HB1349ham001 94TH GENERAL ASSEMBLY

Human Services Committee

Filed: 3/9/2005

09400HB1349ham001 LRB094 09441 RXD 42991 a

AMENDMENT TO HOUSE BILL 1349

AMENDMENT NO. ______. Amend House Bill 1349 by replacing everything after the enacting clause with the following:

"Section 5. The Department of State Police Law of the Civil Administrative Code of Illinois is amended by adding Section 2605-560 as follows:

(20 ILCS 2605/2605-560 new)

Sec. 2605-560. Handgun Roster Board.

(a) There is established a Handgun Roster Board in the Department of State Police. The Board consists of 11 members.

(1) Of the 11 members of the Board:

(A) one shall be the Director of State Police as an ex officio member; and

(B) ten shall be appointed by the Governor with the advice and consent of the Senate.

(2) Of the 10 appointed members of the Board:

(A) one shall be a representative of a State law enforcement agency association;

(B) one shall be a representative of a State prosecutorial association;

(C) one shall be a handgun dealer, gunsmith, or representative of a handgun manufacturer;

(D) one shall be a resident of the State who is a representative of a rifle association;

(E) one shall be a representative of an organization that promotes gun violence prevention; and

(F) five shall be public members, 2 of whom shall be mechanical or electrical engineers.

(b) Each member of the Board, other than the Director of State Police, shall serve a term of 4 years. The Director of State Police shall serve as chairman. The Board shall appoint such other officers as it deems appropriate. The Board shall meet at the request of the chairman or of a majority of the members.

(c) The Board members shall receive no additional compensation for their service as members of the Board but may be reimbursed for their actual expenses for service on the Board from appropriations made to the Department of State Police for that purpose.

Section 10. The Criminal Code of 1961 is amended by adding Section 24-11 as follows:

(720 ILCS 5/24-11 new)

Sec. 24-11. Handgun safety devices.

(a) In this Section:

"Authorized user" means the owner and any person authorized by the owner to possess and use the handgun.

"External safety lock" means an external device that is:

(1) attached to a handgun with a key or combination lock; and

(2) designed to prevent a handgun from being discharged unless the device has been deactivated.

"Handgun" has the meaning ascribed to it in clause (h)(2) of subsection (A) of Section 24-3 of this Code.

"Handgun Roster Board" means the Board created in Section 2605-560 of the Department of State Police Law.

"Integrated mechanical safety device" means a disabling or locking device that is:

(1) built into a handgun; and

(2) designed to prevent the handgun from being discharged unless the device has been deactivated.

"Personalized handgun" means a handgun manufactured with incorporated design technology that:

(1) allows the handgun to be fired only by the authorized user; and

(2) prevents any of the safety characteristics of the handgun from being readily deactivated.

(b) A dealer may not sell, offer for sale, rent, or transfer in this State a handgun manufactured on or before December 31, 2005 unless the handgun is sold, offered for sale, rented, or transferred with an external safety lock.

(c) On or after January 1, 2006, a dealer may not sell, offer for sale, rent, or transfer in the State a handgun manufactured on or after January 1, 2006, unless the handgun has an integrated mechanical safety device.

(d) The Handgun Roster Board annually shall:

(1) review the status of personalized handgun technology; and

(2) on or before July 1, report its findings to the Governor and to the General Assembly.

(e) In reviewing the status of personalized handgun technology under paragraph (1) of subsection (d) of this Section, the Handgun Roster Board shall consider:

(1) the number and variety of models and calibers of personalized handguns that are available for sale;

(2) each study, analysis, or other evaluation of personalized handguns conducted or commissioned by: (A) the National Institute of Justice; (B) a federal, State, or local law enforcement laboratory; or (C) any other entity with an expertise in handgun technology; and

(3) any other information that the Handgun Roster Board considers relevant.

(f) This Section does not apply to:

(1) the purchase, sale, or transportation of a handgun to or by a federally licensed gun dealer or manufacturer that provides or services a handgun for: (i) personnel of any unit of the federal government; (ii) members of the armed forces of the United States or the National Guard; (iii) law enforcement personnel of the State or any local law enforcement agency in the State while acting within the scope of their official duties; and (iv) an organization that is required by federal law governing its specific business or activity to maintain handguns and applicable ammunition;

(2) a firearm modified to be permanently inoperative;

(3) the sale or transfer of a handgun by a federally licensed gun dealer or manufacturer covered under item (1) of this subsection;

(4) the sale or transfer of a handgun by a federally licensed gun dealer or manufacturer to a lawful customer outside the State; or

(5) an antique firearm.

(g) A dealer who violates subsection (b) or (c) of this Section is guilty of a Class 4 felony.".