Rep. Robert F Martwick

Filed: 3/6/2013





09800HB1155ham035LRB098 08475 RLC 42340 a


2    AMENDMENT NO. ______. Amend House Bill 1155, AS AMENDED,
3with reference to page and line numbers of House Amendment No.
427, on page 6, by replacing line 3 with the following:
5"based on subsection (d) or (e) of this Section, or subsection
6(f) or (g) of Section 250-40 of this Act, the Department"; and
7on page 14, by inserting immediately below line 17 the
9    "(f) If a licensee is arrested, his or her license shall be
10suspended at the time of the arrest. The license shall only be
11reinstated after an administrative hearing under subsection
12(f) of Section 250-20 of this Act.
13    (g) Any person with personal knowledge of a change in
14conditions in the licensee's eligibility to possess a license
15may file a Petition for License Review with the Department. In
16the Petition for License Review, the petitioner must:
17        (1) affirmatively state that the petitioner knew the



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1    licensee at the time the license was issued or was renewed,
2    whichever is more recent; and
3        (2) affirmatively state that there has been a change in
4    conditions in the licensee's eligibility to possess a
5    license since the license was issued or was renewed,
6    whichever is more recent. The change in conditions may
7    include, but is not limited to: the licensee's abuse of
8    alcohol or illegal drugs; the licensee's exhibition of
9    signs of depression or suicide; the licensee's association
10    with a "streetgang", "gang", "organized gang", or
11    "criminal street gang"; or any other condition which may
12    show that the licensee poses a danger to the licensee's
13    self, another, or public safety, or would use a firearm
14    unlawfully.
15    After a petition is filed, the Department shall determine
16whether an administrative hearing is required. If the
17Department determines that a hearing is not necessary, then the
18petition shall be dismissed. If the Department determines that
19a hearing is necessary, then the Department shall notify the
20licensee of the petition filed against him or her, and the
21date, time, and location of the hearing. The hearing shall be
22in accordance with subsection (f) of Section 250-20 of this
23Act. The license shall not be suspended or revoked during the
24pendency of the petition, unless so authorized in another part
25of this Act. For purposes of this subsection, "streetgang",
26"gang", "organized gang", or "criminal street gang" have the



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1meanings ascribed to those terms in Section 10 of the Illinois
2Streetgang Terrorism Omnibus Prevention Act.".