Full Text of SB0549 99th General Assembly
SB0549sam001 99TH GENERAL ASSEMBLY | Sen. Julie A. Morrison Filed: 4/11/2016
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| 1 | | AMENDMENT TO SENATE BILL 549
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 549 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Firearm Owners Identification Card Act is | 5 | | amended by changing Section 3.3 as follows: | 6 | | (430 ILCS 65/3.3)
| 7 | | Sec. 3.3. Report to the local law enforcement agency . | 8 | | (a) If
the Department of State Police determines, based on | 9 | | information obtained under
subsection (a-10) of Section 3 or | 10 | | Section 3.1 of this Act, that a
person attempting to purchase a | 11 | | firearm or applying for a Firearm Owner's Identification
Card | 12 | | is disqualified from possessing a firearm under State or | 13 | | federal law, the Department of
State Police shall send | 14 | | notification of denial as described in this Section to all | 15 | | local law
enforcement agencies, State's Attorneys, and United | 16 | | States Attorneys who have
jurisdiction over either:
(A) the |
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| 1 | | area where the attempted purchase occurred; or
(B) the area | 2 | | where the attempted purchaser or applicant resides. | 3 | | (a-5) If the Department of State Police determines that a | 4 | | person attempting to
purchase a firearm or applying for a | 5 | | Firearm Owner's Identification Card is disqualified from | 6 | | possessing a firearm under State or federal law, and that the | 7 | | person is on probation, conditional discharge, parole, | 8 | | aftercare release, or mandatory supervised release, the | 9 | | Department of State Police shall send notification of denial as | 10 | | described in
this Section to the person's probation, parole, or | 11 | | aftercare release officer. | 12 | | (b) The notification under subsection (a) of this Section | 13 | | shall include the identity of the
attempted purchaser or | 14 | | applicant, the date and time of the denial, the grounds for the
| 15 | | denial, and the location where the attempted purchase or | 16 | | application was made. | 17 | | (c) The Department of State Police shall make the | 18 | | notification under subsection (a) of this Section within 24 | 19 | | hours after the denial, except that, if the notification would | 20 | | compromise an
ongoing investigation, the notification may be | 21 | | delayed for so long as necessary to avoid
compromising the | 22 | | ongoing investigation. | 23 | | (d) A local law enforcement agency that receives one or | 24 | | more of the notifications
under subsection (a) of this Section | 25 | | shall, on an annual basis, make a written report to the
| 26 | | Department of State Police, including the following |
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| 1 | | information for each notification
received in that period: | 2 | | (1) whether the denial is the subject of an active or | 3 | | completed investigation; | 4 | | (2) the status of any open investigation and the | 5 | | disposition of any completed
investigation arising from | 6 | | the denial, including without limitation whether the | 7 | | attempted
purchaser or applicant was arrested, referred | 8 | | for prosecution, or convicted of a crime
in connection with | 9 | | the denial; | 10 | | (3) if the denial did not give rise to an | 11 | | investigation, an explanation of why no
investigation | 12 | | occurred; and | 13 | | (4) any other information the local law enforcement | 14 | | agency deems relevant to the
denial. | 15 | | (e) A State's Attorney who receives one or more of the | 16 | | notifications under subsection (a) of this Section shall, on an | 17 | | annual basis, make a written report to the Department of State
| 18 | | Police, including the following information for each | 19 | | notification received in that period: | 20 | | (1) whether the denial is the subject of an active or | 21 | | completed investigation; | 22 | | (2) whether the attempted purchaser or applicant has | 23 | | been arrested or
charged with violating Section 24-3.5 of | 24 | | the Criminal Code of 2012, subsection (d-5) of Section 14 | 25 | | of this Act, or any other provision of State law, in | 26 | | connection with the denial and, if so, a
description of the |
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| 1 | | charge or charges; | 2 | | (3) the disposition of every charge filed against the | 3 | | attempted purchaser or
applicant in connection with the | 4 | | denial; | 5 | | (4) if the denial did not give rise to a criminal | 6 | | charge, an explanation of why no
charge was filed; and | 7 | | (5) any other information the State's Attorney deems | 8 | | relevant to the denial. | 9 | | (f) The Department of State Police shall publish a written | 10 | | report, on an annual basis,
including the following | 11 | | information: | 12 | | (1) the number of denials of firearm transfers; | 13 | | (2) the number of denials of applications for Firearm | 14 | | Owner's Identification
Cards; | 15 | | (3) the number of notifications of denial made to State | 16 | | law enforcement agencies,
local law enforcement agencies, | 17 | | State's Attorneys, and United States Attorneys under | 18 | | subsection (a) of this Section; | 19 | | (4) if notification was not made for any denials, an | 20 | | explanation of why the
notification was not made; | 21 | | (5) the number of investigations opened, the number of | 22 | | investigations concluded,
and the number of referrals for | 23 | | prosecution; | 24 | | (6) the number of investigations opened, by grounds for | 25 | | denial; | 26 | | (7) the number of referrals for prosecution, by grounds |
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| 1 | | for denial; | 2 | | (8) the number of charges arising from denials, by type | 3 | | of charge and grounds for
denial; and | 4 | | (9) the disposition of all these charges, by type of | 5 | | charge and grounds for denial. The Department of
State | 6 | | Police must report the name and address
of a person to the | 7 | | local law enforcement agency where the person resides if | 8 | | the
person attempting to purchase a firearm is disqualified | 9 | | from purchasing a
firearm because of information obtained
| 10 | | under subsection (a-10) of Section 3 or Section 3.1 that | 11 | | would disqualify the person from obtaining a Firearm | 12 | | Owner's Identification Card under any of subsections (c) | 13 | | through (n) of Section 8 of this Act.
| 14 | | (Source: P.A. 98-508, eff. 8-19-13.)".
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