Full Text of HB0183 94th General Assembly
HB0183ham001 94TH GENERAL ASSEMBLY
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Judiciary I - Civil Law Committee
Filed: 3/9/2005
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09400HB0183ham001 |
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LRB094 03906 RLC 41904 a |
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| AMENDMENT TO HOUSE BILL 183
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| AMENDMENT NO. ______. Amend House Bill 183 by replacing | 3 |
| everything after the enacting clause with the following:
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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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| (b) At least 30 days before any hearing in the circuit |
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LRB094 03906 RLC 41904 a |
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| court, the
petitioner shall serve the
relevant State's Attorney | 2 |
| of the county where the petition is brought and the State's | 3 |
| Attorney of the county where the conviction occurred
with a | 4 |
| copy of the petition. The State's Attorney of the county where | 5 |
| the petition is brought
may object to the petition and present | 6 |
| evidence. At the hearing the court
shall
determine whether | 7 |
| substantial justice has been done. Should the court
determine | 8 |
| that substantial justice has not been done, the court shall | 9 |
| issue an
order directing the Department of State Police to | 10 |
| 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 |
| of the county where the petition was brought
has been | 23 |
| served
with a written
copy of the
petition at least 30 days | 24 |
| before any such hearing in the circuit court and at
the | 25 |
| hearing the
State's Attorney of the county where the | 26 |
| petition was brought
was afforded an opportunity to present | 27 |
| evidence and object to
the petition;
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| (1) the applicant has not been convicted of a forcible | 29 |
| felony under the
laws of this State or any other | 30 |
| jurisdiction within 20 years of the
applicant's | 31 |
| application for a Firearm Owner's Identification Card, or | 32 |
| at
least 20 years have passed since the end of any period | 33 |
| of imprisonment
imposed in relation to that conviction;
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| (2) the circumstances regarding a criminal conviction, |
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LRB094 03906 RLC 41904 a |
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| where applicable,
the applicant's criminal history and his | 2 |
| reputation are such that the applicant
will not be likely | 3 |
| to act in a manner dangerous to public safety; and
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| (3) granting relief would not be contrary to the public | 5 |
| interest.
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| (d) When a minor is adjudicated delinquent for an offense | 7 |
| which if
committed by an adult would be a felony, the court | 8 |
| shall notify the Department
of State Police.
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| (e) The court shall review the denial of an application or | 10 |
| the revocation of
a Firearm Owner's Identification Card of a | 11 |
| person who has been adjudicated
delinquent for an offense that | 12 |
| if
committed by an adult would be a felony if an
application | 13 |
| for relief has been filed at least 10 years after the | 14 |
| adjudication
of delinquency and the court determines that the | 15 |
| applicant should be
granted relief from disability to obtain a | 16 |
| Firearm Owner's Identification Card.
If the court grants | 17 |
| relief, the court shall notify the Department of State
Police | 18 |
| that the disability has
been removed and that the applicant is | 19 |
| 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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