Illinois General Assembly - Full Text of HB3661
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Full Text of HB3661  102nd General Assembly

HB3661 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3661

 

Introduced 2/22/2021, by Rep. Kelly M. Cassidy

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/8  from Ch. 38, par. 83-8
720 ILCS 5/8-4  from Ch. 38, par. 8-4

    Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police shall revoke for one year the Firearm Owner's Identification Card of a card holder who reports to the local law enforcement agency his or her firearms lost or stolen in 3 separate incidents within a 2-year period. Provides that any law enforcement agency that has knowledge that a card holder has reported his or her firearms lost or stolen in 3 separate incidents within a 2-year period shall forthwith forward that information to the Department of State Police. Provides that an "incident" means an occasion in which the card holder's firearm or firearms have been lost or stolen regardless of the number of firearms stolen in the incident and the report of the loss or theft of the firearm or firearms on one occasion shall be considered one incident. Provides that if a law enforcement agency recovers a firearm that had been lost or stolen and has not been previously reported as lost or stolen, the recovery of the firearm shall be considered an incident for the purpose of this provision. Amends the Criminal Code of 2012. Provides that the sentence for attempt to acquire a firearm by use of a revoked Firearm Owner's Identification Card is a Class 4 felony.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning firearms.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Section 8 as follows:
 
6    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
7    Sec. 8. Grounds for denial and revocation. The Department
8of State Police has authority to deny an application for or to
9revoke and seize a Firearm Owner's Identification Card
10previously issued under this Act only if the Department finds
11that the applicant or the person to whom such card was issued
12is or was at the time of issuance:
13        (a) A person under 21 years of age who has been
14    convicted of a misdemeanor other than a traffic offense or
15    adjudged delinquent;
16        (b) This subsection (b) applies through the 180th day
17    following the effective date of this amendatory Act of the
18    101st General Assembly. A person under 21 years of age who
19    does not have the written consent of his parent or
20    guardian to acquire and possess firearms and firearm
21    ammunition, or whose parent or guardian has revoked such
22    written consent, or where such parent or guardian does not
23    qualify to have a Firearm Owner's Identification Card;

 

 

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1        (b-5) This subsection (b-5) applies on and after the
2    181st day following the effective date of this amendatory
3    Act of the 101st General Assembly. A person under 21 years
4    of age who is not an active duty member of the United
5    States Armed Forces and does not have the written consent
6    of his or her parent or guardian to acquire and possess
7    firearms and firearm ammunition, or whose parent or
8    guardian has revoked such written consent, or where such
9    parent or guardian does not qualify to have a Firearm
10    Owner's Identification Card;
11        (c) A person convicted of a felony under the laws of
12    this or any other jurisdiction;
13        (d) A person addicted to narcotics;
14        (e) A person who has been a patient of a mental health
15    facility within the past 5 years or a person who has been a
16    patient in a mental health facility more than 5 years ago
17    who has not received the certification required under
18    subsection (u) of this Section. An active law enforcement
19    officer employed by a unit of government who is denied,
20    revoked, or has his or her Firearm Owner's Identification
21    Card seized under this subsection (e) may obtain relief as
22    described in subsection (c-5) of Section 10 of this Act if
23    the officer did not act in a manner threatening to the
24    officer, another person, or the public as determined by
25    the treating clinical psychologist or physician, and the
26    officer seeks mental health treatment;

 

 

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1        (f) A person whose mental condition is of such a
2    nature that it poses a clear and present danger to the
3    applicant, any other person or persons or the community;
4        (g) A person who has an intellectual disability;
5        (h) A person who intentionally makes a false statement
6    in the Firearm Owner's Identification Card application;
7        (i) An alien who is unlawfully present in the United
8    States under the laws of the United States;
9        (i-5) An alien who has been admitted to the United
10    States under a non-immigrant visa (as that term is defined
11    in Section 101(a)(26) of the Immigration and Nationality
12    Act (8 U.S.C. 1101(a)(26))), except that this subsection
13    (i-5) does not apply to any alien who has been lawfully
14    admitted to the United States under a non-immigrant visa
15    if that alien is:
16            (1) admitted to the United States for lawful
17        hunting or sporting purposes;
18            (2) an official representative of a foreign
19        government who is:
20                (A) accredited to the United States Government
21            or the Government's mission to an international
22            organization having its headquarters in the United
23            States; or
24                (B) en route to or from another country to
25            which that alien is accredited;
26            (3) an official of a foreign government or

 

 

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1        distinguished foreign visitor who has been so
2        designated by the Department of State;
3            (4) a foreign law enforcement officer of a
4        friendly foreign government entering the United States
5        on official business; or
6            (5) one who has received a waiver from the
7        Attorney General of the United States pursuant to 18
8        U.S.C. 922(y)(3);
9        (j) (Blank);
10        (k) A person who has been convicted within the past 5
11    years of battery, assault, aggravated assault, violation
12    of an order of protection, or a substantially similar
13    offense in another jurisdiction, in which a firearm was
14    used or possessed;
15        (l) A person who has been convicted of domestic
16    battery, aggravated domestic battery, or a substantially
17    similar offense in another jurisdiction committed before,
18    on or after January 1, 2012 (the effective date of Public
19    Act 97-158). If the applicant or person who has been
20    previously issued a Firearm Owner's Identification Card
21    under this Act knowingly and intelligently waives the
22    right to have an offense described in this paragraph (l)
23    tried by a jury, and by guilty plea or otherwise, results
24    in a conviction for an offense in which a domestic
25    relationship is not a required element of the offense but
26    in which a determination of the applicability of 18 U.S.C.

 

 

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1    922(g)(9) is made under Section 112A-11.1 of the Code of
2    Criminal Procedure of 1963, an entry by the court of a
3    judgment of conviction for that offense shall be grounds
4    for denying an application for and for revoking and
5    seizing a Firearm Owner's Identification Card previously
6    issued to the person under this Act;
7        (m) (Blank);
8        (n) A person who is prohibited from acquiring or
9    possessing firearms or firearm ammunition by any Illinois
10    State statute or by federal law;
11        (o) A minor subject to a petition filed under Section
12    5-520 of the Juvenile Court Act of 1987 alleging that the
13    minor is a delinquent minor for the commission of an
14    offense that if committed by an adult would be a felony;
15        (p) An adult who had been adjudicated a delinquent
16    minor under the Juvenile Court Act of 1987 for the
17    commission of an offense that if committed by an adult
18    would be a felony;
19        (q) A person who is not a resident of the State of
20    Illinois, except as provided in subsection (a-10) of
21    Section 4;
22        (r) A person who has been adjudicated as a person with
23    a mental disability;
24        (s) A person who has been found to have a
25    developmental disability;
26        (t) A person involuntarily admitted into a mental

 

 

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1    health facility; or
2        (u) A person who has had his or her Firearm Owner's
3    Identification Card revoked or denied under subsection (e)
4    of this Section or item (iv) of paragraph (2) of
5    subsection (a) of Section 4 of this Act because he or she
6    was a patient in a mental health facility as provided in
7    subsection (e) of this Section, shall not be permitted to
8    obtain a Firearm Owner's Identification Card, after the
9    5-year period has lapsed, unless he or she has received a
10    mental health evaluation by a physician, clinical
11    psychologist, or qualified examiner as those terms are
12    defined in the Mental Health and Developmental
13    Disabilities Code, and has received a certification that
14    he or she is not a clear and present danger to himself,
15    herself, or others. The physician, clinical psychologist,
16    or qualified examiner making the certification and his or
17    her employer shall not be held criminally, civilly, or
18    professionally liable for making or not making the
19    certification required under this subsection, except for
20    willful or wanton misconduct. This subsection does not
21    apply to a person whose firearm possession rights have
22    been restored through administrative or judicial action
23    under Section 10 or 11 of this Act.
24    The Department of State Police shall revoke for one year
25the Firearm Owner's Identification Card of a card holder who
26reports to a local law enforcement agency his or her firearms

 

 

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1lost or stolen in 3 separate incidents within a 2-year period.
2Any law enforcement agency that has knowledge that a card
3holder has reported his or her firearms lost or stolen in 3
4separate incidents within a 2-year period shall forthwith
5forward that information to the Department of State Police. In
6this paragraph, an "incident" means an occasion in which the
7card holder's firearm or firearms have been lost or stolen
8regardless of the number of firearms lost or stolen in the
9incident and the report of the loss or theft of the firearm or
10firearms on one occasion shall be considered one incident. If
11a law enforcement agency recovers a firearm that had been lost
12or stolen and has not been previously reported as lost or
13stolen, the recovery of the firearm shall be considered an
14incident for the purpose of this paragraph.
15    Upon revocation of a person's Firearm Owner's
16Identification Card, the Department of State Police shall
17provide notice to the person and the person shall comply with
18Section 9.5 of this Act.
19(Source: P.A. 101-80, eff. 7-12-19.)
 
20    Section 10. The Criminal Code of 2012 is amended by
21changing Section 8-4 as follows:
 
22    (720 ILCS 5/8-4)  (from Ch. 38, par. 8-4)
23    Sec. 8-4. Attempt.
24    (a) Elements of the offense.

 

 

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1    A person commits the offense of attempt when, with intent
2to commit a specific offense, he or she does any act that
3constitutes a substantial step toward the commission of that
4offense.
5    (b) Impossibility.
6    It is not a defense to a charge of attempt that because of
7a misapprehension of the circumstances it would have been
8impossible for the accused to commit the offense attempted.
9    (c) Sentence.
10    A person convicted of attempt may be fined or imprisoned
11or both not to exceed the maximum provided for the offense
12attempted but, except for an attempt to commit the offense
13defined in Section 33A-2 of this Code:
14        (1) the sentence for attempt to commit first degree
15    murder is the sentence for a Class X felony, except that
16            (A) an attempt to commit first degree murder when
17        at least one of the aggravating factors specified in
18        paragraphs (1), (2), and (12) of subsection (b) of
19        Section 9-1 is present is a Class X felony for which
20        the sentence shall be a term of imprisonment of not
21        less than 20 years and not more than 80 years;
22            (B) an attempt to commit first degree murder while
23        armed with a firearm is a Class X felony for which 15
24        years shall be added to the term of imprisonment
25        imposed by the court;
26            (C) an attempt to commit first degree murder

 

 

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1        during which the person personally discharged a
2        firearm is a Class X felony for which 20 years shall be
3        added to the term of imprisonment imposed by the
4        court;
5            (D) an attempt to commit first degree murder
6        during which the person personally discharged a
7        firearm that proximately caused great bodily harm,
8        permanent disability, permanent disfigurement, or
9        death to another person is a Class X felony for which
10        25 years or up to a term of natural life shall be added
11        to the term of imprisonment imposed by the court; and
12            (E) if the defendant proves by a preponderance of
13        the evidence at sentencing that, at the time of the
14        attempted murder, he or she was acting under a sudden
15        and intense passion resulting from serious provocation
16        by the individual whom the defendant endeavored to
17        kill, or another, and, had the individual the
18        defendant endeavored to kill died, the defendant would
19        have negligently or accidentally caused that death,
20        then the sentence for the attempted murder is the
21        sentence for a Class 1 felony;
22        (2) the sentence for attempt to commit a Class X
23    felony is the sentence for a Class 1 felony;
24        (3) the sentence for attempt to commit a Class 1
25    felony is the sentence for a Class 2 felony;
26        (4) the sentence for attempt to commit a Class 2

 

 

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1    felony is the sentence for a Class 3 felony; and
2        (4.1) the sentence for attempt to commit a violation
3    of paragraph (1) of subsection (a) of Section 2 of the
4    Firearm Owners Identification Card Act by use of a revoked
5    Firearm Owner's Identification Card is a Class 4 felony;
6    and
7        (5) the sentence for attempt to commit any felony
8    other than those specified in items (1), (2), (3), and
9    (4), and (4.1) of this subsection (c) is the sentence for a
10    Class A misdemeanor.
11(Source: P.A. 96-710, eff. 1-1-10.)