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90_SB0550
720 ILCS 5/24-8 new
Amends the Criminal Code of 1961. Provides that upon
recovering a firearm from the possession of anyone under 21
years of age who is not authorized by federal or State law to
possess the firearm, the local law enforcement agency shall
trace where the person under 21 gained possession of the
firearm. Provides that upon completing a trace, the local
law enforcement agency shall record its findings on a form
prescribed by the Department of State Police and shall
forward a copy within 5 days to the Director of State Police.
LRB9002722RCks
LRB9002722RCks
1 AN ACT to amend the Criminal Code of 1961 by adding
2 Section 24-8.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 adding Section 24-8 as follows:
7 (720 ILCS 5/24-8 new)
8 Sec. 24-8. Firearm tracing.
9 (a) Upon recovering a firearm from the possession of
10 anyone under 21 years of age who is not permitted by federal
11 or State law to possess a firearm, a local law enforcement
12 agency shall use the best available information, including a
13 firearms trace where necessary, to determine how and from
14 where the person under 21 years of age gained possession of
15 the firearm. A firearms trace under this Section is not
16 considered complete until enough evidence exists to make
17 prosecution possible, or until all available resources have
18 been exhausted.
19 (b) Local law enforcement may use the National Tracing
20 Center of the Federal Bureau of Alcohol, Tobacco and Firearms
21 in complying with subsection (a) of this Section.
22 (c) The Illinois Department of State Police shall
23 prescribe a form for use by local law enforcement agencies to
24 record the trace results of the firearms recovered from
25 persons under 21 years of age. In addition to any other
26 information which the Department may request, the form shall
27 require: (i) the serial number, make, model or other
28 identifying information on the firearm if available; (ii) a
29 brief description of the circumstances under which the
30 firearm came into possession of the law enforcement agency,
31 including the crime which was or may have been committed with
-2- LRB9002722RCks
1 the firearm; (iii) the name or other identifying information
2 on the person under 21 years of age from which the firearm
3 was taken; (iv) the results of the firearms trace, including
4 the original place of sale and the chain of possession or
5 title of the firearm; and (v) the disposition of the firearm.
6 (d) Upon completing a firearms trace under subsection
7 (a) of this Section, the local law enforcement agency shall
8 record its findings on the prescribed form, retain one copy
9 of the completed form, and forward a duplicate copy, by first
10 class mail, within 5 working days to the Director of State
11 Police.
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