Bill Status of SB0947  93rd General Assembly


Short Description:  CRIMINAL-TECH

Senate Sponsors
Sen. John J. Cullerton - Emil Jones, Jr. - Don Harmon - Iris Y. Martinez

House Sponsors
(Rep. Harry Osterman - Calvin L. Giles - Eileen Lyons - Linda Chapa LaVia - Elizabeth Coulson, Kathleen A. Ryg, Kenneth Dunkin, Sara Feigenholtz, Robin Kelly, Karen May, Lou Lang, Arthur L. Turner, Karen A. Yarbrough, Larry McKeon, Monique D. Davis, Mary E. Flowers, Charles E. Jefferson, Marlow H. Colvin, James D. Brosnahan, Julie Hamos, Elaine Nekritz, Barbara Flynn Currie and Deborah L. Graham)

Last Action
DateChamber Action
  1/11/2005SenateSession Sine Die

Statutes Amended In Order of Appearance
725 ILCS 5/100-1from Ch. 38, par. 100-1


Synopsis As Introduced
Amends the Code of Criminal Procedure of 1963. Makes technical changes to the short title Section.

House Committee Amendment No. 1
Deletes reference to:
725 ILCS 5/100-1
Adds reference to:
430 ILCS 65/3.5 new

Deletes all. Amends the Firearm Owners Identification Card Act. Provides that a person who is not a federally licensed firearm dealer who desires to transfer a firearm while that person is on the grounds of a gun show must do so only through a federally licensed firearm dealer. Provides that the dealer must follow the procedure under the dial up provision of the Act as if the dealer were the seller of the firearm. Defines a gun show as a place where 25 or more firearms are offered or exhibited for sale, transfer, or exchange or where not less than 3 gun show vendors exhibit, sell, offer for sale, transfer, or exchange firearms.

House Floor Amendment No. 2
Deletes everything after the enacting clause. Amends the Firearm Owners Identification Card Act. Provides that a person, who is not a federally licensed firearm dealer, who desires to transfer or sell a firearm while that person is on the grounds of a gun show, must prior to the sale or transfer of the firearm: (1) request the Department of State Police to conduct a background check on the transferor and the prospective transferee of a firearm ; (2) provide certain information to the Department; and (3) receive an approval from the Department of State Police, that after a background check was conducted, nothing in the records accessed by the Department, shall prohibit based on State or federal law, the purchaser from purchasing or possessing a firearm. Provides that failure to comply with these requirements is a Class A misdemeanor. Provides that failure to comply with these requirements is a Class 2 felony if the person has 2 or more previous convictions for these violations.

 Pension Note (H-AM1, 2 & 3) (Pension Laws Commission)
 No fiscal impact.

House Floor Amendment No. 4
Provides that the Department of State Police fee for conducting a background check in connection with firearm sales at a gun show may not exceed $2. Changes a reference to "dealer" to "transferor". Deletes a provision specifying the information to be provided to the Department of State Police in connection with a background check if there is not a valid FOID card number.

 Pension Note (H-AM 2) (Pension Laws Commission)
 SB 947, as amended by HA #2, would not have a fiscal impact on any public pension fund or retirement system.

 Pension Note (H-AM 4) (Pension Laws Commission)
 SB 947, as amended by HA #4, would not have a fiscal impact on any public pension fund or retirement system.

 Judicial Note (H-AM 2) (Admin Office of the Illinois Courts)
 Senate Bill 947, as amended by HA #2, would neither increase nor decrease the number of judges in the State.

 Judicial Note (H-AM 4) (Admin Office of the Illinois Courts)
 Senate Bill 947, as amended by HA #4, would neither increase nor decrease the number of judges in the State.

 Fiscal Note (H-AM 2) (Illinois State Police)
 The total needed to start and operate a manual system to perform private transfers of firearms at gun shows would be $80,000 for the first year and $55,000 annually thereafter.

 Fiscal Note (H-AM 4) (Illinois State Police)
 The total needed to start and operate a manual system to perform private transfers of firearms at gun shows would be $80,000 for the first year and $55,000 annually thereafter.

 State Debt Impact Note (H-AM2) (Economic and Fiscal Commission)
 Would not affect the level of State indebtedness.

 State Debt Impact Note (H-AM4) (Economic and Fiscal Commission)
 Would not affect the level of State indebtedness.

 Housing Affordability Impact Note (H-AM2) (Housing Development Authority)
 No fiscal effect.

 Housing Affordability Impact Note (H-AM4) (Housing Development Authority)
 No fiscal effect.

 Correctional Note (H-AM 2) (Dept of Corrections)
 Because offenders convicted solely of misdemeanors cannot be admitted to the Department, there is no corrections population or fiscal impact on the Department for any misdemeanor violations. There were five inmates admitted for a Class 3 or Class 4 illegal firearms transaction-related felony during FY02, with an average sentence of 2.0 years. The average sentence imposed in FY02 for a Class 2 firearms violation was 3.8 years. Therefore, each inmate admitted to prison for a Class 2 violation under this amended legislation would serve an average of 18 months, with added operating costs of $32,481 and requiring the construction of one additional prison bed at the cost of $53,168.

 Correctional Note (H-AM 2) (Dept of Corrections)
 Senate Bill 947, as amended by HA #2, would have a minimal corrections population impact and fiscal impact. The changes in this legislation would have no impact on the Department.

 Home Rule Note (H-AM 2) (Dept of Commerce and Community Affairs)
 In the opinion of DCCA, HB 947 (HA #2) does not pre-empt home rule authority.

 State Mandates Fiscal Note (H-AM 2) (Dept of Commerce and Community Affairs)
 In the opinion of DCCA, SB 947 (HA #2) does not create a State Mandate under the State Mandates Act.

 Home Rule Note (H-AM 4) (Dept of Commerce and Community Affairs)
 In the opinion of DCCA, HB 947 (HA #4) does not pre-empt home rule authority.

 State Mandates Fiscal Note (H-AM 4) (Dept of Commerce and Community Affairs)
 In the opinion of DCCA, SB 947 (HA #4) does not create a State Mandate under the State Mandates Act.

Actions 
DateChamber Action
  2/19/2003SenateFiled with Secretary by Sen. John J. Cullerton
  2/19/2003SenateChief Co-Sponsor Sen. Emil Jones, Jr.
  2/19/2003SenateFirst Reading
  2/19/2003SenateReferred to Rules
  3/5/2003SenateAssigned to Executive
  3/13/2003SenateDo Pass Executive; 008-005-000
  3/13/2003SenatePlaced on Calendar Order of 2nd Reading March 18, 2003
  3/18/2003SenateSecond Reading
  3/18/2003SenatePlaced on Calendar Order of 3rd Reading ** March 19, 2003
  3/27/2003SenateVerified
  3/27/2003SenateThird Reading - Passed; 032-016-002
  3/27/2003HouseArrived in House
  3/27/2003HousePlaced on Calendar Order of First Reading
  3/27/2003HouseChief House Sponsor Rep. Michael J. Madigan
  3/27/2003HouseFirst Reading
  3/27/2003HouseReferred to Rules Committee
  3/31/2003HouseAssigned to Executive Committee
  4/14/2003HouseAlternate Chief Sponsor Changed to Rep. Harry Osterman
  4/15/2003HouseRe-assigned to Judiciary I - Civil Law Committee
  5/1/2003HouseHouse Committee Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
  5/1/2003HouseHouse Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  5/1/2003HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 011-007-000
  5/1/2003HousePlaced on Calendar 2nd Reading - Short Debate
  5/13/2003HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Harry Osterman
  5/13/2003HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  5/14/2003HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary I - Civil Law Committee
  5/16/2003HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary I - Civil Law Committee; 012-005-001
  5/16/2003HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Harry Osterman
  5/16/2003HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  5/16/2003HouseCommittee/3rd Reading Deadline Extended-Rule 9(b); May 23, 2003
  5/20/2003HousePension Note Filed as amended by House Amendments 1 and 2
  5/21/2003HouseHouse Floor Amendment No. 4 Filed with Clerk by Rep. Harry Osterman
  5/21/2003HouseHouse Floor Amendment No. 4 Referred to Rules Committee
  5/22/2003HouseAdded Alternate Co-Sponsor Rep. Calvin L. Giles
  5/22/2003HouseAdded Alternate Co-Sponsor Rep. Linda Chapa LaVia
  5/22/2003HouseAdded Alternate Co-Sponsor Rep. Eileen Lyons
  5/22/2003HouseAdded Alternate Co-Sponsor Rep. Elizabeth Coulson
  5/22/2003HouseAdded Alternate Co-Sponsor Rep. Kathleen A. Ryg
  5/22/2003HouseAdded Alternate Co-Sponsor Rep. Kenneth Dunkin
  5/22/2003HouseAdded Alternate Co-Sponsor Rep. Sara Feigenholtz
  5/22/2003HouseAdded Alternate Co-Sponsor Rep. Robin Kelly
  5/22/2003HouseAdded Alternate Co-Sponsor Rep. Karen May
  5/22/2003HouseAdded Alternate Co-Sponsor Rep. Lou Lang
  5/22/2003HouseAdded Alternate Co-Sponsor Rep. Arthur L. Turner
  5/22/2003HouseAdded Alternate Co-Sponsor Rep. Karen A. Yarbrough
  5/22/2003HouseAdded Alternate Co-Sponsor Rep. Larry McKeon
  5/22/2003HouseAdded Alternate Co-Sponsor Rep. Monique D. Davis
  5/22/2003HouseAdded Alternate Co-Sponsor Rep. Mary E. Flowers
  5/22/2003HouseAdded Alternate Co-Sponsor Rep. Charles E. Jefferson
  5/22/2003HouseAdded Alternate Co-Sponsor Rep. Marlow H. Colvin
  5/22/2003HouseAdded Alternate Co-Sponsor Rep. James D. Brosnahan
  5/22/2003HouseSponsor Removed Rep. Calvin L. Giles
  5/22/2003HouseSponsor Removed Rep. Linda Chapa LaVia
  5/22/2003HouseSponsor Removed Rep. Eileen Lyons
  5/22/2003HouseSponsor Removed Rep. Elizabeth Coulson
  5/23/2003HousePension Note Filed as amended by House Amendment No. 2
  5/23/2003HousePension Note Filed as amended by House Amendment No. 4
  5/23/2003HouseJudicial Note Filed as amended by House Amendment No. 2
  5/23/2003HouseJudicial Note Filed as amended by House Amendment No. 4
  5/23/2003HouseFiscal Note Filed as amended by House Amendment No. 2
  5/23/2003HouseFiscal Note Filed as amended by House Amendment No. 4
  5/23/2003HouseSecond Reading - Short Debate
  5/23/2003HouseHeld on Calendar Order of Second Reading - Short Debate
  5/23/2003HouseState Debt Impact Note Filed as amended by House Amendment No. 2
  5/23/2003HouseState Debt Impact Note Filed as amended by House Amendment No. 4
  5/23/2003HouseThird Reading/Final Action Deadline Extended-9(b) May 31, 2003
  5/27/2003HouseHousing Affordability Impact Note Filed as amended by House Amendment No. 2
  5/27/2003HouseHousing Affordability Impact Note Filed as amended by House Amendment No. 4
  5/27/2003HouseCorrectional Note Filed as amended by House Amendment No. 2
  5/27/2003HouseCorrectional Note Filed as amended by House Amendment No. 4
  5/27/2003HouseHouse Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 003-001-000
  5/27/2003HouseHouse Floor Amendment No. 4 Recommends Be Adopted Rules Committee; 003-000-000
  5/27/2003HouseState Mandates Fiscal Note Requested by Rep. Art Tenhouse; as amended by House Amendment No. 4
  5/27/2003HouseSecond Reading - Short Debate
  5/27/2003HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  5/27/2003HouseHouse Floor Amendment No. 3 Withdrawn by Rep. Harry Osterman
  5/27/2003HouseHouse Floor Amendment No. 4 Adopted by Voice Vote
  5/27/2003HouseHeld on Calendar Order of Second Reading - Short Debate
  5/27/2003HouseHome Rule Note Filed as amended by House Amendment No. 2
  5/27/2003HouseState Mandates Fiscal Note Filed as amended by House Amendment No. 2
  5/27/2003HouseHome Rule Note Filed as amended by House Amendment No. 4
  5/27/2003HouseState Mandates Fiscal Note Filed as amended by House Amendment No. 4
  5/28/2003HouseAdded Alternate Chief Co-Sponsor Rep. Julie Hamos
  5/28/2003HouseAdded Alternate Chief Co-Sponsor Rep. Elaine Nekritz
  5/28/2003HouseAdded Alternate Chief Co-Sponsor Rep. Barbara Flynn Currie
  5/28/2003HouseAdded Alternate Chief Co-Sponsor Rep. Deborah L. Graham
  5/28/2003HouseSecond Reading - Short Debate
  5/28/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/28/2003HouseThird Reading - Short Debate - Passed 060-051-004
  5/28/2003SenateSecretary's Desk - Concurrence House Amendment(s) 01,02,04
  5/28/2003SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01,02,04 - May 29, 2003.
  5/28/2003HouseAdded Alternate Chief Co-Sponsor Rep. Calvin L. Giles
  5/28/2003HouseAdded Alternate Chief Co-Sponsor Rep. Eileen Lyons
  5/28/2003HouseAdded Alternate Chief Co-Sponsor Rep. Linda Chapa LaVia
  5/28/2003HouseAdded Alternate Chief Co-Sponsor Rep. Elizabeth Coulson
  5/28/2003HouseAdded Alternate Co-Sponsor Rep. Julie Hamos
  5/28/2003HouseAdded Alternate Co-Sponsor Rep. Elaine Nekritz
  5/28/2003HouseAdded Alternate Co-Sponsor Rep. Barbara Flynn Currie
  5/28/2003HouseAdded Alternate Co-Sponsor Rep. Deborah L. Graham
  5/29/2003SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. John J. Cullerton
  5/29/2003SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Rules
  5/29/2003SenateHouse Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. John J. Cullerton
  5/29/2003SenateHouse Floor Amendment No. 2 Motion to Concur Referred to Rules
  5/29/2003SenateHouse Floor Amendment No. 4 Motion to Concur Filed with Secretary Sen. John J. Cullerton
  5/29/2003SenateHouse Floor Amendment No. 4 Motion to Concur Referred to Rules
  5/30/2003SenateHouse Committee Amendment No. 1 Motion to Concur Rules Referred to Health & Human Services
  5/30/2003SenateHouse Floor Amendment No. 2 Motion to Concur Rules Referred to Health & Human Services
  5/30/2003SenateHouse Floor Amendment No. 4 Motion to Concur Rules Referred to Health & Human Services
  5/30/2003SenateHouse Committee Amendment No. 1 Motion to Concur Be Adopted Health & Human Services; 007-001-002
  5/30/2003SenateHouse Floor Amendment No. 2 Motion to Concur Be Adopted Health & Human Services; 007-001-002
  5/30/2003SenateHouse Floor Amendment No. 4 Motion to Concur Be Adopted Health & Human Services; 007-001-002
  5/30/2003SenateAdded as Chief Co-Sponsor Sen. Don Harmon
  5/30/2003SenateAdded as Chief Co-Sponsor Sen. Iris Y. Martinez
  5/31/2003SenateCommittee/3rd Reading Deadline Extended-Rule 2-10, establish final deadline to December 31, 2003.
  7/1/2003SenatePursuant to Senate Rule 3-9(b) / Referred to Rules
  7/1/2003SenateHouse Committee Amendment No. 1 Motion to concur ha 01-referred to Senate rules, pursuant to rule 3-9(b).
  7/1/2003SenateHouse Floor Amendment No. 2 Motion to concur ha 02-referred to Senate rules, pursuant to rule 3-9(b).
  7/1/2003SenateHouse Floor Amendment No. 4 Motion to concur ha 04-referred to Senate rules, pursuant to rule 3-9(b).
  1/11/2005SenateSession Sine Die