HB3483ham002 102ND GENERAL ASSEMBLY

Rep. Denyse Stoneback

Filed: 3/22/2021

10200HB3483ham002 LRB102 10141 RLC 24095 a

AMENDMENT TO HOUSE BILL 3483

AMENDMENT NO. ______. Amend House Bill 3483 on page 2, by inserting immediately below line 9 the following:

"Section 6. The Department of State Police Law of the Civil Administrative Code of Illinois is amended by adding Section 2605-51 as follows:

(20 ILCS 2605/2605-51 new)

Sec. 2605-51. Commission on implementing the Firearms Restraining Order Act.

(a) There is created the Commission on Implementing the Firearms Restraining Order Act composed of at least 12 members to advise on the strategies of education and implementation of the Firearms Restraining Order Act. The Commission shall be appointed by the Director of the Illinois State Police or his or her designee and shall include a liaison or representative nominated from the following:

(1) the Office of the Attorney General, appointed by the Attorney General;

(2) the Director of the Illinois State Police or his or her designee;

(3) at least 3 State's Attorneys, nominated by the Director of the Office of the State's Attorneys Appellate Prosecutor;

(4) at least 2 municipal police department representatives, nominated by the Illinois Association of Chiefs of Police;

(5) an Illinois sheriff, nominated by the Illinois Sheriffs' Association;

(6) a nonprofit organization whose mission is to reduce gun violence with experience educating the public about the Firearms Restraining Order Act, nominated by such an organization whose membership is the most numerous in Illinois;

(7) the Illinois Law Enforcement Training Standards Board, nominated by the Executive Director of the Board;

(8) a representative from a public defender's office, nominated by the State Appellate Defender;

(9) a circuit court judge, nominated by the Chief Justice of the Supreme Court;

(10) a prosecutor with experience managing or directing a program in another state where the implementation of that state's extreme risk protection order law has achieved high rates of petition filings nominated by the National District Attorneys Association; and

(11) an expert from law enforcement who has experience managing or directing a program in another state where the implementation of that state's extreme risk protection order law has achieved high rates of petition filings nominated by the Director of the Illinois State Police.

(b) The Commission shall be chaired by the Director of the Illinois State Police or his or her designee. The Commission shall meet, either virtually or in person, to discuss the implementation of the Firearms Restraining Order Act as determined by the Commission while the strategies are being established.

(c) The members of the Commission shall serve without compensation and shall serve 3-year terms.

(d) An annual report shall be submitted to the General Assembly by the Commission that may include summary information about firearms restraining order use by county, challenges to Firearms Restraining Order Act implementation, and recommendations for increasing and improving implementation.

(e) The Commission shall develop a model policy with an overall framework for the timely relinquishment of firearms whenever a firearms restraining order is issued. The model policy shall be finalized within the first 4 months of convening. In formulating the model policy, the Commission shall consult counties in Illinois and other states with extreme risk protection order laws which have achieved a high rate of petition filings. Once approved, the Illinois State Police shall work with their local law enforcement agencies within their county to design a comprehensive strategy for the timely relinquishment of firearms, using the model policy as an overall framework. Each individual agency may make small modifications as needed to the model policy and must approve and adopt a policy that aligns with the model policy. The Illinois State Police shall convene local police chiefs and sheriffs within their county as needed to discuss the relinquishment of firearms.

(f) The Commission shall be dissolved 3 years after the effective date of this amendatory Act of the 102nd General Assembly.

(g) This Section is repealed 4 years after the effective date of this amendatory Act of the 102nd General Assembly."; and

on page 3, line 16, on page 4, lines 4 and 8, and on page 7, line 19, by inserting after "ammunition" wherever it appears ", or removing firearm parts that could be assembled to make an operable firearm"; and

on page 4, lines 4, 8, and 21, on page 5, lines 17 and 18, on page 7, lines 1, 5, 11, and 19, and on page 8, line 11, by replacing "or ammunition" with ", ammunition, or firearm parts that could be assembled to make an operable firearm"; and

on page 7, line 7, on page 8, lines 1, 7, 14, 15, 22, and 23, on page 9, lines 1 through 2, 3, 7, 9 through 10, 11 through 12, 12, 16, 18, 22, 23 through 24, 24, and 25 through 26, on page 10, lines 1, 19, and 21, on page 11, line 26, on page 12, line 26 through line 1, page 13, on page 13, lines 9, 11, 15, 23, and 26, on page 14, lines 5 through 6, 12, 15, 16, 18 through 19, 19, and 20, on page 15, lines 1, 2, 6 through 7, 8, 12, 14 through 15, 16 through 17, 17, 21, and 23, on page 16, lines 1, 2 through 33, 4 through 5, and 6, on page 17, lines 3, and 16 through 17, and on page 18, line 3, by replacing "and ammunition" with ", ammunition, and firearm parts that could be assembled to make an operable firearm"; and

on page 9, line 14, and on page 15, lines 19 and 24, by replacing "and ammunition are is" with ", ammunition, and firearm parts that could be assembled to make an operable firearm are"; and

on page 9, line 19, by replacing "and ammunition is" with ", ammunition, and firearm parts that could be assembled to make an operable firearm are"; and

on page 18, by replacing lines 10 through 24 with the following:

"(430 ILCS 67/85 new)

Sec. 85. Report to the General Assembly. The Illinois State Police shall submit a yearly report to the General Assembly or make available on its website the number of petitions entered into the Law Enforcement Agencies Data System.".