SB1034ham003 97TH GENERAL ASSEMBLY

Rep. Cynthia Soto

Filed: 5/17/2012

09700SB1034ham003 LRB097 04765 RLC 69652 a

AMENDMENT TO SENATE BILL 1034

AMENDMENT NO. ______. Amend Senate Bill 1034, AS AMENDED, with reference to page and line numbers of House Amendment No. 2, on page 1, by replacing lines 8 and 9 with the following: "conviction of a violation of subsection (b) or (c) of Section 11-1.50 or Section 12-1, 12-2, 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-3.5, or 12-5 of the Criminal Code of 1961"; and

on page 2, line 5, by inserting after "922." the following: "The written determination described in this Section shall be included in the defendant's record of arrest and conviction in the manner and form prescribed by the Department of State Police."; and

on page 2, by inserting immediately below line 5 the following:

"Section 6. The Mental Health and Developmental Disabilities Code is amended by adding Section 6-103.1 as follows:

(405 ILCS 5/6-103.1 new)

Sec. 6-103.1. Adjudication as a mental defective. When a person has been adjudicated as a mental defective as defined in Section 1.1 of the Firearm Owners Identification Card Act, the court shall direct the circuit court clerk, or if the adjudication is made by a board, commission, or other lawful authority, the board, commission or other lawful authority shall direct the secretary of that board, commission or other lawful authority, to immediately notify the Department of State Police, Firearm Owner's Identification (FOID) Office, in a form and manner prescribed by the Department of State Police and shall forward a copy of the court order or adjudication to the Department."; and

on page 11, line 22, by inserting "who is 21 years of age or older" after "applicant"; and

on page 11, line 26, by replacing "the applicant" with "an applicant regardless of age seeking a religious exemption to the photograph requirement"; and

on page 29, by replacing lines 24 and 25 with the following: "subsection (b) or (c) of Section 11-1.50 or Section 12-1, 12-2, 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-3.5, or 12-5 of the Criminal Code of 1961, the State may, at"; and

on page 31, by replacing lines 17 and 18 with the following: "conviction of a violation of subsection (b) or (c) of Section 11-1.50 or Section 12-1, 12-2, 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-3.5, or 12-5 of the Criminal Code of 1961"; and

on page 55, by replacing lines 2 through 4 with the following:

"(9) if convicted of a felony or if convicted of a misdemeanor listed in subsection (a) of Section 112A-11.1 of the Code of Criminal Procedure of 1963 when the court has made a determination under that Section that the defendant is related or situated to the victim of the offense in the manner specified in 18 U.S.C. 921(a)(33)(A)(ii), physically".