Illinois General Assembly - Bill Status for HB1468

Recommends making the following additions and changes to the bill: Creates the Gun Violence Restraining Order Act. Provides that a court may issue an emergency gun violence restraining order based on facts sufficient to show probable cause that a person poses an imminent danger of causing death or serious bodily injury to himself, herself, or any other person, the person possesses or has ready access to one or more firearms, and less restrictive alternatives have been tried and found to be ineffective or would be inadequate or inappropriate. Provides that the order shall prohibit the person from possessing, controlling, purchasing, receiving, or attempting to possess, control, purchase, or receive a firearm or firearm ammunition. Provides for the expiration of an emergency gun violence restraining order and for the issuance of a gun violence restraining order under specified circumstances. Contains provisions regarding: factors to be used in determining whether grounds exist to issue an order; frivolous and vexatious complaints; attorney's fees and court costs; notices; hearings; gun violence prevention search warrants; disposition of firearms; suspension of a Firearm Owner's Identification Card and concealed carry license; military and police firearms and personnel; penalties for violation of orders; and other matters. Creates the Gun Crime Charging and Sentencing Accountability and Transparency Act. Provides that, if a defendant is charged with an offense involving the illegal use or possession of a firearm and enters into a plea agreement to reduce the charge to a lesser offense or a non-weapons offense, the State's Attorney shall file with the court a written statement of the reasons in support of the plea agreement. Provides that, if the original charge involved the illegal use or possession of a firearm and a defendant pleads guilty or is found guilty of the original charge or a lesser offense or a non-weapons offense, the court shall set forth in a written sentencing order the reasons for imposing the sentence or accepting the plea agreement. Amends the Counties Code. Authorizes submitting to the voters the question of imposing or increasing a retailers' occupation tax and a service occupation tax to be used for school resource officers and mental health professionals or the use of an existing tax for those purposes. Amends the Criminal Code of 2012. Provides that a person at least 18 years of age commits the offense of death penalty murder, for which the death penalty shall be imposed except as otherwise specified, if the person purposely causes the death of 2 or more persons without lawful justification or causes the death of a peace officer performing his or her official duties under specified circumstances. Contains provisions regarding: mitigating circumstances; standards for imposing the death sentence; and other matters. Provides that a person may not knowingly sell, manufacture, purchase, possess, or carry a bump stock or trigger crank. Establishes penalties. Establishes a waiting period for the delivery of a firearm of 72 hours after application for its purchase. Amends the Firearm Owners Identification Card Act, the Code of Criminal Procedure of 1963, and the Unified Code of Corrections to make conforming changes. Repeals the Firearm Seizure Act. Contains other provisions. Effective immediately. (Adds reference to: New Act; 55 ILCS 5/5-1006.7; 430 ILCS 65/8.5 new; 430 ILCS 66/42 new; 720 ILCS 5/4-4.5 new; 720 ILCS 5/5-1; 720 ILCS 5/5-2.5 new; 720 ILCS 5/9-1.5 new; 720 ILCS 5/24-1; 725 ILCS 5/114-15; 725 ILCS 5/119-1; 725 ILCS 5/122-2.2; 725 ILCS 165/Act rep.; 730 ILCS 5/5-4.5-10; 730 ILCS 5/5-4.5-20.5 new)

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