State of Illinois
90th General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ Senate Amendment 001 ]

90_SB0550

      720 ILCS 5/24-8 new
          Amends the Criminal Code of  1961.   Provides  that  upon
      recovering  a  firearm from the possession of anyone under 21
      years of age who is not authorized by federal or State law to
      possess the firearm, the local law enforcement  agency  shall
      trace  where  the  person  under  21 gained possession of the
      firearm.  Provides that upon completing a  trace,  the  local
      law  enforcement  agency  shall record its findings on a form
      prescribed by  the  Department  of  State  Police  and  shall
      forward a copy within 5 days to the Director of State Police.
                                                     LRB9002722RCks
                                               LRB9002722RCks
 1        AN  ACT  to  amend  the  Criminal  Code of 1961 by adding
 2    Section 24-8.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The  Criminal  Code  of  1961  is amended by
 6    adding Section 24-8 as follows:
 7        (720 ILCS 5/24-8 new)
 8        Sec. 24-8.  Firearm tracing.
 9        (a)  Upon recovering a firearm  from  the  possession  of
10    anyone  under 21 years of age who is not permitted by federal
11    or State law to possess a firearm, a  local  law  enforcement
12    agency  shall use the best available information, including a
13    firearms trace where necessary, to  determine  how  and  from
14    where  the  person under 21 years of age gained possession of
15    the firearm.  A firearms trace  under  this  Section  is  not
16    considered  complete  until  enough  evidence  exists to make
17    prosecution possible, or until all available  resources  have
18    been exhausted.
19        (b)  Local  law  enforcement may use the National Tracing
20    Center of the Federal Bureau of Alcohol, Tobacco and Firearms
21    in complying with subsection (a) of this Section.
22        (c)  The  Illinois  Department  of  State  Police   shall
23    prescribe a form for use by local law enforcement agencies to
24    record  the  trace  results  of  the  firearms recovered from
25    persons under 21 years of age.   In  addition  to  any  other
26    information  which the Department may request, the form shall
27    require:  (i)  the  serial  number,  make,  model  or   other
28    identifying  information  on the firearm if available; (ii) a
29    brief  description  of  the  circumstances  under  which  the
30    firearm came into possession of the law  enforcement  agency,
31    including the crime which was or may have been committed with
                            -2-                LRB9002722RCks
 1    the  firearm; (iii) the name or other identifying information
 2    on the person under 21 years of age from  which  the  firearm
 3    was  taken; (iv) the results of the firearms trace, including
 4    the original place of sale and the  chain  of  possession  or
 5    title of the firearm; and (v) the disposition of the firearm.
 6        (d)  Upon  completing  a  firearms trace under subsection
 7    (a) of this Section, the local law enforcement  agency  shall
 8    record  its  findings on the prescribed form, retain one copy
 9    of the completed form, and forward a duplicate copy, by first
10    class mail, within 5 working days to the  Director  of  State
11    Police.

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