Full Text of HB5196 102nd General Assembly
HB5196sam002 102ND GENERAL ASSEMBLY | Sen. Scott M. Bennett Filed: 3/30/2022
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| 1 | | AMENDMENT TO HOUSE BILL 5196
| 2 | | AMENDMENT NO. ______. Amend House Bill 5196 on page 26, | 3 | | line 23, after the period, by inserting " This definition does | 4 | | not supersede the "developmental disability" definition in | 5 | | Section 1.1 of the Firearm Owners Identification Card Act | 6 | | which is required to be applied under that Act for the purpose | 7 | | of mandatory reporting. "; and
| 8 | | on page 27, line 23, after the period, by inserting " This | 9 | | definition does not supersede the "intellectual disability" | 10 | | definition in Section 1.1 of the Firearm Owners Identification | 11 | | Card Act which is required to be applied under that Act for the | 12 | | purpose of mandatory reporting"; and | 13 | | on page 39, immediately below line 9, by inserting the | 14 | | following: | 15 | | "Section 65. The Firearm Owners Identification Card Act is |
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| 1 | | amended 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 | 12 | | of a prescribed controlled substance under the direction and | 13 | | authority of a physician or other person authorized to | 14 | | prescribe the controlled substance when the controlled | 15 | | substance is used in the prescribed manner. | 16 | | "Adjudicated as a person with a mental disability" means | 17 | | the person is the subject of a determination by a court, board, | 18 | | commission or other lawful authority that the person, as a | 19 | | result of marked subnormal intelligence, or mental illness, | 20 | | mental 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 | 15 | | Section 1-103 of the Mental Health and Developmental | 16 | | Disabilities Code. | 17 | | "Controlled substance" means a controlled substance or | 18 | | controlled substance analog as defined in the Illinois | 19 | | Controlled Substances Act. | 20 | | "Counterfeit" means to copy or imitate, without legal | 21 | | authority, with
intent
to deceive. | 22 | | "Developmental disability" means a severe, chronic | 23 | | disability 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 | 18 | | licensed as a federal firearms dealer under Section 923 of the | 19 | | federal Gun Control Act of 1968 (18 U.S.C. 923).
| 20 | | "Firearm" means any device, by
whatever name known, which | 21 | | is designed to expel a projectile or projectiles
by the action | 22 | | of an explosion, expansion of gas or escape of gas; excluding,
| 23 | | however:
| 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 | 17 | | shotgun
shell, by whatever name known, which is designed to be | 18 | | used 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 | 9 | | event or function, including parking areas for the event or | 10 | | function, that is sponsored to facilitate the purchase, sale, | 11 | | transfer, or exchange of firearms as described in this | 12 | | Section.
Nothing in this definition shall be construed to | 13 | | exclude a gun show held in conjunction with competitive | 14 | | shooting events at the World Shooting Complex sanctioned by a | 15 | | national governing body in which the sale or transfer of | 16 | | firearms is authorized under subparagraph (5) of paragraph (g) | 17 | | of subsection (A) of Section 24-3 of the Criminal Code of 2012. | 18 | | Unless otherwise expressly stated, "gun show" does not | 19 | | include training or safety classes, competitive shooting | 20 | | events, such as rifle, shotgun, or handgun matches, trap, | 21 | | skeet, or sporting clays shoots, dinners, banquets, raffles, | 22 | | or
any other event where the sale or transfer of firearms is | 23 | | not the primary course of business. | 24 | | "Gun show promoter" means a person who organizes or | 25 | | operates a gun show. | 26 | | "Gun show vendor" means a person who exhibits, sells, |
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| 1 | | offers for sale, transfers, or exchanges any firearms at a gun | 2 | | show, regardless of whether the person arranges with a gun | 3 | | show promoter for a fixed location from which to exhibit, | 4 | | sell, offer for sale, transfer, or exchange any firearm. | 5 | | "Intellectual disability" means significantly subaverage | 6 | | general intellectual functioning, existing concurrently with | 7 | | deficits in adaptive behavior and manifested during the | 8 | | developmental period, which is defined as before the age of | 9 | | 22, that adversely affects a child's educational performance. | 10 | | "Involuntarily admitted" has the meaning as prescribed in | 11 | | Sections 1-119 and 1-119.1 of the Mental Health and | 12 | | Developmental Disabilities Code. | 13 | | "Mental health facility" means any licensed private | 14 | | hospital or hospital affiliate, institution, or facility, or | 15 | | part thereof, and any facility, or part thereof, operated by | 16 | | the State or a political subdivision thereof which provides | 17 | | provide treatment of persons with mental illness and includes | 18 | | all hospitals, institutions, clinics, evaluation facilities, | 19 | | mental health centers, colleges, universities, long-term care | 20 | | facilities, and nursing homes, or parts thereof, which provide | 21 | | treatment of persons with mental illness whether or not the | 22 | | primary purpose is to provide treatment of persons with mental | 23 | | illness. | 24 | | "National governing body" means a group of persons who | 25 | | adopt rules and formulate policy on behalf of a national | 26 | | firearm 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 | 15 | | with a disability which is attributable to any other condition | 16 | | which results in impairment similar to that caused by an | 17 | | intellectual disability and which requires services similar to | 18 | | those required by persons with intellectual disabilities. The | 19 | | disability must originate before the age of 18
years, be | 20 | | expected to continue indefinitely, and constitute a | 21 | | substantial disability. This disability results, in the | 22 | | professional opinion of a physician, clinical psychologist, or | 23 | | qualified examiner, in significant functional limitations in 3 | 24 | | or 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 | 5 | | with a significantly subaverage general intellectual | 6 | | functioning which exists concurrently with impairment in | 7 | | adaptive behavior and which originates before the age of 18 | 8 | | years. | 9 | | "Physician" has the meaning as defined in Section 1-120 of | 10 | | the Mental Health and Developmental Disabilities Code. | 11 | | "Protective order" means any orders of protection issued | 12 | | under the Illinois Domestic Violence Act of 1986, stalking no | 13 | | contact orders issued under the Stalking No Contact Order Act, | 14 | | civil no contact orders issued under the Civil No Contact | 15 | | Order Act, and firearms restraining orders issued under the | 16 | | Firearms Restraining Order Act. | 17 | | "Qualified examiner" has the meaning provided in Section | 18 | | 1-122 of the Mental Health and Developmental Disabilities | 19 | | Code. | 20 | | "Sanctioned competitive shooting event" means a shooting | 21 | | contest officially recognized by a national or state shooting | 22 | | sport association, and includes any sight-in or practice | 23 | | conducted in conjunction with the event.
| 24 | | "School administrator" means the person required to report | 25 | | under the School Administrator Reporting of Mental Health | 26 | | Clear and Present Danger Determinations Law. |
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| 1 | | "Stun gun or taser" has the meaning ascribed to it in | 2 | | Section 24-1 of the Criminal Code of 2012. | 3 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | 4 | | revised 10-6-21.)".
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