Full Text of HB4529 94th General Assembly
HB4529eng 94TH GENERAL ASSEMBLY
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HB4529 Engrossed |
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LRB094 18501 RLC 53827 b |
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Firearm Owners Identification Card Act is | 5 |
| amended by changing Section 10 as follows:
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| (430 ILCS 65/10) (from Ch. 38, par. 83-10)
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| Sec. 10. (a) Whenever an application for a Firearm Owner's | 8 |
| Identification
Card is denied, whenever the Department fails to | 9 |
| act on an application
within 30 days of its receipt, or | 10 |
| whenever such a Card is revoked or seized
as provided for in | 11 |
| Section 8 of this Act, the aggrieved party may
appeal
to the | 12 |
| Director of the Department of State Police for a hearing upon
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| such denial, revocation or seizure, unless the denial, | 14 |
| revocation, or seizure
was based upon a forcible felony, | 15 |
| stalking, aggravated stalking, domestic
battery, any violation | 16 |
| of the Illinois Controlled Substances Act, the Methamphetamine | 17 |
| Control and Community Protection Act, or the
Cannabis Control | 18 |
| Act that is classified as a Class 2 or greater felony,
any
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| felony violation of Article 24 of the Criminal Code of 1961, or | 20 |
| any
adjudication as a delinquent minor for the commission of an
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| offense that if committed by an adult would be a felony, in | 22 |
| which case the
aggrieved party may petition the circuit court | 23 |
| in writing in the county of
his or her residence for a hearing | 24 |
| upon such denial, revocation, or seizure.
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| (a-5) When the Department of State Police fails to act upon | 26 |
| an application for a Firearm Owner's Identification
Card within | 27 |
| 30 days after receipt, or if the application was wrongfully | 28 |
| denied, the applicant may seek relief from the circuit court in | 29 |
| writing in the county of his or her residence. The applicant | 30 |
| shall be entitled to recover any costs, attorney's fees, | 31 |
| damages, and not less than $100 per day nor more than $500 per | 32 |
| day for every day past the 30th day in which the Department |
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HB4529 Engrossed |
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LRB094 18501 RLC 53827 b |
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| failed to act.
For the purposes of this Section, "receipt" | 2 |
| means whenever the Department or its agent takes possession of | 3 |
| the completed application and fee.
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| (b) At least 30 days before any hearing in the circuit | 5 |
| court, the
petitioner shall serve the
relevant State's Attorney | 6 |
| with a copy of the petition. The State's Attorney
may object to | 7 |
| the petition and present evidence. At the hearing the court
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| shall
determine whether substantial justice has been done. | 9 |
| Should the court
determine that substantial justice has not | 10 |
| been done, the court shall issue an
order directing the | 11 |
| Department of State Police to issue a Card.
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| (c) Any person prohibited from possessing a firearm under | 13 |
| Sections 24-1.1
or 24-3.1 of the Criminal Code of 1961 or | 14 |
| acquiring a Firearm Owner's
Identification Card under Section 8 | 15 |
| of this Act may apply to
the Director
of the Department of | 16 |
| State Police
or petition the circuit court in the county where | 17 |
| the petitioner resides,
whichever is applicable in accordance | 18 |
| with subsection (a) of this Section,
requesting relief
from | 19 |
| such prohibition and the Director or court may grant such | 20 |
| relief if it
is
established by the applicant to the court's or | 21 |
| Director's satisfaction
that:
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| (0.05) when in the circuit court, the State's Attorney | 23 |
| has been served
with a written
copy of the
petition at | 24 |
| least 30 days before any such hearing in the circuit court | 25 |
| and at
the hearing the
State's Attorney was afforded an | 26 |
| opportunity to present evidence and object to
the petition;
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| (1) the applicant has not been convicted of a forcible | 28 |
| felony under the
laws of this State or any other | 29 |
| jurisdiction within 20 years of the
applicant's | 30 |
| application for a Firearm Owner's Identification Card, or | 31 |
| at
least 20 years have passed since the end of any period | 32 |
| of imprisonment
imposed in relation to that conviction;
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| (2) the circumstances regarding a criminal conviction, | 34 |
| where applicable,
the applicant's criminal history and his | 35 |
| reputation are such that the applicant
will not be likely | 36 |
| to act in a manner dangerous to public safety; and
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| (3) granting relief would not be contrary to the public | 2 |
| interest.
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| (d) When a minor is adjudicated delinquent for an offense | 4 |
| which if
committed by an adult would be a felony, the court | 5 |
| shall notify the Department
of State Police.
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| (e) The court shall review the denial of an application or | 7 |
| the revocation of
a Firearm Owner's Identification Card of a | 8 |
| person who has been adjudicated
delinquent for an offense that | 9 |
| if
committed by an adult would be a felony if an
application | 10 |
| for relief has been filed at least 10 years after the | 11 |
| adjudication
of delinquency and the court determines that the | 12 |
| applicant should be
granted relief from disability to obtain a | 13 |
| Firearm Owner's Identification Card.
If the court grants | 14 |
| relief, the court shall notify the Department of State
Police | 15 |
| that the disability has
been removed and that the applicant is | 16 |
| eligible to obtain a Firearm Owner's
Identification Card.
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| (Source: P.A. 93-367, eff. 1-1-04; 94-556, eff. 9-11-05.)
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| Section 99. Effective date. This Act takes effect upon | 19 |
| becoming law.
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