Sen. Dale A. Righter
Filed: 5/26/2017
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1 | AMENDMENT TO SENATE BILL 1038
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2 | AMENDMENT NO. ______. Amend Senate Bill 1038 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Firearm Concealed Carry Act is amended by | ||||||
5 | changing Sections 10, 15, 20, 55, and 87 as follows: | ||||||
6 | (430 ILCS 66/10)
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7 | Sec. 10. Issuance of licenses to carry a concealed firearm. | ||||||
8 | (a) The Department shall issue a license to carry a | ||||||
9 | concealed firearm under this Act to an applicant who: | ||||||
10 | (1) meets the qualifications of Section 25 of this Act; | ||||||
11 | (2) has provided the application and documentation | ||||||
12 | required in Section 30 of this Act; | ||||||
13 | (3) has submitted the requisite fees; and | ||||||
14 | (4) does not pose a danger to himself, herself, or | ||||||
15 | others, or a threat to public safety as determined by the | ||||||
16 | Concealed Carry Licensing Review Board in accordance with |
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1 | Section 20. | ||||||
2 | (b) The Department shall issue a renewal, corrected, or | ||||||
3 | duplicate license as provided in this Act. | ||||||
4 | (c) A license shall be valid throughout the State for a | ||||||
5 | period of 5 years from the date of issuance. A license shall | ||||||
6 | permit the licensee to: | ||||||
7 | (1) carry a loaded or unloaded concealed firearm, fully | ||||||
8 | concealed or partially concealed, on or about his or her | ||||||
9 | person; and
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10 | (2) keep or carry a loaded or unloaded concealed | ||||||
11 | firearm on or about his or her person within a vehicle. | ||||||
12 | (d) The Department shall make applications for a license | ||||||
13 | available no later than 180 days after the effective date of | ||||||
14 | this Act. The Department shall establish rules for the | ||||||
15 | availability and submission of applications in accordance with | ||||||
16 | this Act. | ||||||
17 | (e) An application for a license submitted to the | ||||||
18 | Department that contains all the information and materials | ||||||
19 | required by this Act, including the requisite fee, shall be | ||||||
20 | deemed completed. Except as otherwise provided in this Act, no | ||||||
21 | later than 90 days after receipt of a completed application, | ||||||
22 | the Department shall issue or deny the applicant a license. | ||||||
23 | (f) The Department shall deny the applicant a license if | ||||||
24 | the applicant fails to meet the requirements under this Act or | ||||||
25 | the Department receives a determination from the Board that the | ||||||
26 | applicant is ineligible for a license. The Department must |
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1 | notify the applicant stating the grounds for the denial. The | ||||||
2 | notice of denial must inform the applicant of his or her right | ||||||
3 | to an appeal through administrative or de novo and judicial | ||||||
4 | review. | ||||||
5 | (g) A licensee shall possess a license at all times the | ||||||
6 | licensee carries a concealed firearm except: | ||||||
7 | (1) when the licensee is carrying or possessing a | ||||||
8 | concealed firearm on his or her land or in his or her | ||||||
9 | abode, legal dwelling, or fixed place of business, or on | ||||||
10 | the land or in the legal dwelling of another person as an | ||||||
11 | invitee with that person's permission; | ||||||
12 | (2) when the person is authorized to carry a firearm | ||||||
13 | under Section 24-2 of the Criminal Code of 2012, except | ||||||
14 | subsection (a-5) of that Section; or | ||||||
15 | (3) when the handgun is broken down in a | ||||||
16 | non-functioning state, is not immediately accessible, or | ||||||
17 | is unloaded and enclosed in a case. | ||||||
18 | (h) If an officer of a law enforcement agency initiates an | ||||||
19 | investigative stop, including but not limited to a traffic | ||||||
20 | stop, of a licensee or a non-resident carrying a concealed | ||||||
21 | firearm under subsection (e) of
Section 40 of this Act, upon | ||||||
22 | the request of the officer the licensee or non-resident shall | ||||||
23 | disclose to the officer that he or she is in possession of a | ||||||
24 | concealed firearm under this Act, or present the license upon | ||||||
25 | the request of the officer if he or she is a licensee or | ||||||
26 | present upon the request of the officer evidence
under |
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1 | paragraph (2) of subsection (e) of Section 40 of this Act that | ||||||
2 | he or she is a non-resident qualified to carry
under that | ||||||
3 | subsection. The disclosure requirement under this subsection | ||||||
4 | (h) is satisfied if the licensee presents his or her license to | ||||||
5 | the officer or the non-resident presents to the officer | ||||||
6 | evidence under paragraph (2) of subsection (e) of Section 40 of | ||||||
7 | this Act that he or she is qualified to carry under that | ||||||
8 | subsection. Upon the request of the officer, the licensee or | ||||||
9 | non-resident shall also identify the location of the concealed | ||||||
10 | firearm and permit the officer to safely secure the firearm for | ||||||
11 | the duration of the investigative stop. During a traffic stop, | ||||||
12 | any
passenger within the vehicle who is a licensee or a | ||||||
13 | non-resident carrying under subsection (e) of
Section 40 of | ||||||
14 | this Act must comply with the requirements of this subsection | ||||||
15 | (h). | ||||||
16 | (h-1) If a licensee carrying a firearm or a non-resident | ||||||
17 | carrying a firearm in a vehicle under subsection (e) of Section | ||||||
18 | 40 of this Act is contacted by a law enforcement officer or | ||||||
19 | emergency
services personnel, the law enforcement officer or | ||||||
20 | emergency services personnel may secure the firearm
or direct | ||||||
21 | that it be secured during the duration of the contact if the | ||||||
22 | law enforcement officer or emergency
services personnel | ||||||
23 | determines that it is necessary for the safety of any person
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24 | present, including the law enforcement officer or emergency | ||||||
25 | services personnel. The licensee or nonresident
shall submit to | ||||||
26 | the order to secure the firearm. When the law enforcement |
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1 | officer or emergency services
personnel have determined that | ||||||
2 | the licensee or non-resident is not a threat to
the safety of | ||||||
3 | any person present, including the law enforcement officer or | ||||||
4 | emergency services personnel, and
if the licensee or | ||||||
5 | non-resident is physically and mentally capable of
possessing | ||||||
6 | the firearm, the law enforcement officer or emergency services | ||||||
7 | personnel shall return the
firearm to the licensee or | ||||||
8 | non-resident before releasing him or her from the
scene and | ||||||
9 | breaking contact. If the licensee or non-resident is | ||||||
10 | transported for
treatment to another location, the firearm | ||||||
11 | shall be turned over to any peace
officer. The peace officer | ||||||
12 | shall provide a receipt which includes the make,
model, | ||||||
13 | caliber, and serial number of the firearm. | ||||||
14 | (i) The Department shall maintain a database of license | ||||||
15 | applicants and licensees. The database shall be available to | ||||||
16 | all federal, State, and local law enforcement agencies, State's | ||||||
17 | Attorneys, the Attorney General, and authorized court | ||||||
18 | personnel. Within 180 days after the effective date of this | ||||||
19 | Act, the database shall be searchable and provide all | ||||||
20 | information included in the application, including the | ||||||
21 | applicant's previous addresses within the 10 years prior to the | ||||||
22 | license application and any information related to violations | ||||||
23 | of this Act. No law enforcement agency, State's Attorney, | ||||||
24 | Attorney General, or member or staff of the judiciary shall | ||||||
25 | provide any information to a requester who is not entitled to | ||||||
26 | it by law. |
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1 | (j) No later than 10 days after receipt of a completed | ||||||
2 | application, the Department shall enter the relevant | ||||||
3 | information about the applicant into the database under | ||||||
4 | subsection (i) of this Section which is accessible by law | ||||||
5 | enforcement agencies.
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6 | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29, | ||||||
7 | eff. 7-10-15.) | ||||||
8 | (430 ILCS 66/15)
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9 | Sec. 15. Objections by law enforcement agencies. | ||||||
10 | (a) Any law enforcement agency may submit an objection to a | ||||||
11 | license applicant based upon a reasonable suspicion that the | ||||||
12 | applicant is a danger to himself or herself or others, or a | ||||||
13 | threat to public safety. The objection shall be made by the | ||||||
14 | chief law enforcement officer of the law enforcement agency, or | ||||||
15 | his or her designee, and must include any information relevant | ||||||
16 | to the objection. Objections previously filed against an | ||||||
17 | applicant shall not be considered as a basis for an objection | ||||||
18 | for renewal of a concealed carry license unless another | ||||||
19 | incident has occurred since the license applicant's last review | ||||||
20 | by the Board. A law enforcement agency that submits an | ||||||
21 | objection to a license applicant to the Department may withdraw | ||||||
22 | the objection before it is submitted to the Board. If a law | ||||||
23 | enforcement agency submits an objection within 30 days after | ||||||
24 | the entry of an applicant into the database, the Department | ||||||
25 | shall submit the objection , unless withdrawn or rejected as |
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1 | provided for in this Section, and all information available to | ||||||
2 | the Board under State and federal law related to the | ||||||
3 | application to the Board within 10 days of completing all | ||||||
4 | necessary background checks and any verification performed by | ||||||
5 | the Department . The Department may review and verify a law | ||||||
6 | enforcement agency objection to a license applicant before the | ||||||
7 | Department's submission of the objection to the Board. Any | ||||||
8 | verification shall determine: (i) if the requirements under | ||||||
9 | this Act for the submission of an objection by a law | ||||||
10 | enforcement agency has been met, (ii) that the objection has | ||||||
11 | been filed against the proper person, and (iii) that | ||||||
12 | information relevant to the objection has been included. A law | ||||||
13 | enforcement agency objection that fails this verification | ||||||
14 | shall be returned to the objecting law enforcement agency and | ||||||
15 | the law enforcement agency shall have 30 calendar days after | ||||||
16 | receiving notification from the Department to submit the | ||||||
17 | required information, provide the Department a response, or | ||||||
18 | withdraw the objection. If the objecting law enforcement agency | ||||||
19 | fails to respond within 30 calendar days, the Department shall | ||||||
20 | reject the objection and process the application. | ||||||
21 | (b) If an applicant has 5 or more arrests for any reason, | ||||||
22 | that have been entered into the Criminal History Records | ||||||
23 | Information (CHRI) System, within the 7 years preceding the | ||||||
24 | date of application for a license, or has 3 or more arrests | ||||||
25 | within the 7 years preceding the date of application for a | ||||||
26 | license for any combination of gang-related offenses, the |
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1 | Department shall object and submit the applicant's arrest | ||||||
2 | record to the extent the Board is allowed to receive that | ||||||
3 | information under State and federal law, the application | ||||||
4 | materials, and any additional information submitted by a law | ||||||
5 | enforcement agency to the Board. For purposes of this | ||||||
6 | subsection, "gang-related offense" is an offense described in | ||||||
7 | Section 12-6.4, Section 24-1.8, Section 25-5, Section 33-4, or | ||||||
8 | Section 33G-4, or in paragraph (1) of subsection (a) of Section | ||||||
9 | 12-6.2, paragraph (2) of subsection (b) of Section 16-30, | ||||||
10 | paragraph (2) of subsection (b) of Section 31-4, or item (iii) | ||||||
11 | of paragraph (1.5) of subsection (i) of Section 48-1 of the | ||||||
12 | Criminal Code of 2012. | ||||||
13 | (c) The referral of an objection under this Section to the | ||||||
14 | Board shall toll the 90-day period for the Department to issue | ||||||
15 | or deny the applicant a license under subsection (e) of Section | ||||||
16 | 10 of this Act, during the period of review and until the Board | ||||||
17 | issues its decision. | ||||||
18 | (c-5) If a law enforcement agency submits an erroneous | ||||||
19 | objection or decides to withdraw an objection, the law | ||||||
20 | enforcement agency shall notify the Department immediately and | ||||||
21 | the objection shall be considered null and void. The Department | ||||||
22 | shall notify the Board that the objection has been rescinded | ||||||
23 | and the application shall be returned to the Department for | ||||||
24 | completion of the application process. | ||||||
25 | (d) If no objection is made by a law enforcement agency or | ||||||
26 | the Department under this Section, the Department shall process |
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1 | the application in accordance with this Act.
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2 | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.) | ||||||
3 | (430 ILCS 66/20)
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4 | Sec. 20. Concealed Carry Licensing Review Board. | ||||||
5 | (a) There is hereby created within the Department of State | ||||||
6 | Police a Concealed Carry Licensing Review Board to consider any | ||||||
7 | objection to an applicant's eligibility to obtain a license | ||||||
8 | under this Act submitted by a law enforcement agency or the | ||||||
9 | Department under Section 15 of this Act. The Board shall | ||||||
10 | consist of 7 commissioners to be appointed by the Governor, | ||||||
11 | with the advice and consent of the Senate, with 3 commissioners | ||||||
12 | residing within the First Judicial District and one | ||||||
13 | commissioner residing within each of the 4 remaining Judicial | ||||||
14 | Districts. No more than 4 commissioners shall be members of the | ||||||
15 | same political party. The Governor shall designate one | ||||||
16 | commissioner as the Chairperson. The Board shall consist of: | ||||||
17 | (1) one commissioner with at least 5 years of service | ||||||
18 | as a federal judge; | ||||||
19 | (2) 2 commissioners with at least 5 years of experience | ||||||
20 | serving as an attorney with the United States Department of | ||||||
21 | Justice; | ||||||
22 | (3) 3 commissioners with at least 5 years of experience | ||||||
23 | as a federal agent or employee with investigative | ||||||
24 | experience or duties related to criminal justice under the | ||||||
25 | United States Department of Justice, Drug Enforcement |
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1 | Administration, Department of Homeland Security, or | ||||||
2 | Federal Bureau of Investigation; and | ||||||
3 | (4) one member with at least 5 years of experience as a | ||||||
4 | licensed physician or clinical psychologist with expertise | ||||||
5 | in the diagnosis and treatment of mental illness. | ||||||
6 | (b) The initial terms of the commissioners shall end on | ||||||
7 | January 12, 2015. Thereafter, the commissioners shall hold | ||||||
8 | office for 4 years, with terms expiring on the second Monday in | ||||||
9 | January of the fourth year. Commissioners may be reappointed. | ||||||
10 | Vacancies in the office of commissioner shall be filled in the | ||||||
11 | same manner as the original appointment, for the remainder of | ||||||
12 | the unexpired term. The Governor may remove a commissioner for | ||||||
13 | incompetence, neglect of duty, malfeasance, or inability to | ||||||
14 | serve. Commissioners shall receive compensation in an amount | ||||||
15 | equal to the compensation of members of the Executive Ethics | ||||||
16 | Commission and may be reimbursed for reasonable expenses | ||||||
17 | actually incurred in the performance of their Board duties, | ||||||
18 | from funds appropriated for that purpose. | ||||||
19 | (c) The Board shall meet at the call of the chairperson as | ||||||
20 | often as necessary to consider objections to applications for a | ||||||
21 | license under this Act. If necessary to ensure the | ||||||
22 | participation of a commissioner, the Board shall allow a | ||||||
23 | commissioner to participate in a Board meeting by electronic | ||||||
24 | communication. Any commissioner participating electronically | ||||||
25 | shall be deemed present for purposes of establishing a quorum | ||||||
26 | and voting. |
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1 | (d) The Board shall adopt rules for the review of | ||||||
2 | objections and the conduct of hearings , including minimum | ||||||
3 | standards for information required to file with an objection . | ||||||
4 | The Board shall maintain a record of its decisions and all | ||||||
5 | materials considered in making its decisions. All Board | ||||||
6 | decisions and voting records shall be kept confidential and all | ||||||
7 | materials considered by the Board shall be exempt from | ||||||
8 | inspection except upon order of a court. | ||||||
9 | (d-5) Immediately upon the receipt from the Department of | ||||||
10 | notice of an objection, the Board shall notify the applicant of | ||||||
11 | the referral of the application to the Board and that the | ||||||
12 | 90-day period for the Department to issue or deny a license has | ||||||
13 | been tolled. The notification of referral shall include the | ||||||
14 | identity of the law enforcement agency submitting the objection | ||||||
15 | and any detailed narrative upon which the objection is based. | ||||||
16 | The Department may, however, exclude or redact information that | ||||||
17 | may be confidential or which may impair or compromise an | ||||||
18 | ongoing investigation. Notification to the applicant shall be | ||||||
19 | by mail and the applicant's online application page. The | ||||||
20 | notification of the referral shall inform the applicant of his | ||||||
21 | or her right to submit a written statement to the Board on his | ||||||
22 | or her behalf. The applicant's statement may include any | ||||||
23 | documents that the applicant believes will clarify or | ||||||
24 | substantiate the applicant's statement. This statement may be | ||||||
25 | submitted by mail, email, or the applicant's online application | ||||||
26 | page. The applicant shall have 45 days from the date the |
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1 | notification of the referral to the Board is sent to submit a | ||||||
2 | statement. However, the applicant need not respond within 45 | ||||||
3 | days if the applicant notifies the Board that an additional 45 | ||||||
4 | days are needed to respond. An applicant shall have a maximum | ||||||
5 | of 90 days in which to respond. If an applicant fails to | ||||||
6 | respond within the 90-day period, the applicant shall be deemed | ||||||
7 | to have waived his or her right to respond. | ||||||
8 | (e) In considering an objection of a law enforcement agency | ||||||
9 | or the Department, the Board shall review the materials | ||||||
10 | received with the objection from the law enforcement agency or | ||||||
11 | the Department. By a vote of at least 4 commissioners, the | ||||||
12 | Board may request additional information from the law | ||||||
13 | enforcement agency, Department, or the applicant, or the | ||||||
14 | testimony of the law enforcement agency, Department, or the | ||||||
15 | applicant. The Board may require that the applicant submit | ||||||
16 | electronic fingerprints to the Department for an updated | ||||||
17 | background check where the Board determines it lacks sufficient | ||||||
18 | information to determine eligibility. The Board may only | ||||||
19 | consider information submitted by the Department, a law | ||||||
20 | enforcement agency, or the applicant. The Board shall review | ||||||
21 | each objection and determine by a majority of commissioners | ||||||
22 | whether an applicant is eligible for a license. | ||||||
23 | (f) The Board shall issue a decision within 30 days of | ||||||
24 | receipt of the objection from the Department. However, the | ||||||
25 | Board need not issue a decision within 30 days if: | ||||||
26 | (1) the Board requests information from the applicant, |
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1 | including but not limited to electronic fingerprints to be | ||||||
2 | submitted to the Department, in accordance with subsection | ||||||
3 | (e) of this Section, in which case the Board shall make a | ||||||
4 | decision within 30 days of receipt of the required | ||||||
5 | information from the applicant; | ||||||
6 | (2) the applicant agrees, in writing, to allow the | ||||||
7 | Board additional time to consider an objection; or | ||||||
8 | (3) the Board notifies the applicant and the Department | ||||||
9 | that the Board needs an additional 30 days to issue a | ||||||
10 | decision. | ||||||
11 | (f-5) The Board's request for an additional 30 days to | ||||||
12 | issue a decision shall be limited to one 30-day period. | ||||||
13 | (g) If the Board determines by a preponderance of the | ||||||
14 | evidence that the applicant poses a danger to himself or | ||||||
15 | herself or others, or is a threat to public safety, then the | ||||||
16 | Board shall affirm the objection of the law enforcement agency | ||||||
17 | or the Department and shall notify the Department that the | ||||||
18 | applicant is ineligible for a license. If the Board does not | ||||||
19 | determine by a preponderance of the evidence that the applicant | ||||||
20 | poses a danger to himself or herself or others, or is a threat | ||||||
21 | to public safety, then the Board shall notify the Department | ||||||
22 | that the applicant is eligible for a license. | ||||||
23 | (h) Meetings of the Board shall not be subject to the Open | ||||||
24 | Meetings Act and records of the Board shall not be subject to | ||||||
25 | the Freedom of Information Act. | ||||||
26 | (i) The Board shall report monthly to the Governor and the |
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1 | General Assembly on the number of objections received and | ||||||
2 | provide details of the circumstances in which the Board has | ||||||
3 | determined to deny licensure based on law enforcement or | ||||||
4 | Department objections under Section 15 of this Act. The report | ||||||
5 | shall not contain any identifying information about the | ||||||
6 | applicants.
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7 | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.) | ||||||
8 | (430 ILCS 66/55)
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9 | Sec. 55. Change of address or name; lost, destroyed, or | ||||||
10 | stolen licenses. | ||||||
11 | (a) A licensee shall notify the Department within 30 days | ||||||
12 | of moving or changing residence or any change of name. The | ||||||
13 | licensee shall submit the requisite fee and the Department may | ||||||
14 | require a notarized statement that the licensee has
changed his | ||||||
15 | or her residence or his or her name, including the prior and | ||||||
16 | current address or name and the date the applicant moved or | ||||||
17 | changed his or her name. | ||||||
18 | (b) A licensee shall notify the Department within 10 days | ||||||
19 | of discovering that a license has been lost, destroyed, or | ||||||
20 | stolen. A lost, destroyed, or stolen license is invalid. To | ||||||
21 | request a replacement license, the licensee shall submit: | ||||||
22 | (1) a notarized statement that the licensee no longer | ||||||
23 | possesses the license, and that it was lost, destroyed, or | ||||||
24 | stolen; | ||||||
25 | (2) if applicable, a copy of a police report stating |
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1 | that the license was stolen; and | ||||||
2 | (3) the requisite fee. | ||||||
3 | (b-5) The Department shall provide confirmation that a | ||||||
4 | request has been submitted for a replacement of a lost, | ||||||
5 | destroyed, or stolen license which shall serve in a place of | ||||||
6 | the license until a replacement is issued. | ||||||
7 | (c) A violation of this Section is a petty offense with a | ||||||
8 | fine of $150 which shall be deposited into the Mental Health | ||||||
9 | Reporting Fund.
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10 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.) | ||||||
11 | (430 ILCS 66/87)
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12 | Sec. 87. Administrative and judicial review. | ||||||
13 | (a) Whenever an application for a concealed carry license | ||||||
14 | is denied, whenever the Department fails to act on an | ||||||
15 | application
within 90 days of its receipt, or whenever a | ||||||
16 | license is revoked or suspended as provided in this Act, the | ||||||
17 | aggrieved party may
appeal
to the Director for a hearing upon
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18 | the denial, revocation, suspension, or failure to act on the | ||||||
19 | application, unless the denial
was made by the Concealed Carry | ||||||
20 | Licensing Review Board, in which case the
aggrieved party may | ||||||
21 | petition the circuit court in writing in the county of
his or | ||||||
22 | her residence for a hearing upon the denial. The Director shall | ||||||
23 | have 45 days after the submission of an applicant's request for | ||||||
24 | a hearing to hold the hearing and 15 days after the hearing to | ||||||
25 | make a final administrative decision. |
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1 | (b) All final administrative decisions of the Department or | ||||||
2 | the Concealed Carry Licensing Review Board under this
Act shall | ||||||
3 | be subject to judicial review under the provisions of the | ||||||
4 | Administrative
Review Law , unless the denial by the Board was | ||||||
5 | based on the mental condition or possible intellectual | ||||||
6 | disability of the applicant, in which case an appeal of the | ||||||
7 | denial shall be subject to de novo judicial review by the | ||||||
8 | circuit court. In this case, a party may offer evidence that is | ||||||
9 | otherwise proper and admissible without regard to whether that | ||||||
10 | evidence is a part of the administrative record . The term
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11 | "administrative decision" is defined as in Section 3-101 of the | ||||||
12 | Code of
Civil Procedure.
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13 | (Source: P.A. 98-63, eff. 7-9-13.)".
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