Full Text of HB1155 98th General Assembly
HB1155ham042 98TH GENERAL ASSEMBLY | Rep. Edward J. Acevedo Filed: 3/12/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1155
| 2 | | AMENDMENT NO. ______. Amend House Bill 1155, AS AMENDED, by | 3 | | inserting the following in its proper numeric sequence:
| 4 | | "Section 825. The Firearm Owners Identification Card Act is | 5 | | amended by changing Section 8 as follows:
| 6 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| 7 | | (Text of Section before amendment by P.A. 97-1167 )
| 8 | | Sec. 8. Grounds for denial and revocation. | 9 | | (A) The Department of State Police has authority to deny an
| 10 | | application for or to revoke and seize a Firearm Owner's | 11 | | Identification
Card previously issued under this Act only if | 12 | | the Department finds that the
applicant or the person to whom | 13 | | such card was issued is or was at the time
of issuance:
| 14 | | (a) A person under 21 years of age who has been convicted | 15 | | of a
misdemeanor other than a traffic offense or adjudged | 16 | | delinquent;
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| 1 | | (b) A person under 21 years of age who does not have the | 2 | | written consent
of his parent or guardian to acquire and | 3 | | possess firearms and firearm
ammunition, or whose parent or | 4 | | guardian has revoked such written consent,
or where such parent | 5 | | or guardian does not qualify to have a Firearm Owner's
| 6 | | Identification Card;
| 7 | | (c) A person convicted of a felony under the laws of this | 8 | | or any other
jurisdiction;
| 9 | | (d) A person addicted to narcotics;
| 10 | | (e) A person who has been a patient of a mental institution | 11 | | within the
past 5 years or has been adjudicated as a mental | 12 | | defective;
| 13 | | (f) A person whose mental condition is of such a nature | 14 | | that it poses
a clear and present danger to the applicant, any | 15 | | other person or persons or
the community;
| 16 | | For the purposes of this Section, "mental condition" means | 17 | | a state of
mind manifested by violent, suicidal, threatening or | 18 | | assaultive behavior.
| 19 | | (g) A person who is intellectually disabled;
| 20 | | (h) A person who intentionally makes a false statement in | 21 | | the Firearm
Owner's Identification Card application;
| 22 | | (i) An alien who is unlawfully present in
the United States | 23 | | under the laws of the United States;
| 24 | | (i-5) An alien who has been admitted to the United States | 25 | | under a
non-immigrant visa (as that term is defined in Section | 26 | | 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. |
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| 1 | | 1101(a)(26))), except that this
subsection (i-5) does not apply | 2 | | to any alien who has been lawfully admitted to
the United | 3 | | States under a non-immigrant visa if that alien is:
| 4 | | (1) admitted to the United States for lawful hunting or | 5 | | sporting purposes;
| 6 | | (2) an official representative of a foreign government | 7 | | who is:
| 8 | | (A) accredited to the United States Government or | 9 | | the Government's
mission to an international | 10 | | organization having its headquarters in the United
| 11 | | States; or
| 12 | | (B) en route to or from another country to which | 13 | | that alien is
accredited;
| 14 | | (3) an official of a foreign government or | 15 | | distinguished foreign visitor
who has been so designated by | 16 | | the Department of State;
| 17 | | (4) a foreign law enforcement officer of a friendly | 18 | | foreign government
entering the United States on official | 19 | | business; or
| 20 | | (5) one who has received a waiver from the Attorney | 21 | | General of the United
States pursuant to 18 U.S.C. | 22 | | 922(y)(3);
| 23 | | (j) (Blank);
| 24 | | (k) A person who has been convicted within the past 5 years | 25 | | of battery,
assault, aggravated assault, violation of an order | 26 | | of protection, or a
substantially similar offense in another |
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| 1 | | jurisdiction, in which a firearm was
used or possessed;
| 2 | | (l) A person who has been convicted of domestic battery, | 3 | | aggravated domestic battery, or a substantially
similar | 4 | | offense in another jurisdiction committed before, on or after | 5 | | January 1, 2012 (the effective date of Public Act 97-158). If | 6 | | the applicant or person who has been previously issued a | 7 | | Firearm Owner's Identification Card under this Act knowingly | 8 | | and intelligently waives the right to have an offense described | 9 | | in this paragraph (l) tried by a jury, and by guilty plea or | 10 | | otherwise, results in a conviction for an offense in which a | 11 | | domestic relationship is not a required element of the offense | 12 | | but in which a determination of the applicability of 18 U.S.C. | 13 | | 922(g)(9) is made under Section 112A-11.1 of the Code of | 14 | | Criminal Procedure of 1963, an entry by the court of a judgment | 15 | | of conviction for that offense shall be grounds for denying an | 16 | | application for and for revoking and seizing a Firearm Owner's | 17 | | Identification Card previously issued to the person under this | 18 | | Act;
| 19 | | (m) (Blank);
| 20 | | (n) A person who is prohibited from acquiring or possessing
| 21 | | firearms or firearm ammunition by any Illinois State statute or | 22 | | by federal
law;
| 23 | | (o) A minor subject to a petition filed under Section 5-520 | 24 | | of the
Juvenile Court Act of 1987 alleging that the minor is a | 25 | | delinquent minor for
the commission of an offense that if | 26 | | committed by an adult would be a felony;
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| 1 | | (p) An adult who had been adjudicated a delinquent minor | 2 | | under the Juvenile
Court Act of 1987 for the commission of an | 3 | | offense that if committed by an
adult would be a felony; or
| 4 | | (q) A person who is not a resident of the State of | 5 | | Illinois, except as provided in subsection (a-10) of Section 4. | 6 | | (B) The Department of State Police may revoke and seize a | 7 | | Firearm Owner's Identification
Card previously issued under | 8 | | this Act of a person who fails to report the loss or theft of a | 9 | | firearm a second time to the local law enforcement agency | 10 | | within 72 hours after obtaining knowledge of the second loss or | 11 | | theft.
| 12 | | (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, | 13 | | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
| 14 | | (Text of Section after amendment by P.A. 97-1167 ) | 15 | | Sec. 8. Grounds for denial and revocation. | 16 | | (A) The Department of State Police has authority to deny an
| 17 | | application for or to revoke and seize a Firearm Owner's | 18 | | Identification
Card previously issued under this Act only if | 19 | | the Department finds that the
applicant or the person to whom | 20 | | such card was issued is or was at the time
of issuance:
| 21 | | (a) A person under 21 years of age who has been convicted | 22 | | of a
misdemeanor other than a traffic offense or adjudged | 23 | | delinquent;
| 24 | | (b) A person under 21 years of age who does not have the | 25 | | written consent
of his parent or guardian to acquire and |
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| 1 | | possess firearms and firearm
ammunition, or whose parent or | 2 | | guardian has revoked such written consent,
or where such parent | 3 | | or guardian does not qualify to have a Firearm Owner's
| 4 | | Identification Card;
| 5 | | (c) A person convicted of a felony under the laws of this | 6 | | or any other
jurisdiction;
| 7 | | (d) A person addicted to narcotics;
| 8 | | (e) A person who has been a patient of a mental institution | 9 | | within the
past 5 years. An active law enforcement officer | 10 | | employed by a unit of government who is denied, revoked, or has | 11 | | his or her Firearm Owner's Identification Card seized under | 12 | | this subsection (e) may obtain relief as described in | 13 | | subsection (c-5) of Section 10 of this Act if the officer did | 14 | | not act in a manner threatening to the officer, another person, | 15 | | or the public as determined by the treating clinical | 16 | | psychologist or physician, and the officer seeks mental health | 17 | | treatment;
| 18 | | (f) A person whose mental condition is of such a nature | 19 | | that it poses
a clear and present danger to the applicant, any | 20 | | other person or persons or
the community;
| 21 | | For the purposes of this Section, "mental condition" means | 22 | | a state of
mind manifested by violent, suicidal, threatening or | 23 | | assaultive behavior.
| 24 | | (g) A person who is intellectually disabled;
| 25 | | (h) A person who intentionally makes a false statement in | 26 | | the Firearm
Owner's Identification Card application;
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| 1 | | (i) An alien who is unlawfully present in
the United States | 2 | | under the laws of the United States;
| 3 | | (i-5) An alien who has been admitted to the United States | 4 | | under a
non-immigrant visa (as that term is defined in Section | 5 | | 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | 6 | | 1101(a)(26))), except that this
subsection (i-5) does not apply | 7 | | to any alien who has been lawfully admitted to
the United | 8 | | States under a non-immigrant visa if that alien is:
| 9 | | (1) admitted to the United States for lawful hunting or | 10 | | sporting purposes;
| 11 | | (2) an official representative of a foreign government | 12 | | who is:
| 13 | | (A) accredited to the United States Government or | 14 | | the Government's
mission to an international | 15 | | organization having its headquarters in the United
| 16 | | States; or
| 17 | | (B) en route to or from another country to which | 18 | | that alien is
accredited;
| 19 | | (3) an official of a foreign government or | 20 | | distinguished foreign visitor
who has been so designated by | 21 | | the Department of State;
| 22 | | (4) a foreign law enforcement officer of a friendly | 23 | | foreign government
entering the United States on official | 24 | | business; or
| 25 | | (5) one who has received a waiver from the Attorney | 26 | | General of the United
States pursuant to 18 U.S.C. |
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| 1 | | 922(y)(3);
| 2 | | (j) (Blank);
| 3 | | (k) A person who has been convicted within the past 5 years | 4 | | of battery,
assault, aggravated assault, violation of an order | 5 | | of protection, or a
substantially similar offense in another | 6 | | jurisdiction, in which a firearm was
used or possessed;
| 7 | | (l) A person who has been convicted of domestic battery, | 8 | | aggravated domestic battery, or a substantially
similar | 9 | | offense in another jurisdiction committed before, on or after | 10 | | January 1, 2012 (the effective date of Public Act 97-158). If | 11 | | the applicant or person who has been previously issued a | 12 | | Firearm Owner's Identification Card under this Act knowingly | 13 | | and intelligently waives the right to have an offense described | 14 | | in this paragraph (l) tried by a jury, and by guilty plea or | 15 | | otherwise, results in a conviction for an offense in which a | 16 | | domestic relationship is not a required element of the offense | 17 | | but in which a determination of the applicability of 18 U.S.C. | 18 | | 922(g)(9) is made under Section 112A-11.1 of the Code of | 19 | | Criminal Procedure of 1963, an entry by the court of a judgment | 20 | | of conviction for that offense shall be grounds for denying an | 21 | | application for and for revoking and seizing a Firearm Owner's | 22 | | Identification Card previously issued to the person under this | 23 | | Act;
| 24 | | (m) (Blank);
| 25 | | (n) A person who is prohibited from acquiring or possessing
| 26 | | firearms or firearm ammunition by any Illinois State statute or |
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| 1 | | by federal
law;
| 2 | | (o) A minor subject to a petition filed under Section 5-520 | 3 | | of the
Juvenile Court Act of 1987 alleging that the minor is a | 4 | | delinquent minor for
the commission of an offense that if | 5 | | committed by an adult would be a felony;
| 6 | | (p) An adult who had been adjudicated a delinquent minor | 7 | | under the Juvenile
Court Act of 1987 for the commission of an | 8 | | offense that if committed by an
adult would be a felony;
| 9 | | (q) A person who is not a resident of the State of | 10 | | Illinois, except as provided in subsection (a-10) of Section 4; | 11 | | or | 12 | | (r) A person who has been adjudicated as a mental | 13 | | defective. | 14 | | (B) The Department of State Police may revoke and seize a | 15 | | Firearm Owner's Identification
Card previously issued under | 16 | | this Act of a person who fails to report the loss or theft of a | 17 | | firearm a second time to the local law enforcement agency | 18 | | within 72 hours after obtaining knowledge of the second loss or | 19 | | theft.
| 20 | | (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, | 21 | | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13; | 22 | | 97-1167, eff. 6-1-13.)
| 23 | | Section 826. The Criminal Code of 2012 is amended by adding | 24 | | Section 24-4.1 as follows: |
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| 1 | | (720 ILCS 5/24-4.1 new)
| 2 | | Sec. 24-4.1. Report of lost or stolen firearms.
| 3 | | (a) If a person who possesses a valid Firearm Owner's | 4 | | Identification Card and who possesses or acquires a firearm | 5 | | thereafter loses or misplaces the firearm, or if the firearm is | 6 | | stolen from the person, the person must report the loss or | 7 | | theft to the local law enforcement agency within 72 hours after | 8 | | obtaining knowledge of the loss or theft. | 9 | | (b) Sentence. A person who violates this Section is guilty | 10 | | of a petty offense for a first violation. A second or | 11 | | subsequent violation of this Section is a Class A misdemeanor.
| 12 | | Section 827. No acceleration or delay. Where this Act makes | 13 | | changes in a statute that is represented in this Act by text | 14 | | that is not yet or no longer in effect (for example, a Section | 15 | | represented by multiple versions), the use of that text does | 16 | | not accelerate or delay the taking effect of (i) the changes | 17 | | made by this Act or (ii) provisions derived from any other | 18 | | Public Act.".
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