HB1155ham035 98TH GENERAL ASSEMBLY

Rep. Robert F Martwick

Filed: 3/6/2013

09800HB1155ham035 LRB098 08475 RLC 42340 a

AMENDMENT TO HOUSE BILL 1155

AMENDMENT NO. ______. Amend House Bill 1155, AS AMENDED, with reference to page and line numbers of House Amendment No. 27, on page 6, by replacing line 3 with the following: "based on subsection (d) or (e) of this Section, or subsection (f) or (g) of Section 250-40 of this Act, the Department"; and

on page 14, by inserting immediately below line 17 the following:

"(f) If a licensee is arrested, his or her license shall be suspended at the time of the arrest. The license shall only be reinstated after an administrative hearing under subsection (f) of Section 250-20 of this Act.

(g) Any person with personal knowledge of a change in conditions in the licensee's eligibility to possess a license may file a Petition for License Review with the Department. In the Petition for License Review, the petitioner must:

(1) affirmatively state that the petitioner knew the licensee at the time the license was issued or was renewed, whichever is more recent; and

(2) affirmatively state that there has been a change in conditions in the licensee's eligibility to possess a license since the license was issued or was renewed, whichever is more recent. The change in conditions may include, but is not limited to: the licensee's abuse of alcohol or illegal drugs; the licensee's exhibition of signs of depression or suicide; the licensee's association with a "streetgang", "gang", "organized gang", or "criminal street gang"; or any other condition which may show that the licensee poses a danger to the licensee's self, another, or public safety, or would use a firearm unlawfully.

After a petition is filed, the Department shall determine whether an administrative hearing is required. If the Department determines that a hearing is not necessary, then the petition shall be dismissed. If the Department determines that a hearing is necessary, then the Department shall notify the licensee of the petition filed against him or her, and the date, time, and location of the hearing. The hearing shall be in accordance with subsection (f) of Section 250-20 of this Act. The license shall not be suspended or revoked during the pendency of the petition, unless so authorized in another part of this Act. For purposes of this subsection, "streetgang", "gang", "organized gang", or "criminal street gang" have the meanings ascribed to those terms in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.".