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 Bill Status of SB2193  98th General Assembly


Short Description:  CRIM CD-FIREARM TRANSPORT

Senate Sponsors
Sen. Gary Forby - Mike Jacobs - William R. Haine - Andy Manar - Wm. Sam McCann, David Koehler, Linda Holmes and John M. Sullivan

House Sponsors
(Rep. Brandon W. Phelps - Ed Sullivan, Jr. - Daniel V. Beiser - Mike Bost - Jerry F. Costello, II, Dennis M. Reboletti, Patrick J. Verschoore, Jim Sacia, Mike Smiddy, Katherine Cloonen, Ron Sandack, Michael Unes, Norine Hammond, Jil Tracy, Eddie Lee Jackson, Sr., John E. Bradley, Sue Scherer, Frank J. Mautino, David Reis, Tom Demmer, Bill Mitchell, Adam Brown, Kay Hatcher, Dwight Kay, Brad E. Halbrook, C.D. Davidsmeyer, Charles E. Meier, Jack D. Franks, Keith Farnham, Joe Sosnowski, Raymond Poe, Rich Brauer and David R. Leitch)

Last Action
DateChamber Action
  1/13/2015SenateSession Sine Die

Statutes Amended In Order of Appearance
720 ILCS 5/24-2


Synopsis As Introduced
Amends the Criminal Code of 2012. Provides that a contractor or subcontractor under a contract or subcontract for the development and supply of rifles, shotguns, weapons, or ammunition to the United States government or any branch of the Armed Forces of the United States, when the activities are necessary and incident to fulfilling the terms of the contract, may transport these weapons even if they are not broken down in a non-functioning state, or are immediately accessible. Permits the transportation of a rifle with a barrel or barrels less than 16 inches in length that is not broken down in a non-functioning state, or are immediately accessible by a person: (1) who has been issued a Curios and Relics license from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; or (2) who is an active member of a bona fide, nationally recognized military re-enacting group and the modification is required and necessary to accurately portray the weapon for historical re-enactment purposes; the re-enactor is in possession of a valid and current re-enacting group membership credential; and the overall length of the weapon as modified is not less than 26 inches. Effective immediately.

House Committee Amendment No. 1
Deletes reference to:
720 ILCS 5/24-2
Adds reference to:
New Act
5 ILCS 120/2from Ch. 102, par. 42
5 ILCS 140/7.5
15 ILCS 305/13.5 new
20 ILCS 2605/2605-300was 20 ILCS 2605/55a in part
20 ILCS 2605/2605-595 new
30 ILCS 105/5.826 new
30 ILCS 105/5.827 new
30 ILCS 105/6z-98 new
30 ILCS 105/5.206 rep.
225 ILCS 210/2005from Ch. 96 1/2, par. 1-2005
405 ILCS 5/6-103.1
405 ILCS 5/6-103.2 new
405 ILCS 5/6-103.3 new
430 ILCS 65/1.1from Ch. 38, par. 83-1.1
430 ILCS 65/3.1from Ch. 38, par. 83-3.1
430 ILCS 65/4from Ch. 38, par. 83-4
430 ILCS 65/5from Ch. 38, par. 83-5
430 ILCS 65/5.1 new
430 ILCS 65/8from Ch. 38, par. 83-8
430 ILCS 65/8.1from Ch. 38, par. 83-8.1
430 ILCS 65/9from Ch. 38, par. 83-9
430 ILCS 65/9.5 new
430 ILCS 65/10from Ch. 38, par. 83-10
430 ILCS 65/13.2from Ch. 38, par. 83-13.2
720 ILCS 5/24-1.6
720 ILCS 5/24-2
725 ILCS 5/112A-14from Ch. 38, par. 112A-14
740 ILCS 110/12from Ch. 91 1/2, par. 812

Replaces everything after the enacting clause. Creates the Firearm Concealed Carry Act. Prohibits a licensee from carrying a concealed handgun into certain specified locations. Requires the Department of State Police to approve a training course for license applicants and course instructors. Establishes training course requirements. Creates the School Administrator Reporting of Mental Health Clear and Present Danger Determinations Law. Requires the principal of a public elementary or secondary school, or his or her designee, and the chief administrative officer of a private elementary or secondary school or a public or private community college, college, or university, or his or her designee, to report to the Department of Human Services when a student is determined to pose a clear and present danger to himself, herself, or to others within 24 hours of the determination. Amends the Mental Health and Developmental Disabilities Code to make conforming changes and require Department of State Police Firearm Owners Identification Card Office notification no later than 7 days after entry of a court order for an adjudication as a mentally disabled or disabled person. Requires reporting a developmental disability or clear and present danger determination that would disqualify a person from a Firearm Owner's Identification Card within 24 hours of the determination to the Department of Human Services, and the Department of Human Services must notify the Department of State Police. Firearms in the possession of a person adjudicated as a mentally disabled or disabled person must be ordered by the court to deliver the firearms to a person with a valid Firearm Owner's Identification Card for safekeeping. The adjudicated person shall also be ordered to surrender his or her Firearm Owner's Identification Card. Amends the Firearm Owners Identification Card Act. Defines "addicted to narcotics" for purposes of disqualifying a person for a Firearm Owner's Identification Card. Changes the disqualification for a Firearm Owner's Identification Card as a "mental defective" to "mentally disabled". Adds to the definition of "mentally disabled" an adjudication as a disabled person under the Probate Act of 1975, a finding of guilty but mentally ill, or a determination that a person is a clear and present danger to himself, herself, or to others. Defines "clear and present danger". Amends The Freedom of Information Act. Exempts from disclosure the names and information of persons who have applied for or received a concealed carry license. Amends the Department of State police Law of the Civil Administrative Code of Illinois and the State Finance Act. Creates the State Police Firearm Services Fund for fee revenue from the Firearm Owners Identification Card Act and Firearm Concealed Carry Act. The Department of State Police may use the Fund for its lawful purposes, mandates, functions, and duties under the Firearm Owners Identification Card Act and Firearm Concealed Carry Act. Creates the Mental Health Reporting Fund for fee revenue from the Firearm Concealed Carry Act for the Department of State Police and the Department of Human Services for duties in collecting and reporting data on mental health records and ensuring firearm possession prohibitions related to mental health are enforced. Surplus money in the Fund may be used for mental health treatment programs. Amends the Criminal Code of 2012 to make conforming changes. Effective immediately.

 Correctional Note, House Committee Amendment No. 1 (Dept of Corrections)
 There are no penalty enhancements associated with this bill. The bill would have no fiscal or population impact on the Department.

 Pension Note, House Committee Amendment No. 1 (Government Forecasting & Accountability)
 SB 2193 (H-AM 1) will not impact any public pension fund or retirement system in Illinois.

 State Debt Impact Note, House Committee Amendment No. 1 (Government Forecasting & Accountability)
  SB 2193 (H-AM 1) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

 Home Rule Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
 SB 2193 (H-AM 1) does pre-empt home rule authority.

 State Mandates Fiscal Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
 SB 2193 (H-AM 1) does not create a State mandate.

 Land Conveyance Appraisal Note, House Committee Amendment No. 1 (Dept. of Transportation)
 No land conveyances are included in this bill; therefore, there are no appraisals to be filed.

 Housing Affordability Impact Note, House Committee Amendment No. 1 (Housing Development Authority)
 This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.

 Fiscal Note (Illinois State Police)
 If this amendment were to become law, the estimated fiscal impact on the Illinois State Police would be $35,071,963. It should be noted; this estimate includes $1,472,567.80 to make Firearm Owner's Identification (FOID) Unit whole and $10 million over the course of three years to modernize the fragile Law Enforcement Agencies Data System (LEADS). The Illinois State Police is anticipating at least 300,000 applications within the first year from Illinois residents. As the number of applicants changes so does the fiscal impact to the Illinois State Police. Lastly, this amendment allows out of state residents to apply for a concealed carry permit. The Illinois State Police is unable to estimate the impact non-residents will have on the system.

House Floor Amendment No. 2
Adds reference to:
New Act
5 ILCS 120/2from Ch. 102, par. 42
5 ILCS 140/7.5
15 ILCS 305/13.5 new
20 ILCS 2605/2605-300was 20 ILCS 2605/55a in part
20 ILCS 2605/2605-595 new
30 ILCS 105/5.826 new
30 ILCS 105/5.827 new
30 ILCS 105/6z-98 new
30 ILCS 105/5.206 rep.
225 ILCS 210/2005from Ch. 96 1/2, par. 1-2005
405 ILCS 5/6-103.1
405 ILCS 5/6-103.2 new
405 ILCS 5/6-103.3 new
430 ILCS 65/1.1from Ch. 38, par. 83-1.1
430 ILCS 65/3.1from Ch. 38, par. 83-3.1
430 ILCS 65/4from Ch. 38, par. 83-4
430 ILCS 65/5from Ch. 38, par. 83-5
430 ILCS 65/5.1 new
430 ILCS 65/8from Ch. 38, par. 83-8
430 ILCS 65/8.1from Ch. 38, par. 83-8.1
430 ILCS 65/9from Ch. 38, par. 83-9
430 ILCS 65/9.5 new
430 ILCS 65/10from Ch. 38, par. 83-10
430 ILCS 65/13.2from Ch. 38, par. 83-13.2
720 ILCS 5/24-1.6
720 ILCS 5/24-2
725 ILCS 5/112A-14from Ch. 38, par. 112A-14
740 ILCS 110/12from Ch. 91 1/2, par. 812
755 ILCS 5/11a-24 new

Replaces everything after the enacting clause. Creates the Firearm Concealed Carry Act. Allows residents and non-residents who meet specified qualifications to apply for a license to carry a concealed firearm in this State. The license is valid for 5 years and the license fee is $150 for a resident and $300 for a non-resident. Allows any law enforcement agency to object to a license applicant based upon a reasonable suspicion that the applicant is a danger to himself or herself or others, or a threat to public safety. Allows the Department of State Police to object to a license applicant with gang-related arrests within the 7 years preceding the date of application. These objections are reviewed by a Concealed Carry Licensing Review Board composed of 7 members appointed by the Governor with the advice and consent of the Senate. The Concealed Carry Licensing Review Board determines by a preponderance of the evidence whether the applicant is eligible or ineligible for a license. Prohibits a licensee from carrying a concealed handgun into certain specified locations. Requires the Department of State Police to approve a 16 hour training course for new license applicants and 3 hour course for license renewal, and to certify course instructors. Establishes training course requirements. Creates a task force to develop a plan by March 1, 2014 to allow for a Firearm Owner's Identification Card and concealed carry license designation to appear on a person's Illinois driver's license or Illinois identification card. Preempts home rule on regulation of firearms. Creates the School Administrator Reporting of Mental Health Clear and Present Danger Determinations Law. Requires the principal of a public elementary or secondary school, or his or her designee, and the chief administrative officer of a private elementary or secondary school or a public or private community college, college, or university, or his or her designee, to report to the Department of Human Services when a student is determined to pose a clear and present danger to himself, herself, or to others within 24 hours of the determination. Amends the Mental Health and Developmental Disabilities Code to make conforming changes and require notification to the Department of State Police Firearm Owners Identification Card Office no later than 7 days after entry of a court order for an adjudication as a mentally disabled or disabled person. Requires reporting a developmental disability or clear and present danger determination within 24 hours of the determination to the Department of Human Services, and the Department of Human Services must notify the Department of State Police. Firearms in the possession of a person adjudicated as a mentally disabled or disabled person must be ordered by the court to deliver the firearms to a person with a valid Firearm Owner's Identification Card for safekeeping. The adjudicated person shall also be ordered to surrender his or her Firearm Owner's Identification Card. Amends the Firearm Owners Identification Card Act. Defines "addicted to narcotics" for purposes of disqualifying a person for a Firearm Owner's Identification Card. Changes the disqualification for a Firearm Owner's Identification Card as a "mental defective" to "mentally disabled". Adds to the definition of "mentally disabled" an adjudication as a disabled person, a finding of guilty but mentally ill, or a determination that a person is a clear and present danger to himself, herself, or to others. Defines "clear and present danger". Amends The Freedom of Information Act. Exempts from disclosure the names and information of persons who have applied for or received a concealed carry license and certain records under the Firearm Concealed Carry Act. Amends the Open Meetings Act to close deliberations of the Concealed Carry Licensing Review Board. Amends the Department of State Police Law of the Civil Administrative Code of Illinois and the State Finance Act. Creates the State Police Firearm Services Fund for fee revenue from the Firearm Owners Identification Card Act and Firearm Concealed Carry Act. The Department of State Police may use the Fund for its lawful purposes, mandates, functions, and duties under the Firearm Owners Identification Card Act and Firearm Concealed Carry Act. Creates the Mental Health Reporting Fund for fee revenue from the Firearm Concealed Carry Act for the Department of State Police and the Department of Human Services for duties in collecting and reporting data on mental health records and ensuring firearm possession prohibitions related to mental health are enforced. Surplus money in the Fund may be used for mental health treatment programs. Amends the Criminal Code of 2012 and other Acts to make conforming changes. Effective immediately.

 Judicial Note, House Committee Amendment No. 1 (Admin Office of the Illinois Courts)
 This bill would neither increase nor decrease the number of judges needed in the State.

 Land Conveyance Appraisal Note, House Floor Amendment No. 2 (Dept. of Transportation)
 No land conveyances are included in this bill; therefore, there are no appraisals to be filed.

 State Mandates Fiscal Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity)
 This bill does not create a State mandate.

 Home Rule Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity)
 This bill does pre-empt home rule authority.

 State Debt Impact Note, House Floor Amendment No. 2 (Government Forecasting & Accountability)
  SB 2193 (H-AM 2) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

 Pension Note, House Floor Amendment No. 2 (Government Forecasting & Accountability)
 SB 2193 (H-AM 2) will not impact any public pension fund or retirement system in Illinois.

 Housing Affordability Impact Note, House Floor Amendment No. 2 (Housing Development Authority)
 This Bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.

 Balanced Budget Note, House Floor Amendment No. 2 (Office of Management and Budget)
 The Department of State Police anticipates processing approximately 300,000 applications (times $150 application fee) within the first year. The bill would generate $36 million (300,000 x $120) for the State Police Firearm Services Fund, $6 million (300,000 x $20) for the Mental Health Reporting Fund, and $3 million (300,000 x $10) for the State Crime Laboratory Fund. It is anticipated that these fees will be sufficient to cover the estimated cost of $35 million to the Department of State Police for implementation of the Firearm Concealed Carry Act. Accordingly, the proposed revenue from the fees is projected to cover the implementation costs and maintain a balanced budget for the State.

Actions 
DateChamber Action
  2/15/2013SenateFiled with Secretary by Sen. Mike Jacobs
  2/15/2013SenateFirst Reading
  2/15/2013SenateReferred to Assignments
  3/5/2013SenateAssigned to Judiciary
  3/19/2013SenateDo Pass Judiciary; 008-000-000
  3/19/2013SenatePlaced on Calendar Order of 2nd Reading March 20, 2013
  4/11/2013SenateSecond Reading
  4/11/2013SenatePlaced on Calendar Order of 3rd Reading April 12, 2013
  4/17/2013SenateAdded as Co-Sponsor Sen. Gary Forby
  4/17/2013SenateThird Reading - Passed; 054-000-000
  4/17/2013HouseArrived in House
  4/17/2013HouseChief House Sponsor Rep. Ed Sullivan, Jr.
  4/17/2013HouseFirst Reading
  4/17/2013HouseReferred to Rules Committee
  5/16/2013HouseAlternate Chief Sponsor Changed to Rep. Brandon W. Phelps
  5/16/2013SenateSponsor Removed Sen. Gary Forby
  5/16/2013SenateChief Sponsor Changed to Sen. Gary Forby
  5/16/2013SenateAdded as Chief Co-Sponsor Sen. Mike Jacobs
  5/16/2013SenateAdded as Chief Co-Sponsor Sen. William R. Haine
  5/16/2013SenateAdded as Chief Co-Sponsor Sen. Andy Manar
  5/20/2013HouseFinal Action Deadline Extended-9(b) May 24, 2013
  5/20/2013HouseAssigned to Judiciary
  5/21/2013HouseMotion Filed to Suspend Rule 21 Judiciary; Rep. Barbara Flynn Currie
  5/21/2013HouseMotion to Suspend Rule 21 - Prevailed
  5/22/2013HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Brandon W. Phelps
  5/22/2013HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  5/22/2013SenateAdded as Chief Co-Sponsor Sen. Wm. Sam McCann
  5/22/2013HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary
  5/23/2013HouseHouse Committee Amendment No. 1 Correctional Note Filed as Amended
  5/23/2013HouseHouse Committee Amendment No. 1 Pension Note Filed as Amended
  5/23/2013HouseHouse Committee Amendment No. 1 Adopted in Judiciary; by Voice Vote
  5/23/2013HouseDo Pass as Amended / Short Debate Judiciary; 013-003-000
  5/23/2013HousePlaced on Calendar 2nd Reading - Short Debate
  5/23/2013HouseHouse Committee Amendment No. 1 State Debt Impact Note Filed as Amended
  5/23/2013HouseHouse Committee Amendment No. 1 Home Rule Note Filed as Amended
  5/23/2013HouseHouse Committee Amendment No. 1 State Mandates Fiscal Note Filed as Amended
  5/23/2013HouseHouse Committee Amendment No. 1 Land Conveyance Appraisal Note Filed as Amended
  5/23/2013HouseSecond Reading - Short Debate
  5/23/2013HouseHeld on Calendar Order of Second Reading - Short Debate
  5/23/2013HouseHouse Committee Amendment No. 1 Housing Affordability Impact Note Filed as Amended
  5/23/2013SenateAdded as Co-Sponsor Sen. David Koehler
  5/23/2013SenateAdded as Co-Sponsor Sen. Linda Holmes
  5/23/2013HouseFiscal Note Filed
  5/23/2013HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Brandon W. Phelps
  5/23/2013HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  5/23/2013HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 003-000-000
  5/24/2013HouseHouse Committee Amendment No. 1 Judicial Note Filed as Amended
  5/24/2013HouseHouse Floor Amendment No. 2 Land Conveyance Appraisal Note Filed as Amended
  5/24/2013HouseHouse Floor Amendment No. 2 State Mandates Fiscal Note Filed as Amended
  5/24/2013HouseHouse Floor Amendment No. 2 Home Rule Note Filed as Amended
  5/24/2013HouseHouse Floor Amendment No. 2 State Debt Impact Note Filed as Amended
  5/24/2013HouseHouse Floor Amendment No. 2 Pension Note Filed as Amended
  5/24/2013HouseHouse Floor Amendment No. 2 Housing Affordability Impact Note Filed as Amended
  5/24/2013HouseHouse Floor Amendment No. 2 Balanced Budget Note Filed as Amended
  5/24/2013HouseAdded Alternate Chief Co-Sponsor Rep. Ed Sullivan, Jr.
  5/24/2013HouseAdded Alternate Chief Co-Sponsor Rep. Daniel V. Beiser
  5/24/2013HouseAdded Alternate Chief Co-Sponsor Rep. Mike Bost
  5/24/2013HouseAdded Alternate Chief Co-Sponsor Rep. Jerry F. Costello, II
  5/24/2013HouseAdded Alternate Co-Sponsor Rep. Dennis M. Reboletti
  5/24/2013HouseAdded Alternate Co-Sponsor Rep. Patrick J. Verschoore
  5/24/2013HouseAdded Alternate Co-Sponsor Rep. Jim Sacia
  5/24/2013HouseAdded Alternate Co-Sponsor Rep. Mike Smiddy
  5/24/2013HouseAdded Alternate Co-Sponsor Rep. Katherine Cloonen
  5/24/2013HouseAdded Alternate Co-Sponsor Rep. Ron Sandack
  5/24/2013HouseHouse Floor Amendment No. 2 Adopted
  5/24/2013HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/24/2013HouseAdded Alternate Co-Sponsor Rep. Michael Unes
  5/24/2013HouseAdded Alternate Co-Sponsor Rep. Norine Hammond
  5/24/2013HouseAdded Alternate Co-Sponsor Rep. Jil Tracy
  5/24/2013HouseAdded Alternate Co-Sponsor Rep. Eddie Lee Jackson, Sr.
  5/24/2013HouseAdded Alternate Co-Sponsor Rep. John E. Bradley
  5/24/2013HouseAdded Alternate Co-Sponsor Rep. Sue Scherer
  5/24/2013HouseAdded Alternate Co-Sponsor Rep. Frank J. Mautino
  5/24/2013HouseAdded Alternate Co-Sponsor Rep. David Reis
  5/24/2013HouseAdded Alternate Co-Sponsor Rep. Tom Demmer
  5/24/2013HouseAdded Alternate Co-Sponsor Rep. Bill Mitchell
  5/24/2013HouseAdded Alternate Co-Sponsor Rep. Adam Brown
  5/24/2013HouseAdded Alternate Co-Sponsor Rep. Kay Hatcher
  5/24/2013HouseAdded Alternate Co-Sponsor Rep. Dwight Kay
  5/24/2013HouseAdded Alternate Co-Sponsor Rep. Brad E. Halbrook
  5/24/2013HouseAdded Alternate Co-Sponsor Rep. C.D. Davidsmeyer
  5/24/2013HouseAdded Alternate Co-Sponsor Rep. Charles E. Meier
  5/24/2013HouseThird Reading - Short Debate - Passed 085-030-001
  5/24/2013HouseAdded Alternate Co-Sponsor Rep. Jack D. Franks
  5/24/2013HouseAdded Alternate Co-Sponsor Rep. Keith Farnham
  5/24/2013HouseAdded Alternate Co-Sponsor Rep. Joe Sosnowski
  5/24/2013HouseAdded Alternate Co-Sponsor Rep. Raymond Poe
  5/24/2013HouseAdded Alternate Co-Sponsor Rep. Rich Brauer
  5/24/2013HouseAdded Alternate Co-Sponsor Rep. David R. Leitch
  5/27/2013SenateSecretary's Desk - Concurrence House Amendment(s) 1, 2
  5/27/2013SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1, 2 - May 28, 2013
  5/27/2013SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Gary Forby
  5/27/2013SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  5/27/2013SenateHouse Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Gary Forby
  5/27/2013SenateHouse Floor Amendment No. 2 Motion to Concur Referred to Assignments
  5/28/2013SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Executive
  5/28/2013SenateHouse Floor Amendment No. 2 Motion to Concur Assignments Referred to Executive
  5/28/2013SenateHouse Committee Amendment No. 1 Motion to Concur Postponed Executive
  5/28/2013SenateHouse Floor Amendment No. 2 Motion to Concur Postponed Executive
  5/28/2013SenateAdded as Co-Sponsor Sen. John M. Sullivan
  8/9/2013SenatePursuant to Senate Rule 3-9(b) / Referred to Assignments
  8/9/2013SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments; 3-9(b)
  8/9/2013SenateHouse Floor Amendment No. 2 Motion to Concur Referred to Assignments; 3-9(b)
  1/13/2015SenateSession Sine Die

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