Illinois General Assembly - Full Text of SB0044
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Full Text of SB0044  101st General Assembly


Sen. Michael E. Hastings

Filed: 3/7/2019





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2    AMENDMENT NO. ______. Amend Senate Bill 44 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Municipal Code is amended by
5changing Section 1-2-1.1 as follows:
6    (65 ILCS 5/1-2-1.1)  (from Ch. 24, par. 1-2-1.1)
7    Sec. 1-2-1.1. The corporate authorities of each
8municipality may pass ordinances, not inconsistent with the
9criminal laws of this State, to regulate any matter expressly
10within the authorized powers of the municipality, or incidental
11thereto, making violation thereof a misdemeanor punishable by
12incarceration in a penal institution other than the
13penitentiary not to exceed 6 months. The municipality is
14authorized to prosecute violations of penal ordinances enacted
15under this Section as criminal offenses by its corporate
16attorney in the circuit court by an information, or complaint



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1sworn to, charging such offense. The prosecution shall be under
2and conform to the rules of criminal procedure. Conviction
3shall require the municipality to establish the guilt of the
4defendant beyond reasonable doubt.
5    A penalty imposed for violation of an ordinance may
6include, or consist of, a requirement that the defendant do one
7or both of the following:
8        (1) Complete an education program, except that a holder
9    of a valid commercial driver's license who commits a
10    vehicle weight or size restriction violation shall not be
11    required to complete an education program under this
12    Section.
13        (2) Perform some reasonable public service work such as
14    but not limited to the picking up of litter in public parks
15    or along public highways or the maintenance of public
16    facilities.
17    A low-income individual required to complete an education
18program under this Section who provides proof of eligibility
19for the federal earned income tax credit under Section 32 of
20the Internal Revenue Code or the Illinois earned income tax
21credit under Section 212 of the Illinois Income Tax Act shall
22not be required to pay any fee for participating in a required
23education program.
24    A municipality shall report to the Department of State
25Police, for the purpose of reporting to the National Instant
26Criminal Background Check System database, the name and all



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1other identifying information of an individual who was
2convicted or adjudicated of an offense listed in Section 8 of
3the Firearm Owners Identification Card Act.
4    This Section shall not apply to or affect ordinances now or
5hereafter enacted pursuant to Sections 11-5-1, 11-5-2, 11-5-3,
611-5-4, 11-5-5, 11-5-6, 11-40-1, 11-40-2, 11-40-2a, 11-40-3,
711-80-9 and 11-80-16 of the Illinois Municipal Code, as now or
8hereafter amended, nor to Sections enacted after this 1969
9amendment which replace or add to the Sections herein
10enumerated, nor to ordinances now in force or hereafter enacted
11pursuant to authority granted to local authorities by Section
1211-208 of "The Illinois Vehicle Code", approved September 29,
131969, as now or hereafter amended.
14(Source: P.A. 96-288, eff. 8-11-09.)
15    Section 10. The Firearm Owners Identification Card Act is
16amended by changing Sections 1, 3.1, 8, and 8.1 as follows:
17    (430 ILCS 65/1)  (from Ch. 38, par. 83-1)
18    Sec. 1. It is hereby declared as a matter of legislative
19determination that in order to promote and protect the health,
20safety and welfare of the public, it is necessary and in the
21public interest to provide a system of identifying persons who
22are not qualified to acquire or possess firearms, firearm
23ammunition, stun guns, and tasers within the State of Illinois
24by the establishment of a system of Firearm Owner's



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1Identification Cards, thereby establishing a practical and
2workable system by which law enforcement authorities will be
3afforded an opportunity to identify those persons who are
4prohibited by Section 24-3.1 of the Criminal Code of 2012, from
5acquiring or possessing firearms and firearm ammunition and who
6are prohibited by this Act from acquiring stun guns and tasers.
7It is also in the best interest of the public to require
8mandatory reporting of involuntary judicial commitments or
9certain adjudications for certain offenses and to provide the
10procedures by which that information is reported to the
11Department of State Police and to the National Instant Criminal
12Background Check System.
13(Source: P.A. 97-1150, eff. 1-25-13.)
14    (430 ILCS 65/3.1)  (from Ch. 38, par. 83-3.1)
15    Sec. 3.1. Dial up system.
16    (a) The Department of State Police shall provide a dial up
17telephone system or utilize other existing technology which
18shall be used by any federally licensed firearm dealer, gun
19show promoter, or gun show vendor who is to transfer a firearm,
20stun gun, or taser under the provisions of this Act. The
21Department of State Police may utilize existing technology
22which allows the caller to be charged a fee not to exceed $2.
23Fees collected by the Department of State Police shall be
24deposited in the State Police Services Fund and used to provide
25the service.



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1    (b) Upon receiving a request from a federally licensed
2firearm dealer, gun show promoter, or gun show vendor, the
3Department of State Police shall immediately approve, or within
4the time period established by Section 24-3 of the Criminal
5Code of 2012 regarding the delivery of firearms, stun guns, and
6tasers notify the inquiring dealer, gun show promoter, or gun
7show vendor of any objection that would disqualify the
8transferee from acquiring or possessing a firearm, stun gun, or
9taser. In conducting the inquiry, the Department of State
10Police shall initiate and complete an automated search of its
11criminal history record information files and those of the
12Federal Bureau of Investigation, including the National
13Instant Criminal Background Check System, and of the files of
14the Department of Human Services relating to mental health and
15developmental disabilities to obtain any felony conviction or
16patient hospitalization information which would disqualify a
17person from obtaining or require revocation of a currently
18valid Firearm Owner's Identification Card.
19    (c) If receipt of a firearm would not violate Section 24-3
20of the Criminal Code of 2012, federal law, or this Act the
21Department of State Police shall:
22        (1) assign a unique identification number to the
23    transfer; and
24        (2) provide the licensee, gun show promoter, or gun
25    show vendor with the number.
26    (d) Approvals issued by the Department of State Police for



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1the purchase of a firearm are valid for 30 days from the date
2of issue.
3    (e) (1) The Department of State Police must act as the
4Illinois Point of Contact for the National Instant Criminal
5Background Check System and must comply with Section 8.
6    (2) The Department of State Police and the Department of
7Human Services shall, in accordance with State and federal law
8regarding confidentiality, enter into a memorandum of
9understanding with the Federal Bureau of Investigation for the
10purpose of implementing the National Instant Criminal
11Background Check System in the State. The Department of State
12Police shall report the name, date of birth, and physical
13description of any person prohibited from possessing a firearm
14pursuant to the Firearm Owners Identification Card Act or 18
15U.S.C. 922(g) and (n) to the National Instant Criminal
16Background Check System Index, Denied Persons Files.
17    (3) The Department of State Police shall provide notice of
18the disqualification of a person under subsection (b) of this
19Section or the revocation of a person's Firearm Owner's
20Identification Card under Section 8 or Section 8.2 of this Act,
21and the reason for the disqualification or revocation, to all
22law enforcement agencies with jurisdiction to assist with the
23seizure of the person's Firearm Owner's Identification Card.
24    (f) The Department of State Police shall adopt rules not
25inconsistent with this Section to implement this system.
26(Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17.)



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1    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
2    Sec. 8. Grounds for denial and revocation. The Department
3of State Police has authority to deny an application for or to
4revoke and seize a Firearm Owner's Identification Card
5previously issued under this Act only if the Department finds
6that the applicant or the person to whom such card was issued
7is or was at the time of issuance:
8        (a) A person under 21 years of age who has been
9    convicted of a misdemeanor other than a traffic offense or
10    adjudged delinquent;
11        (b) A person under 21 years of age who does not have
12    the written consent of his parent or guardian to acquire
13    and possess firearms and firearm ammunition, or whose
14    parent or guardian has revoked such written consent, or
15    where such parent or guardian does not qualify to have a
16    Firearm Owner's Identification Card;
17        (c) A person convicted of a felony under the laws of
18    this or any other jurisdiction;
19        (d) A person addicted to narcotics;
20        (e) A person who has been a patient of a mental health
21    facility within the past 5 years or a person who has been a
22    patient in a mental health facility more than 5 years ago
23    who has not received the certification required under
24    subsection (u) of this Section. An active law enforcement
25    officer employed by a unit of government who is denied,



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1    revoked, or has his or her Firearm Owner's Identification
2    Card seized under this subsection (e) may obtain relief as
3    described in subsection (c-5) of Section 10 of this Act if
4    the officer did not act in a manner threatening to the
5    officer, another person, or the public as determined by the
6    treating clinical psychologist or physician, and the
7    officer seeks mental health treatment;
8        (f) A person whose mental condition is of such a nature
9    that it poses a clear and present danger to the applicant,
10    any other person or persons or the community;
11        (g) A person who has an intellectual disability;
12        (h) A person who intentionally makes a false statement
13    in the Firearm Owner's Identification Card application;
14        (i) An alien who is unlawfully present in the United
15    States under the laws of the United States;
16        (i-5) An alien who has been admitted to the United
17    States under a non-immigrant visa (as that term is defined
18    in Section 101(a)(26) of the Immigration and Nationality
19    Act (8 U.S.C. 1101(a)(26))), except that this subsection
20    (i-5) does not apply to any alien who has been lawfully
21    admitted to the United States under a non-immigrant visa if
22    that alien is:
23            (1) admitted to the United States for lawful
24        hunting or sporting purposes;
25            (2) an official representative of a foreign
26        government who is:



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1                (A) accredited to the United States Government
2            or the Government's mission to an international
3            organization having its headquarters in the United
4            States; or
5                (B) en route to or from another country to
6            which that alien is accredited;
7            (3) an official of a foreign government or
8        distinguished foreign visitor who has been so
9        designated by the Department of State;
10            (4) a foreign law enforcement officer of a friendly
11        foreign government entering the United States on
12        official business; or
13            (5) one who has received a waiver from the Attorney
14        General of the United States pursuant to 18 U.S.C.
15        922(y)(3);
16        (j) (Blank);
17        (k) A person who has been convicted within the past 5
18    years of battery, assault, aggravated assault, violation
19    of an order of protection, or a substantially similar
20    offense in another jurisdiction, in which a firearm was
21    used or possessed;
22        (l) A person who has been convicted of domestic
23    battery, aggravated domestic battery, or a substantially
24    similar offense in another jurisdiction committed before,
25    on or after January 1, 2012 (the effective date of Public
26    Act 97-158). If the applicant or person who has been



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1    previously issued a Firearm Owner's Identification Card
2    under this Act knowingly and intelligently waives the right
3    to have an offense described in this paragraph (l) tried by
4    a jury, and by guilty plea or otherwise, results in a
5    conviction for an offense in which a domestic relationship
6    is not a required element of the offense but in which a
7    determination of the applicability of 18 U.S.C. 922(g)(9)
8    is made under Section 112A-11.1 of the Code of Criminal
9    Procedure of 1963, an entry by the court of a judgment of
10    conviction for that offense shall be grounds for denying an
11    application for and for revoking and seizing a Firearm
12    Owner's Identification Card previously issued to the
13    person under this Act;
14        (m) (Blank);
15        (n) A person who is prohibited from acquiring or
16    possessing firearms or firearm ammunition by any Illinois
17    State statute or by federal law;
18        (o) A minor subject to a petition filed under Section
19    5-520 of the Juvenile Court Act of 1987 alleging that the
20    minor is a delinquent minor for the commission of an
21    offense that if committed by an adult would be a felony;
22        (p) An adult who had been adjudicated a delinquent
23    minor under the Juvenile Court Act of 1987 for the
24    commission of an offense that if committed by an adult
25    would be a felony;
26        (q) A person who is not a resident of the State of



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1    Illinois, except as provided in subsection (a-10) of
2    Section 4;
3        (r) A person who has been adjudicated as a person with
4    a mental disability;
5        (s) A person who has been found to have a developmental
6    disability;
7        (t) A person involuntarily admitted into a mental
8    health facility; or
9        (u) A person who has had his or her Firearm Owner's
10    Identification Card revoked or denied under subsection (e)
11    of this Section or item (iv) of paragraph (2) of subsection
12    (a) of Section 4 of this Act because he or she was a
13    patient in a mental health facility as provided in
14    subsection (e) of this Section, shall not be permitted to
15    obtain a Firearm Owner's Identification Card, after the
16    5-year period has lapsed, unless he or she has received a
17    mental health evaluation by a physician, clinical
18    psychologist, or qualified examiner as those terms are
19    defined in the Mental Health and Developmental
20    Disabilities Code, and has received a certification that he
21    or she is not a clear and present danger to himself,
22    herself, or others. The physician, clinical psychologist,
23    or qualified examiner making the certification and his or
24    her employer shall not be held criminally, civilly, or
25    professionally liable for making or not making the
26    certification required under this subsection, except for



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1    willful or wanton misconduct. This subsection does not
2    apply to a person whose firearm possession rights have been
3    restored through administrative or judicial action under
4    Section 10 or 11 of this Act; .
5        (v) A person who has been convicted of a felony under
6    the laws of the United States, this State, or other
7    jurisdiction;
8        (w) A person who is ordered to not possess firearms as
9    a condition of probation or other court order;
10        (x) A person who is subject to a temporary restraining
11    order or a protective order;
12        (y) A person who is under guardianship under the
13    Probate Act of 1975 because he or she is a person with a
14    disability as defined in Section 11a-2 of the Probate Act
15    of 1975;
16        (aa) A person who has been discharged from the military
17    under dishonorable conditions;
18        (bb) A person who has renounced his or her United
19    States citizenship; or
20        (cc) A person who is a fugitive from justice.
21    Upon revocation of a person's Firearm Owner's
22Identification Card, the Department of State Police shall (i)
23provide notice to the person; (ii) confiscate the person's
24Firearm Owner's Identification Card, firearms, and ammunition
25that are in his or her possession; and (iii) report the name
26and other identifying information of that person to the



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1National Instant Criminal Background Check System database
2within 15 business days. The and the person shall comply with
3Section 9.5 of this Act. It is unlawful for a person whose
4Firearm Owner's Identification Card was revoked or denied to
5possess a Firearm Owner's Identification Card, firearms, or
7(Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756,
8eff. 7-16-14; 99-143, eff. 7-27-15.)
9    (430 ILCS 65/8.1)  (from Ch. 38, par. 83-8.1)
10    Sec. 8.1. Notifications to the Department of State Police.
11    (a) The Circuit Clerk shall, in the form and manner
12required by the Supreme Court, notify the Department of State
13Police of all final dispositions of cases for which the
14Department has received information reported to it under
15Sections 2.1 and 2.2 of the Criminal Identification Act.
16    (b) Upon adjudication of any individual as a person with a
17mental disability as defined in Section 1.1 of this Act or a
18finding that a person has been involuntarily admitted, the
19court shall direct the circuit court clerk to immediately
20notify the Department of State Police, Firearm Owner's
21Identification (FOID) department, and shall forward a copy of
22the court order to the Department.
23    (b-1) Beginning July 1, 2016, and each July 1 and December
2430 of every year thereafter, the circuit court clerk shall, in
25the form and manner prescribed by the Department of State



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1Police, notify the Department of State Police, Firearm Owner's
2Identification (FOID) department if the court has not directed
3the circuit court clerk to notify the Department of State
4Police, Firearm Owner's Identification (FOID) department under
5subsection (b) of this Section, within the preceding 6 months,
6because no person has been adjudicated as a person with a
7mental disability by the court as defined in Section 1.1 of
8this Act or if no person has been involuntarily admitted. The
9Supreme Court may adopt any orders or rules necessary to
10identify the persons who shall be reported to the Department of
11State Police under subsection (b), or any other orders or rules
12necessary to implement the requirements of this Act.
13    (b-2) The circuit court clerk shall report to the
14Department of State Police, for the purpose of reporting to the
15National Instant Criminal Background Check System database,
16the name and all other identifying information of an individual
17who is prohibited from possessing a firearm under this Act, the
18laws of this State, or 18 U.S.C. 922(d)(4) and (g)(4). The
19report shall be submitted to the Department of State Police, in
20an electronic form and manner prescribed by the Department,
21within 10 business days of the date of the conviction,
22adjudication, or order of involuntary commitment.
23    (c) The Department of Human Services shall, in the form and
24manner prescribed by the Department of State Police, report all
25information collected under subsection (b) of Section 12 of the
26Mental Health and Developmental Disabilities Confidentiality



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1Act for the purpose of determining whether a person who may be
2or may have been a patient in a mental health facility is
3disqualified under State or federal law from receiving or
4retaining a Firearm Owner's Identification Card, or purchasing
5a weapon.
6    (d) If a person is determined to pose a clear and present
7danger to himself, herself, or to others:
8        (1) by a physician, clinical psychologist, or
9    qualified examiner, or is determined to have a
10    developmental disability by a physician, clinical
11    psychologist, or qualified examiner, whether employed by
12    the State or privately, then the physician, clinical
13    psychologist, or qualified examiner shall, within 24 hours
14    of making the determination, notify the Department of Human
15    Services that the person poses a clear and present danger
16    or has a developmental disability; or
17        (2) by a law enforcement official or school
18    administrator, then the law enforcement official or school
19    administrator shall, within 24 hours of making the
20    determination, notify the Department of State Police that
21    the person poses a clear and present danger.
22    The Department of Human Services shall immediately update
23its records and information relating to mental health and
24developmental disabilities, and if appropriate, shall notify
25the Department of State Police in a form and manner prescribed
26by the Department of State Police. The Department of State



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1Police shall determine whether to revoke the person's Firearm
2Owner's Identification Card under Section 8 of this Act. Any
3information disclosed under this subsection shall remain
4privileged and confidential, and shall not be redisclosed,
5except as required under subsection (e) of Section 3.1 of this
6Act, nor used for any other purpose. The method of providing
7this information shall guarantee that the information is not
8released beyond what is necessary for the purpose of this
9Section and shall be provided by rule by the Department of
10Human Services. The identity of the person reporting under this
11Section shall not be disclosed to the subject of the report.
12The physician, clinical psychologist, qualified examiner, law
13enforcement official, or school administrator making the
14determination and his or her employer shall not be held
15criminally, civilly, or professionally liable for making or not
16making the notification required under this subsection, except
17for willful or wanton misconduct.
18    (e) The Department of State Police shall adopt rules to
19implement this Section.
20(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-143,
21eff. 7-27-15; 99-696, eff. 7-29-16.)
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".