103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5197 Introduced , by Rep. Brad Halbrook SYNOPSIS AS INTRODUCED: 5 ILCS 140/7.5430 ILCS 65/8 from Ch. 38, par. 83-8430 ILCS 65/4.1 rep.430 ILCS 67/40430 ILCS 67/45430 ILCS 67/55720 ILCS 5/24-1 from Ch. 38, par. 24-1720 ILCS 5/24-1.9 rep.720 ILCS 5/24-1.10 rep. Repeals the provisions of Public Act 102-1116 that make amendatory changes to the Firearms Restraining Order Act that provide that a petitioner for a firearms restraining order may request a plenary firearms restraining order of up to one-year, but not less than 6 months (restores the 6 months provision). Repeals provisions that the firearms restraining order may be renewed for an additional period of up to one year. Repeals amendatory provisions of the Criminal Code of 2012 making it unlawful, beginning January 1, 2024, for any person within the State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, with exemptions. Repeals provisions that make it unlawful for any person within the State to knowingly manufacture, deliver, sell, purchase, or cause to be manufactured, delivered, sold, or purchased a large capacity ammunition feeding device, with specified exemptions. Repeals amendatory provisions of the Criminal Code of 2012 that prohibit the manufacture, possession, sale, or offer to sell, purchase, manufacture, import, transfer, or use any device, part, kit, tool, accessory, or combination of parts that is designed to and functions to increase the rate of fire of a semiautomatic firearm above the standard rate of fire for semiautomatic firearms that is not equipped with that device, part, or combination of parts. Repeals amendatory provisions of the Freedom of Information Act that exempt from disclosure under the Act certain information concerning assault weapons endorsements received by the Illinois State Police. Effective immediately. LRB103 38441 RLC 68577 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5197 Introduced , by Rep. Brad Halbrook SYNOPSIS AS INTRODUCED: 5 ILCS 140/7.5430 ILCS 65/8 from Ch. 38, par. 83-8430 ILCS 65/4.1 rep.430 ILCS 67/40430 ILCS 67/45430 ILCS 67/55720 ILCS 5/24-1 from Ch. 38, par. 24-1720 ILCS 5/24-1.9 rep.720 ILCS 5/24-1.10 rep. 5 ILCS 140/7.5 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/4.1 rep. 430 ILCS 67/40 430 ILCS 67/45 430 ILCS 67/55 720 ILCS 5/24-1 from Ch. 38, par. 24-1 720 ILCS 5/24-1.9 rep. 720 ILCS 5/24-1.10 rep. Repeals the provisions of Public Act 102-1116 that make amendatory changes to the Firearms Restraining Order Act that provide that a petitioner for a firearms restraining order may request a plenary firearms restraining order of up to one-year, but not less than 6 months (restores the 6 months provision). Repeals provisions that the firearms restraining order may be renewed for an additional period of up to one year. Repeals amendatory provisions of the Criminal Code of 2012 making it unlawful, beginning January 1, 2024, for any person within the State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, with exemptions. Repeals provisions that make it unlawful for any person within the State to knowingly manufacture, deliver, sell, purchase, or cause to be manufactured, delivered, sold, or purchased a large capacity ammunition feeding device, with specified exemptions. Repeals amendatory provisions of the Criminal Code of 2012 that prohibit the manufacture, possession, sale, or offer to sell, purchase, manufacture, import, transfer, or use any device, part, kit, tool, accessory, or combination of parts that is designed to and functions to increase the rate of fire of a semiautomatic firearm above the standard rate of fire for semiautomatic firearms that is not equipped with that device, part, or combination of parts. Repeals amendatory provisions of the Freedom of Information Act that exempt from disclosure under the Act certain information concerning assault weapons endorsements received by the Illinois State Police. Effective immediately. LRB103 38441 RLC 68577 b LRB103 38441 RLC 68577 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5197 Introduced , by Rep. Brad Halbrook SYNOPSIS AS INTRODUCED:
5 ILCS 140/7.5430 ILCS 65/8 from Ch. 38, par. 83-8430 ILCS 65/4.1 rep.430 ILCS 67/40430 ILCS 67/45430 ILCS 67/55720 ILCS 5/24-1 from Ch. 38, par. 24-1720 ILCS 5/24-1.9 rep.720 ILCS 5/24-1.10 rep. 5 ILCS 140/7.5 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/4.1 rep. 430 ILCS 67/40 430 ILCS 67/45 430 ILCS 67/55 720 ILCS 5/24-1 from Ch. 38, par. 24-1 720 ILCS 5/24-1.9 rep. 720 ILCS 5/24-1.10 rep.
5 ILCS 140/7.5
430 ILCS 65/8 from Ch. 38, par. 83-8
430 ILCS 65/4.1 rep.
430 ILCS 67/40
430 ILCS 67/45
430 ILCS 67/55
720 ILCS 5/24-1 from Ch. 38, par. 24-1
720 ILCS 5/24-1.9 rep.
720 ILCS 5/24-1.10 rep.
Repeals the provisions of Public Act 102-1116 that make amendatory changes to the Firearms Restraining Order Act that provide that a petitioner for a firearms restraining order may request a plenary firearms restraining order of up to one-year, but not less than 6 months (restores the 6 months provision). Repeals provisions that the firearms restraining order may be renewed for an additional period of up to one year. Repeals amendatory provisions of the Criminal Code of 2012 making it unlawful, beginning January 1, 2024, for any person within the State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, with exemptions. Repeals provisions that make it unlawful for any person within the State to knowingly manufacture, deliver, sell, purchase, or cause to be manufactured, delivered, sold, or purchased a large capacity ammunition feeding device, with specified exemptions. Repeals amendatory provisions of the Criminal Code of 2012 that prohibit the manufacture, possession, sale, or offer to sell, purchase, manufacture, import, transfer, or use any device, part, kit, tool, accessory, or combination of parts that is designed to and functions to increase the rate of fire of a semiautomatic firearm above the standard rate of fire for semiautomatic firearms that is not equipped with that device, part, or combination of parts. Repeals amendatory provisions of the Freedom of Information Act that exempt from disclosure under the Act certain information concerning assault weapons endorsements received by the Illinois State Police. Effective immediately.
LRB103 38441 RLC 68577 b LRB103 38441 RLC 68577 b
LRB103 38441 RLC 68577 b
A BILL FOR
HB5197LRB103 38441 RLC 68577 b HB5197 LRB103 38441 RLC 68577 b
HB5197 LRB103 38441 RLC 68577 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Freedom of Information Act is amended by
5 changing Section 7.5 as follows:
6 (5 ILCS 140/7.5)
7 (Text of Section before amendment by P.A. 103-472)
8 Sec. 7.5. Statutory exemptions. To the extent provided for
9 by the statutes referenced below, the following shall be
10 exempt from inspection and copying:
11 (a) All information determined to be confidential
12 under Section 4002 of the Technology Advancement and
13 Development Act.
14 (b) Library circulation and order records identifying
15 library users with specific materials under the Library
16 Records Confidentiality Act.
17 (c) Applications, related documents, and medical
18 records received by the Experimental Organ Transplantation
19 Procedures Board and any and all documents or other
20 records prepared by the Experimental Organ Transplantation
21 Procedures Board or its staff relating to applications it
22 has received.
23 (d) Information and records held by the Department of
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5197 Introduced , by Rep. Brad Halbrook SYNOPSIS AS INTRODUCED:
5 ILCS 140/7.5430 ILCS 65/8 from Ch. 38, par. 83-8430 ILCS 65/4.1 rep.430 ILCS 67/40430 ILCS 67/45430 ILCS 67/55720 ILCS 5/24-1 from Ch. 38, par. 24-1720 ILCS 5/24-1.9 rep.720 ILCS 5/24-1.10 rep. 5 ILCS 140/7.5 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/4.1 rep. 430 ILCS 67/40 430 ILCS 67/45 430 ILCS 67/55 720 ILCS 5/24-1 from Ch. 38, par. 24-1 720 ILCS 5/24-1.9 rep. 720 ILCS 5/24-1.10 rep.
5 ILCS 140/7.5
430 ILCS 65/8 from Ch. 38, par. 83-8
430 ILCS 65/4.1 rep.
430 ILCS 67/40
430 ILCS 67/45
430 ILCS 67/55
720 ILCS 5/24-1 from Ch. 38, par. 24-1
720 ILCS 5/24-1.9 rep.
720 ILCS 5/24-1.10 rep.
Repeals the provisions of Public Act 102-1116 that make amendatory changes to the Firearms Restraining Order Act that provide that a petitioner for a firearms restraining order may request a plenary firearms restraining order of up to one-year, but not less than 6 months (restores the 6 months provision). Repeals provisions that the firearms restraining order may be renewed for an additional period of up to one year. Repeals amendatory provisions of the Criminal Code of 2012 making it unlawful, beginning January 1, 2024, for any person within the State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, with exemptions. Repeals provisions that make it unlawful for any person within the State to knowingly manufacture, deliver, sell, purchase, or cause to be manufactured, delivered, sold, or purchased a large capacity ammunition feeding device, with specified exemptions. Repeals amendatory provisions of the Criminal Code of 2012 that prohibit the manufacture, possession, sale, or offer to sell, purchase, manufacture, import, transfer, or use any device, part, kit, tool, accessory, or combination of parts that is designed to and functions to increase the rate of fire of a semiautomatic firearm above the standard rate of fire for semiautomatic firearms that is not equipped with that device, part, or combination of parts. Repeals amendatory provisions of the Freedom of Information Act that exempt from disclosure under the Act certain information concerning assault weapons endorsements received by the Illinois State Police. Effective immediately.
LRB103 38441 RLC 68577 b LRB103 38441 RLC 68577 b
LRB103 38441 RLC 68577 b
A BILL FOR
5 ILCS 140/7.5
430 ILCS 65/8 from Ch. 38, par. 83-8
430 ILCS 65/4.1 rep.
430 ILCS 67/40
430 ILCS 67/45
430 ILCS 67/55
720 ILCS 5/24-1 from Ch. 38, par. 24-1
720 ILCS 5/24-1.9 rep.
720 ILCS 5/24-1.10 rep.
LRB103 38441 RLC 68577 b
HB5197 LRB103 38441 RLC 68577 b
HB5197- 2 -LRB103 38441 RLC 68577 b HB5197 - 2 - LRB103 38441 RLC 68577 b
HB5197 - 2 - LRB103 38441 RLC 68577 b
1 Public Health and its authorized representatives relating
2 to known or suspected cases of sexually transmissible
3 disease or any information the disclosure of which is
4 restricted under the Illinois Sexually Transmissible
5 Disease Control Act.
6 (e) Information the disclosure of which is exempted
7 under Section 30 of the Radon Industry Licensing Act.
8 (f) Firm performance evaluations under Section 55 of
9 the Architectural, Engineering, and Land Surveying
10 Qualifications Based Selection Act.
11 (g) Information the disclosure of which is restricted
12 and exempted under Section 50 of the Illinois Prepaid
13 Tuition Act.
14 (h) Information the disclosure of which is exempted
15 under the State Officials and Employees Ethics Act, and
16 records of any lawfully created State or local inspector
17 general's office that would be exempt if created or
18 obtained by an Executive Inspector General's office under
19 that Act.
20 (i) Information contained in a local emergency energy
21 plan submitted to a municipality in accordance with a
22 local emergency energy plan ordinance that is adopted
23 under Section 11-21.5-5 of the Illinois Municipal Code.
24 (j) Information and data concerning the distribution
25 of surcharge moneys collected and remitted by carriers
26 under the Emergency Telephone System Act.
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HB5197 - 3 - LRB103 38441 RLC 68577 b
1 (k) Law enforcement officer identification information
2 or driver identification information compiled by a law
3 enforcement agency or the Department of Transportation
4 under Section 11-212 of the Illinois Vehicle Code.
5 (l) Records and information provided to a residential
6 health care facility resident sexual assault and death
7 review team or the Executive Council under the Abuse
8 Prevention Review Team Act.
9 (m) Information provided to the predatory lending
10 database created pursuant to Article 3 of the Residential
11 Real Property Disclosure Act, except to the extent
12 authorized under that Article.
13 (n) Defense budgets and petitions for certification of
14 compensation and expenses for court appointed trial
15 counsel as provided under Sections 10 and 15 of the
16 Capital Crimes Litigation Act (repealed). This subsection
17 (n) shall apply until the conclusion of the trial of the
18 case, even if the prosecution chooses not to pursue the
19 death penalty prior to trial or sentencing.
20 (o) Information that is prohibited from being
21 disclosed under Section 4 of the Illinois Health and
22 Hazardous Substances Registry Act.
23 (p) Security portions of system safety program plans,
24 investigation reports, surveys, schedules, lists, data, or
25 information compiled, collected, or prepared by or for the
26 Department of Transportation under Sections 2705-300 and
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HB5197- 4 -LRB103 38441 RLC 68577 b HB5197 - 4 - LRB103 38441 RLC 68577 b
HB5197 - 4 - LRB103 38441 RLC 68577 b
1 2705-616 of the Department of Transportation Law of the
2 Civil Administrative Code of Illinois, the Regional
3 Transportation Authority under Section 2.11 of the
4 Regional Transportation Authority Act, or the St. Clair
5 County Transit District under the Bi-State Transit Safety
6 Act (repealed).
7 (q) Information prohibited from being disclosed by the
8 Personnel Record Review Act.
9 (r) Information prohibited from being disclosed by the
10 Illinois School Student Records Act.
11 (s) Information the disclosure of which is restricted
12 under Section 5-108 of the Public Utilities Act.
13 (t) (Blank).
14 (u) Records and information provided to an independent
15 team of experts under the Developmental Disability and
16 Mental Health Safety Act (also known as Brian's Law).
17 (v) Names and information of people who have applied
18 for or received Firearm Owner's Identification Cards under
19 the Firearm Owners Identification Card Act or applied for
20 or received a concealed carry license under the Firearm
21 Concealed Carry Act, unless otherwise authorized by the
22 Firearm Concealed Carry Act; and databases under the
23 Firearm Concealed Carry Act, records of the Concealed
24 Carry Licensing Review Board under the Firearm Concealed
25 Carry Act, and law enforcement agency objections under the
26 Firearm Concealed Carry Act.
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HB5197 - 5 - LRB103 38441 RLC 68577 b
1 (v-5) Records of the Firearm Owner's Identification
2 Card Review Board that are exempted from disclosure under
3 Section 10 of the Firearm Owners Identification Card Act.
4 (w) Personally identifiable information which is
5 exempted from disclosure under subsection (g) of Section
6 19.1 of the Toll Highway Act.
7 (x) Information which is exempted from disclosure
8 under Section 5-1014.3 of the Counties Code or Section
9 8-11-21 of the Illinois Municipal Code.
10 (y) Confidential information under the Adult
11 Protective Services Act and its predecessor enabling
12 statute, the Elder Abuse and Neglect Act, including
13 information about the identity and administrative finding
14 against any caregiver of a verified and substantiated
15 decision of abuse, neglect, or financial exploitation of
16 an eligible adult maintained in the Registry established
17 under Section 7.5 of the Adult Protective Services Act.
18 (z) Records and information provided to a fatality
19 review team or the Illinois Fatality Review Team Advisory
20 Council under Section 15 of the Adult Protective Services
21 Act.
22 (aa) Information which is exempted from disclosure
23 under Section 2.37 of the Wildlife Code.
24 (bb) Information which is or was prohibited from
25 disclosure by the Juvenile Court Act of 1987.
26 (cc) Recordings made under the Law Enforcement
HB5197 - 5 - LRB103 38441 RLC 68577 b
HB5197- 6 -LRB103 38441 RLC 68577 b HB5197 - 6 - LRB103 38441 RLC 68577 b
HB5197 - 6 - LRB103 38441 RLC 68577 b
1 Officer-Worn Body Camera Act, except to the extent
2 authorized under that Act.
3 (dd) Information that is prohibited from being
4 disclosed under Section 45 of the Condominium and Common
5 Interest Community Ombudsperson Act.
6 (ee) Information that is exempted from disclosure
7 under Section 30.1 of the Pharmacy Practice Act.
8 (ff) Information that is exempted from disclosure
9 under the Revised Uniform Unclaimed Property Act.
10 (gg) Information that is prohibited from being
11 disclosed under Section 7-603.5 of the Illinois Vehicle
12 Code.
13 (hh) Records that are exempt from disclosure under
14 Section 1A-16.7 of the Election Code.
15 (ii) Information which is exempted from disclosure
16 under Section 2505-800 of the Department of Revenue Law of
17 the Civil Administrative Code of Illinois.
18 (jj) Information and reports that are required to be
19 submitted to the Department of Labor by registering day
20 and temporary labor service agencies but are exempt from
21 disclosure under subsection (a-1) of Section 45 of the Day
22 and Temporary Labor Services Act.
23 (kk) Information prohibited from disclosure under the
24 Seizure and Forfeiture Reporting Act.
25 (ll) Information the disclosure of which is restricted
26 and exempted under Section 5-30.8 of the Illinois Public
HB5197 - 6 - LRB103 38441 RLC 68577 b
HB5197- 7 -LRB103 38441 RLC 68577 b HB5197 - 7 - LRB103 38441 RLC 68577 b
HB5197 - 7 - LRB103 38441 RLC 68577 b
1 Aid Code.
2 (mm) Records that are exempt from disclosure under
3 Section 4.2 of the Crime Victims Compensation Act.
4 (nn) Information that is exempt from disclosure under
5 Section 70 of the Higher Education Student Assistance Act.
6 (oo) Communications, notes, records, and reports
7 arising out of a peer support counseling session
8 prohibited from disclosure under the First Responders
9 Suicide Prevention Act.
10 (pp) Names and all identifying information relating to
11 an employee of an emergency services provider or law
12 enforcement agency under the First Responders Suicide
13 Prevention Act.
14 (qq) Information and records held by the Department of
15 Public Health and its authorized representatives collected
16 under the Reproductive Health Act.
17 (rr) Information that is exempt from disclosure under
18 the Cannabis Regulation and Tax Act.
19 (ss) Data reported by an employer to the Department of
20 Human Rights pursuant to Section 2-108 of the Illinois
21 Human Rights Act.
22 (tt) Recordings made under the Children's Advocacy
23 Center Act, except to the extent authorized under that
24 Act.
25 (uu) Information that is exempt from disclosure under
26 Section 50 of the Sexual Assault Evidence Submission Act.
HB5197 - 7 - LRB103 38441 RLC 68577 b
HB5197- 8 -LRB103 38441 RLC 68577 b HB5197 - 8 - LRB103 38441 RLC 68577 b
HB5197 - 8 - LRB103 38441 RLC 68577 b
1 (vv) Information that is exempt from disclosure under
2 subsections (f) and (j) of Section 5-36 of the Illinois
3 Public Aid Code.
4 (ww) Information that is exempt from disclosure under
5 Section 16.8 of the State Treasurer Act.
6 (xx) Information that is exempt from disclosure or
7 information that shall not be made public under the
8 Illinois Insurance Code.
9 (yy) Information prohibited from being disclosed under
10 the Illinois Educational Labor Relations Act.
11 (zz) Information prohibited from being disclosed under
12 the Illinois Public Labor Relations Act.
13 (aaa) Information prohibited from being disclosed
14 under Section 1-167 of the Illinois Pension Code.
15 (bbb) Information that is prohibited from disclosure
16 by the Illinois Police Training Act and the Illinois State
17 Police Act.
18 (ccc) Records exempt from disclosure under Section
19 2605-304 of the Illinois State Police Law of the Civil
20 Administrative Code of Illinois.
21 (ddd) Information prohibited from being disclosed
22 under Section 35 of the Address Confidentiality for
23 Victims of Domestic Violence, Sexual Assault, Human
24 Trafficking, or Stalking Act.
25 (eee) Information prohibited from being disclosed
26 under subsection (b) of Section 75 of the Domestic
HB5197 - 8 - LRB103 38441 RLC 68577 b
HB5197- 9 -LRB103 38441 RLC 68577 b HB5197 - 9 - LRB103 38441 RLC 68577 b
HB5197 - 9 - LRB103 38441 RLC 68577 b
1 Violence Fatality Review Act.
2 (fff) Images from cameras under the Expressway Camera
3 Act. This subsection (fff) is inoperative on and after
4 July 1, 2025.
5 (ggg) Information prohibited from disclosure under
6 paragraph (3) of subsection (a) of Section 14 of the Nurse
7 Agency Licensing Act.
8 (hhh) (Blank). Information submitted to the Illinois
9 State Police in an affidavit or application for an assault
10 weapon endorsement, assault weapon attachment endorsement,
11 .50 caliber rifle endorsement, or .50 caliber cartridge
12 endorsement under the Firearm Owners Identification Card
13 Act.
14 (iii) Data exempt from disclosure under Section 50 of
15 the School Safety Drill Act.
16 (jjj) (hhh) Information exempt from disclosure under
17 Section 30 of the Insurance Data Security Law.
18 (kkk) (iii) Confidential business information
19 prohibited from disclosure under Section 45 of the Paint
20 Stewardship Act.
21 (lll) (Reserved).
22 (mmm) (iii) Information prohibited from being
23 disclosed under subsection (e) of Section 1-129 of the
24 Illinois Power Agency Act.
25 (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
26 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
HB5197 - 9 - LRB103 38441 RLC 68577 b
HB5197- 10 -LRB103 38441 RLC 68577 b HB5197 - 10 - LRB103 38441 RLC 68577 b
HB5197 - 10 - LRB103 38441 RLC 68577 b
1 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
2 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
3 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
4 eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
5 revised 1-2-24.)
6 (Text of Section after amendment by P.A. 103-472)
7 Sec. 7.5. Statutory exemptions. To the extent provided for
8 by the statutes referenced below, the following shall be
9 exempt from inspection and copying:
10 (a) All information determined to be confidential
11 under Section 4002 of the Technology Advancement and
12 Development Act.
13 (b) Library circulation and order records identifying
14 library users with specific materials under the Library
15 Records Confidentiality Act.
16 (c) Applications, related documents, and medical
17 records received by the Experimental Organ Transplantation
18 Procedures Board and any and all documents or other
19 records prepared by the Experimental Organ Transplantation
20 Procedures Board or its staff relating to applications it
21 has received.
22 (d) Information and records held by the Department of
23 Public Health and its authorized representatives relating
24 to known or suspected cases of sexually transmissible
25 disease or any information the disclosure of which is
HB5197 - 10 - LRB103 38441 RLC 68577 b
HB5197- 11 -LRB103 38441 RLC 68577 b HB5197 - 11 - LRB103 38441 RLC 68577 b
HB5197 - 11 - LRB103 38441 RLC 68577 b
1 restricted under the Illinois Sexually Transmissible
2 Disease Control Act.
3 (e) Information the disclosure of which is exempted
4 under Section 30 of the Radon Industry Licensing Act.
5 (f) Firm performance evaluations under Section 55 of
6 the Architectural, Engineering, and Land Surveying
7 Qualifications Based Selection Act.
8 (g) Information the disclosure of which is restricted
9 and exempted under Section 50 of the Illinois Prepaid
10 Tuition Act.
11 (h) Information the disclosure of which is exempted
12 under the State Officials and Employees Ethics Act, and
13 records of any lawfully created State or local inspector
14 general's office that would be exempt if created or
15 obtained by an Executive Inspector General's office under
16 that Act.
17 (i) Information contained in a local emergency energy
18 plan submitted to a municipality in accordance with a
19 local emergency energy plan ordinance that is adopted
20 under Section 11-21.5-5 of the Illinois Municipal Code.
21 (j) Information and data concerning the distribution
22 of surcharge moneys collected and remitted by carriers
23 under the Emergency Telephone System Act.
24 (k) Law enforcement officer identification information
25 or driver identification information compiled by a law
26 enforcement agency or the Department of Transportation
HB5197 - 11 - LRB103 38441 RLC 68577 b
HB5197- 12 -LRB103 38441 RLC 68577 b HB5197 - 12 - LRB103 38441 RLC 68577 b
HB5197 - 12 - LRB103 38441 RLC 68577 b
1 under Section 11-212 of the Illinois Vehicle Code.
2 (l) Records and information provided to a residential
3 health care facility resident sexual assault and death
4 review team or the Executive Council under the Abuse
5 Prevention Review Team Act.
6 (m) Information provided to the predatory lending
7 database created pursuant to Article 3 of the Residential
8 Real Property Disclosure Act, except to the extent
9 authorized under that Article.
10 (n) Defense budgets and petitions for certification of
11 compensation and expenses for court appointed trial
12 counsel as provided under Sections 10 and 15 of the
13 Capital Crimes Litigation Act (repealed). This subsection
14 (n) shall apply until the conclusion of the trial of the
15 case, even if the prosecution chooses not to pursue the
16 death penalty prior to trial or sentencing.
17 (o) Information that is prohibited from being
18 disclosed under Section 4 of the Illinois Health and
19 Hazardous Substances Registry Act.
20 (p) Security portions of system safety program plans,
21 investigation reports, surveys, schedules, lists, data, or
22 information compiled, collected, or prepared by or for the
23 Department of Transportation under Sections 2705-300 and
24 2705-616 of the Department of Transportation Law of the
25 Civil Administrative Code of Illinois, the Regional
26 Transportation Authority under Section 2.11 of the
HB5197 - 12 - LRB103 38441 RLC 68577 b
HB5197- 13 -LRB103 38441 RLC 68577 b HB5197 - 13 - LRB103 38441 RLC 68577 b
HB5197 - 13 - LRB103 38441 RLC 68577 b
1 Regional Transportation Authority Act, or the St. Clair
2 County Transit District under the Bi-State Transit Safety
3 Act (repealed).
4 (q) Information prohibited from being disclosed by the
5 Personnel Record Review Act.
6 (r) Information prohibited from being disclosed by the
7 Illinois School Student Records Act.
8 (s) Information the disclosure of which is restricted
9 under Section 5-108 of the Public Utilities Act.
10 (t) (Blank).
11 (u) Records and information provided to an independent
12 team of experts under the Developmental Disability and
13 Mental Health Safety Act (also known as Brian's Law).
14 (v) Names and information of people who have applied
15 for or received Firearm Owner's Identification Cards under
16 the Firearm Owners Identification Card Act or applied for
17 or received a concealed carry license under the Firearm
18 Concealed Carry Act, unless otherwise authorized by the
19 Firearm Concealed Carry Act; and databases under the
20 Firearm Concealed Carry Act, records of the Concealed
21 Carry Licensing Review Board under the Firearm Concealed
22 Carry Act, and law enforcement agency objections under the
23 Firearm Concealed Carry Act.
24 (v-5) Records of the Firearm Owner's Identification
25 Card Review Board that are exempted from disclosure under
26 Section 10 of the Firearm Owners Identification Card Act.
HB5197 - 13 - LRB103 38441 RLC 68577 b
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HB5197 - 14 - LRB103 38441 RLC 68577 b
1 (w) Personally identifiable information which is
2 exempted from disclosure under subsection (g) of Section
3 19.1 of the Toll Highway Act.
4 (x) Information which is exempted from disclosure
5 under Section 5-1014.3 of the Counties Code or Section
6 8-11-21 of the Illinois Municipal Code.
7 (y) Confidential information under the Adult
8 Protective Services Act and its predecessor enabling
9 statute, the Elder Abuse and Neglect Act, including
10 information about the identity and administrative finding
11 against any caregiver of a verified and substantiated
12 decision of abuse, neglect, or financial exploitation of
13 an eligible adult maintained in the Registry established
14 under Section 7.5 of the Adult Protective Services Act.
15 (z) Records and information provided to a fatality
16 review team or the Illinois Fatality Review Team Advisory
17 Council under Section 15 of the Adult Protective Services
18 Act.
19 (aa) Information which is exempted from disclosure
20 under Section 2.37 of the Wildlife Code.
21 (bb) Information which is or was prohibited from
22 disclosure by the Juvenile Court Act of 1987.
23 (cc) Recordings made under the Law Enforcement
24 Officer-Worn Body Camera Act, except to the extent
25 authorized under that Act.
26 (dd) Information that is prohibited from being
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1 disclosed under Section 45 of the Condominium and Common
2 Interest Community Ombudsperson Act.
3 (ee) Information that is exempted from disclosure
4 under Section 30.1 of the Pharmacy Practice Act.
5 (ff) Information that is exempted from disclosure
6 under the Revised Uniform Unclaimed Property Act.
7 (gg) Information that is prohibited from being
8 disclosed under Section 7-603.5 of the Illinois Vehicle
9 Code.
10 (hh) Records that are exempt from disclosure under
11 Section 1A-16.7 of the Election Code.
12 (ii) Information which is exempted from disclosure
13 under Section 2505-800 of the Department of Revenue Law of
14 the Civil Administrative Code of Illinois.
15 (jj) Information and reports that are required to be
16 submitted to the Department of Labor by registering day
17 and temporary labor service agencies but are exempt from
18 disclosure under subsection (a-1) of Section 45 of the Day
19 and Temporary Labor Services Act.
20 (kk) Information prohibited from disclosure under the
21 Seizure and Forfeiture Reporting Act.
22 (ll) Information the disclosure of which is restricted
23 and exempted under Section 5-30.8 of the Illinois Public
24 Aid Code.
25 (mm) Records that are exempt from disclosure under
26 Section 4.2 of the Crime Victims Compensation Act.
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1 (nn) Information that is exempt from disclosure under
2 Section 70 of the Higher Education Student Assistance Act.
3 (oo) Communications, notes, records, and reports
4 arising out of a peer support counseling session
5 prohibited from disclosure under the First Responders
6 Suicide Prevention Act.
7 (pp) Names and all identifying information relating to
8 an employee of an emergency services provider or law
9 enforcement agency under the First Responders Suicide
10 Prevention Act.
11 (qq) Information and records held by the Department of
12 Public Health and its authorized representatives collected
13 under the Reproductive Health Act.
14 (rr) Information that is exempt from disclosure under
15 the Cannabis Regulation and Tax Act.
16 (ss) Data reported by an employer to the Department of
17 Human Rights pursuant to Section 2-108 of the Illinois
18 Human Rights Act.
19 (tt) Recordings made under the Children's Advocacy
20 Center Act, except to the extent authorized under that
21 Act.
22 (uu) Information that is exempt from disclosure under
23 Section 50 of the Sexual Assault Evidence Submission Act.
24 (vv) Information that is exempt from disclosure under
25 subsections (f) and (j) of Section 5-36 of the Illinois
26 Public Aid Code.
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1 (ww) Information that is exempt from disclosure under
2 Section 16.8 of the State Treasurer Act.
3 (xx) Information that is exempt from disclosure or
4 information that shall not be made public under the
5 Illinois Insurance Code.
6 (yy) Information prohibited from being disclosed under
7 the Illinois Educational Labor Relations Act.
8 (zz) Information prohibited from being disclosed under
9 the Illinois Public Labor Relations Act.
10 (aaa) Information prohibited from being disclosed
11 under Section 1-167 of the Illinois Pension Code.
12 (bbb) Information that is prohibited from disclosure
13 by the Illinois Police Training Act and the Illinois State
14 Police Act.
15 (ccc) Records exempt from disclosure under Section
16 2605-304 of the Illinois State Police Law of the Civil
17 Administrative Code of Illinois.
18 (ddd) Information prohibited from being disclosed
19 under Section 35 of the Address Confidentiality for
20 Victims of Domestic Violence, Sexual Assault, Human
21 Trafficking, or Stalking Act.
22 (eee) Information prohibited from being disclosed
23 under subsection (b) of Section 75 of the Domestic
24 Violence Fatality Review Act.
25 (fff) Images from cameras under the Expressway Camera
26 Act. This subsection (fff) is inoperative on and after
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1 July 1, 2025.
2 (ggg) Information prohibited from disclosure under
3 paragraph (3) of subsection (a) of Section 14 of the Nurse
4 Agency Licensing Act.
5 (hhh) (Blank). Information submitted to the Illinois
6 State Police in an affidavit or application for an assault
7 weapon endorsement, assault weapon attachment endorsement,
8 .50 caliber rifle endorsement, or .50 caliber cartridge
9 endorsement under the Firearm Owners Identification Card
10 Act.
11 (iii) Data exempt from disclosure under Section 50 of
12 the School Safety Drill Act.
13 (jjj) (hhh) Information exempt from disclosure under
14 Section 30 of the Insurance Data Security Law.
15 (kkk) (iii) Confidential business information
16 prohibited from disclosure under Section 45 of the Paint
17 Stewardship Act.
18 (lll) (iii) Data exempt from disclosure under Section
19 2-3.196 of the School Code.
20 (mmm) (iii) Information prohibited from being
21 disclosed under subsection (e) of Section 1-129 of the
22 Illinois Power Agency Act.
23 (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
24 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
25 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
26 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
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1 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
2 eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
3 103-580, eff. 12-8-23; revised 1-2-24.)
4 Section 10. The Firearm Owners Identification Card Act is
5 amended by changing Section 8 as follows:
6 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
7 Sec. 8. Grounds for denial and revocation. The Illinois
8 State Police has authority to deny an application for or to
9 revoke and seize a Firearm Owner's Identification Card
10 previously issued under this Act only if the Illinois State
11 Police finds that the applicant or the person to whom such card
12 was issued is or was at the time of issuance:
13 (a) A person under 21 years of age who has been
14 convicted of a misdemeanor other than a traffic offense or
15 adjudged delinquent;
16 (b) This subsection (b) applies through the 180th day
17 following July 12, 2019 (the effective date of Public Act
18 101-80). A person under 21 years of age who does not have
19 the written consent of his parent or guardian to acquire
20 and possess firearms and firearm ammunition, or whose
21 parent or guardian has revoked such written consent, or
22 where such parent or guardian does not qualify to have a
23 Firearm Owner's Identification Card;
24 (b-5) This subsection (b-5) applies on and after the
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1 181st day following July 12, 2019 (the effective date of
2 Public Act 101-80). A person under 21 years of age who is
3 not an active duty member of the United States Armed
4 Forces or the Illinois National Guard and does not have
5 the written consent of his or her parent or guardian to
6 acquire and possess firearms and firearm ammunition, or
7 whose parent or guardian has revoked such written consent,
8 or where such parent or guardian does not qualify to have a
9 Firearm Owner's Identification Card;
10 (c) A person convicted of a felony under the laws of
11 this or any other jurisdiction;
12 (d) A person addicted to narcotics;
13 (e) A person who has been a patient of a mental health
14 facility within the past 5 years or a person who has been a
15 patient in a mental health facility more than 5 years ago
16 who has not received the certification required under
17 subsection (u) of this Section. An active law enforcement
18 officer employed by a unit of government or a Department
19 of Corrections employee authorized to possess firearms who
20 is denied, revoked, or has his or her Firearm Owner's
21 Identification Card seized under this subsection (e) may
22 obtain relief as described in subsection (c-5) of Section
23 10 of this Act if the officer or employee did not act in a
24 manner threatening to the officer or employee, another
25 person, or the public as determined by the treating
26 clinical psychologist or physician, and the officer or
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1 employee seeks mental health treatment;
2 (f) A person whose mental condition is of such a
3 nature that it poses a clear and present danger to the
4 applicant, any other person or persons, or the community;
5 (g) A person who has an intellectual disability;
6 (h) A person who intentionally makes a false statement
7 in the Firearm Owner's Identification Card application or
8 endorsement affidavit;
9 (i) A noncitizen who is unlawfully present in the
10 United States under the laws of the United States;
11 (i-5) A noncitizen who has been admitted to the United
12 States under a non-immigrant visa (as that term is defined
13 in Section 101(a)(26) of the Immigration and Nationality
14 Act (8 U.S.C. 1101(a)(26))), except that this subsection
15 (i-5) does not apply to any noncitizen who has been
16 lawfully admitted to the United States under a
17 non-immigrant visa if that noncitizen is:
18 (1) admitted to the United States for lawful
19 hunting or sporting purposes;
20 (2) an official representative of a foreign
21 government who is:
22 (A) accredited to the United States Government
23 or the Government's mission to an international
24 organization having its headquarters in the United
25 States; or
26 (B) en route to or from another country to
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1 which that noncitizen is accredited;
2 (3) an official of a foreign government or
3 distinguished foreign visitor who has been so
4 designated by the Department of State;
5 (4) a foreign law enforcement officer of a
6 friendly foreign government entering the United States
7 on official business; or
8 (5) one who has received a waiver from the
9 Attorney General of the United States pursuant to 18
10 U.S.C. 922(y)(3);
11 (j) (Blank);
12 (k) A person who has been convicted within the past 5
13 years of battery, assault, aggravated assault, violation
14 of an order of protection, or a substantially similar
15 offense in another jurisdiction, in which a firearm was
16 used or possessed;
17 (l) A person who has been convicted of domestic
18 battery, aggravated domestic battery, or a substantially
19 similar offense in another jurisdiction committed before,
20 on or after January 1, 2012 (the effective date of Public
21 Act 97-158). If the applicant or person who has been
22 previously issued a Firearm Owner's Identification Card
23 under this Act knowingly and intelligently waives the
24 right to have an offense described in this paragraph (l)
25 tried by a jury, and by guilty plea or otherwise, results
26 in a conviction for an offense in which a domestic
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1 relationship is not a required element of the offense but
2 in which a determination of the applicability of 18 U.S.C.
3 922(g)(9) is made under Section 112A-11.1 of the Code of
4 Criminal Procedure of 1963, an entry by the court of a
5 judgment of conviction for that offense shall be grounds
6 for denying an application for and for revoking and
7 seizing a Firearm Owner's Identification Card previously
8 issued to the person under this Act;
9 (m) (Blank);
10 (n) A person who is prohibited from acquiring or
11 possessing firearms or firearm ammunition by any Illinois
12 State statute or by federal law;
13 (o) A minor subject to a petition filed under Section
14 5-520 of the Juvenile Court Act of 1987 alleging that the
15 minor is a delinquent minor for the commission of an
16 offense that if committed by an adult would be a felony;
17 (p) An adult who had been adjudicated a delinquent
18 minor under the Juvenile Court Act of 1987 for the
19 commission of an offense that if committed by an adult
20 would be a felony;
21 (q) A person who is not a resident of the State of
22 Illinois, except as provided in subsection (a-10) of
23 Section 4;
24 (r) A person who has been adjudicated as a person with
25 a mental disability;
26 (s) A person who has been found to have a
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1 developmental disability;
2 (t) A person involuntarily admitted into a mental
3 health facility; or
4 (u) A person who has had his or her Firearm Owner's
5 Identification Card revoked or denied under subsection (e)
6 of this Section or item (iv) of paragraph (2) of
7 subsection (a) of Section 4 of this Act because he or she
8 was a patient in a mental health facility as provided in
9 subsection (e) of this Section, shall not be permitted to
10 obtain a Firearm Owner's Identification Card, after the
11 5-year period has lapsed, unless he or she has received a
12 mental health evaluation by a physician, clinical
13 psychologist, or qualified examiner as those terms are
14 defined in the Mental Health and Developmental
15 Disabilities Code, and has received a certification that
16 he or she is not a clear and present danger to himself,
17 herself, or others. The physician, clinical psychologist,
18 or qualified examiner making the certification and his or
19 her employer shall not be held criminally, civilly, or
20 professionally liable for making or not making the
21 certification required under this subsection, except for
22 willful or wanton misconduct. This subsection does not
23 apply to a person whose firearm possession rights have
24 been restored through administrative or judicial action
25 under Section 10 or 11 of this Act.
26 Upon revocation of a person's Firearm Owner's
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1 Identification Card, the Illinois State Police shall provide
2 notice to the person and the person shall comply with Section
3 9.5 of this Act.
4 (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
5 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
6 5-27-22; 102-1116, eff. 1-10-23.)
7 (430 ILCS 65/4.1 rep.)
8 Section 15. The Firearm Owners Identification Card Act is
9 amended by repealing Section 4.1.
10 Section 20. The Firearms Restraining Order Act is amended
11 by changing Sections 40, 45, and 55 as follows:
12 (430 ILCS 67/40)
13 Sec. 40. Plenary Six-month orders.
14 (a) A petitioner may request a 6-month firearms
15 restraining order for up to one year by filing an affidavit or
16 verified pleading alleging that the respondent poses a
17 significant danger of causing personal injury to himself,
18 herself, or another in the near future by having in his or her
19 custody or control, purchasing, possessing, or receiving a
20 firearm, ammunition, and firearm parts that could be assembled
21 to make an operable firearm. The petition shall also describe
22 the number, types, and locations of any firearms, ammunition,
23 and firearm parts that could be assembled to make an operable
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1 firearm presently believed by the petitioner to be possessed
2 or controlled by the respondent. The firearms restraining
3 order may be renewed for an additional period of up to one year
4 in accordance with Section 45 of this Act.
5 (b) If the respondent is alleged to pose a significant
6 danger of causing personal injury to an intimate partner, or
7 an intimate partner is alleged to have been the target of a
8 threat or act of violence by the respondent, the petitioner
9 shall make a good faith effort to provide notice to any and all
10 intimate partners of the respondent. The notice must include
11 the duration of time that the petitioner intends to petition
12 the court for a 6-month firearms restraining order, and, if
13 the petitioner is a law enforcement officer, referral to
14 relevant domestic violence or stalking advocacy or counseling
15 resources, if appropriate. The petitioner shall attest to
16 having provided the notice in the filed affidavit or verified
17 pleading. If, after making a good faith effort, the petitioner
18 is unable to provide notice to any or all intimate partners,
19 the affidavit or verified pleading should describe what
20 efforts were made.
21 (c) Every person who files a petition for a plenary
22 6-month firearms restraining order, knowing the information
23 provided to the court at any hearing or in the affidavit or
24 verified pleading to be false, is guilty of perjury under
25 Section 32-2 of the Criminal Code of 2012.
26 (d) Upon receipt of a petition for a plenary 6-month
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1 firearms restraining order, the court shall order a hearing
2 within 30 days.
3 (e) In determining whether to issue a firearms restraining
4 order under this Section, the court shall consider evidence
5 including, but not limited to, the following:
6 (1) The unlawful and reckless use, display, or
7 brandishing of a firearm, ammunition, and firearm parts
8 that could be assembled to make an operable firearm by the
9 respondent.
10 (2) The history of use, attempted use, or threatened
11 use of physical force by the respondent against another
12 person.
13 (3) Any prior arrest of the respondent for a felony
14 offense.
15 (4) Evidence of the abuse of controlled substances or
16 alcohol by the respondent.
17 (5) A recent threat of violence or act of violence by
18 the respondent directed toward himself, herself, or
19 another.
20 (6) A violation of an emergency order of protection
21 issued under Section 217 of the Illinois Domestic Violence
22 Act of 1986 or Section 112A-17 of the Code of Criminal
23 Procedure of 1963 or of an order of protection issued
24 under Section 214 of the Illinois Domestic Violence Act of
25 1986 or Section 112A-14 of the Code of Criminal Procedure
26 of 1963.
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1 (7) A pattern of violent acts or violent threats,
2 including, but not limited to, threats of violence or acts
3 of violence by the respondent directed toward himself,
4 herself, or another.
5 (f) At the hearing, the petitioner shall have the burden
6 of proving, by clear and convincing evidence, that the
7 respondent poses a significant danger of personal injury to
8 himself, herself, or another by having in his or her custody or
9 control, purchasing, possessing, or receiving a firearm,
10 ammunition, and firearm parts that could be assembled to make
11 an operable firearm.
12 (g) If the court finds that there is clear and convincing
13 evidence to issue a plenary firearms restraining order, the
14 court shall issue a firearms restraining order that shall be
15 in effect for up to one year, but not less than 6 months, 6
16 months subject to renewal under Section 45 of this Act or
17 termination under that Section.
18 (g-5) If the court issues a plenary 6-month firearms
19 restraining order, it shall, upon a finding of probable cause
20 that the respondent possesses firearms, ammunition, and
21 firearm parts that could be assembled to make an operable
22 firearm, issue a search warrant directing a law enforcement
23 agency to seize the respondent's firearms, ammunition, and
24 firearm parts that could be assembled to make an operable
25 firearm. The court may, as part of that warrant, direct the law
26 enforcement agency to search the respondent's residence and
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1 other places where the court finds there is probable cause to
2 believe he or she is likely to possess the firearms,
3 ammunition, and firearm parts that could be assembled to make
4 an operable firearm. A return of the search warrant shall be
5 filed by the law enforcement agency within 4 days thereafter,
6 setting forth the time, date, and location that the search
7 warrant was executed and what items, if any, were seized.
8 (h) A plenary 6-month firearms restraining order shall
9 require:
10 (1) the respondent to refrain from having in his or
11 her custody or control, purchasing, possessing, or
12 receiving additional firearms, ammunition, and firearm
13 parts that could be assembled to make an operable firearm
14 for the duration of the order under Section 8.2 of the
15 Firearm Owners Identification Card Act; and
16 (2) the respondent to comply with Section 9.5 of the
17 Firearm Owners Identification Card Act and subsection (g)
18 of Section 70 of the Firearm Concealed Carry Act.
19 (i) Except as otherwise provided in subsection (i-5) of
20 this Section, upon expiration of the period of safekeeping, if
21 the firearms, ammunition, and firearm parts that could be
22 assembled to make an operable firearm or Firearm Owner's
23 Identification Card cannot be returned to the respondent
24 because the respondent cannot be located, fails to respond to
25 requests to retrieve the firearms, ammunition, and firearm
26 parts that could be assembled to make an operable firearm, or
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1 is not lawfully eligible to possess a firearm, ammunition, and
2 firearm parts that could be assembled to make an operable
3 firearm, upon petition from the local law enforcement agency,
4 the court may order the local law enforcement agency to
5 destroy the firearms, ammunition, and firearm parts that could
6 be assembled to make an operable firearm, use the firearms,
7 ammunition, and firearm parts that could be assembled to make
8 an operable firearm for training purposes, or use the
9 firearms, ammunition, and firearm parts that could be
10 assembled to make an operable firearm for any other
11 application as deemed appropriate by the local law enforcement
12 agency.
13 (i-5) A respondent whose Firearm Owner's Identification
14 Card has been revoked or suspended may petition the court, if
15 the petitioner is present in court or has notice of the
16 respondent's petition, to transfer the respondent's firearm,
17 ammunition, and firearm parts that could be assembled to make
18 an operable firearm to a person who is lawfully able to possess
19 the firearm, ammunition, and firearm parts that could be
20 assembled to make an operable firearm if the person does not
21 reside at the same address as the respondent. Notice of the
22 petition shall be served upon the person protected by the
23 emergency firearms restraining order. While the order is in
24 effect, the transferee who receives the respondent's firearms,
25 ammunition, and firearm parts that could be assembled to make
26 an operable firearm must swear or affirm by affidavit that he
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1 or she shall not transfer the firearm, ammunition, and firearm
2 parts that could be assembled to make an operable firearm to
3 the respondent or to anyone residing in the same residence as
4 the respondent.
5 (i-6) If a person other than the respondent claims title
6 to any firearms, ammunition, and firearm parts that could be
7 assembled to make an operable firearm surrendered under this
8 Section, he or she may petition the court, if the petitioner is
9 present in court or has notice of the petition, to have the
10 firearm, ammunition, and firearm parts that could be assembled
11 to make an operable firearm returned to him or her. If the
12 court determines that person to be the lawful owner of the
13 firearm, ammunition, and firearm parts that could be assembled
14 to make an operable firearm, the firearm, ammunition, and
15 firearm parts that could be assembled to make an operable
16 firearm shall be returned to him or her, provided that:
17 (1) the firearm, ammunition, and firearm parts that
18 could be assembled to make an operable firearm are removed
19 from the respondent's custody, control, or possession and
20 the lawful owner agrees to store the firearm, ammunition,
21 and firearm parts that could be assembled to make an
22 operable firearm in a manner such that the respondent does
23 not have access to or control of the firearm, ammunition,
24 and firearm parts that could be assembled to make an
25 operable firearm; and
26 (2) the firearm, ammunition, and firearm parts that
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1 could be assembled to make an operable firearm are not
2 otherwise unlawfully possessed by the owner.
3 The person petitioning for the return of his or her
4 firearm, ammunition, and firearm parts that could be assembled
5 to make an operable firearm must swear or affirm by affidavit
6 that he or she: (i) is the lawful owner of the firearm,
7 ammunition, and firearm parts that could be assembled to make
8 an operable firearm; (ii) shall not transfer the firearm,
9 ammunition, and firearm parts that could be assembled to make
10 an operable firearm to the respondent; and (iii) will store
11 the firearm, ammunition, and firearm parts that could be
12 assembled to make an operable firearm in a manner that the
13 respondent does not have access to or control of the firearm,
14 ammunition, and firearm parts that could be assembled to make
15 an operable firearm.
16 (j) If the court does not issue a firearms restraining
17 order at the hearing, the court shall dissolve any emergency
18 firearms restraining order then in effect.
19 (k) When the court issues a firearms restraining order
20 under this Section, the court shall inform the respondent that
21 he or she is entitled to one hearing during the period of the
22 order to request a termination of the order, under Section 45
23 of this Act, and shall provide the respondent with a form to
24 request a hearing.
25 (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
26 102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.
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1 5-13-22; 102-1116, eff. 1-10-23.)
2 (430 ILCS 67/45)
3 Sec. 45. Termination and renewal.
4 (a) A person subject to a firearms restraining order
5 issued under this Act may submit one written request at any
6 time during the effective period of the order for a hearing to
7 terminate the order.
8 (1) The respondent shall have the burden of proving by
9 a preponderance of the evidence that the respondent does
10 not pose a danger of causing personal injury to himself,
11 herself, or another in the near future by having in his or
12 her custody or control, purchasing, possessing, or
13 receiving a firearm, ammunition, and firearm parts that
14 could be assembled to make an operable firearm.
15 (2) If the court finds after the hearing that the
16 respondent has met his or her burden, the court shall
17 terminate the order.
18 (b) A petitioner may request a renewal of a firearms
19 restraining order at any time within the 3 months before the
20 expiration of a firearms restraining order.
21 (1) A court shall, after notice and a hearing, renew a
22 firearms restraining order issued under this part if the
23 petitioner proves, by clear and convincing evidence, that
24 the respondent continues to pose a danger of causing
25 personal injury to himself, herself, or another in the
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1 near future by having in his or her custody or control,
2 purchasing, possessing, or receiving a firearm,
3 ammunition, and firearm parts that could be assembled to
4 make an operable firearm.
5 (2) In determining whether to renew a firearms
6 restraining order issued under this Act, the court shall
7 consider evidence of the facts identified in subsection
8 (e) of Section 40 of this Act and any other evidence of an
9 increased risk for violence.
10 (3) At the hearing, the petitioner shall have the
11 burden of proving by clear and convincing evidence that
12 the respondent continues to pose a danger of causing
13 personal injury to himself, herself, or another in the
14 near future by having in his or her custody or control,
15 purchasing, possessing, or receiving a firearm,
16 ammunition, and firearm parts that could be assembled to
17 make an operable firearm.
18 (4) The renewal of a firearms restraining order issued
19 under this Section shall be in effect for 6 months up to
20 one year and may be renewed for an additional period of up
21 to one year, subject to termination by further order of
22 the court at a hearing held under this Section and further
23 renewal by further order of the court under this Section.
24 (Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22;
25 102-1116, eff. 1-10-23.)
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1 (430 ILCS 67/55)
2 Sec. 55. Data maintenance by law enforcement agencies.
3 (a) All sheriffs shall furnish to the Illinois State
4 Police, daily, in the form and detail the Illinois State
5 Police requires, copies of any recorded firearms restraining
6 orders issued by the court, and any foreign orders of
7 protection filed by the clerk of the court, and transmitted to
8 the sheriff by the clerk of the court under Section 50. Each
9 firearms restraining order shall be entered in the Law
10 Enforcement Agencies Data System (LEADS) on the same day it is
11 issued by the court. If an emergency firearms restraining
12 order was issued in accordance with Section 35 of this Act, the
13 order shall be entered in the Law Enforcement Agencies Data
14 System (LEADS) as soon as possible after receipt from the
15 clerk.
16 (b) The Illinois State Police shall maintain a complete
17 and systematic record and index of all valid and recorded
18 firearms restraining orders issued or filed under this Act.
19 The data shall be used to inform all dispatchers and law
20 enforcement officers at the scene of a violation of a firearms
21 restraining order of the effective dates and terms of any
22 recorded order of protection.
23 (c) The data, records, and transmittals required under
24 this Section shall pertain to any valid emergency or plenary
25 6-month firearms restraining order, whether issued in a civil
26 or criminal proceeding or authorized under the laws of another
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1 state, tribe, or United States territory.
2 (Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21;
3 102-1116, eff. 1-10-23.)
4 Section 25. The Criminal Code of 2012 is amended by
5 changing Section 24-1 as follows:
6 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
7 Sec. 24-1. Unlawful use of weapons.
8 (a) A person commits the offense of unlawful use of
9 weapons when he knowingly:
10 (1) Sells, manufactures, purchases, possesses or
11 carries any bludgeon, black-jack, slung-shot, sand-club,
12 sand-bag, metal knuckles or other knuckle weapon
13 regardless of its composition, throwing star, or any
14 knife, commonly referred to as a switchblade knife, which
15 has a blade that opens automatically by hand pressure
16 applied to a button, spring or other device in the handle
17 of the knife, or a ballistic knife, which is a device that
18 propels a knifelike blade as a projectile by means of a
19 coil spring, elastic material or compressed gas; or
20 (2) Carries or possesses with intent to use the same
21 unlawfully against another, a dagger, dirk, billy,
22 dangerous knife, razor, stiletto, broken bottle or other
23 piece of glass, stun gun or taser or any other dangerous or
24 deadly weapon or instrument of like character; or
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1 (2.5) Carries or possesses with intent to use the same
2 unlawfully against another, any firearm in a church,
3 synagogue, mosque, or other building, structure, or place
4 used for religious worship; or
5 (3) Carries on or about his person or in any vehicle, a
6 tear gas gun projector or bomb or any object containing
7 noxious liquid gas or substance, other than an object
8 containing a non-lethal noxious liquid gas or substance
9 designed solely for personal defense carried by a person
10 18 years of age or older; or
11 (4) Carries or possesses in any vehicle or concealed
12 on or about his person except when on his land or in his
13 own abode, legal dwelling, or fixed place of business, or
14 on the land or in the legal dwelling of another person as
15 an invitee with that person's permission, any pistol,
16 revolver, stun gun or taser or other firearm, except that
17 this subsection (a) (4) does not apply to or affect
18 transportation of weapons that meet one of the following
19 conditions:
20 (i) are broken down in a non-functioning state; or
21 (ii) are not immediately accessible; or
22 (iii) are unloaded and enclosed in a case, firearm
23 carrying box, shipping box, or other container by a
24 person who has been issued a currently valid Firearm
25 Owner's Identification Card; or
26 (iv) are carried or possessed in accordance with
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1 the Firearm Concealed Carry Act by a person who has
2 been issued a currently valid license under the
3 Firearm Concealed Carry Act; or
4 (5) Sets a spring gun; or
5 (6) Possesses any device or attachment of any kind
6 designed, used or intended for use in silencing the report
7 of any firearm; or
8 (7) Sells, manufactures, purchases, possesses or
9 carries:
10 (i) a machine gun, which shall be defined for the
11 purposes of this subsection as any weapon, which
12 shoots, is designed to shoot, or can be readily
13 restored to shoot, automatically more than one shot
14 without manually reloading by a single function of the
15 trigger, including the frame or receiver of any such
16 weapon, or sells, manufactures, purchases, possesses,
17 or carries any combination of parts designed or
18 intended for use in converting any weapon into a
19 machine gun, or any combination or parts from which a
20 machine gun can be assembled if such parts are in the
21 possession or under the control of a person;
22 (ii) any rifle having one or more barrels less
23 than 16 inches in length or a shotgun having one or
24 more barrels less than 18 inches in length or any
25 weapon made from a rifle or shotgun, whether by
26 alteration, modification, or otherwise, if such a
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1 weapon as modified has an overall length of less than
2 26 inches; or
3 (iii) any bomb, bomb-shell, grenade, bottle or
4 other container containing an explosive substance of
5 over one-quarter ounce for like purposes, such as, but
6 not limited to, black powder bombs and Molotov
7 cocktails or artillery projectiles; or
8 (8) Carries or possesses any firearm, stun gun or
9 taser or other deadly weapon in any place which is
10 licensed to sell intoxicating beverages, or at any public
11 gathering held pursuant to a license issued by any
12 governmental body or any public gathering at which an
13 admission is charged, excluding a place where a showing,
14 demonstration or lecture involving the exhibition of
15 unloaded firearms is conducted.
16 This subsection (a)(8) does not apply to any auction
17 or raffle of a firearm held pursuant to a license or permit
18 issued by a governmental body, nor does it apply to
19 persons engaged in firearm safety training courses; or
20 (9) Carries or possesses in a vehicle or on or about
21 his or her person any pistol, revolver, stun gun or taser
22 or firearm or ballistic knife, when he or she is hooded,
23 robed or masked in such manner as to conceal his or her
24 identity; or
25 (10) Carries or possesses on or about his or her
26 person, upon any public street, alley, or other public
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1 lands within the corporate limits of a city, village, or
2 incorporated town, except when an invitee thereon or
3 therein, for the purpose of the display of such weapon or
4 the lawful commerce in weapons, or except when on his land
5 or in his or her own abode, legal dwelling, or fixed place
6 of business, or on the land or in the legal dwelling of
7 another person as an invitee with that person's
8 permission, any pistol, revolver, stun gun, or taser or
9 other firearm, except that this subsection (a) (10) does
10 not apply to or affect transportation of weapons that meet
11 one of the following conditions:
12 (i) are broken down in a non-functioning state; or
13 (ii) are not immediately accessible; or
14 (iii) are unloaded and enclosed in a case, firearm
15 carrying box, shipping box, or other container by a
16 person who has been issued a currently valid Firearm
17 Owner's Identification Card; or
18 (iv) are carried or possessed in accordance with
19 the Firearm Concealed Carry Act by a person who has
20 been issued a currently valid license under the
21 Firearm Concealed Carry Act.
22 A "stun gun or taser", as used in this paragraph (a)
23 means (i) any device which is powered by electrical
24 charging units, such as, batteries, and which fires one or
25 several barbs attached to a length of wire and which, upon
26 hitting a human, can send out a current capable of
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1 disrupting the person's nervous system in such a manner as
2 to render him incapable of normal functioning or (ii) any
3 device which is powered by electrical charging units, such
4 as batteries, and which, upon contact with a human or
5 clothing worn by a human, can send out current capable of
6 disrupting the person's nervous system in such a manner as
7 to render him incapable of normal functioning; or
8 (11) Sells, manufactures, delivers, imports,
9 possesses, or purchases any assault weapon attachment or
10 .50 caliber cartridge in violation of Section 24-1.9 or
11 any explosive bullet. For purposes of this paragraph (a)
12 "explosive bullet" means the projectile portion of an
13 ammunition cartridge which contains or carries an
14 explosive charge which will explode upon contact with the
15 flesh of a human or an animal. "Cartridge" means a tubular
16 metal case having a projectile affixed at the front
17 thereof and a cap or primer at the rear end thereof, with
18 the propellant contained in such tube between the
19 projectile and the cap; or
20 (12) (Blank); or
21 (13) Carries or possesses on or about his or her
22 person while in a building occupied by a unit of
23 government, a billy club, other weapon of like character,
24 or other instrument of like character intended for use as
25 a weapon. For the purposes of this Section, "billy club"
26 means a short stick or club commonly carried by police
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1 officers which is either telescopic or constructed of a
2 solid piece of wood or other man-made material; or
3 (14) Manufactures, possesses, sells, or offers to
4 sell, purchase, manufacture, import, transfer, or use any
5 device, part, kit, tool, accessory, or combination of
6 parts that is designed to and functions to increase the
7 rate of fire of a semiautomatic firearm above the standard
8 rate of fire for semiautomatic firearms that is not
9 equipped with that device, part, or combination of parts;
10 or
11 (15) Carries or possesses any assault weapon or .50
12 caliber rifle in violation of Section 24-1.9; or
13 (16) Manufactures, sells, delivers, imports, or
14 purchases any assault weapon or .50 caliber rifle in
15 violation of Section 24-1.9.
16 (b) Sentence. A person convicted of a violation of
17 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
18 subsection 24-1(a)(11), or subsection 24-1(a)(13), or
19 24-1(a)(15) commits a Class A misdemeanor. A person convicted
20 of a violation of subsection 24-1(a)(8) or 24-1(a)(9) commits
21 a Class 4 felony; a person convicted of a violation of
22 subsection 24-1(a)(6), or 24-1(a)(7)(ii), 24-1(a)(7)(iii), or
23 24-1(a)(16) or (iii) commits a Class 3 felony. A person
24 convicted of a violation of subsection 24-1(a)(7)(i) commits a
25 Class 2 felony and shall be sentenced to a term of imprisonment
26 of not less than 3 years and not more than 7 years, unless the
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1 weapon is possessed in the passenger compartment of a motor
2 vehicle as defined in Section 1-146 of the Illinois Vehicle
3 Code, or on the person, while the weapon is loaded, in which
4 case it shall be a Class X felony. A person convicted of a
5 second or subsequent violation of subsection 24-1(a)(4),
6 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10), or 24-1(a)(15) commits
7 a Class 3 felony. A person convicted of a violation of
8 subsection 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2
9 felony. The possession of each weapon or device in violation
10 of this Section constitutes a single and separate violation.
11 (c) Violations in specific places.
12 (1) A person who violates subsection 24-1(a)(6) or
13 24-1(a)(7) in any school, regardless of the time of day or
14 the time of year, in residential property owned, operated
15 or managed by a public housing agency or leased by a public
16 housing agency as part of a scattered site or mixed-income
17 development, in a public park, in a courthouse, on the
18 real property comprising any school, regardless of the
19 time of day or the time of year, on residential property
20 owned, operated or managed by a public housing agency or
21 leased by a public housing agency as part of a scattered
22 site or mixed-income development, on the real property
23 comprising any public park, on the real property
24 comprising any courthouse, in any conveyance owned, leased
25 or contracted by a school to transport students to or from
26 school or a school related activity, in any conveyance
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1 owned, leased, or contracted by a public transportation
2 agency, or on any public way within 1,000 feet of the real
3 property comprising any school, public park, courthouse,
4 public transportation facility, or residential property
5 owned, operated, or managed by a public housing agency or
6 leased by a public housing agency as part of a scattered
7 site or mixed-income development commits a Class 2 felony
8 and shall be sentenced to a term of imprisonment of not
9 less than 3 years and not more than 7 years.
10 (1.5) A person who violates subsection 24-1(a)(4),
11 24-1(a)(9), or 24-1(a)(10) in any school, regardless of
12 the time of day or the time of year, in residential
13 property owned, operated, or managed by a public housing
14 agency or leased by a public housing agency as part of a
15 scattered site or mixed-income development, in a public
16 park, in a courthouse, on the real property comprising any
17 school, regardless of the time of day or the time of year,
18 on residential property owned, operated, or managed by a
19 public housing agency or leased by a public housing agency
20 as part of a scattered site or mixed-income development,
21 on the real property comprising any public park, on the
22 real property comprising any courthouse, in any conveyance
23 owned, leased, or contracted by a school to transport
24 students to or from school or a school related activity,
25 in any conveyance owned, leased, or contracted by a public
26 transportation agency, or on any public way within 1,000
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1 feet of the real property comprising any school, public
2 park, courthouse, public transportation facility, or
3 residential property owned, operated, or managed by a
4 public housing agency or leased by a public housing agency
5 as part of a scattered site or mixed-income development
6 commits a Class 3 felony.
7 (2) A person who violates subsection 24-1(a)(1),
8 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
9 time of day or the time of year, in residential property
10 owned, operated or managed by a public housing agency or
11 leased by a public housing agency as part of a scattered
12 site or mixed-income development, in a public park, in a
13 courthouse, on the real property comprising any school,
14 regardless of the time of day or the time of year, on
15 residential property owned, operated or managed by a
16 public housing agency or leased by a public housing agency
17 as part of a scattered site or mixed-income development,
18 on the real property comprising any public park, on the
19 real property comprising any courthouse, in any conveyance
20 owned, leased or contracted by a school to transport
21 students to or from school or a school related activity,
22 in any conveyance owned, leased, or contracted by a public
23 transportation agency, or on any public way within 1,000
24 feet of the real property comprising any school, public
25 park, courthouse, public transportation facility, or
26 residential property owned, operated, or managed by a
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1 public housing agency or leased by a public housing agency
2 as part of a scattered site or mixed-income development
3 commits a Class 4 felony. "Courthouse" means any building
4 that is used by the Circuit, Appellate, or Supreme Court
5 of this State for the conduct of official business.
6 (3) Paragraphs (1), (1.5), and (2) of this subsection
7 (c) shall not apply to law enforcement officers or
8 security officers of such school, college, or university
9 or to students carrying or possessing firearms for use in
10 training courses, parades, hunting, target shooting on
11 school ranges, or otherwise with the consent of school
12 authorities and which firearms are transported unloaded
13 enclosed in a suitable case, box, or transportation
14 package.
15 (4) For the purposes of this subsection (c), "school"
16 means any public or private elementary or secondary
17 school, community college, college, or university.
18 (5) For the purposes of this subsection (c), "public
19 transportation agency" means a public or private agency
20 that provides for the transportation or conveyance of
21 persons by means available to the general public, except
22 for transportation by automobiles not used for conveyance
23 of the general public as passengers; and "public
24 transportation facility" means a terminal or other place
25 where one may obtain public transportation.
26 (d) The presence in an automobile other than a public
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1 omnibus of any weapon, instrument or substance referred to in
2 subsection (a)(7) is prima facie evidence that it is in the
3 possession of, and is being carried by, all persons occupying
4 such automobile at the time such weapon, instrument or
5 substance is found, except under the following circumstances:
6 (i) if such weapon, instrument or instrumentality is found
7 upon the person of one of the occupants therein; or (ii) if
8 such weapon, instrument or substance is found in an automobile
9 operated for hire by a duly licensed driver in the due, lawful
10 and proper pursuit of his or her trade, then such presumption
11 shall not apply to the driver.
12 (e) Exemptions.
13 (1) Crossbows, Common or Compound bows and Underwater
14 Spearguns are exempted from the definition of ballistic
15 knife as defined in paragraph (1) of subsection (a) of
16 this Section.
17 (2) The provision of paragraph (1) of subsection (a)
18 of this Section prohibiting the sale, manufacture,
19 purchase, possession, or carrying of any knife, commonly
20 referred to as a switchblade knife, which has a blade that
21 opens automatically by hand pressure applied to a button,
22 spring or other device in the handle of the knife, does not
23 apply to a person who possesses a currently valid Firearm
24 Owner's Identification Card previously issued in his or
25 her name by the Illinois State Police or to a person or an
26 entity engaged in the business of selling or manufacturing
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1 switchblade knives.
2 (Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21;
3 102-1116, eff. 1-10-23.)
4 (720 ILCS 5/24-1.9 rep.)
5 (720 ILCS 5/24-1.10 rep.)
6 Section 30. The Criminal Code of 2012 is amended by
7 repealing Sections 24-1.9 and 24-1.10.
8 Section 95. No acceleration or delay. Where this Act makes
9 changes in a statute that is represented in this Act by text
10 that is not yet or no longer in effect (for example, a Section
11 represented by multiple versions), the use of that text does
12 not accelerate or delay the taking effect of (i) the changes
13 made by this Act or (ii) provisions derived from any other
14 Public Act.
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