SB0549sam001 99TH GENERAL ASSEMBLY

Sen. Julie A. Morrison

Filed: 4/11/2016

09900SB0549sam001 LRB099 03300 RLC 46515 a

AMENDMENT TO SENATE BILL 549

AMENDMENT NO. ______. Amend Senate Bill 549 by replacing everything after the enacting clause with the following:

"Section 5. The Firearm Owners Identification Card Act is amended by changing Section 3.3 as follows:

(430 ILCS 65/3.3)

Sec. 3.3. Report to the local law enforcement agency.

(a) If the Department of State Police determines, based on information obtained under subsection (a-10) of Section 3 or Section 3.1 of this Act, that a person attempting to purchase a firearm or applying for a Firearm Owner's Identification Card is disqualified from possessing a firearm under State or federal law, the Department of State Police shall send notification of denial as described in this Section to all local law enforcement agencies, State's Attorneys, and United States Attorneys who have jurisdiction over either: (A) the area where the attempted purchase occurred; or (B) the area where the attempted purchaser or applicant resides.

(a-5) If the Department of State Police determines that a person attempting to purchase a firearm or applying for a Firearm Owner's Identification Card is disqualified from possessing a firearm under State or federal law, and that the person is on probation, conditional discharge, parole, aftercare release, or mandatory supervised release, the Department of State Police shall send notification of denial as described in this Section to the person's probation, parole, or aftercare release officer.

(b) The notification under subsection (a) of this Section shall include the identity of the attempted purchaser or applicant, the date and time of the denial, the grounds for the denial, and the location where the attempted purchase or application was made.

(c) The Department of State Police shall make the notification under subsection (a) of this Section within 24 hours after the denial, except that, if the notification would compromise an ongoing investigation, the notification may be delayed for so long as necessary to avoid compromising the ongoing investigation.

(d) A local law enforcement agency that receives one or more of the notifications under subsection (a) of this Section shall, on an annual basis, make a written report to the Department of State Police, including the following information for each notification received in that period:

(1) whether the denial is the subject of an active or completed investigation;

(2) the status of any open investigation and the disposition of any completed investigation arising from the denial, including without limitation whether the attempted purchaser or applicant was arrested, referred for prosecution, or convicted of a crime in connection with the denial;

(3) if the denial did not give rise to an investigation, an explanation of why no investigation occurred; and

(4) any other information the local law enforcement agency deems relevant to the denial.

(e) A State's Attorney who receives one or more of the notifications under subsection (a) of this Section shall, on an annual basis, make a written report to the Department of State Police, including the following information for each notification received in that period:

(1) whether the denial is the subject of an active or completed investigation;

(2) whether the attempted purchaser or applicant has been arrested or charged with violating Section 24-3.5 of the Criminal Code of 2012, subsection (d-5) of Section 14 of this Act, or any other provision of State law, in connection with the denial and, if so, a description of the charge or charges;

(3) the disposition of every charge filed against the attempted purchaser or applicant in connection with the denial;

(4) if the denial did not give rise to a criminal charge, an explanation of why no charge was filed; and

(5) any other information the State's Attorney deems relevant to the denial.

(f) The Department of State Police shall publish a written report, on an annual basis, including the following information:

(1) the number of denials of firearm transfers;

(2) the number of denials of applications for Firearm Owner's Identification Cards;

(3) the number of notifications of denial made to State law enforcement agencies, local law enforcement agencies, State's Attorneys, and United States Attorneys under subsection (a) of this Section;

(4) if notification was not made for any denials, an explanation of why the notification was not made;

(5) the number of investigations opened, the number of investigations concluded, and the number of referrals for prosecution;

(6) the number of investigations opened, by grounds for denial;

(7) the number of referrals for prosecution, by grounds for denial;

(8) the number of charges arising from denials, by type of charge and grounds for denial; and

(9) the disposition of all these charges, by type of charge and grounds for denial. The Department of State Police must report the name and address of a person to the local law enforcement agency where the person resides if the person attempting to purchase a firearm is disqualified from purchasing a firearm because of information obtained under subsection (a-10) of Section 3 or Section 3.1 that would disqualify the person from obtaining a Firearm Owner's Identification Card under any of subsections (c) through (n) of Section 8 of this Act.

(Source: P.A. 98-508, eff. 8-19-13.)".