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Rep. Robert F Martwick
Filed: 3/6/2013
| | 09800HB1155ham035 | | LRB098 08475 RLC 42340 a |
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| 1 | | AMENDMENT TO HOUSE BILL 1155
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| 2 | | AMENDMENT NO. ______. Amend House Bill 1155, AS AMENDED, |
| 3 | | with reference to page and line numbers of House Amendment No. |
| 4 | | 27, on page 6, by replacing line 3 with the following: |
| 5 | | "based on subsection (d) or (e) of this Section, or subsection |
| 6 | | (f) or (g) of Section 250-40 of this Act, the Department"; and
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| 7 | | on page 14, by inserting immediately below line 17 the |
| 8 | | following: |
| 9 | | "(f) If a licensee is arrested, his or her license shall be |
| 10 | | suspended at the time of the arrest. The license shall only be |
| 11 | | reinstated after an administrative hearing under subsection |
| 12 | | (f) of Section 250-20 of this Act. |
| 13 | | (g) Any person with personal knowledge of a change in |
| 14 | | conditions in the licensee's eligibility to possess a license |
| 15 | | may file a Petition for License Review with the Department. In |
| 16 | | the Petition for License Review, the petitioner must: |
| 17 | | (1) affirmatively state that the petitioner knew the |
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| 1 | | licensee at the time the license was issued or was renewed, |
| 2 | | whichever is more recent; and |
| 3 | | (2) affirmatively state that there has been a change in |
| 4 | | conditions in the licensee's eligibility to possess a |
| 5 | | license since the license was issued or was renewed, |
| 6 | | whichever is more recent. The change in conditions may |
| 7 | | include, but is not limited to: the licensee's abuse of |
| 8 | | alcohol or illegal drugs; the licensee's exhibition of |
| 9 | | signs of depression or suicide; the licensee's association |
| 10 | | with a "streetgang", "gang", "organized gang", or |
| 11 | | "criminal street gang"; or any other condition which may |
| 12 | | show that the licensee poses a danger to the licensee's |
| 13 | | self, another, or public safety, or would use a firearm |
| 14 | | unlawfully. |
| 15 | | After a petition is filed, the Department shall determine |
| 16 | | whether an administrative hearing is required. If the |
| 17 | | Department determines that a hearing is not necessary, then the |
| 18 | | petition shall be dismissed. If the Department determines that |
| 19 | | a hearing is necessary, then the Department shall notify the |
| 20 | | licensee of the petition filed against him or her, and the |
| 21 | | date, time, and location of the hearing. The hearing shall be |
| 22 | | in accordance with subsection (f) of Section 250-20 of this |
| 23 | | Act. The license shall not be suspended or revoked during the |
| 24 | | pendency of the petition, unless so authorized in another part |
| 25 | | of this Act. For purposes of this subsection, "streetgang", |
| 26 | | "gang", "organized gang", or "criminal street gang" have the |