99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3532

 

Introduced , by Rep. Esther Golar

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/8  from Ch. 38, par. 83-8
720 ILCS 5/8-4  from Ch. 38, par. 8-4

    Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police shall revoke for one year the Firearm Owner's Identification Card of a card holder who reports to the local law enforcement agency his or her firearms lost or stolen 3 times within a 2-year period. Provides that any law enforcement agency that has knowledge that a card holder has reported his or her firearms lost or stolen 3 times within a 2-year period shall forthwith forward that information to the Department of State Police. Amends the Criminal Code of 2012. Provides that the sentence for attempt to acquire a firearm by use of a revoked Firearm Owner's Identification Card is a Class 4 felony.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3532LRB099 08661 RLC 28826 b

1    AN ACT concerning firearms.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Section 8 as follows:
 
6    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
7    Sec. 8. Grounds for denial and revocation. The Department
8of State Police has authority to deny an application for or to
9revoke and seize a Firearm Owner's Identification Card
10previously issued under this Act only if the Department finds
11that the applicant or the person to whom such card was issued
12is or was at the time of issuance:
13        (a) A person under 21 years of age who has been
14    convicted of a misdemeanor other than a traffic offense or
15    adjudged delinquent;
16        (b) A person under 21 years of age who does not have
17    the written consent of his parent or guardian to acquire
18    and possess firearms and firearm ammunition, or whose
19    parent or guardian has revoked such written consent, or
20    where such parent or guardian does not qualify to have a
21    Firearm Owner's Identification Card;
22        (c) A person convicted of a felony under the laws of
23    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 is intellectually disabled;
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;
25        (o) A minor subject to a petition filed under Section
26    5-520 of the Juvenile Court Act of 1987 alleging that the

 

 

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1    minor is a delinquent minor for the commission of an
2    offense that if committed by an adult would be a felony;
3        (p) An adult who had been adjudicated a delinquent
4    minor under the Juvenile Court Act of 1987 for the
5    commission of an offense that if committed by an adult
6    would be a felony;
7        (q) A person who is not a resident of the State of
8    Illinois, except as provided in subsection (a-10) of
9    Section 4;
10        (r) A person who has been adjudicated as a mentally
11    disabled person;
12        (s) A person who has been found to be developmentally
13    disabled;
14        (t) A person involuntarily admitted into a mental
15    health facility; or
16        (u) A person who has had his or her Firearm Owner's
17    Identification Card revoked or denied under subsection (e)
18    of this Section or item (iv) of paragraph (2) of subsection
19    (a) of Section 4 of this Act because he or she was a
20    patient in a mental health facility as provided in
21    subsection (e) of this Section, shall not be permitted to
22    obtain a Firearm Owner's Identification Card, after the
23    5-year period has lapsed, unless he or she has received a
24    mental health evaluation by a physician, clinical
25    psychologist, or qualified examiner as those terms are
26    defined in the Mental Health and Developmental

 

 

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1    Disabilities Code, and has received a certification that he
2    or she is not a clear and present danger to himself,
3    herself, or others. The physician, clinical psychologist,
4    or qualified examiner making the certification and his or
5    her employer shall not be held criminally, civilly, or
6    professionally liable for making or not making the
7    certification required under this subsection, except for
8    willful or wanton misconduct. This subsection does not
9    apply to a person whose firearm possession rights have been
10    restored through administrative or judicial action under
11    Section 10 or 11 of this Act.
12    The Department of State Police shall revoke for one year
13the Firearm Owner's Identification Card of a card holder who
14reports to the local law enforcement agency his or her firearms
15lost or stolen 3 times within a 2-year period. Any law
16enforcement agency that has knowledge that a card holder has
17reported his or her firearms lost or stolen 3 times within a
182-year period shall forthwith forward that information to the
19Department of State Police.
20    Upon revocation of a person's Firearm Owner's
21Identification Card, the Department of State Police shall
22provide notice to the person and the person shall comply with
23Section 9.5 of this Act.
24(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,
25eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13;
2698-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, eff.

 

 

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17-16-14.)
 
2    Section 10. The Criminal Code of 2012 is amended by
3changing Section 8-4 as follows:
 
4    (720 ILCS 5/8-4)  (from Ch. 38, par. 8-4)
5    Sec. 8-4. Attempt.
6    (a) Elements of the offense.
7    A person commits the offense of attempt when, with intent
8to commit a specific offense, he or she does any act that
9constitutes a substantial step toward the commission of that
10offense.
11    (b) Impossibility.
12    It is not a defense to a charge of attempt that because of
13a misapprehension of the circumstances it would have been
14impossible for the accused to commit the offense attempted.
15    (c) Sentence.
16    A person convicted of attempt may be fined or imprisoned or
17both not to exceed the maximum provided for the offense
18attempted but, except for an attempt to commit the offense
19defined in Section 33A-2 of this Code:
20        (1) the sentence for attempt to commit first degree
21    murder is the sentence for a Class X felony, except that
22            (A) an attempt to commit first degree murder when
23        at least one of the aggravating factors specified in
24        paragraphs (1), (2), and (12) of subsection (b) of

 

 

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1        Section 9-1 is present is a Class X felony for which
2        the sentence shall be a term of imprisonment of not
3        less than 20 years and not more than 80 years;
4            (B) an attempt to commit first degree murder while
5        armed with a firearm is a Class X felony for which 15
6        years shall be added to the term of imprisonment
7        imposed by the court;
8            (C) an attempt to commit first degree murder during
9        which the person personally discharged a firearm is a
10        Class X felony for which 20 years shall be added to the
11        term of imprisonment imposed by the court;
12            (D) an attempt to commit first degree murder during
13        which the person personally discharged a firearm that
14        proximately caused great bodily harm, permanent
15        disability, permanent disfigurement, or death to
16        another person is a Class X felony for which 25 years
17        or up to a term of natural life shall be added to the
18        term of imprisonment imposed by the court; and
19            (E) if the defendant proves by a preponderance of
20        the evidence at sentencing that, at the time of the
21        attempted murder, he or she was acting under a sudden
22        and intense passion resulting from serious provocation
23        by the individual whom the defendant endeavored to
24        kill, or another, and, had the individual the defendant
25        endeavored to kill died, the defendant would have
26        negligently or accidentally caused that death, then

 

 

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1        the sentence for the attempted murder is the sentence
2        for a Class 1 felony;
3        (2) the sentence for attempt to commit a Class X felony
4    is the sentence for a Class 1 felony;
5        (3) the sentence for attempt to commit a Class 1 felony
6    is the sentence for a Class 2 felony;
7        (4) the sentence for attempt to commit a Class 2 felony
8    is the sentence for a Class 3 felony; and
9        (4.1) the sentence for attempt to commit a violation of
10    paragraph (1) of subsection (a) of Section 2 of the Firearm
11    Owners Identification Card Act by use of a revoked Firearm
12    Owner's Identification Card is a Class 4 felony; and
13        (5) the sentence for attempt to commit any felony other
14    than those specified in items (1), (2), (3), and (4), and
15    (4.1) of this subsection (c) is the sentence for a Class A
16    misdemeanor.
17(Source: P.A. 96-710, eff. 1-1-10.)