99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3633

 

Introduced , by Rep. Deborah Conroy

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 66/70

    Amends the Firearm Concealed Carry Act. Provides that a licensee who knowingly carries a firearm on or into a building, real property, or parking area under the control of a public or private pre-school, elementary or secondary school, college, or university is guilty of a Class 4 felony for a first offense and a Class 3 felony for a second or subsequent offense.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3633LRB099 06433 RLC 26503 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Concealed Carry Act is amended by
5changing Section 70 as follows:
 
6    (430 ILCS 66/70)
7    Sec. 70. Violations.
8    (a) A license issued or renewed under this Act shall be
9revoked if, at any time, the licensee is found to be ineligible
10for a license under this Act or the licensee no longer meets
11the eligibility requirements of the Firearm Owners
12Identification Card Act.
13    (b) A license shall be suspended if an order of protection,
14including an emergency order of protection, plenary order of
15protection, or interim order of protection under Article 112A
16of the Code of Criminal Procedure of 1963 or under the Illinois
17Domestic Violence Act of 1986, is issued against a licensee for
18the duration of the order, or if the Department is made aware
19of a similar order issued against the licensee in any other
20jurisdiction. If an order of protection is issued against a
21licensee, the licensee shall surrender the license, as
22applicable, to the court at the time the order is entered or to
23the law enforcement agency or entity serving process at the

 

 

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1time the licensee is served the order. The court, law
2enforcement agency, or entity responsible for serving the order
3of protection shall notify the Department within 7 days and
4transmit the license to the Department.
5    (c) A license is invalid upon expiration of the license,
6unless the licensee has submitted an application to renew the
7license, and the applicant is otherwise eligible to possess a
8license under this Act.
9    (d) A licensee shall not carry a concealed firearm while
10under the influence of alcohol, other drug or drugs,
11intoxicating compound or combination of compounds, or any
12combination thereof, under the standards set forth in
13subsection (a) of Section 11-501 of the Illinois Vehicle Code.
14    A licensee in violation of this subsection (d) shall be
15guilty of a Class A misdemeanor for a first or second violation
16and a Class 4 felony for a third violation. The Department may
17suspend a license for up to 6 months for a second violation and
18shall permanently revoke a license for a third violation.
19    (e) Except as otherwise provided, a licensee in violation
20of this Act shall be guilty of a Class B misdemeanor. A second
21or subsequent violation is a Class A misdemeanor. A licensee
22who knowingly carries a firearm on or into a building, real
23property, or parking area under the control of a public or
24private pre-school, elementary or secondary school, college,
25or university in violation of paragraph (1), (2), or (15) of
26subsection (a) of Section 65 of this Act is guilty of a Class 4

 

 

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1felony for a first offense and a Class 3 felony for a second or
2subsequent offense. The Department may suspend a license for up
3to 6 months for a second violation and shall permanently revoke
4a license for 3 or more violations of Section 65 of this Act.
5Any person convicted of a violation under this Section shall
6pay a $150 fee to be deposited into the Mental Health Reporting
7Fund, plus any applicable court costs or fees.
8    (f) A licensee convicted or found guilty of a violation of
9this Act who has a valid license and is otherwise eligible to
10carry a concealed firearm shall only be subject to the
11penalties under this Section and shall not be subject to the
12penalties under Section 21-6, paragraph (4), (8), or (10) of
13subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
14of paragraph (3) of subsection (a) of Section 24-1.6 of the
15Criminal Code of 2012. Except as otherwise provided in this
16subsection, nothing in this subsection prohibits the licensee
17from being subjected to penalties for violations other than
18those specified in this Act.
19    (g) A licensee whose license is revoked, suspended, or
20denied shall, within 48 hours of receiving notice of the
21revocation, suspension, or denial, surrender his or her
22concealed carry license to the local law enforcement agency
23where the person resides. The local law enforcement agency
24shall provide the licensee a receipt and transmit the concealed
25carry license to the Department of State Police. If the
26licensee whose concealed carry license has been revoked,

 

 

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1suspended, or denied fails to comply with the requirements of
2this subsection, the law enforcement agency where the person
3resides may petition the circuit court to issue a warrant to
4search for and seize the concealed carry license in the
5possession and under the custody or control of the licensee
6whose concealed carry license has been revoked, suspended, or
7denied. The observation of a concealed carry license in the
8possession of a person whose license has been revoked,
9suspended, or denied constitutes a sufficient basis for the
10arrest of that person for violation of this subsection. A
11violation of this subsection is a Class A misdemeanor.
12    (h) A license issued or renewed under this Act shall be
13revoked if, at any time, the licensee is found ineligible for a
14Firearm Owner's Identification Card, or the licensee no longer
15possesses a valid Firearm Owner's Identification Card. A
16licensee whose license is revoked under this subsection (h)
17shall surrender his or her concealed carry license as provided
18for in subsection (g) of this Section.
19    This subsection shall not apply to a person who has filed
20an application with the State Police for renewal of a Firearm
21Owner's Identification Card and who is not otherwise ineligible
22to obtain a Firearm Owner's Identification Card.
23    (i) A certified firearms instructor who knowingly provides
24or offers to provide a false certification that an applicant
25has completed firearms training as required under this Act is
26guilty of a Class A misdemeanor. A person guilty of a violation

 

 

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1of this subsection (i) is not eligible for court supervision.
2The Department shall permanently revoke the firearms
3instructor certification of a person convicted under this
4subsection (i).
5(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899,
6eff. 8-15-14.)