Full Text of HB0136 94th General Assembly
HB0136 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0136
Introduced 1/10/2005, by Rep. Mike Bost SYNOPSIS AS INTRODUCED: |
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430 ILCS 65/10 |
from Ch. 38, par. 83-10 |
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Amends the Firearm Owners Identification Card Act. Provides that when the Department of State Police fails to act upon an application for a Firearm Owner's Identification Card within 30 days after receipt, or if the application was wrongfully denied, the applicant may seek relief from the circuit court in writing in the county of his or her residence. Provides that the applicant is entitled to recover any costs, attorney's fees, damages, and not less than $500 per day nor more than $1,000 per day for every day past the 30th day in which the Department failed to act.
Effective immediately.
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A BILL FOR
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HB0136 |
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LRB094 05549 RLC 35598 b |
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Firearm Owners Identification Card Act is | 5 |
| amended by changing Section 10 as follows:
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| (430 ILCS 65/10) (from Ch. 38, par. 83-10)
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| Sec. 10. (a) Whenever an application for a Firearm Owner's | 8 |
| Identification
Card is denied, whenever the Department fails to | 9 |
| act on an application
within 30 days of its receipt, or | 10 |
| whenever such a Card is revoked or seized
as provided for in | 11 |
| Section 8 of this Act, the aggrieved party may
appeal
to the | 12 |
| Director of the Department of State Police for a hearing upon
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| such denial, revocation or seizure, unless the denial, | 14 |
| revocation, or seizure
was based upon a forcible felony, | 15 |
| stalking, aggravated stalking, domestic
battery, any violation | 16 |
| of either the Illinois Controlled Substances Act or the
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| Cannabis Control Act that is classified as a Class 2 or greater | 18 |
| felony,
any
felony violation of Article 24 of the Criminal Code | 19 |
| of 1961, or any
adjudication as a delinquent minor for the | 20 |
| commission of an
offense that if committed by an adult would be | 21 |
| a felony, in which case the
aggrieved party may petition the | 22 |
| circuit court in writing in the county of
his or her residence | 23 |
| for a hearing upon such denial, revocation, or seizure.
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| (a-5) When the Department of State Police fails to act upon | 25 |
| an application for a Firearm Owner's Identification
Card within | 26 |
| 30 days after receipt, or if the application was wrongfully | 27 |
| denied, the applicant may seek relief from the circuit court in | 28 |
| writing in the county of his or her residence. The applicant | 29 |
| shall be entitled to recover any costs, attorney's fees, | 30 |
| damages, and not less than $500 per day nor more than $1,000 | 31 |
| per day for every day past the 30th day in which the Department | 32 |
| failed to act.
For the purposes of this Section, "receipt" |
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HB0136 |
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LRB094 05549 RLC 35598 b |
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| means whenever the Department or its agent takes possession of | 2 |
| the completed application and fee.
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| (b) At least 30 days before any hearing in the circuit | 4 |
| court, the
petitioner shall serve the
relevant State's Attorney | 5 |
| with a copy of the petition. The State's Attorney
may object to | 6 |
| the petition and present evidence. At the hearing the court
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| shall
determine whether substantial justice has been done. | 8 |
| Should the court
determine that substantial justice has not | 9 |
| been done, the court shall issue an
order directing the | 10 |
| Department of State Police to issue a Card.
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| (c) Any person prohibited from possessing a firearm under | 12 |
| Sections 24-1.1
or 24-3.1 of the Criminal Code of 1961 or | 13 |
| acquiring a Firearm Owner's
Identification Card under Section 8 | 14 |
| of this Act may apply to
the Director
of the Department of | 15 |
| State Police
or petition the circuit court in the county where | 16 |
| the petitioner resides,
whichever is applicable in accordance | 17 |
| with subsection (a) of this Section,
requesting relief
from | 18 |
| such prohibition and the Director or court may grant such | 19 |
| relief if it
is
established by the applicant to the court's or | 20 |
| Director's satisfaction
that:
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| (0.05) when in the circuit court, the State's Attorney | 22 |
| has been served
with a written
copy of the
petition at | 23 |
| least 30 days before any such hearing in the circuit court | 24 |
| and at
the hearing the
State's Attorney was afforded an | 25 |
| opportunity to present evidence and object to
the petition;
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| (1) the applicant has not been convicted of a forcible | 27 |
| felony under the
laws of this State or any other | 28 |
| jurisdiction within 20 years of the
applicant's | 29 |
| application for a Firearm Owner's Identification Card, or | 30 |
| at
least 20 years have passed since the end of any period | 31 |
| of imprisonment
imposed in relation to that conviction;
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| (2) the circumstances regarding a criminal conviction, | 33 |
| where applicable,
the applicant's criminal history and his | 34 |
| reputation are such that the applicant
will not be likely | 35 |
| to act in a manner dangerous to public safety; and
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| (3) granting relief would not be contrary to the public |
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HB0136 |
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LRB094 05549 RLC 35598 b |
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| interest.
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| (d) When a minor is adjudicated delinquent for an offense | 3 |
| which if
committed by an adult would be a felony, the court | 4 |
| shall notify the Department
of State Police.
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| (e) The court shall review the denial of an application or | 6 |
| the revocation of
a Firearm Owner's Identification Card of a | 7 |
| person who has been adjudicated
delinquent for an offense that | 8 |
| if
committed by an adult would be a felony if an
application | 9 |
| for relief has been filed at least 10 years after the | 10 |
| adjudication
of delinquency and the court determines that the | 11 |
| applicant should be
granted relief from disability to obtain a | 12 |
| Firearm Owner's Identification Card.
If the court grants | 13 |
| relief, the court shall notify the Department of State
Police | 14 |
| that the disability has
been removed and that the applicant is | 15 |
| eligible to obtain a Firearm Owner's
Identification Card.
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| (Source: P.A. 92-442, eff. 8-17-01; 93-367, eff. 1-1-04.)
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| Section 99. Effective date. This Act takes effect upon | 18 |
| becoming law.
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