Full Text of SB0781 101st General Assembly
SB0781sam001 101ST GENERAL ASSEMBLY | Sen. Julie A. Morrison Filed: 3/27/2019
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| 1 | | AMENDMENT TO SENATE BILL 781
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 781 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Firearm Owners Identification Card Act is | 5 | | amended by changing Section 9.5 as follows: | 6 | | (430 ILCS 65/9.5) | 7 | | Sec. 9.5. Revocation of Firearm Owner's Identification
| 8 | | Card. | 9 | | (a) A person who receives a revocation notice under Section | 10 | | 9 of this Act shall, within 48 hours of receiving notice of the | 11 | | revocation: | 12 | | (1) surrender his or her Firearm Owner's | 13 | | Identification Card to the local law enforcement agency | 14 | | where the person resides. The local law enforcement agency | 15 | | shall provide the person a receipt and transmit the Firearm | 16 | | Owner's Identification Card to the Department of State |
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| 1 | | Police; and | 2 | | (2) complete a Firearm Disposition Record on a form | 3 | | prescribed by the Department of State Police and place his | 4 | | or her firearms in the location or with the person reported | 5 | | in the Firearm Disposition Record. The form shall require | 6 | | the person to disclose: | 7 | | (A) the make, model, and serial number of each | 8 | | firearm owned by or under the custody and control of | 9 | | the revoked person; | 10 | | (B) the location where each firearm will be | 11 | | maintained during the prohibited term; and | 12 | | (C) if any firearm will be transferred to the | 13 | | custody of another person, the name, address and | 14 | | Firearm Owner's Identification Card number of the | 15 | | transferee. | 16 | | (b) The local law enforcement agency shall provide a copy | 17 | | of the Firearm Disposition Record to the person whose Firearm | 18 | | Owner's Identification Card has been revoked and to the | 19 | | Department of State Police. | 20 | | (c) If the person whose Firearm Owner's Identification Card | 21 | | has been revoked fails to comply with the requirements of this | 22 | | Section, the sheriff or law enforcement agency where the person | 23 | | resides may petition the circuit court to issue a warrant to | 24 | | search for and seize the Firearm Owner's Identification Card | 25 | | and firearms in the possession or under the custody or control | 26 | | of the person whose Firearm Owner's Identification Card has |
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| 1 | | been revoked. | 2 | | (c-5) If a person whose Firearm Owner's Identification Card | 3 | | has been revoked does not comply with subsection (a) within 5 | 4 | | business days, on the 6th day, the local law enforcement agency | 5 | | or sheriff shall notify the Department of State Police of the | 6 | | non-compliance and upon receiving notice, the Department of | 7 | | State Police must relay that information to the Department of | 8 | | Natural Resources within 24 hours. | 9 | | (d) A violation of subsection (a) of this Section is a | 10 | | Class A misdemeanor. | 11 | | (e) The observation of a Firearm Owner's Identification | 12 | | Card in the possession of a person whose Firearm Owner's | 13 | | Identification Card has been revoked constitutes a sufficient | 14 | | basis for the arrest of that person for violation of this | 15 | | Section. | 16 | | (f) Within 30 days after the effective date of this | 17 | | amendatory Act of the 98th General Assembly, the Department of | 18 | | State Police shall provide written notice of the requirements | 19 | | of this Section to persons whose Firearm Owner's Identification | 20 | | Cards have been revoked, suspended, or expired and who have | 21 | | failed to surrender their cards to the Department. | 22 | | (g) A person whose Firearm Owner's Identification Card has | 23 | | been revoked and who received notice under subsection (f) shall | 24 | | comply with the requirements of this Section within 48 hours of | 25 | | receiving notice.
| 26 | | (Source: P.A. 98-63, eff. 7-9-13.) |
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| 1 | | Section 10. The Wildlife Code is amended by changing | 2 | | Section 3.36 as follows:
| 3 | | (520 ILCS 5/3.36) (from Ch. 61, par. 3.36)
| 4 | | Sec. 3.36. Revocation and suspension.
| 5 | | (a) Whenever a license or permit is issued to any person
| 6 | | under this Act, and the holder thereof is found guilty of any
| 7 | | misrepresentation in obtaining such license or permit or of a | 8 | | violation of Section 48-3 of the Criminal Code of 2012 or a | 9 | | violation of
any of the provisions of this Act, including | 10 | | administrative rules, his
license or permit may be revoked by | 11 | | the Department, and the Department may
refuse to issue any | 12 | | permit or license to such person and may suspend the
person | 13 | | from engaging in the activity requiring the permit or license | 14 | | for a
period of time not to exceed 5 years following such | 15 | | revocation.
| 16 | | Department revocation procedures shall be established by | 17 | | Administrative
rule.
| 18 | | (a-5) When a license or permit is issued under this Act and | 19 | | the person is found to be in violation of subsection (a) of | 20 | | Section 9.5 of the Firearm Owners Identification Card Act, his | 21 | | or her license or permit shall be revoked by the Department. | 22 | | The Department shall refuse to issue any permit or license to | 23 | | the person and may suspend the person from engaging in any | 24 | | activity that requires the permit or license until the person |
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| 1 | | is eligible to hold a Firearm Owner's Identification Card. | 2 | | (b) Whenever any person who has not been issued a license | 3 | | or a permit
under the provisions of this Code is found guilty | 4 | | of a violation of Section 48-3 of the Criminal Code of 2012 or | 5 | | a violation of the
provisions of this Code, including | 6 | | administrative rules, the Department may
refuse to issue any | 7 | | permit or license to that person, and suspend that
person from | 8 | | engaging in the activity requiring the permit or license for a
| 9 | | period of time not to exceed 5 years.
| 10 | | (c) Any person who knowingly or intentionally violates any | 11 | | of the
provisions of this Act, including administrative rules, | 12 | | during such period
when his license or permit is revoked or | 13 | | denied by virtue of this Section
or during the time he is | 14 | | suspended under subsection (b), shall be guilty of
a Class A | 15 | | misdemeanor. The penalties for a violation of Section 48-3 of | 16 | | the Criminal Code of 2012 shall be as provided in that Section.
| 17 | | (d) Licenses and permits authorized to be issued under the | 18 | | provisions of
this Act shall be prepared by the Department and | 19 | | be in such form as
prescribed by the Department. The | 20 | | information required on each license
shall be completed thereon | 21 | | by the issuing agent or his sub-agent at the
time of issuance | 22 | | and each license shall be signed by the licensee, or
initialed | 23 | | by the designated purchaser and then signed immediately upon | 24 | | receipt
by the licensee, and
countersigned by the issuing agent | 25 | | or his sub-agent at the time of
issuance. All such licenses | 26 | | shall be supplied by the Department, subject to
such rules and |
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| 1 | | regulations as the Department may prescribe. Any license not
| 2 | | properly prepared, obtained and signed as required by this Act | 3 | | shall be
void.
| 4 | | (e) A person whose license or permit to engage in any | 5 | | activity regulated
by
this
Code has been suspended or revoked | 6 | | may not, during the period of the suspension
or
revocation or | 7 | | until obtaining such a license or permit, (i) be in the company
| 8 | | of any person
engaging in the activity covered by the | 9 | | suspension or revocation or (ii) serve
as a guide,
outfitter, | 10 | | or facilitator for a person who is engaged or prepared to | 11 | | engage in
the activity
covered by the suspension or revocation.
| 12 | | (f) No person may be issued or obtain a license or permit | 13 | | or engage in any
activity
regulated by this Code during the | 14 | | time that the person's privilege to engage in
the same
or | 15 | | similar activities is suspended or revoked by another state, by | 16 | | a federal
agency, or by a
province of Canada.
| 17 | | (Source: P.A. 98-402, eff. 8-16-13.)".
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