Full Text of SB0031 96th General Assembly
SB0031sam001 96TH GENERAL ASSEMBLY
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Sen. Heather Steans
Filed: 2/25/2009
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| AMENDMENT TO SENATE BILL 31
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| AMENDMENT NO. ______. Amend Senate Bill 31 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 8 as follows:
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| (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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| Sec. 8. The Department of State Police has authority to | 8 |
| deny an
application for or to revoke and seize a Firearm | 9 |
| Owner's Identification
Card previously issued under this Act | 10 |
| only if the Department finds that the
applicant or the person | 11 |
| to whom such card was issued is or was at the time
of issuance:
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| (a) A person under 21 years of age who has been convicted | 13 |
| of a
misdemeanor other than a traffic offense or adjudged | 14 |
| delinquent;
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| (b) A person under 21 years of age who does not have the | 16 |
| written consent
of his parent or guardian to acquire and |
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| possess firearms and firearm
ammunition, or whose parent or | 2 |
| guardian has revoked such written consent,
or where such parent | 3 |
| or guardian does not qualify to have a Firearm Owner's
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| Identification Card;
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| (b-5) A parent or guardian of a child under 18 years of age | 6 |
| who resides with that parent or guardian, who because of a | 7 |
| failure to undertake reasonable precautions, such as those | 8 |
| specified in Section 24-9 of the Criminal Code of 1961, is | 9 |
| unable to prevent his or her child under 18 years of age from | 10 |
| gaining access to a firearm when: | 11 |
| (1) The child upon 2 or more occasions has had | 12 |
| possession of his or her parent or guardian's firearm | 13 |
| without the permission of the parent or guardian, as | 14 |
| evidenced through documentation in any arrest record, | 15 |
| juvenile court record, or other public court record; and | 16 |
| (2) The child either: | 17 |
| (i) meets the criteria for a severe or major mood | 18 |
| disorder, or meets the criteria for a severe conduct | 19 |
| disorder, either as evidenced by behavior such as | 20 |
| forced sex, physical cruelty, use of a weapon, stealing | 21 |
| while confronting a victim, breaking and entering, or | 22 |
| as defined in the DSM-IV-TR published by the American | 23 |
| Psychiatric Association; or | 24 |
| (ii) has been adjudicated a delinquent minor for | 25 |
| acts involving aggressive or violent behavior. | 26 |
| However, the authority provided to the Department of State |
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| Police under this subsection (b-5) to deny an application for | 2 |
| or to revoke and seize a Firearm Owner's Identification Card | 3 |
| previously issued under this Act shall not be the basis to deny | 4 |
| an application for a Firearm Owner's Identification Card or to | 5 |
| revoke and seize a Firearm Owner's Identification Card | 6 |
| previously issued under this Act, if the child under 18 years | 7 |
| of age no longer resides with the parent or guardian described | 8 |
| in this subsection (b-5); | 9 |
| (c) A person convicted of a felony under the laws of this | 10 |
| or any other
jurisdiction;
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| (d) A person addicted to narcotics;
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| (e) A person who has been a patient of a mental institution | 13 |
| within the
past 5 years or has been adjudicated as a mental | 14 |
| defective;
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| (f) A person whose mental condition is of such a nature | 16 |
| that it poses
a clear and present danger to the applicant, any | 17 |
| other person or persons or
the community;
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| For the purposes of this Section, "mental condition" means | 19 |
| a state of
mind manifested by violent, suicidal, threatening or | 20 |
| assaultive behavior.
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| (g) A person who is mentally retarded;
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| (h) A person who intentionally makes a false statement in | 23 |
| the Firearm
Owner's Identification Card application;
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| (i) An alien who is unlawfully present in
the United States | 25 |
| under the laws of the United States;
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| (i-5) An alien who has been admitted to the United States |
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| under a
non-immigrant visa (as that term is defined in Section | 2 |
| 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | 3 |
| 1101(a)(26))), except that this
subsection (i-5) does not apply | 4 |
| to any alien who has been lawfully admitted to
the United | 5 |
| States under a non-immigrant visa if that alien is:
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| (1) admitted to the United States for lawful hunting or | 7 |
| sporting purposes;
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| (2) an official representative of a foreign government | 9 |
| who is:
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| (A) accredited to the United States Government or | 11 |
| the Government's
mission to an international | 12 |
| organization having its headquarters in the United
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| States; or
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| (B) en route to or from another country to which | 15 |
| that alien is
accredited;
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| (3) an official of a foreign government or | 17 |
| distinguished foreign visitor
who has been so designated by | 18 |
| the Department of State;
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| (4) a foreign law enforcement officer of a friendly | 20 |
| foreign government
entering the United States on official | 21 |
| business; or
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| (5) one who has received a waiver from the Attorney | 23 |
| General of the United
States pursuant to 18 U.S.C. | 24 |
| 922(y)(3);
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| (j) A person who is subject to an existing order of | 26 |
| protection prohibiting
him or her from possessing a firearm;
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| (k) A person who has been convicted within the past 5 years | 2 |
| of battery,
assault, aggravated assault, violation of an order | 3 |
| of protection, or a
substantially similar offense in another | 4 |
| jurisdiction, in which a firearm was
used or possessed;
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| (l) A person who has been convicted of domestic battery or | 6 |
| a substantially
similar offense in another jurisdiction | 7 |
| committed on or after January 1,
1998;
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| (m) A person who has been convicted within the past 5 years | 9 |
| of domestic
battery or a substantially similar offense in | 10 |
| another jurisdiction committed
before January 1, 1998;
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| (n) A person who is prohibited from acquiring or possessing
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| firearms or firearm ammunition by any Illinois State statute or | 13 |
| by federal
law;
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| (o) A minor subject to a petition filed under Section 5-520 | 15 |
| of the
Juvenile Court Act of 1987 alleging that the minor is a | 16 |
| delinquent minor for
the commission of an offense that if | 17 |
| committed by an adult would be a felony;
or
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| (p) An adult who had been adjudicated a delinquent minor | 19 |
| under the Juvenile
Court Act of 1987 for the commission of an | 20 |
| offense that if committed by an
adult would be a felony.
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| (Source: P.A. 95-581, eff. 6-1-08 .)".
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