|
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB4218 Introduced , by Rep. Barbara Wheeler SYNOPSIS AS INTRODUCED: |
|
430 ILCS 65/1.1 | from Ch. 38, par. 83-1.1 |
|
Amends the Firearm Owners Identification Card Act. Defines "patient" for purposes of the Act as a person who: is admitted as an in-patient or resident of a public or private mental health facility for mental health treatment under the Mental Health and Developmental Disabilities Code as an informal admission, a voluntary admission, a minor admission, an emergency admission, or an involuntary admission; or is otherwise provided mental health treatment as an in-patient or resident by a public or private mental health facility, unless the treatment was solely for an alcohol abuse disorder and no other secondary substance abuse disorder or mental illness; or a person who voluntarily or involuntarily receives mental health treatment as an out-patient or is otherwise provided services by a public or private mental health facility, and who poses a clear and present danger to himself, herself, or to others.
|
| |
| | A BILL FOR |
|
|
| | HB4218 | | LRB100 16482 SLF 31613 b |
|
|
1 | | AN ACT concerning safety.
|
2 | | Be it enacted by the People of the State of Illinois,
|
3 | | represented in the General Assembly:
|
4 | | Section 5. The Firearm Owners Identification Card Act is |
5 | | amended by changing Section 1.1 as follows:
|
6 | | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
|
7 | | Sec. 1.1. For purposes of this Act:
|
8 | | "Addicted to narcotics" means a person who has been: |
9 | | (1) convicted of an offense involving the use or |
10 | | possession of cannabis, a controlled substance, or |
11 | | methamphetamine within the past year; or |
12 | | (2) determined by the Department of State Police to be |
13 | | addicted to narcotics based upon federal law or federal |
14 | | guidelines. |
15 | | "Addicted to narcotics" does not include possession or use |
16 | | of a prescribed controlled substance under the direction and |
17 | | authority of a physician or other person authorized to |
18 | | prescribe the controlled substance when the controlled |
19 | | substance is used in the prescribed manner. |
20 | | "Adjudicated as a person with a mental disability" means |
21 | | the person is the subject of a determination by a court, board, |
22 | | commission or other lawful authority that the person, as a |
23 | | result of marked subnormal intelligence, or mental illness, |
|
| | HB4218 | - 2 - | LRB100 16482 SLF 31613 b |
|
|
1 | | mental impairment, incompetency, condition, or disease: |
2 | | (1) presents a clear and present danger to himself, |
3 | | herself, or to others; |
4 | | (2) lacks the mental capacity to manage his or her own |
5 | | affairs or is adjudicated a person with a disability as |
6 | | defined in Section 11a-2 of the Probate Act of 1975; |
7 | | (3) is not guilty in a criminal case by reason of |
8 | | insanity, mental disease or defect; |
9 | | (3.5) is guilty but mentally ill, as provided in |
10 | | Section 5-2-6 of the Unified Code of Corrections; |
11 | | (4) is incompetent to stand trial in a criminal case; |
12 | | (5) is not guilty by reason of lack of mental |
13 | | responsibility under Articles 50a and 72b of the Uniform |
14 | | Code of Military Justice, 10 U.S.C. 850a, 876b;
|
15 | | (6) is a sexually violent person under subsection (f) |
16 | | of Section 5 of the Sexually Violent Persons Commitment |
17 | | Act; |
18 | | (7) is a sexually dangerous person under the Sexually |
19 | | Dangerous Persons Act; |
20 | | (8) is unfit to stand trial under the Juvenile Court |
21 | | Act of 1987; |
22 | | (9) is not guilty by reason of insanity under the |
23 | | Juvenile Court Act of 1987; |
24 | | (10) is subject to involuntary admission as an |
25 | | inpatient as defined in Section 1-119 of the Mental Health |
26 | | and Developmental Disabilities Code; |
|
| | HB4218 | - 3 - | LRB100 16482 SLF 31613 b |
|
|
1 | | (11) is subject to involuntary admission as an |
2 | | outpatient as defined in Section 1-119.1 of the Mental |
3 | | Health and Developmental Disabilities Code; |
4 | | (12) is subject to judicial admission as set forth in |
5 | | Section 4-500 of the Mental Health and Developmental |
6 | | Disabilities Code; or |
7 | | (13) is subject to the provisions of the Interstate |
8 | | Agreements on Sexually Dangerous Persons Act. |
9 | | "Clear and present danger" means a person who: |
10 | | (1) communicates a serious threat of physical violence |
11 | | against a reasonably identifiable victim or poses a clear |
12 | | and imminent risk of serious physical injury to himself, |
13 | | herself, or another person as determined by a physician, |
14 | | clinical psychologist, or qualified examiner; or |
15 | | (2) demonstrates threatening physical or verbal |
16 | | behavior, such as violent, suicidal, or assaultive |
17 | | threats, actions, or other behavior, as determined by a |
18 | | physician, clinical psychologist, qualified examiner, |
19 | | school administrator, or law enforcement official. |
20 | | "Clinical psychologist" has the meaning provided in |
21 | | Section 1-103 of the Mental Health and Developmental |
22 | | Disabilities Code. |
23 | | "Controlled substance" means a controlled substance or |
24 | | controlled substance analog as defined in the Illinois |
25 | | Controlled Substances Act. |
26 | | "Counterfeit" means to copy or imitate, without legal |
|
| | HB4218 | - 4 - | LRB100 16482 SLF 31613 b |
|
|
1 | | authority, with
intent
to deceive. |
2 | | "Federally licensed firearm dealer" means a person who is |
3 | | licensed as a federal firearms dealer under Section 923 of the |
4 | | federal Gun Control Act of 1968 (18 U.S.C. 923).
|
5 | | "Firearm" means any device, by
whatever name known, which |
6 | | is designed to expel a projectile or projectiles
by the action |
7 | | of an explosion, expansion of gas or escape of gas; excluding,
|
8 | | however:
|
9 | | (1) any pneumatic gun, spring gun, paint ball gun, or |
10 | | B-B gun which
expels a single globular projectile not |
11 | | exceeding .18 inch in
diameter or which has a maximum |
12 | | muzzle velocity of less than 700 feet
per second;
|
13 | | (1.1) any pneumatic gun, spring gun, paint ball gun, or |
14 | | B-B gun which expels breakable paint balls containing |
15 | | washable marking colors; |
16 | | (2) any device used exclusively for signalling or |
17 | | safety and required or
recommended by the United States |
18 | | Coast Guard or the Interstate Commerce
Commission;
|
19 | | (3) any device used exclusively for the firing of stud |
20 | | cartridges,
explosive rivets or similar industrial |
21 | | ammunition; and
|
22 | | (4) an antique firearm (other than a machine-gun) |
23 | | which, although
designed as a weapon, the Department of |
24 | | State Police finds by reason of
the date of its |
25 | | manufacture, value, design, and other characteristics is
|
26 | | primarily a collector's item and is not likely to be used |
|
| | HB4218 | - 5 - | LRB100 16482 SLF 31613 b |
|
|
1 | | as a weapon.
|
2 | | "Firearm ammunition" means any self-contained cartridge or |
3 | | shotgun
shell, by whatever name known, which is designed to be |
4 | | used or adaptable to
use in a firearm; excluding, however:
|
5 | | (1) any ammunition exclusively designed for use with a |
6 | | device used
exclusively for signalling or safety and |
7 | | required or recommended by the
United States Coast Guard or |
8 | | the Interstate Commerce Commission; and
|
9 | | (2) any ammunition designed exclusively for use with a |
10 | | stud or rivet
driver or other similar industrial |
11 | | ammunition. |
12 | | "Gun show" means an event or function: |
13 | | (1) at which the sale and transfer of firearms is the |
14 | | regular and normal course of business and where 50 or more |
15 | | firearms are displayed, offered, or exhibited for sale, |
16 | | transfer, or exchange; or |
17 | | (2) at which not less than 10 gun show vendors display, |
18 | | offer, or exhibit for sale, sell, transfer, or exchange |
19 | | firearms.
|
20 | | "Gun show" includes the entire premises provided for an |
21 | | event or function, including parking areas for the event or |
22 | | function, that is sponsored to facilitate the purchase, sale, |
23 | | transfer, or exchange of firearms as described in this Section.
|
24 | | Nothing in this definition shall be construed to exclude a gun |
25 | | show held in conjunction with competitive shooting events at |
26 | | the World Shooting Complex sanctioned by a national governing |
|
| | HB4218 | - 6 - | LRB100 16482 SLF 31613 b |
|
|
1 | | body in which the sale or transfer of firearms is authorized |
2 | | under subparagraph (5) of paragraph (g) of subsection (A) of |
3 | | Section 24-3 of the Criminal Code of 2012. |
4 | | Unless otherwise expressly stated, "gun show" does not |
5 | | include training or safety classes, competitive shooting |
6 | | events, such as rifle, shotgun, or handgun matches, trap, |
7 | | skeet, or sporting clays shoots, dinners, banquets, raffles, or
|
8 | | any other event where the sale or transfer of firearms is not |
9 | | the primary course of business. |
10 | | "Gun show promoter" means a person who organizes or |
11 | | operates a gun show. |
12 | | "Gun show vendor" means a person who exhibits, sells, |
13 | | offers for sale, transfers, or exchanges any firearms at a gun |
14 | | show, regardless of whether the person arranges with a gun show |
15 | | promoter for a fixed location from which to exhibit, sell, |
16 | | offer for sale, transfer, or exchange any firearm. |
17 | | "Involuntarily admitted" has the meaning as prescribed in |
18 | | Sections 1-119 and 1-119.1 of the Mental Health and |
19 | | Developmental Disabilities Code. |
20 | | "Mental health facility" means any licensed private |
21 | | hospital or hospital affiliate, institution, or facility, or |
22 | | part thereof, and any facility, or part thereof, operated by |
23 | | the State or a political subdivision thereof which provide |
24 | | treatment of persons with mental illness and includes all |
25 | | hospitals, institutions, clinics, evaluation facilities, |
26 | | mental health centers, colleges, universities, long-term care |
|
| | HB4218 | - 7 - | LRB100 16482 SLF 31613 b |
|
|
1 | | facilities, and nursing homes, or parts thereof, which provide |
2 | | treatment of persons with mental illness whether or not the |
3 | | primary purpose is to provide treatment of persons with mental |
4 | | illness. |
5 | | "National governing body" means a group of persons who |
6 | | adopt rules and formulate policy on behalf of a national |
7 | | firearm sporting organization. |
8 | | "Patient" means: |
9 | | (1) a person who : |
10 | | (a) is admitted as an in-patient or resident of a |
11 | | public or private mental health facility for mental |
12 | | health treatment under Chapter III of the Mental Health |
13 | | and Developmental Disabilities Code as an informal |
14 | | admission under Article III, a voluntary admission |
15 | | under Article IV, a minor admission under Article V, an |
16 | | emergency admission under Article VI, or an |
17 | | involuntary admission under Article VII; or |
18 | | (b) is otherwise provided mental health treatment |
19 | | as an in-patient or resident by a voluntarily receives |
20 | | mental health treatment as an in-patient or resident of |
21 | | any public or private mental health facility, unless |
22 | | the treatment was solely for an alcohol abuse disorder |
23 | | and no other secondary substance abuse disorder or |
24 | | mental illness; or |
25 | | (2) a person who voluntarily or involuntarily receives |
26 | | mental health treatment as an out-patient or is otherwise |
|
| | HB4218 | - 8 - | LRB100 16482 SLF 31613 b |
|
|
1 | | provided services by a public or private mental health |
2 | | facility, and who poses a clear and present danger to |
3 | | himself, herself, or to others. |
4 | | "Person with a developmental disability" means a person |
5 | | with a disability which is attributable to any other condition |
6 | | which results in impairment similar to that caused by an |
7 | | intellectual disability and which requires services similar to |
8 | | those required by persons with intellectual disabilities. The |
9 | | disability must originate before the age of 18
years, be |
10 | | expected to continue indefinitely, and constitute a |
11 | | substantial disability. This disability results, in the |
12 | | professional opinion of a physician, clinical psychologist, or |
13 | | qualified examiner, in significant functional limitations in 3 |
14 | | or more of the following areas of major life activity: |
15 | | (i) self-care; |
16 | | (ii) receptive and expressive language; |
17 | | (iii) learning; |
18 | | (iv) mobility; or |
19 | | (v) self-direction. |
20 | | "Person with an intellectual disability" means a person |
21 | | with a significantly subaverage general intellectual |
22 | | functioning which exists concurrently with impairment in |
23 | | adaptive behavior and which originates before the age of 18 |
24 | | years. |
25 | | "Physician" has the meaning as defined in Section 1-120 of |
26 | | the Mental Health and Developmental Disabilities Code. |
|
| | HB4218 | - 9 - | LRB100 16482 SLF 31613 b |
|
|
1 | | "Qualified examiner" has the meaning provided in Section |
2 | | 1-122 of the Mental Health and Developmental Disabilities Code. |
3 | | "Sanctioned competitive shooting event" means a shooting |
4 | | contest officially recognized by a national or state shooting |
5 | | sport association, and includes any sight-in or practice |
6 | | conducted in conjunction with the event.
|
7 | | "School administrator" means the person required to report |
8 | | under the School Administrator Reporting of Mental Health Clear |
9 | | and Present Danger Determinations Law. |
10 | | "Stun gun or taser" has the meaning ascribed to it in |
11 | | Section 24-1 of the Criminal Code of 2012. |
12 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, |
13 | | eff. 7-27-15; 99-642, eff. 7-28-16.)
|