Illinois General Assembly - Full Text of HB5196
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Full Text of HB5196  102nd General Assembly

HB5196sam002 102ND GENERAL ASSEMBLY

Sen. Scott M. Bennett

Filed: 3/30/2022

 

 


 

 


 
10200HB5196sam002LRB102 24844 RJT 38225 a

1
AMENDMENT TO HOUSE BILL 5196

2    AMENDMENT NO. ______. Amend House Bill 5196 on page 26,
3line 23, after the period, by inserting "This definition does
4not supersede the "developmental disability" definition in
5Section 1.1 of the Firearm Owners Identification Card Act
6which is required to be applied under that Act for the purpose
7of mandatory reporting."; and
 
8on page 27, line 23, after the period, by inserting "This
9definition does not supersede the "intellectual disability"
10definition in Section 1.1 of the Firearm Owners Identification
11Card Act which is required to be applied under that Act for the
12purpose of mandatory reporting"; and
 
13on page 39, immediately below line 9, by inserting the
14following:
 
15    "Section 65. The Firearm Owners Identification Card Act is

 

 

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1amended by changing Section 1.1 as follows:
 
2    (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)
3    Sec. 1.1. For purposes of this Act:
4    "Addicted to narcotics" means a person who has been:
5        (1) convicted of an offense involving the use or
6    possession of cannabis, a controlled substance, or
7    methamphetamine within the past year; or
8        (2) determined by the Illinois State Police to be
9    addicted to narcotics based upon federal law or federal
10    guidelines.
11    "Addicted to narcotics" does not include possession or use
12of a prescribed controlled substance under the direction and
13authority of a physician or other person authorized to
14prescribe the controlled substance when the controlled
15substance is used in the prescribed manner.
16    "Adjudicated as a person with a mental disability" means
17the person is the subject of a determination by a court, board,
18commission or other lawful authority that the person, as a
19result of marked subnormal intelligence, or mental illness,
20mental impairment, incompetency, condition, or disease:
21        (1) presents a clear and present danger to himself,
22    herself, or to others;
23        (2) lacks the mental capacity to manage his or her own
24    affairs or is adjudicated a person with a disability as
25    defined in Section 11a-2 of the Probate Act of 1975;

 

 

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1        (3) is not guilty in a criminal case by reason of
2    insanity, mental disease or defect;
3        (3.5) is guilty but mentally ill, as provided in
4    Section 5-2-6 of the Unified Code of Corrections;
5        (4) is incompetent to stand trial in a criminal case;
6        (5) is not guilty by reason of lack of mental
7    responsibility under Articles 50a and 72b of the Uniform
8    Code of Military Justice, 10 U.S.C. 850a, 876b;
9        (6) is a sexually violent person under subsection (f)
10    of Section 5 of the Sexually Violent Persons Commitment
11    Act;
12        (7) is a sexually dangerous person under the Sexually
13    Dangerous Persons Act;
14        (8) is unfit to stand trial under the Juvenile Court
15    Act of 1987;
16        (9) is not guilty by reason of insanity under the
17    Juvenile Court Act of 1987;
18        (10) is subject to involuntary admission as an
19    inpatient as defined in Section 1-119 of the Mental Health
20    and Developmental Disabilities Code;
21        (11) is subject to involuntary admission as an
22    outpatient as defined in Section 1-119.1 of the Mental
23    Health and Developmental Disabilities Code;
24        (12) is subject to judicial admission as set forth in
25    Section 4-500 of the Mental Health and Developmental
26    Disabilities Code; or

 

 

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1        (13) is subject to the provisions of the Interstate
2    Agreements on Sexually Dangerous Persons Act.
3    "Clear and present danger" means a person who:
4        (1) communicates a serious threat of physical violence
5    against a reasonably identifiable victim or poses a clear
6    and imminent risk of serious physical injury to himself,
7    herself, or another person as determined by a physician,
8    clinical psychologist, or qualified examiner; or
9        (2) demonstrates threatening physical or verbal
10    behavior, such as violent, suicidal, or assaultive
11    threats, actions, or other behavior, as determined by a
12    physician, clinical psychologist, qualified examiner,
13    school administrator, or law enforcement official.
14    "Clinical psychologist" has the meaning provided in
15Section 1-103 of the Mental Health and Developmental
16Disabilities Code.
17    "Controlled substance" means a controlled substance or
18controlled substance analog as defined in the Illinois
19Controlled Substances Act.
20    "Counterfeit" means to copy or imitate, without legal
21authority, with intent to deceive.
22    "Developmental disability" means a severe, chronic
23disability of an individual that:
24        (1) is attributable to a mental or physical impairment
25    or combination of mental and physical impairments;
26        (2) is manifested before the individual attains age

 

 

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1    22;
2        (3) is likely to continue indefinitely;
3        (4) results in substantial functional limitations in 3
4    or more of the following areas of major life activity:
5            (A) Self-care.
6            (B) Receptive and expressive language.
7            (C) Learning.
8            (D) Mobility.
9            (E) Self-direction.
10            (F) Capacity for independent living.
11            (G) Economic self-sufficiency; and
12        (5) reflects the individual's need for a combination
13    and sequence of special, interdisciplinary, or generic
14    services, individualized supports, or other forms of
15    assistance that are of lifelong or extended duration and
16    are individually planned and coordinated.
17    "Federally licensed firearm dealer" means a person who is
18licensed as a federal firearms dealer under Section 923 of the
19federal Gun Control Act of 1968 (18 U.S.C. 923).
20    "Firearm" means any device, by whatever name known, which
21is designed to expel a projectile or projectiles by the action
22of an explosion, expansion of gas or escape of gas; excluding,
23however:
24        (1) any pneumatic gun, spring gun, paint ball gun, or
25    B-B gun which expels a single globular projectile not
26    exceeding .18 inch in diameter or which has a maximum

 

 

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1    muzzle velocity of less than 700 feet per second;
2        (1.1) any pneumatic gun, spring gun, paint ball gun,
3    or B-B gun which expels breakable paint balls containing
4    washable marking colors;
5        (2) any device used exclusively for signaling or
6    safety and required or recommended by the United States
7    Coast Guard or the Interstate Commerce Commission;
8        (3) any device used exclusively for the firing of stud
9    cartridges, explosive rivets or similar industrial
10    ammunition; and
11        (4) an antique firearm (other than a machine-gun)
12    which, although designed as a weapon, the Illinois State
13    Police finds by reason of the date of its manufacture,
14    value, design, and other characteristics is primarily a
15    collector's item and is not likely to be used as a weapon.
16    "Firearm ammunition" means any self-contained cartridge or
17shotgun shell, by whatever name known, which is designed to be
18used or adaptable to use in a firearm; excluding, however:
19        (1) any ammunition exclusively designed for use with a
20    device used exclusively for signaling signalling or safety
21    and required or recommended by the United States Coast
22    Guard or the Interstate Commerce Commission; and
23        (2) any ammunition designed exclusively for use with a
24    stud or rivet driver or other similar industrial
25    ammunition.
26    "Gun show" means an event or function:

 

 

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1        (1) at which the sale and transfer of firearms is the
2    regular and normal course of business and where 50 or more
3    firearms are displayed, offered, or exhibited for sale,
4    transfer, or exchange; or
5        (2) at which not less than 10 gun show vendors
6    display, offer, or exhibit for sale, sell, transfer, or
7    exchange firearms.
8    "Gun show" includes the entire premises provided for an
9event or function, including parking areas for the event or
10function, that is sponsored to facilitate the purchase, sale,
11transfer, or exchange of firearms as described in this
12Section. Nothing in this definition shall be construed to
13exclude a gun show held in conjunction with competitive
14shooting events at the World Shooting Complex sanctioned by a
15national governing body in which the sale or transfer of
16firearms is authorized under subparagraph (5) of paragraph (g)
17of subsection (A) of Section 24-3 of the Criminal Code of 2012.
18    Unless otherwise expressly stated, "gun show" does not
19include training or safety classes, competitive shooting
20events, such as rifle, shotgun, or handgun matches, trap,
21skeet, or sporting clays shoots, dinners, banquets, raffles,
22or any other event where the sale or transfer of firearms is
23not the primary course of business.
24    "Gun show promoter" means a person who organizes or
25operates a gun show.
26    "Gun show vendor" means a person who exhibits, sells,

 

 

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1offers for sale, transfers, or exchanges any firearms at a gun
2show, regardless of whether the person arranges with a gun
3show promoter for a fixed location from which to exhibit,
4sell, offer for sale, transfer, or exchange any firearm.
5    "Intellectual disability" means significantly subaverage
6general intellectual functioning, existing concurrently with
7deficits in adaptive behavior and manifested during the
8developmental period, which is defined as before the age of
922, that adversely affects a child's educational performance.
10    "Involuntarily admitted" has the meaning as prescribed in
11Sections 1-119 and 1-119.1 of the Mental Health and
12Developmental Disabilities Code.
13    "Mental health facility" means any licensed private
14hospital or hospital affiliate, institution, or facility, or
15part thereof, and any facility, or part thereof, operated by
16the State or a political subdivision thereof which provides
17provide treatment of persons with mental illness and includes
18all hospitals, institutions, clinics, evaluation facilities,
19mental health centers, colleges, universities, long-term care
20facilities, and nursing homes, or parts thereof, which provide
21treatment of persons with mental illness whether or not the
22primary purpose is to provide treatment of persons with mental
23illness.
24    "National governing body" means a group of persons who
25adopt rules and formulate policy on behalf of a national
26firearm sporting organization.

 

 

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1    "Patient" means:
2        (1) a person who is admitted as an inpatient or
3    resident of a public or private mental health facility for
4    mental health treatment under Chapter III of the Mental
5    Health and Developmental Disabilities Code as an informal
6    admission, a voluntary admission, a minor admission, an
7    emergency admission, or an involuntary admission, unless
8    the treatment was solely for an alcohol abuse disorder; or
9        (2) a person who voluntarily or involuntarily receives
10    mental health treatment as an out-patient or is otherwise
11    provided services by a public or private mental health
12    facility, and who poses a clear and present danger to
13    himself, herself, or to others.
14    " Person with a developmental disability" means a person
15with a disability which is attributable to any other condition
16which results in impairment similar to that caused by an
17intellectual disability and which requires services similar to
18those required by persons with intellectual disabilities. The
19disability must originate before the age of 18 years, be
20expected to continue indefinitely, and constitute a
21substantial disability. This disability results, in the
22professional opinion of a physician, clinical psychologist, or
23qualified examiner, in significant functional limitations in 3
24or more of the following areas of major life activity:
25        (i) self-care;
26        (ii) receptive and expressive language;

 

 

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1        (iii) learning;
2        (iv) mobility; or
3        (v) self-direction.
4    "Person with an intellectual disability" means a person
5with a significantly subaverage general intellectual
6functioning which exists concurrently with impairment in
7adaptive behavior and which originates before the age of 18
8years.
9    "Physician" has the meaning as defined in Section 1-120 of
10the Mental Health and Developmental Disabilities Code.
11    "Protective order" means any orders of protection issued
12under the Illinois Domestic Violence Act of 1986, stalking no
13contact orders issued under the Stalking No Contact Order Act,
14civil no contact orders issued under the Civil No Contact
15Order Act, and firearms restraining orders issued under the
16Firearms Restraining Order Act.
17    "Qualified examiner" has the meaning provided in Section
181-122 of the Mental Health and Developmental Disabilities
19Code.
20    "Sanctioned competitive shooting event" means a shooting
21contest officially recognized by a national or state shooting
22sport association, and includes any sight-in or practice
23conducted in conjunction with the event.
24    "School administrator" means the person required to report
25under the School Administrator Reporting of Mental Health
26Clear and Present Danger Determinations Law.

 

 

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1    "Stun gun or taser" has the meaning ascribed to it in
2Section 24-1 of the Criminal Code of 2012.
3(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
4revised 10-6-21.)".