Full Text of HB6199 99th General Assembly
HB6199 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB6199 Introduced 2/11/2016, by Rep. Carol Ammons SYNOPSIS AS INTRODUCED: |
| 410 ILCS 130/10 | | 430 ILCS 65/1.1 | from Ch. 38, par. 83-1.1 | 430 ILCS 65/8 | from Ch. 38, par. 83-8 |
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Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Includes in the definition of "debilitating medical condition", post-traumatic stress disorder. Amends the Firearm Owners Identification Card Act. Provides that whether a person is addicted to narcotics for purposes of the Act shall not be based on the status of the person as a registered qualifying patient or registered caregiver under the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that the Department of State Police's authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card based on any Illinois State statute or federal law does not include State statutes or federal laws that may prohibit the acquisition or possession of firearms or firearm ammunition based on a person's status as a registered qualifying patient under the Compassionate Use of Medical Cannabis Pilot Program Act.
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| | A BILL FOR |
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| 1 | | AN ACT concerning medical cannabis.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Compassionate Use of Medical Cannabis Pilot | 5 | | Program Act is amended by changing Section 10 as follows: | 6 | | (410 ILCS 130/10) | 7 | | (Section scheduled to be repealed on January 1, 2018)
| 8 | | Sec. 10. Definitions. The following terms, as used in this | 9 | | Act, shall have the meanings set forth in this Section:
| 10 | | (a) "Adequate supply" means:
| 11 | | (1) 2.5 ounces of usable cannabis during a period of 14 | 12 | | days and that is derived solely from an intrastate source.
| 13 | | (2) Subject to the rules of the Department of Public | 14 | | Health, a patient may apply for a waiver where a physician | 15 | | provides a substantial medical basis in a signed, written | 16 | | statement asserting that, based on the patient's medical | 17 | | history, in the physician's professional judgment, 2.5 | 18 | | ounces is an insufficient adequate supply for a 14-day | 19 | | period to properly alleviate the patient's debilitating | 20 | | medical condition or symptoms associated with the | 21 | | debilitating medical condition.
| 22 | | (3) This subsection may not be construed to authorize | 23 | | the possession of more than 2.5 ounces at any time without |
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| 1 | | authority from the Department of Public Health.
| 2 | | (4) The pre-mixed weight of medical cannabis used in | 3 | | making a cannabis infused product shall apply toward the | 4 | | limit on the total amount of medical cannabis a registered | 5 | | qualifying patient may possess at any one time. | 6 | | (b) "Cannabis" has the meaning given that term in Section 3 | 7 | | of the Cannabis Control Act.
| 8 | | (c) "Cannabis plant monitoring system" means a system that | 9 | | includes, but is not limited to, testing and data collection | 10 | | established and maintained by the registered cultivation | 11 | | center and available to the Department for the purposes of | 12 | | documenting each cannabis plant and for monitoring plant | 13 | | development throughout the life cycle of a cannabis plant | 14 | | cultivated for the intended use by a qualifying patient from | 15 | | seed planting to final packaging.
| 16 | | (d) "Cardholder" means a qualifying patient or a designated | 17 | | caregiver who has been issued and possesses a valid registry | 18 | | identification card by the Department of Public Health.
| 19 | | (e) "Cultivation center" means a facility operated by an | 20 | | organization or business that is registered by the Department | 21 | | of Agriculture to perform necessary activities to provide only | 22 | | registered medical cannabis dispensing organizations with | 23 | | usable medical cannabis.
| 24 | | (f) "Cultivation center agent" means a principal officer, | 25 | | board member, employee, or agent of a registered cultivation | 26 | | center who is 21 years of age or older and has not been |
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| 1 | | convicted of an excluded offense.
| 2 | | (g) "Cultivation center agent identification card" means a | 3 | | document issued by the Department of Agriculture that | 4 | | identifies a person as a cultivation center agent.
| 5 | | (h) "Debilitating medical condition" means one or more of | 6 | | the following: | 7 | | (1) cancer, glaucoma, positive status for human | 8 | | immunodeficiency virus, acquired immune deficiency | 9 | | syndrome, hepatitis C, amyotrophic lateral sclerosis, | 10 | | Crohn's disease, agitation of Alzheimer's disease, | 11 | | cachexia/wasting syndrome, muscular dystrophy, severe | 12 | | fibromyalgia, spinal cord disease, including but not | 13 | | limited to arachnoiditis, Tarlov cysts, hydromyelia, | 14 | | syringomyelia, Rheumatoid arthritis, fibrous dysplasia, | 15 | | spinal cord injury, traumatic brain injury and | 16 | | post-concussion syndrome, Multiple Sclerosis, | 17 | | Arnold-Chiari malformation and Syringomyelia, | 18 | | Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's, | 19 | | Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD | 20 | | (Complex Regional Pain Syndromes Type I), Causalgia, CRPS | 21 | | (Complex Regional Pain Syndromes Type II), | 22 | | Neurofibromatosis, Chronic Inflammatory Demyelinating | 23 | | Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial | 24 | | Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella | 25 | | syndrome, residual limb pain, post-traumatic stress | 26 | | disorder, seizures (including those characteristic of |
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| 1 | | epilepsy), or the treatment of these conditions; or
| 2 | | (2) any other debilitating medical condition or its | 3 | | treatment that is added by the Department of Public Health | 4 | | by rule as provided in Section 45. | 5 | | (i) "Designated caregiver" means a person who: (1) is at | 6 | | least 21 years of age; (2) has agreed to assist with a | 7 | | patient's medical use of cannabis; (3) has not been convicted | 8 | | of an excluded offense; and (4) assists no more than one | 9 | | registered qualifying patient with his or her medical use of | 10 | | cannabis.
| 11 | | (j) "Dispensing organization agent identification card" | 12 | | means a document issued by the Department of Financial and | 13 | | Professional Regulation that identifies a person as a medical | 14 | | cannabis dispensing organization agent.
| 15 | | (k) "Enclosed, locked facility" means a room, greenhouse, | 16 | | building, or other enclosed area equipped with locks or other | 17 | | security devices that permit access only by a cultivation | 18 | | center's agents or a dispensing organization's agent working | 19 | | for the registered cultivation center or the registered | 20 | | dispensing organization to cultivate, store, and distribute | 21 | | cannabis for registered qualifying patients.
| 22 | | (l) "Excluded offense" means:
| 23 | | (1) a violent crime defined in Section 3 of the Rights | 24 | | of Crime Victims and Witnesses Act or a substantially | 25 | | similar offense that was classified as a felony in the | 26 | | jurisdiction where the person was convicted; or
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| 1 | | (2) a violation of a state or federal controlled | 2 | | substance law that was classified as a felony in the | 3 | | jurisdiction where the person was convicted, except that | 4 | | the registering Department may waive this restriction if | 5 | | the person demonstrates to the registering Department's | 6 | | satisfaction that his or her conviction was for the | 7 | | possession, cultivation, transfer, or delivery of a | 8 | | reasonable amount of cannabis intended for medical use. | 9 | | This exception does not apply if the conviction was under | 10 | | state law and involved a violation of an existing medical | 11 | | cannabis law.
| 12 | | (m) "Medical cannabis cultivation center registration" | 13 | | means a registration issued by the Department of Agriculture. | 14 | | (n) "Medical cannabis container" means a sealed, | 15 | | traceable, food compliant, tamper resistant, tamper evident | 16 | | container, or package used for the purpose of containment of | 17 | | medical cannabis from a cultivation center to a dispensing | 18 | | organization.
| 19 | | (o) "Medical cannabis dispensing organization", or | 20 | | "dispensing organization", or "dispensary organization" means | 21 | | a facility operated by an organization or business that is | 22 | | registered by the Department of Financial and Professional | 23 | | Regulation to acquire medical cannabis from a registered | 24 | | cultivation center for the purpose of dispensing cannabis, | 25 | | paraphernalia, or related supplies and educational materials | 26 | | to registered qualifying patients.
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| 1 | | (p) "Medical cannabis dispensing organization agent" or | 2 | | "dispensing organization agent" means a principal officer, | 3 | | board member, employee, or agent of a registered medical | 4 | | cannabis dispensing organization who is 21 years of age or | 5 | | older and has not been convicted of an excluded offense.
| 6 | | (q) "Medical cannabis infused product" means food, oils, | 7 | | ointments, or other products containing usable cannabis that | 8 | | are not smoked.
| 9 | | (r) "Medical use" means the acquisition; administration; | 10 | | delivery; possession; transfer; transportation; or use of | 11 | | cannabis to treat or alleviate a registered qualifying | 12 | | patient's debilitating medical condition or symptoms | 13 | | associated with the patient's debilitating medical condition.
| 14 | | (s) "Physician" means a doctor of medicine or doctor of | 15 | | osteopathy licensed under the Medical Practice Act of 1987 to | 16 | | practice medicine and who has a controlled substances license | 17 | | under Article III of the Illinois Controlled Substances Act. It | 18 | | does not include a licensed practitioner under any other Act | 19 | | including but not limited to the Illinois Dental Practice Act.
| 20 | | (t) "Qualifying patient" means a person who has been | 21 | | diagnosed by a physician as having a debilitating medical | 22 | | condition.
| 23 | | (u) "Registered" means licensed, permitted, or otherwise | 24 | | certified by the Department of Agriculture, Department of | 25 | | Public Health, or Department of Financial and Professional | 26 | | Regulation.
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| 1 | | (v) "Registry identification card" means a document issued | 2 | | by the Department of Public Health that identifies a person as | 3 | | a registered qualifying patient or registered designated | 4 | | caregiver.
| 5 | | (w) "Usable cannabis" means the seeds, leaves, buds, and | 6 | | flowers of the cannabis plant and any mixture or preparation | 7 | | thereof, but does not include the stalks, and roots of the | 8 | | plant. It does not include the weight of any non-cannabis | 9 | | ingredients combined with cannabis, such as ingredients added | 10 | | to prepare a topical administration, food, or drink.
| 11 | | (x) "Verification system" means a Web-based system | 12 | | established and maintained by the Department of Public Health | 13 | | that is available to the Department of Agriculture, the | 14 | | Department of Financial and Professional Regulation, law | 15 | | enforcement personnel, and registered medical cannabis | 16 | | dispensing organization agents on a 24-hour basis for the | 17 | | verification of registry
identification cards, the tracking of | 18 | | delivery of medical cannabis to medical cannabis dispensing | 19 | | organizations, and the tracking of the date of sale, amount, | 20 | | and price of medical cannabis purchased by a registered | 21 | | qualifying patient.
| 22 | | (y) "Written certification" means a document dated and | 23 | | signed by a physician, stating (1) that in the physician's | 24 | | professional opinion the patient is likely to receive | 25 | | therapeutic or palliative benefit from the medical use of | 26 | | cannabis to treat or alleviate the patient's debilitating |
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| 1 | | medical condition or symptoms associated with the debilitating | 2 | | medical condition; (2) that the qualifying patient has a | 3 | | debilitating medical condition and specifying the debilitating | 4 | | medical condition the qualifying patient has; and (3) that the | 5 | | patient is under the physician's care for the debilitating | 6 | | medical condition. A written certification shall be made only | 7 | | in the course of a bona fide physician-patient relationship, | 8 | | after the physician has completed an assessment of the | 9 | | qualifying patient's medical history, reviewed relevant | 10 | | records related to the patient's debilitating condition, and | 11 | | conducted a physical examination. | 12 | | A veteran who has received treatment at a VA hospital shall | 13 | | be deemed to have a bona fide physician-patient relationship | 14 | | with a VA physician if the patient has been seen for his or her | 15 | | debilitating medical condition at the VA Hospital in accordance | 16 | | with VA Hospital protocols. | 17 | | A bona fide physician-patient relationship under this | 18 | | subsection is a privileged communication within the meaning of | 19 | | Section 8-802 of the Code of Civil Procedure.
| 20 | | (Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15 .) | 21 | | Section 10. The Firearm Owners Identification Card Act is | 22 | | amended by changing Sections 1.1 and 8 as follows:
| 23 | | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| 24 | | Sec. 1.1. For purposes of this Act:
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| 1 | | "Addicted to narcotics" means a person who has been: | 2 | | (1) convicted of an offense involving the use or | 3 | | possession of cannabis, a controlled substance, or | 4 | | methamphetamine within the past year; or | 5 | | (2) determined by the Department of State Police to be | 6 | | addicted to narcotics based upon federal law or federal | 7 | | guidelines. | 8 | | "Addicted to narcotics" does not include possession or use | 9 | | of a prescribed controlled substance under the direction and | 10 | | authority of a physician or other person authorized to | 11 | | prescribe the controlled substance when the controlled | 12 | | substance is used in the prescribed manner. | 13 | | Notwithstanding any other provision of this Act, federal | 14 | | law, or federal guidelines, the determination of whether a | 15 | | person is addicted to narcotics shall not be based on the | 16 | | status of the person as a registered qualifying patient or | 17 | | registered caregiver under the Compassionate Use of Medical | 18 | | Cannabis Pilot Program Act. | 19 | | "Adjudicated as a person with a mental disability" means | 20 | | the person is the subject of a determination by a court, board, | 21 | | commission or other lawful authority that the person, as a | 22 | | result of marked subnormal intelligence, or mental illness, | 23 | | mental impairment, incompetency, condition, or disease: | 24 | | (1) presents a clear and present danger to himself, | 25 | | herself, or to others; | 26 | | (2) lacks the mental capacity to manage his or her own |
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| 1 | | affairs or is adjudicated a person with a disability as | 2 | | defined in Section 11a-2 of the Probate Act of 1975; | 3 | | (3) is not guilty in a criminal case by reason of | 4 | | insanity, mental disease or defect; | 5 | | (3.5) is guilty but mentally ill, as provided in | 6 | | Section 5-2-6 of the Unified Code of Corrections; | 7 | | (4) is incompetent to stand trial in a criminal case; | 8 | | (5) is not guilty by reason of lack of mental | 9 | | responsibility under Articles 50a and 72b of the Uniform | 10 | | Code of Military Justice, 10 U.S.C. 850a, 876b;
| 11 | | (6) is a sexually violent person under subsection (f) | 12 | | of Section 5 of the Sexually Violent Persons Commitment | 13 | | Act; | 14 | | (7) is a sexually dangerous person under the Sexually | 15 | | Dangerous Persons Act; | 16 | | (8) is unfit to stand trial under the Juvenile Court | 17 | | Act of 1987; | 18 | | (9) is not guilty by reason of insanity under the | 19 | | Juvenile Court Act of 1987; | 20 | | (10) is subject to involuntary admission as an | 21 | | inpatient as defined in Section 1-119 of the Mental Health | 22 | | and Developmental Disabilities Code; | 23 | | (11) is subject to involuntary admission as an | 24 | | outpatient as defined in Section 1-119.1 of the Mental | 25 | | Health and Developmental Disabilities Code; | 26 | | (12) is subject to judicial admission as set forth in |
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| 1 | | Section 4-500 of the Mental Health and Developmental | 2 | | Disabilities Code; or | 3 | | (13) is subject to the provisions of the Interstate | 4 | | Agreements on Sexually Dangerous Persons Act. | 5 | | "Clear and present danger" means a person who: | 6 | | (1) communicates a serious threat of physical violence | 7 | | against a reasonably identifiable victim or poses a clear | 8 | | and imminent risk of serious physical injury to himself, | 9 | | herself, or another person as determined by a physician, | 10 | | clinical psychologist, or qualified examiner; or | 11 | | (2) demonstrates threatening physical or verbal | 12 | | behavior, such as violent, suicidal, or assaultive | 13 | | threats, actions, or other behavior, as determined by a | 14 | | physician, clinical psychologist, qualified examiner, | 15 | | school administrator, or law enforcement official. | 16 | | "Clinical psychologist" has the meaning provided in | 17 | | Section 1-103 of the Mental Health and Developmental | 18 | | Disabilities Code. | 19 | | "Controlled substance" means a controlled substance or | 20 | | controlled substance analog as defined in the Illinois | 21 | | Controlled Substances Act. | 22 | | "Counterfeit" means to copy or imitate, without legal | 23 | | authority, with
intent
to deceive. | 24 | | disability | 25 | | This disability results in the professional opinion of a | 26 | | physician, clinical psychologist, or qualified examiner, in |
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| 1 | | significant functional limitations in 3 or more of the | 2 | | following areas of major life activity: | 3 | | (i) self-care; | 4 | | (ii) receptive and expressive language; | 5 | | (iii) learning; | 6 | | (iv) mobility; or | 7 | | (v) self-direction. | 8 | | "Federally licensed firearm dealer" means a person who is | 9 | | licensed as a federal firearms dealer under Section 923 of the | 10 | | federal Gun Control Act of 1968 (18 U.S.C. 923).
| 11 | | "Firearm" means any device, by
whatever name known, which | 12 | | is designed to expel a projectile or projectiles
by the action | 13 | | of an explosion, expansion of gas or escape of gas; excluding,
| 14 | | however:
| 15 | | (1) any pneumatic gun, spring gun, paint ball gun, or | 16 | | B-B gun which
expels a single globular projectile not | 17 | | exceeding .18 inch in
diameter or which has a maximum | 18 | | muzzle velocity of less than 700 feet
per second;
| 19 | | (1.1) any pneumatic gun, spring gun, paint ball gun, or | 20 | | B-B gun which expels breakable paint balls containing | 21 | | washable marking colors;
| 22 | | (2) any device used exclusively for signalling or | 23 | | safety and required or
recommended by the United States | 24 | | Coast Guard or the Interstate Commerce
Commission;
| 25 | | (3) any device used exclusively for the firing of stud | 26 | | cartridges,
explosive rivets or similar industrial |
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| 1 | | ammunition; and
| 2 | | (4) an antique firearm (other than a machine-gun) | 3 | | which, although
designed as a weapon, the Department of | 4 | | State Police finds by reason of
the date of its | 5 | | manufacture, value, design, and other characteristics is
| 6 | | primarily a collector's item and is not likely to be used | 7 | | as a weapon.
| 8 | | "Firearm ammunition" means any self-contained cartridge or | 9 | | shotgun
shell, by whatever name known, which is designed to be | 10 | | used or adaptable to
use in a firearm; excluding, however:
| 11 | | (1) any ammunition exclusively designed for use with a | 12 | | device used
exclusively for signalling or safety and | 13 | | required or recommended by the
United States Coast Guard or | 14 | | the Interstate Commerce Commission; and
| 15 | | (2) any ammunition designed exclusively for use with a | 16 | | stud or rivet
driver or other similar industrial | 17 | | ammunition. | 18 | | "Gun show" means an event or function: | 19 | | (1) at which the sale and transfer of firearms is the | 20 | | regular and normal course of business and where 50 or more | 21 | | firearms are displayed, offered, or exhibited for sale, | 22 | | transfer, or exchange; or | 23 | | (2) at which not less than 10 gun show vendors display, | 24 | | offer, or exhibit for sale, sell, transfer, or exchange | 25 | | firearms.
| 26 | | "Gun show" includes the entire premises provided for an |
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| 1 | | event or function, including parking areas for the event or | 2 | | function, that is sponsored to facilitate the purchase, sale, | 3 | | transfer, or exchange of firearms as described in this Section.
| 4 | | Nothing in this definition shall be construed to exclude a gun | 5 | | show held in conjunction with competitive shooting events at | 6 | | the World Shooting Complex sanctioned by a national governing | 7 | | body in which the sale or transfer of firearms is authorized | 8 | | under subparagraph (5) of paragraph (g) of subsection (A) of | 9 | | Section 24-3 of the Criminal Code of 2012. | 10 | | Unless otherwise expressly stated, "gun show" does not | 11 | | include training or safety classes, competitive shooting | 12 | | events, such as rifle, shotgun, or handgun matches, trap, | 13 | | skeet, or sporting clays shoots, dinners, banquets, raffles, or
| 14 | | any other event where the sale or transfer of firearms is not | 15 | | the primary course of business. | 16 | | "Gun show promoter" means a person who organizes or | 17 | | operates a gun show. | 18 | | "Gun show vendor" means a person who exhibits, sells, | 19 | | offers for sale, transfers, or exchanges any firearms at a gun | 20 | | show, regardless of whether the person arranges with a gun show | 21 | | promoter for a fixed location from which to exhibit, sell, | 22 | | offer for sale, transfer, or exchange any firearm. | 23 | | "Involuntarily admitted" has the meaning as prescribed in | 24 | | Sections 1-119 and 1-119.1 of the Mental Health and | 25 | | Developmental Disabilities Code. | 26 | | "Mental health facility" means any licensed private |
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| 1 | | hospital or hospital affiliate, institution, or facility, or | 2 | | part thereof, and any facility, or part thereof, operated by | 3 | | the State or a political subdivision thereof which provide | 4 | | treatment of persons with mental illness and includes all | 5 | | hospitals, institutions, clinics, evaluation facilities, | 6 | | mental health centers, colleges, universities, long-term care | 7 | | facilities, and nursing homes, or parts thereof, which provide | 8 | | treatment of persons with mental illness whether or not the | 9 | | primary purpose is to provide treatment of persons with mental | 10 | | illness. | 11 | | "National governing body" means a group of persons who | 12 | | adopt rules and formulate policy on behalf of a national | 13 | | firearm sporting organization. | 14 | | "Patient" means: | 15 | | (1) a person who voluntarily receives mental health | 16 | | treatment as an in-patient or resident of any public or | 17 | | private mental health facility, unless the treatment was | 18 | | solely for an alcohol abuse disorder and no other secondary | 19 | | substance abuse disorder or mental illness; or | 20 | | (2) a person who voluntarily receives mental health | 21 | | treatment as an out-patient or is provided services by a | 22 | | public or private mental health facility, and who poses a | 23 | | clear and present danger to himself, herself, or to others. | 24 | | "Person with a developmental disability" means a person | 25 | | with a disability which is attributable to any other condition | 26 | | which results in impairment similar to that caused by an |
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| 1 | | intellectual disability and which requires services similar to | 2 | | those required by persons with intellectual disabilities. The | 3 | | disability must originate before the age of 18
years, be | 4 | | expected to continue indefinitely, and constitute a | 5 | | substantial disability. This disability results, in the | 6 | | professional opinion of a physician, clinical psychologist, or | 7 | | qualified examiner, in significant functional limitations in 3 | 8 | | or more of the following areas of major life activity: | 9 | | (i) self-care; | 10 | | (ii) receptive and expressive language; | 11 | | (iii) learning; | 12 | | (iv) mobility; or | 13 | | (v) self-direction. | 14 | | "Person with an intellectual disability" means a person | 15 | | with a significantly subaverage general intellectual | 16 | | functioning which exists concurrently with impairment in | 17 | | adaptive behavior and which originates before the age of 18 | 18 | | years. | 19 | | "Physician" has the meaning as defined in Section 1-120 of | 20 | | the Mental Health and Developmental Disabilities Code. | 21 | | "Qualified examiner" has the meaning provided in Section | 22 | | 1-122 of the Mental Health and Developmental Disabilities Code. | 23 | | "Sanctioned competitive shooting event" means a shooting | 24 | | contest officially recognized by a national or state shooting | 25 | | sport association, and includes any sight-in or practice | 26 | | conducted in conjunction with the event.
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| 1 | | "School administrator" means the person required to report | 2 | | under the School Administrator Reporting of Mental Health Clear | 3 | | and Present Danger Determinations Law. | 4 | | "Stun gun or taser" has the meaning ascribed to it in | 5 | | Section 24-1 of the Criminal Code of 2012. | 6 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, | 7 | | eff. 7-27-15; revised 10-20-15.)
| 8 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| 9 | | Sec. 8. Grounds for denial and revocation. The Department | 10 | | of State Police has authority to deny an
application for or to | 11 | | revoke and seize a Firearm Owner's Identification
Card | 12 | | previously issued under this Act only if the Department finds | 13 | | that the
applicant or the person to whom such card was issued | 14 | | is or was at the time
of issuance:
| 15 | | (a) A person under 21 years of age who has been | 16 | | convicted of a
misdemeanor other than a traffic offense or | 17 | | adjudged delinquent;
| 18 | | (b) A person under 21 years of age who does not have | 19 | | the written consent
of his parent or guardian to acquire | 20 | | and possess firearms and firearm
ammunition, or whose | 21 | | parent or guardian has revoked such written consent,
or | 22 | | where such parent or guardian does not qualify to have a | 23 | | Firearm Owner's
Identification Card;
| 24 | | (c) A person convicted of a felony under the laws of | 25 | | this or any other
jurisdiction;
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| 1 | | (d) A person addicted to narcotics;
| 2 | | (e) A person who has been a patient of a mental health | 3 | | facility within the
past 5 years or a person who has been a | 4 | | patient in a mental health facility more than 5 years ago | 5 | | who has not received the certification required under | 6 | | subsection (u) of this Section. An active law enforcement | 7 | | officer employed by a unit of government who is denied, | 8 | | revoked, or has his or her Firearm Owner's Identification | 9 | | Card seized under this subsection (e) may obtain relief as | 10 | | described in subsection (c-5) of Section 10 of this Act if | 11 | | the officer did not act in a manner threatening to the | 12 | | officer, another person, or the public as determined by the | 13 | | treating clinical psychologist or physician, and the | 14 | | officer seeks mental health treatment;
| 15 | | (f) A person whose mental condition is of such a nature | 16 | | that it poses
a clear and present danger to the applicant, | 17 | | any other person or persons or
the community;
| 18 | | (g) A person who has an intellectual disability;
| 19 | | (h) A person who intentionally makes a false statement | 20 | | in the Firearm
Owner's Identification Card application;
| 21 | | (i) An alien who is unlawfully present in
the United | 22 | | States under the laws of the United States;
| 23 | | (i-5) An alien who has been admitted to the United | 24 | | States under a
non-immigrant visa (as that term is defined | 25 | | in Section 101(a)(26) of the
Immigration and Nationality | 26 | | Act (8 U.S.C. 1101(a)(26))), except that this
subsection |
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| 1 | | (i-5) does not apply to any alien who has been lawfully | 2 | | admitted to
the United States under a non-immigrant visa if | 3 | | that alien is:
| 4 | | (1) admitted to the United States for lawful | 5 | | hunting or sporting purposes;
| 6 | | (2) an official representative of a foreign | 7 | | government who is:
| 8 | | (A) accredited to the United States Government | 9 | | or the Government's
mission to an international | 10 | | organization having its headquarters in the United
| 11 | | States; or
| 12 | | (B) en route to or from another country to | 13 | | which that alien is
accredited;
| 14 | | (3) an official of a foreign government or | 15 | | distinguished foreign visitor
who has been so | 16 | | designated by the Department of State;
| 17 | | (4) a foreign law enforcement officer of a friendly | 18 | | foreign government
entering the United States on | 19 | | official business; or
| 20 | | (5) one who has received a waiver from the Attorney | 21 | | General of the United
States pursuant to 18 U.S.C. | 22 | | 922(y)(3);
| 23 | | (j) (Blank);
| 24 | | (k) A person who has been convicted within the past 5 | 25 | | years of battery,
assault, aggravated assault, violation | 26 | | of an order of protection, or a
substantially similar |
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| 1 | | offense in another jurisdiction, in which a firearm was
| 2 | | used or possessed;
| 3 | | (l) A person who has been convicted of domestic | 4 | | battery, aggravated domestic battery, or a substantially
| 5 | | similar offense in another jurisdiction committed before, | 6 | | on or after January 1, 2012 (the effective date of Public | 7 | | Act 97-158). If the applicant or person who has been | 8 | | previously issued a Firearm Owner's Identification Card | 9 | | under this Act knowingly and intelligently waives the right | 10 | | to have an offense described in this paragraph (l) tried by | 11 | | a jury, and by guilty plea or otherwise, results in a | 12 | | conviction for an offense in which a domestic relationship | 13 | | is not a required element of the offense but in which a | 14 | | determination of the applicability of 18 U.S.C. 922(g)(9) | 15 | | is made under Section 112A-11.1 of the Code of Criminal | 16 | | Procedure of 1963, an entry by the court of a judgment of | 17 | | conviction for that offense shall be grounds for denying an | 18 | | application for and for revoking and seizing a Firearm | 19 | | Owner's Identification Card previously issued to the | 20 | | person under this Act;
| 21 | | (m) (Blank);
| 22 | | (n) A person who is prohibited from acquiring or | 23 | | possessing
firearms or firearm ammunition by any Illinois | 24 | | State statute or by federal
law , other than State statutes | 25 | | and federal laws that may prohibit the acquisition or | 26 | | possession of firearms or firearm ammunition based on a |
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| 1 | | person's status as a registered qualifying patient under | 2 | | the Compassionate Use of Medical Cannabis Pilot Program | 3 | | Act ;
| 4 | | (o) A minor subject to a petition filed under Section | 5 | | 5-520 of the
Juvenile Court Act of 1987 alleging that the | 6 | | minor is a delinquent minor for
the commission of an | 7 | | offense that if committed by an adult would be a felony;
| 8 | | (p) An adult who had been adjudicated a delinquent | 9 | | minor under the Juvenile
Court Act of 1987 for the | 10 | | commission of an offense that if committed by an
adult | 11 | | would be a felony;
| 12 | | (q) A person who is not a resident of the State of | 13 | | Illinois, except as provided in subsection (a-10) of | 14 | | Section 4; | 15 | | (r) A person who has been adjudicated as a person with | 16 | | a mental disability; | 17 | | (s) A person who has been found to have a developmental | 18 | | disability; | 19 | | (t) A person involuntarily admitted into a mental | 20 | | health facility; or | 21 | | (u) A person who has had his or her Firearm Owner's | 22 | | Identification Card revoked or denied under subsection (e) | 23 | | of this Section or item (iv) of paragraph (2) of subsection | 24 | | (a) of Section 4 of this Act because he or she was a | 25 | | patient in a mental health facility as provided in | 26 | | subsection (e) of this Section, shall not be permitted to |
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| 1 | | obtain a Firearm Owner's Identification Card, after the | 2 | | 5-year period has lapsed, unless he or she has received a | 3 | | mental health evaluation by a physician, clinical | 4 | | psychologist, or qualified examiner as those terms are | 5 | | defined in the Mental Health and Developmental | 6 | | Disabilities Code, and has received a certification that he | 7 | | or she is not a clear and present danger to himself, | 8 | | herself, or others. The physician, clinical psychologist, | 9 | | or qualified examiner making the certification and his or | 10 | | her employer shall not be held criminally, civilly, or | 11 | | professionally liable for making or not making the | 12 | | certification required under this subsection, except for | 13 | | willful or wanton misconduct. This subsection does not | 14 | | apply to a person whose firearm possession rights have been | 15 | | restored through administrative or judicial action under | 16 | | Section 10 or 11 of this Act. | 17 | | Upon revocation of a person's Firearm Owner's | 18 | | Identification Card, the Department of State Police shall | 19 | | provide notice to the person and the person shall comply with | 20 | | Section 9.5 of this Act. | 21 | | (Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, | 22 | | eff. 7-16-14; 99-143, eff. 7-27-15.)
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