Sen. Scott M. Bennett
Filed: 3/30/2022
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1 | AMENDMENT TO HOUSE BILL 5196
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2 | AMENDMENT NO. ______. Amend House Bill 5196 on page 26, | ||||||
3 | line 23, after the period, by inserting " This definition does | ||||||
4 | not supersede the "developmental disability" definition in | ||||||
5 | Section 1.1 of the Firearm Owners Identification Card Act | ||||||
6 | which is required to be applied under that Act for the purpose | ||||||
7 | of mandatory reporting. "; and
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8 | on page 27, line 23, after the period, by inserting " This | ||||||
9 | definition does not supersede the "intellectual disability" | ||||||
10 | definition in Section 1.1 of the Firearm Owners Identification | ||||||
11 | Card Act which is required to be applied under that Act for the | ||||||
12 | purpose of mandatory reporting"; and | ||||||
13 | on page 39, immediately below line 9, by inserting the | ||||||
14 | following: | ||||||
15 | "Section 65. The Firearm Owners Identification Card Act is |
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1 | amended by changing Section 1.1 as follows:
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2 | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
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3 | Sec. 1.1. For purposes of this Act:
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4 | "Addicted to narcotics" means a person who has been: | ||||||
5 | (1) convicted of an offense involving the use or | ||||||
6 | possession of cannabis, a controlled substance, or | ||||||
7 | methamphetamine within the past year; or | ||||||
8 | (2) determined by the Illinois State Police to be | ||||||
9 | addicted to narcotics based upon federal law or federal | ||||||
10 | guidelines. | ||||||
11 | "Addicted to narcotics" does not include possession or use | ||||||
12 | of a prescribed controlled substance under the direction and | ||||||
13 | authority of a physician or other person authorized to | ||||||
14 | prescribe the controlled substance when the controlled | ||||||
15 | substance is used in the prescribed manner. | ||||||
16 | "Adjudicated as a person with a mental disability" means | ||||||
17 | the person is the subject of a determination by a court, board, | ||||||
18 | commission or other lawful authority that the person, as a | ||||||
19 | result of marked subnormal intelligence, or mental illness, | ||||||
20 | mental impairment, incompetency, condition, or disease: | ||||||
21 | (1) presents a clear and present danger to himself, | ||||||
22 | herself, or to others; | ||||||
23 | (2) lacks the mental capacity to manage his or her own | ||||||
24 | affairs or is adjudicated a person with a disability as | ||||||
25 | defined in Section 11a-2 of the Probate Act of 1975; |
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1 | (3) is not guilty in a criminal case by reason of | ||||||
2 | insanity, mental disease or defect; | ||||||
3 | (3.5) is guilty but mentally ill, as provided in | ||||||
4 | Section 5-2-6 of the Unified Code of Corrections; | ||||||
5 | (4) is incompetent to stand trial in a criminal case; | ||||||
6 | (5) is not guilty by reason of lack of mental | ||||||
7 | responsibility under Articles 50a and 72b of the Uniform | ||||||
8 | Code of Military Justice, 10 U.S.C. 850a, 876b;
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9 | (6) is a sexually violent person under subsection (f) | ||||||
10 | of Section 5 of the Sexually Violent Persons Commitment | ||||||
11 | Act; | ||||||
12 | (7) is a sexually dangerous person under the Sexually | ||||||
13 | Dangerous Persons Act; | ||||||
14 | (8) is unfit to stand trial under the Juvenile Court | ||||||
15 | Act of 1987; | ||||||
16 | (9) is not guilty by reason of insanity under the | ||||||
17 | Juvenile Court Act of 1987; | ||||||
18 | (10) is subject to involuntary admission as an | ||||||
19 | inpatient as defined in Section 1-119 of the Mental Health | ||||||
20 | and Developmental Disabilities Code; | ||||||
21 | (11) is subject to involuntary admission as an | ||||||
22 | outpatient as defined in Section 1-119.1 of the Mental | ||||||
23 | Health and Developmental Disabilities Code; | ||||||
24 | (12) is subject to judicial admission as set forth in | ||||||
25 | Section 4-500 of the Mental Health and Developmental | ||||||
26 | Disabilities Code; or |
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1 | (13) is subject to the provisions of the Interstate | ||||||
2 | Agreements on Sexually Dangerous Persons Act. | ||||||
3 | "Clear and present danger" means a person who: | ||||||
4 | (1) communicates a serious threat of physical violence | ||||||
5 | against a reasonably identifiable victim or poses a clear | ||||||
6 | and imminent risk of serious physical injury to himself, | ||||||
7 | herself, or another person as determined by a physician, | ||||||
8 | clinical psychologist, or qualified examiner; or | ||||||
9 | (2) demonstrates threatening physical or verbal | ||||||
10 | behavior, such as violent, suicidal, or assaultive | ||||||
11 | threats, actions, or other behavior, as determined by a | ||||||
12 | physician, clinical psychologist, qualified examiner, | ||||||
13 | school administrator, or law enforcement official. | ||||||
14 | "Clinical psychologist" has the meaning provided in | ||||||
15 | Section 1-103 of the Mental Health and Developmental | ||||||
16 | Disabilities Code. | ||||||
17 | "Controlled substance" means a controlled substance or | ||||||
18 | controlled substance analog as defined in the Illinois | ||||||
19 | Controlled Substances Act. | ||||||
20 | "Counterfeit" means to copy or imitate, without legal | ||||||
21 | authority, with
intent
to deceive. | ||||||
22 | "Developmental disability" means a severe, chronic | ||||||
23 | disability of an individual that: | ||||||
24 | (1) is attributable to a mental or physical impairment | ||||||
25 | or combination of mental and physical impairments; | ||||||
26 | (2) is manifested before the individual attains age |
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1 | 22; | ||||||
2 | (3) is likely to continue indefinitely; | ||||||
3 | (4) results in substantial functional limitations in 3 | ||||||
4 | or more of the following areas of major life activity: | ||||||
5 | (A) Self-care. | ||||||
6 | (B) Receptive and expressive language. | ||||||
7 | (C) Learning. | ||||||
8 | (D) Mobility. | ||||||
9 | (E) Self-direction. | ||||||
10 | (F) Capacity for independent living. | ||||||
11 | (G) Economic self-sufficiency; and | ||||||
12 | (5) reflects the individual's need for a combination | ||||||
13 | and sequence of special, interdisciplinary, or generic | ||||||
14 | services, individualized supports, or other forms of | ||||||
15 | assistance that are of lifelong or extended duration and | ||||||
16 | are individually planned and coordinated. | ||||||
17 | "Federally licensed firearm dealer" means a person who is | ||||||
18 | licensed as a federal firearms dealer under Section 923 of the | ||||||
19 | federal Gun Control Act of 1968 (18 U.S.C. 923).
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20 | "Firearm" means any device, by
whatever name known, which | ||||||
21 | is designed to expel a projectile or projectiles
by the action | ||||||
22 | of an explosion, expansion of gas or escape of gas; excluding,
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23 | however:
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24 | (1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
25 | B-B gun which
expels a single globular projectile not | ||||||
26 | exceeding .18 inch in
diameter or which has a maximum |
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1 | muzzle velocity of less than 700 feet
per second;
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2 | (1.1) any pneumatic gun, spring gun, paint ball gun, | ||||||
3 | or B-B gun which expels breakable paint balls containing | ||||||
4 | washable marking colors; | ||||||
5 | (2) any device used exclusively for signaling or | ||||||
6 | safety and required or
recommended by the United States | ||||||
7 | Coast Guard or the Interstate Commerce
Commission;
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8 | (3) any device used exclusively for the firing of stud | ||||||
9 | cartridges,
explosive rivets or similar industrial | ||||||
10 | ammunition; and
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11 | (4) an antique firearm (other than a machine-gun) | ||||||
12 | which, although
designed as a weapon, the Illinois State | ||||||
13 | Police finds by reason of
the date of its manufacture, | ||||||
14 | value, design, and other characteristics is
primarily a | ||||||
15 | collector's item and is not likely to be used as a weapon.
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16 | "Firearm ammunition" means any self-contained cartridge or | ||||||
17 | shotgun
shell, by whatever name known, which is designed to be | ||||||
18 | used or adaptable to
use in a firearm; excluding, however:
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19 | (1) any ammunition exclusively designed for use with a | ||||||
20 | device used
exclusively for signaling signalling or safety | ||||||
21 | and required or recommended by the
United States Coast | ||||||
22 | Guard or the Interstate Commerce Commission; and
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23 | (2) any ammunition designed exclusively for use with a | ||||||
24 | stud or rivet
driver or other similar industrial | ||||||
25 | ammunition. | ||||||
26 | "Gun show" means an event or function: |
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1 | (1) at which the sale and transfer of firearms is the | ||||||
2 | regular and normal course of business and where 50 or more | ||||||
3 | firearms are displayed, offered, or exhibited for sale, | ||||||
4 | transfer, or exchange; or | ||||||
5 | (2) at which not less than 10 gun show vendors | ||||||
6 | display, offer, or exhibit for sale, sell, transfer, or | ||||||
7 | exchange firearms.
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8 | "Gun show" includes the entire premises provided for an | ||||||
9 | event or function, including parking areas for the event or | ||||||
10 | function, that is sponsored to facilitate the purchase, sale, | ||||||
11 | transfer, or exchange of firearms as described in this | ||||||
12 | Section.
Nothing in this definition shall be construed to | ||||||
13 | exclude a gun show held in conjunction with competitive | ||||||
14 | shooting events at the World Shooting Complex sanctioned by a | ||||||
15 | national governing body in which the sale or transfer of | ||||||
16 | firearms is authorized under subparagraph (5) of paragraph (g) | ||||||
17 | of subsection (A) of Section 24-3 of the Criminal Code of 2012. | ||||||
18 | Unless otherwise expressly stated, "gun show" does not | ||||||
19 | include training or safety classes, competitive shooting | ||||||
20 | events, such as rifle, shotgun, or handgun matches, trap, | ||||||
21 | skeet, or sporting clays shoots, dinners, banquets, raffles, | ||||||
22 | or
any other event where the sale or transfer of firearms is | ||||||
23 | not the primary course of business. | ||||||
24 | "Gun show promoter" means a person who organizes or | ||||||
25 | operates a gun show. | ||||||
26 | "Gun show vendor" means a person who exhibits, sells, |
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1 | offers for sale, transfers, or exchanges any firearms at a gun | ||||||
2 | show, regardless of whether the person arranges with a gun | ||||||
3 | show promoter for a fixed location from which to exhibit, | ||||||
4 | sell, offer for sale, transfer, or exchange any firearm. | ||||||
5 | "Intellectual disability" means significantly subaverage | ||||||
6 | general intellectual functioning, existing concurrently with | ||||||
7 | deficits in adaptive behavior and manifested during the | ||||||
8 | developmental period, which is defined as before the age of | ||||||
9 | 22, that adversely affects a child's educational performance. | ||||||
10 | "Involuntarily admitted" has the meaning as prescribed in | ||||||
11 | Sections 1-119 and 1-119.1 of the Mental Health and | ||||||
12 | Developmental Disabilities Code. | ||||||
13 | "Mental health facility" means any licensed private | ||||||
14 | hospital or hospital affiliate, institution, or facility, or | ||||||
15 | part thereof, and any facility, or part thereof, operated by | ||||||
16 | the State or a political subdivision thereof which provides | ||||||
17 | provide treatment of persons with mental illness and includes | ||||||
18 | all hospitals, institutions, clinics, evaluation facilities, | ||||||
19 | mental health centers, colleges, universities, long-term care | ||||||
20 | facilities, and nursing homes, or parts thereof, which provide | ||||||
21 | treatment of persons with mental illness whether or not the | ||||||
22 | primary purpose is to provide treatment of persons with mental | ||||||
23 | illness. | ||||||
24 | "National governing body" means a group of persons who | ||||||
25 | adopt rules and formulate policy on behalf of a national | ||||||
26 | firearm sporting organization. |
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1 | "Patient" means: | ||||||
2 | (1) a person who is admitted as an inpatient or | ||||||
3 | resident of a public or private mental health facility for | ||||||
4 | mental health treatment under Chapter III of the Mental | ||||||
5 | Health and Developmental Disabilities Code as an informal | ||||||
6 | admission, a voluntary admission, a minor admission, an | ||||||
7 | emergency admission, or an involuntary admission, unless | ||||||
8 | the treatment was solely for an alcohol abuse disorder; or | ||||||
9 | (2) a person who voluntarily or involuntarily receives | ||||||
10 | mental health treatment as an out-patient or is otherwise | ||||||
11 | provided services by a public or private mental health | ||||||
12 | facility , and who poses a clear and present danger to | ||||||
13 | himself, herself, or to others. | ||||||
14 | " Person with a developmental disability" means a person | ||||||
15 | with a disability which is attributable to any other condition | ||||||
16 | which results in impairment similar to that caused by an | ||||||
17 | intellectual disability and which requires services similar to | ||||||
18 | those required by persons with intellectual disabilities. The | ||||||
19 | disability must originate before the age of 18
years, be | ||||||
20 | expected to continue indefinitely, and constitute a | ||||||
21 | substantial disability. This disability results, in the | ||||||
22 | professional opinion of a physician, clinical psychologist, or | ||||||
23 | qualified examiner, in significant functional limitations in 3 | ||||||
24 | or more of the following areas of major life activity: | ||||||
25 | (i) self-care; | ||||||
26 | (ii) receptive and expressive language; |
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1 | (iii) learning; | ||||||
2 | (iv) mobility; or | ||||||
3 | (v) self-direction. | ||||||
4 | "Person with an intellectual disability" means a person | ||||||
5 | with a significantly subaverage general intellectual | ||||||
6 | functioning which exists concurrently with impairment in | ||||||
7 | adaptive behavior and which originates before the age of 18 | ||||||
8 | years. | ||||||
9 | "Physician" has the meaning as defined in Section 1-120 of | ||||||
10 | the Mental Health and Developmental Disabilities Code. | ||||||
11 | "Protective order" means any orders of protection issued | ||||||
12 | under the Illinois Domestic Violence Act of 1986, stalking no | ||||||
13 | contact orders issued under the Stalking No Contact Order Act, | ||||||
14 | civil no contact orders issued under the Civil No Contact | ||||||
15 | Order Act, and firearms restraining orders issued under the | ||||||
16 | Firearms Restraining Order Act. | ||||||
17 | "Qualified examiner" has the meaning provided in Section | ||||||
18 | 1-122 of the Mental Health and Developmental Disabilities | ||||||
19 | Code. | ||||||
20 | "Sanctioned competitive shooting event" means a shooting | ||||||
21 | contest officially recognized by a national or state shooting | ||||||
22 | sport association, and includes any sight-in or practice | ||||||
23 | conducted in conjunction with the event.
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24 | "School administrator" means the person required to report | ||||||
25 | under the School Administrator Reporting of Mental Health | ||||||
26 | Clear and Present Danger Determinations Law. |
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1 | "Stun gun or taser" has the meaning ascribed to it in | ||||||
2 | Section 24-1 of the Criminal Code of 2012. | ||||||
3 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
4 | revised 10-6-21.)".
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