
24 cannot be located, fails to respond to requests to 
25 retrieve the firearms, or is not lawfully eligible to 
26 possess a firearm, upon petition from the local law 
 
 
10200HB0562sam001- 182 -LRB102 02734 RLC 27377 a


1 enforcement agency, the court may order the local law 
2 enforcement agency to destroy the firearms, use the 
3 firearms for training purposes, or for any other 
4 application as deemed appropriate by the local law 
5 enforcement agency; or that the firearms be turned 
6 over to a third party who is lawfully eligible to 
7 possess firearms, and who does not reside with 
8 respondent. 
9  (15) Prohibition of access to records. If a domestic 
10 violence order of protection
prohibits respondent from 
11 having contact with the minor child,
or if petitioner's 
12 address is omitted under subsection (b) of
Section 112A-5 
13 of this Code, or if necessary to prevent abuse or wrongful 
14 removal or
concealment of a minor child, the order shall 
15 deny respondent access to, and
prohibit respondent from 
16 inspecting, obtaining, or attempting to
inspect or obtain, 
17 school or any other records of the minor child
who is in 
18 the care of petitioner.

19  (16) Order for payment of shelter services. Order 
20 respondent to
reimburse a shelter providing temporary 
21 housing and counseling services to
the petitioner for the 
22 cost of the services, as certified by the shelter
and 
23 deemed reasonable by the court.

24  (17) Order for injunctive relief. Enter injunctive 
25 relief necessary
or appropriate to prevent further abuse 
26 of a family or household member or
to effectuate one of the 
 
 
10200HB0562sam001- 183 -LRB102 02734 RLC 27377 a


1 granted remedies, if supported by the balance of

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

7  (18) Telephone services.
8   (A) Unless a condition described in subparagraph 
9 (B) of this paragraph exists, the court may, upon 
10 request by the petitioner, order a wireless telephone 
11 service provider to transfer to the petitioner the 
12 right to continue to use a telephone number or numbers 
13 indicated by the petitioner and the financial 
14 responsibility associated with the number or numbers, 
15 as set forth in subparagraph (C) of this paragraph. In 
16 this paragraph (18), the term "wireless telephone 
17 service provider" means a provider of commercial 
18 mobile service as defined in 47 U.S.C. 332. The 
19 petitioner may request the transfer of each telephone 
20 number that the petitioner, or a minor child in his or 
21 her custody, uses. The clerk of the court shall serve 
22 the order on the wireless telephone service provider's 
23 agent for service of process provided to the Illinois 
24 Commerce Commission. The order shall contain all of 
25 the following: 
26    (i) The name and billing telephone number of 
 
 
10200HB0562sam001- 184 -LRB102 02734 RLC 27377 a


1 the account holder including the name of the 
2 wireless telephone service provider that serves 
3 the account.
4    (ii) Each telephone number that will be 
5 transferred.
6    (iii) A statement that the provider transfers 
7 to the petitioner all financial responsibility for 
8 and right to the use of any telephone number 
9 transferred under this paragraph.
10   (B) A wireless telephone service provider shall 
11 terminate the respondent's use of, and shall transfer 
12 to the petitioner use of, the telephone number or 
13 numbers indicated in subparagraph (A) of this 
14 paragraph unless it notifies the petitioner, within 72 
15 hours after it receives the order, that one of the 
16 following applies:
17    (i) The account holder named in the order has 
18 terminated the account.
19    (ii) A difference in network technology would 
20 prevent or impair the functionality of a device on 
21 a network if the transfer occurs.
22    (iii) The transfer would cause a geographic or 
23 other limitation on network or service provision 
24 to the petitioner.
25    (iv) Another technological or operational 
26 issue would prevent or impair the use of the 
 
 
10200HB0562sam001- 185 -LRB102 02734 RLC 27377 a


1 telephone number if the transfer occurs.
2   (C) The petitioner assumes all financial 
3 responsibility for and right to the use of any 
4 telephone number transferred under this paragraph. In 
5 this paragraph, "financial responsibility" includes 
6 monthly service costs and costs associated with any 
7 mobile device associated with the number.
8   (D) A wireless telephone service provider may 
9 apply to the petitioner its routine and customary 
10 requirements for establishing an account or 
11 transferring a number, including requiring the 
12 petitioner to provide proof of identification, 
13 financial information, and customer preferences.

14   (E) Except for willful or wanton misconduct, a 
15 wireless telephone service provider is immune from 
16 civil liability for its actions taken in compliance 
17 with a court order issued under this paragraph.
18   (F) All wireless service providers that provide 
19 services to residential customers shall provide to the 
20 Illinois Commerce Commission the name and address of 
21 an agent for service of orders entered under this 
22 paragraph (18). Any change in status of the registered 
23 agent must be reported to the Illinois Commerce 
24 Commission within 30 days of such change. 
25   (G) The Illinois Commerce Commission shall 
26 maintain the list of registered agents for service for 
 
 
10200HB0562sam001- 186 -LRB102 02734 RLC 27377 a


1 each wireless telephone service provider on the 
2 Commission's website. The Commission may consult with 
3 wireless telephone service providers and the Circuit 
4 Court Clerks on the manner in which this information 
5 is provided and displayed. 
6 (c) Relevant factors; findings.

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

10 following:

11   (i) the nature, frequency, severity, pattern, and 
12 consequences of the
respondent's past abuse of the 
13 petitioner or any family or household
member, 
14 including the concealment of his or her location in 
15 order to evade
service of process or notice, and the 
16 likelihood of danger of future abuse to
petitioner or

17 any member of petitioner's or respondent's family or 
18 household; and

19   (ii) the danger that any minor child will be 
20 abused or neglected or
improperly relocated from the 
21 jurisdiction, improperly concealed within the
State, 
22 or improperly separated from the child's primary 
23 caretaker.

24  (2) In comparing relative hardships resulting to the 
25 parties from loss
of possession of the family home, the 
26 court shall consider relevant
factors, including, but not 
 
 
10200HB0562sam001- 187 -LRB102 02734 RLC 27377 a


1 limited to, the following:

2   (i) availability, accessibility, cost, safety, 
3 adequacy, location, and other
characteristics of 
4 alternate housing for each party and any minor child 
5 or
dependent adult in the party's care;

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

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

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

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

17   (ii) Whether the conduct or actions of respondent, 
18 unless
prohibited, will likely cause irreparable harm 
19 or continued abuse.

20   (iii) Whether it is necessary to grant the 
21 requested relief in order
to protect petitioner or 
22 other alleged abused persons.

23  (4) (Blank).

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

 
 
10200HB0562sam001- 188 -LRB102 02734 RLC 27377 a


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

22 (d) Balance of hardships; findings. If the court finds 
23that the balance
of hardships does not support the granting of 
24a remedy governed by
paragraph (2), (3), (10), (11), or (16) of

25subsection (b) of this Section,
which may require such 
26balancing, the court's findings shall so
indicate and shall 
 
 
10200HB0562sam001- 189 -LRB102 02734 RLC 27377 a


1include a finding as to whether granting the remedy will

2result in hardship to respondent that would substantially 
3outweigh the hardship
to petitioner
from denial of the remedy. 
4The findings shall be an official record or in
writing.

5 (e) Denial of remedies. Denial of any remedy shall not be 
6based, in
whole or in part, on evidence that:

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

10  (2) respondent was voluntarily intoxicated;

11  (3) petitioner acted in self-defense or defense of 
12 another, provided
that, if petitioner utilized force, such 
13 force was justifiable under
Article 7 of the Criminal Code 
14 of 2012; 

15  (4) petitioner did not act in self-defense or defense 
16 of another;

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

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

21  (7) conduct by any family or household member excused 
22 the abuse by
respondent, unless that same conduct would 
23 have excused such abuse if the
parties had not been family 
24 or household members.

25(Source: P.A. 100-199, eff. 1-1-18; 100-388, eff. 1-1-18; 
26100-597, eff. 6-29-18; 100-863, eff. 8-14-18; 100-923, eff. 
 
 
10200HB0562sam001- 190 -LRB102 02734 RLC 27377 a


11-1-19; 101-81, eff. 7-12-19.)



2 Section 40. The Unified Code of Corrections is amended by 
3changing Section 5-4-3a as follows:

4 (730 ILCS 5/5-4-3a)
5 Sec. 5-4-3a. DNA testing backlog accountability.
6 (a) On or before August 1 of each year, the Department of 
7State Police shall report to the Governor and both houses of 
8the General Assembly the following information:
9  (1) the extent of the backlog of cases awaiting 
10 testing or awaiting DNA analysis by that Department, 
11 including but not limited to those tests conducted under 
12 Section 5-4-3, as of June 30 of the previous fiscal year, 
13 with the backlog being defined as all cases awaiting 
14 forensic testing whether in the physical custody of the 
15 State Police or in the physical custody of local law 
16 enforcement, provided that the State Police have written 
17 notice of any evidence in the physical custody of local 
18 law enforcement prior to June 1 of that year; and
19  (2) what measures have been and are being taken to 
20 reduce that backlog and the estimated costs or 
21 expenditures in doing so. 
22 (b) The information reported under this Section shall be 
23made available to the public, at the time it is reported, on 
24the official web site of the Department of State Police.

 
 
10200HB0562sam001- 191 -LRB102 02734 RLC 27377 a


1 (c) Beginning January 1, 2016, the Department of State 
2Police shall quarterly report on the status of the processing 
3of forensic biology and DNA evidence submitted to the 
4Department of State Police Laboratory for analysis. The report 
5shall be submitted to the Governor and the General Assembly, 
6and shall be posted on the Department of State Police website. 
7The report shall include the following for each State Police 
8Laboratory location and any laboratory to which the Department 
9of State Police has outsourced evidence for testing:
10  (1) For forensic biology submissions, report both 
11 total case and sexual assault or abuse case (as defined by 
12 the Sexual Assault Evidence Submission Act) figures for:
13   (A) The number of cases received in the preceding 
14 quarter.
15   (B) The number of cases completed in the preceding 
16 quarter.
17   (C) The number of cases waiting analysis.
18   (D) The number of cases sent for outsourcing.
19   (E) The number of cases waiting analysis that were 
20 received within the past 30 days.
21   (F) The number of cases waiting analysis that were 
22 received 31 to 90 days prior.
23   (G) The number of cases waiting analysis that were 
24 received 91 to 180 days prior.
25   (H) The number of cases waiting analysis that were 
26 received 181 to 365 days prior.
 
 
10200HB0562sam001- 192 -LRB102 02734 RLC 27377 a


1   (I) The number of cases waiting analysis that were 
2 received more than 365 days prior.
3   (J) The number of cases forwarded for DNA 
4 analyses.
5  (2) For DNA submissions, report both total case and 
6 sexual assault or abuse case (as defined by the Sexual 
7 Assault Evidence Submission Act) figures for:
8   (A) The number of cases received in the preceding 
9 quarter.
10   (B) The number of cases completed in the preceding 
11 quarter.
12   (C) The number of cases waiting analysis.
13   (D) The number of cases sent for outsourcing.
14   (E) The number of cases waiting analysis that were 
15 received within the past 30 days.
16   (F) The number of cases waiting analysis that were 
17 received 31 to 90 days prior.
18   (G) The number of cases waiting analysis that were 
19 received 91 to 180 days prior.
20   (H) The number of cases waiting analysis that were 
21 received 181 to 365 days prior.
22   (I) The number of cases waiting analysis that were 
23 received more than 365 days prior.
24  (3) For all other categories of testing (e.g., drug 
25 chemistry, firearms/toolmark, footwear/tire track, latent 
26 prints, toxicology, and trace chemistry analysis):
 
 
10200HB0562sam001- 193 -LRB102 02734 RLC 27377 a


1   (A) The number of cases received in the preceding 
2 quarter.
3   (B) The number of cases completed in the preceding 
4 quarter.
5   (C) The number of cases waiting analysis.
6   (D) The number of cases entered in the National 
7 Integrated Ballistic Information Network (NIBIN).
8   (E) The number of investigative leads developed 
9 from National Integrated Ballistic Information Network 
10 (NIBIN) analysis. 
11  (4) For the Combined DNA Index System (CODIS), report 
12 both total case and sexual assault or abuse case (as 
13 defined by the Sexual Assault Evidence Submission Act) 
14 figures for subparagraphs (D), (E), and (F) of this 
15 paragraph (4):
16   (A) The number of new offender samples received in 
17 the preceding quarter.
18   (B) The number of offender samples uploaded to 
19 CODIS in the preceding quarter.
20   (C) The number of offender samples awaiting 
21 analysis.
22   (D) The number of unknown DNA case profiles 
23 uploaded to CODIS in the preceding quarter.
24   (E) The number of CODIS hits in the preceding 
25 quarter.
26   (F) The number of forensic evidence submissions 
 
 
10200HB0562sam001- 194 -LRB102 02734 RLC 27377 a


1 submitted to confirm a previously reported CODIS hit.
2  (5) For each category of testing, report the number of 
3 trained forensic scientists and the number of forensic 
4 scientists in training.
5 As used in this subsection (c), "completed" means 
6completion of both the analysis of the evidence and the 
7provision of the results to the submitting law enforcement 
8agency. 
9 (d) The provisions of this subsection (d), other than this 
10sentence, are inoperative on and after January 1, 2019 or 2 
11years after the effective date of this amendatory Act of the 
1299th General Assembly, whichever is later. In consultation 
13with and subject to the approval of the Chief Procurement 
14Officer, the Department of State Police may obtain contracts 
15for services, commodities, and equipment to assist in the 
16timely completion of forensic biology, DNA, drug chemistry, 
17firearms/toolmark, footwear/tire track, latent prints, 
18toxicology, microscopy, trace chemistry, and Combined DNA 
19Index System (CODIS) analysis. Contracts to support the 
20delivery of timely forensic science services are not subject 
21to the provisions of the Illinois Procurement Code, except for 
22Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of 
23that Code, provided that the Chief Procurement Officer may, in 
24writing with justification, waive any certification required 
25under Article 50 of the Illinois Procurement Code. For any 
26contracts for services which are currently provided by members 
 
 
10200HB0562sam001- 195 -LRB102 02734 RLC 27377 a


1of a collective bargaining agreement, the applicable terms of 
2the collective bargaining agreement concerning subcontracting 
3shall be followed.
4(Source: P.A. 99-352, eff. 1-1-16; 99-801, eff. 1-1-17.)

5 Section 90. Illinois State Police; adoption of rules. The 
6Illinois State Police shall adopt rules to implement this Act.

7 Section 95. No acceleration or delay. Where this Act makes 
8changes in a statute that is represented in this Act by text 
9that is not yet or no longer in effect (for example, a Section 
10represented by multiple versions), the use of that text does 
11not accelerate or delay the taking effect of (i) the changes 
12made by this Act or (ii) provisions derived from any other 
13Public Act.

14 Section 99. Effective date. This Act takes effect on 
15January 1, 2022, except that the amendatory changes to Section 
163 of the Firearm Owners Identification Card Act take effect 
17January 1, 2024.".