HB3791 96TH GENERAL ASSEMBLY 






 

 		











96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3791


 
Introduced 2/25/2009, by Rep. Elizabeth Hernandez
 
SYNOPSIS AS INTRODUCED:
 		













720 ILCS 5/24-11 new










    Amends the Criminal Code of 1961.  Provides that a municipal police department or church may establish a Firearm Relinquishment Amnesty Program.  Provides that a  resident of the county or municipality where the law enforcement agency that has established a Firearm Relinquishment Amnesty Program is located may, without identifying himself or herself and without being subject to prosecution for a violation of State law or a county or municipal ordinance relating to the illegal possession of that firearm, transfer the firearm to that local law enforcement agency or church.  Preempts home rule.  Effective immediately.
















LRB096 09909 RLC 20072 b

















FISCAL NOTE ACT MAY APPLY


HOME RULE NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB3791

LRB096 09909 RLC 20072 b






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 1961 is amended  by adding 
5
Section 24-11 as follows:
 
6
    (720 ILCS 5/24-11  new)
7
    Sec. 24-11. Firearm Relinquishment Amnesty Program.
8
    (a) A municipal police department or church may establish a 
9
Firearm Relinquishment Amnesty Program.  A resident of the 
10
county or municipality where the law enforcement agency that 
11
has established a Firearm Relinquishment Amnesty Program is 
12
located may, without identifying himself or herself and without 
13
being subject to prosecution for a violation of State law or a 
14
county or municipal ordinance relating to the illegal 
15
possession of that firearm, transfer the firearm to that local 
16
law enforcement agency or church.
17
    (b)  A local law enforcement agency that has knowledge that 
18
a resident who relinquishes a firearm in accordance with this 
19
Section is in violation of federal law concerning the 
20
resident's possession of the firearm may not inform a federal 
21
law enforcement agency or United States Attorney's Office or 
22
United States Attorney General's Office of such violation 
23
unless the failure to inform such agency or Office would be a 
 


 






HB3791
- 2 -
LRB096 09909 RLC 20072 b




1
violation of federal law.
2
    (c) A home rule unit may not exercise its home rule powers 
3
and functions  in a manner that is inconsistent with this 
4
Section. This subsection (c) is a limitation under subsection 
5
(i) of Section 6 of Article VII of the Illinois Constitution on 
6
the concurrent exercise by home rule units of powers and 
7
functions exercised by the State.
 

8
    Section 99. Effective date. This Act takes effect upon 
9
becoming law.