Full Text of HB5558 103rd General Assembly
HB5558 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB5558 Introduced 2/9/2024, by Rep. Tracy Katz Muhl SYNOPSIS AS INTRODUCED: | | | Amends the Criminal Code of 2012. Eliminates the criminal penalty for failure to report a lost or stolen firearm to the local law enforcement agency within 72 hours after obtaining knowledge of the loss or theft. Provides that if a firearm that has been lost is found by a law enforcement officer, whether or not the firearm has been reported by its previous possessor as lost or stolen to the local law enforcement agency within the time period required by this provision, the law enforcement agency, upon the identification of the previous possessor of the firearm, shall issue a citation for which a penalty shall be set at $500 for a first offense and $1,000 for a second offense. Provides that if the offender fails to pay the fine, the offender forfeits the lost firearm and the offender's Firearm Owner's Identification Card and concealed carry license, if any have been issued to the offender, are revoked. Provides that Provides that after 3 lost or stolen firearms, the court shall revoke the person's Firearm Owner's Identification Card and concealed carry license if issued to the person. Provides that any person whose Firearm Owner's Identification Card or concealed carry license is revoked as a result of this provision shall surrender all the person's firearms, Firearm Owner's Identification Card, and concealed carry license to the local law enforcement agency. |
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| | A BILL FOR |
| | | | HB5558 | | LRB103 38826 RLC 69621 b |
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| 1 | | AN ACT concerning criminal law. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Section 24-4.1 as follows: | 6 | | (720 ILCS 5/24-4.1) | 7 | | Sec. 24-4.1. Report of lost or stolen firearms. | 8 | | (a) If a person who possesses a valid Firearm Owner's | 9 | | Identification Card and who possesses or acquires a firearm | 10 | | thereafter loses the firearm, or if the firearm is stolen from | 11 | | the person, the person must report the loss or theft to the | 12 | | local law enforcement agency within 72 hours after obtaining | 13 | | knowledge of the loss or theft. | 14 | | (b) A law enforcement agency having jurisdiction shall | 15 | | take a written report and shall, as soon as practical, enter | 16 | | the firearm's serial number as stolen into the Law Enforcement | 17 | | Agencies Data System (LEADS). | 18 | | (c) A person shall not be in violation of this Section if: | 19 | | (1) the failure to report is due to an act of God, act | 20 | | of war, or inability of a law enforcement agency to | 21 | | receive the report; | 22 | | (2) the person is hospitalized, in a coma, or is | 23 | | otherwise seriously physically or mentally impaired as to |
| | | HB5558 | - 2 - | LRB103 38826 RLC 69621 b |
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| 1 | | prevent the person from reporting; or | 2 | | (3) the person's designee makes a report if the person | 3 | | is unable to make the report. | 4 | | (c-1) If a firearm that has been lost is found by a law | 5 | | enforcement officer, whether or not the firearm has been | 6 | | reported by its previous possessor as lost or stolen to the | 7 | | local law enforcement agency within the time period required | 8 | | by subsection (a), the law enforcement agency, upon the | 9 | | identification of the previous possessor of the firearm, shall | 10 | | issue a citation for which a penalty shall be set at $500 for a | 11 | | first offense and $1,000 for a second offense. If the offender | 12 | | fails to pay the fine, the offender forfeits the lost firearm | 13 | | and the offender's Firearm Owner's Identification Card and | 14 | | concealed carry license, if any have been issued to the | 15 | | offender, are revoked. After 3 lost or stolen firearms, the | 16 | | court shall revoke the person's Firearm Owner's Identification | 17 | | Card and concealed carry license if issued to the person. Any | 18 | | person whose Firearm Owner's Identification Card or concealed | 19 | | carry license is revoked as a result of this subsection (c-1) | 20 | | shall surrender all the person's firearms, Firearm Owner's | 21 | | Identification Card, and concealed carry license to the local | 22 | | law enforcement agency. | 23 | | (d) Sentence. A person who violates this Section is guilty | 24 | | of a petty offense for a first violation. A second or | 25 | | subsequent violation of this Section is a Class A misdemeanor. | 26 | | (Source: P.A. 98-508, eff. 8-19-13.) |
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