SB0715sam001 101ST GENERAL ASSEMBLY

Sen. Bill Cunningham

Filed: 3/14/2019

10100SB0715sam001 LRB101 04476 SLF 57471 a

AMENDMENT TO SENATE BILL 715

AMENDMENT NO. ______. Amend Senate Bill 715 by replacing everything after the enacting clause with the following:

"Section 5. The State Finance Act is amended by adding Section 5.891 as follows:

(30 ILCS 105/5.891 new)

Sec. 5.891. The Revocation Enforcement Group Services Fund.

Section 10. The Firearm Owners Identification Card Act is amended by changing Sections 5, 9, and 9.5 as follows:

(430 ILCS 65/5) (from Ch. 38, par. 83-5)

Sec. 5. Application and renewal.

(a) The Department of State Police shall either approve or deny all applications within 30 days from the date they are received, except as provided in subsection (b) of this Section, and every applicant found qualified under Section 8 of this Act by the Department shall be entitled to a Firearm Owner's Identification Card upon the payment of a $15 $10 fee. Any applicant who is an active duty member of the Armed Forces of the United States, a member of the Illinois National Guard, or a member of the Reserve Forces of the United States is exempt from the application fee. $6 of each fee derived from the issuance of Firearm Owner's Identification Cards, or renewals thereof, shall be deposited in the Wildlife and Fish Fund in the State Treasury; $5 of the fee shall be deposited into the Revocation Enforcement Group Services Fund; $1 of the fee shall be deposited in the State Police Services Fund; and $3 of the fee shall be deposited in the State Police Firearm Services Fund.

(b) Renewal applications shall be approved or denied within 60 business days, provided the applicant submitted his or her renewal application prior to the expiration of his or her Firearm Owner's Identification Card. If a renewal application has been submitted prior to the expiration date of the applicant's Firearm Owner's Identification Card, the Firearm Owner's Identification Card shall remain valid while the Department processes the application, unless the person is subject to or becomes subject to revocation under this Act. The cost for a renewal application shall be $10 which shall be deposited into the State Police Firearm Services Fund.

(Source: P.A. 100-906, eff. 1-1-19.)

(430 ILCS 65/9) (from Ch. 38, par. 83-9)

Sec. 9.

(a) Every person whose application for a Firearm Owner's Identification Card is denied, and every holder of such a Card whose Card is revoked or seized, shall receive a written notice from the Department of State Police stating specifically the grounds upon which his application has been denied or upon which his Identification Card has been revoked. The written notice shall include the requirements of Section 9.5 of this Act and the person's right to administrative or judicial review under Section 10 and 11 of this Act.

(b) A copy of the written notice shall be provided to the sheriff and law enforcement agency where the person resides as soon as practicable but in no event later than 24 hours following the revocation. The notice shall be provided electronically and shall include every inquiry made by a federally licensed firearm dealer, gun show promoter, or gun show vendor on behalf of the revoked person under Section 3.1. The information provided shall include the unique identification number assigned under paragraph (1) of subsection (c) of Section 3.1.

(Source: P.A. 100-201, eff. 8-18-17.)

(430 ILCS 65/9.5)

Sec. 9.5. Revocation of Firearm Owner's Identification Card and establishment of Revocation Enforcement Groups.

(a) A person who receives a revocation notice under Section 9 of this Act shall, within 48 hours of receiving notice of the revocation:

(1) surrender his or her Firearm Owner's Identification Card to the local law enforcement agency where the person resides. The local law enforcement agency shall provide the person a receipt and transmit the Firearm Owner's Identification Card to the Department of State Police; and

(2) complete a Firearm Disposition Record on a form prescribed by the Department of State Police and place his or her firearms in the location or with the person reported in the Firearm Disposition Record. The form shall require the person to disclose:

(A) the make, model, and serial number of each firearm owned by or under the custody and control of the revoked person;

(B) the location where each firearm will be maintained during the prohibited term; and

(C) if any firearm will be transferred to the custody of another person, the name, address and Firearm Owner's Identification Card number of the transferee.

(b) The local law enforcement agency shall provide a copy of the Firearm Disposition Record to the person whose Firearm Owner's Identification Card has been revoked and to the Department of State Police.

(c) If the person whose Firearm Owner's Identification Card has been revoked fails to comply with the requirements of this Section, the sheriff or law enforcement agency where the person resides may petition the circuit court to issue a warrant to search for and seize the Firearm Owner's Identification Card and firearms in the possession or under the custody or control of the person whose Firearm Owner's Identification Card has been revoked.

(d) A violation of subsection (a) of this Section is a Class 4 felony A misdemeanor.

(e) The observation of a Firearm Owner's Identification Card in the possession of a person whose Firearm Owner's Identification Card has been revoked constitutes a sufficient basis for the arrest of that person for violation of this Section.

(f) Within 30 days after the effective date of this amendatory Act of the 98th General Assembly, the Department of State Police shall provide written notice of the requirements of this Section to persons whose Firearm Owner's Identification Cards have been revoked, suspended, or expired and who have failed to surrender their cards to the Department.

(g) A person whose Firearm Owner's Identification Card has been revoked and who received notice under subsection (f) shall comply with the requirements of this Section within 48 hours of receiving notice.

(h) The Sheriff may convene Revocation Enforcement Groups to seize and recover the Firearm Owner's Identification Cards of revoked persons and to enforce compliance with the requirements of this subsection (h). Revocation Enforcement Groups may include, but shall not be limited to, representatives from the Department of State Police, county sheriff's office, local law enforcement agency wherein the revoked person resides, and a representative from the States Attorney's office from the county in which the revoked person resides. The Revocation Enforcement Group Services Fund is created as a special fund in the State treasury to implement this subsection (h).

(Source: P.A. 98-63, eff. 7-9-13.)

Section 99. Effective date. This Act takes effect upon becoming law.".