Illinois General Assembly - Full Text of HB1155
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Full Text of HB1155  98th General Assembly

HB1155ham042 98TH GENERAL ASSEMBLY

Rep. Edward J. Acevedo

Filed: 3/12/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1155

2    AMENDMENT NO. ______. Amend House Bill 1155, AS AMENDED, by
3inserting the following in its proper numeric sequence:
 
4    "Section 825. 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    (Text of Section before amendment by P.A. 97-1167)
8    Sec. 8. Grounds for denial and revocation.
9    (A) The Department of State Police has authority to deny an
10application for or to revoke and seize a Firearm Owner's
11Identification Card previously issued under this Act only if
12the Department finds that the applicant or the person to whom
13such card was issued is or was at the time of issuance:
14    (a) A person under 21 years of age who has been convicted
15of a misdemeanor other than a traffic offense or adjudged
16delinquent;

 

 

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1    (b) A person under 21 years of age who does not have the
2written consent of his parent or guardian to acquire and
3possess firearms and firearm ammunition, or whose parent or
4guardian has revoked such written consent, or where such parent
5or guardian does not qualify to have a Firearm Owner's
6Identification Card;
7    (c) A person convicted of a felony under the laws of this
8or any other jurisdiction;
9    (d) A person addicted to narcotics;
10    (e) A person who has been a patient of a mental institution
11within the past 5 years or has been adjudicated as a mental
12defective;
13    (f) A person whose mental condition is of such a nature
14that it poses a clear and present danger to the applicant, any
15other person or persons or the community;
16    For the purposes of this Section, "mental condition" means
17a state of mind manifested by violent, suicidal, threatening or
18assaultive behavior.
19    (g) A person who is intellectually disabled;
20    (h) A person who intentionally makes a false statement in
21the Firearm Owner's Identification Card application;
22    (i) An alien who is unlawfully present in the United States
23under the laws of the United States;
24    (i-5) An alien who has been admitted to the United States
25under a non-immigrant visa (as that term is defined in Section
26101(a)(26) of the Immigration and Nationality Act (8 U.S.C.

 

 

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11101(a)(26))), except that this subsection (i-5) does not apply
2to any alien who has been lawfully admitted to the United
3States under a non-immigrant visa if that alien is:
4        (1) admitted to the United States for lawful hunting or
5    sporting purposes;
6        (2) an official representative of a foreign government
7    who is:
8            (A) accredited to the United States Government or
9        the Government's mission to an international
10        organization having its headquarters in the United
11        States; or
12            (B) en route to or from another country to which
13        that alien is accredited;
14        (3) an official of a foreign government or
15    distinguished foreign visitor who has been so designated by
16    the Department of State;
17        (4) a foreign law enforcement officer of a friendly
18    foreign government entering the United States on official
19    business; or
20        (5) one who has received a waiver from the Attorney
21    General of the United States pursuant to 18 U.S.C.
22    922(y)(3);
23    (j) (Blank);
24    (k) A person who has been convicted within the past 5 years
25of battery, assault, aggravated assault, violation of an order
26of protection, or a substantially similar offense in another

 

 

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1jurisdiction, in which a firearm was used or possessed;
2    (l) A person who has been convicted of domestic battery,
3aggravated domestic battery, or a substantially similar
4offense in another jurisdiction committed before, on or after
5January 1, 2012 (the effective date of Public Act 97-158). If
6the applicant or person who has been previously issued a
7Firearm Owner's Identification Card under this Act knowingly
8and intelligently waives the right to have an offense described
9in this paragraph (l) tried by a jury, and by guilty plea or
10otherwise, results in a conviction for an offense in which a
11domestic relationship is not a required element of the offense
12but in which a determination of the applicability of 18 U.S.C.
13922(g)(9) is made under Section 112A-11.1 of the Code of
14Criminal Procedure of 1963, an entry by the court of a judgment
15of conviction for that offense shall be grounds for denying an
16application for and for revoking and seizing a Firearm Owner's
17Identification Card previously issued to the person under this
18Act;
19    (m) (Blank);
20    (n) A person who is prohibited from acquiring or possessing
21firearms or firearm ammunition by any Illinois State statute or
22by federal law;
23    (o) A minor subject to a petition filed under Section 5-520
24of the Juvenile Court Act of 1987 alleging that the minor is a
25delinquent minor for the commission of an offense that if
26committed by an adult would be a felony;

 

 

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1    (p) An adult who had been adjudicated a delinquent minor
2under the Juvenile Court Act of 1987 for the commission of an
3offense that if committed by an adult would be a felony; or
4    (q) A person who is not a resident of the State of
5Illinois, except as provided in subsection (a-10) of Section 4.
6    (B) The Department of State Police may revoke and seize a
7Firearm Owner's Identification Card previously issued under
8this Act of a person who fails to report the loss or theft of a
9firearm a second time to the local law enforcement agency
10within 72 hours after obtaining knowledge of the second loss or
11theft.
12(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
13eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
 
14    (Text of Section after amendment by P.A. 97-1167)
15    Sec. 8. Grounds for denial and revocation.
16    (A) The Department of State Police has authority to deny an
17application for or to revoke and seize a Firearm Owner's
18Identification Card previously issued under this Act only if
19the Department finds that the applicant or the person to whom
20such card was issued is or was at the time of issuance:
21    (a) A person under 21 years of age who has been convicted
22of a misdemeanor other than a traffic offense or adjudged
23delinquent;
24    (b) A person under 21 years of age who does not have the
25written consent of his parent or guardian to acquire and

 

 

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1possess firearms and firearm ammunition, or whose parent or
2guardian has revoked such written consent, or where such parent
3or guardian does not qualify to have a Firearm Owner's
4Identification Card;
5    (c) A person convicted of a felony under the laws of this
6or any other jurisdiction;
7    (d) A person addicted to narcotics;
8    (e) A person who has been a patient of a mental institution
9within the past 5 years. An active law enforcement officer
10employed by a unit of government who is denied, revoked, or has
11his or her Firearm Owner's Identification Card seized under
12this subsection (e) may obtain relief as described in
13subsection (c-5) of Section 10 of this Act if the officer did
14not act in a manner threatening to the officer, another person,
15or the public as determined by the treating clinical
16psychologist or physician, and the officer seeks mental health
17treatment;
18    (f) A person whose mental condition is of such a nature
19that it poses a clear and present danger to the applicant, any
20other person or persons or the community;
21    For the purposes of this Section, "mental condition" means
22a state of mind manifested by violent, suicidal, threatening or
23assaultive behavior.
24    (g) A person who is intellectually disabled;
25    (h) A person who intentionally makes a false statement in
26the Firearm Owner's Identification Card application;

 

 

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1    (i) An alien who is unlawfully present in the United States
2under the laws of the United States;
3    (i-5) An alien who has been admitted to the United States
4under a non-immigrant visa (as that term is defined in Section
5101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
61101(a)(26))), except that this subsection (i-5) does not apply
7to any alien who has been lawfully admitted to the United
8States under a non-immigrant visa if that alien is:
9        (1) admitted to the United States for lawful hunting or
10    sporting purposes;
11        (2) an official representative of a foreign government
12    who is:
13            (A) accredited to the United States Government or
14        the Government's mission to an international
15        organization having its headquarters in the United
16        States; or
17            (B) en route to or from another country to which
18        that alien is accredited;
19        (3) an official of a foreign government or
20    distinguished foreign visitor who has been so designated by
21    the Department of State;
22        (4) a foreign law enforcement officer of a friendly
23    foreign government entering the United States on official
24    business; or
25        (5) one who has received a waiver from the Attorney
26    General of the United States pursuant to 18 U.S.C.

 

 

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1    922(y)(3);
2    (j) (Blank);
3    (k) A person who has been convicted within the past 5 years
4of battery, assault, aggravated assault, violation of an order
5of protection, or a substantially similar offense in another
6jurisdiction, in which a firearm was used or possessed;
7    (l) A person who has been convicted of domestic battery,
8aggravated domestic battery, or a substantially similar
9offense in another jurisdiction committed before, on or after
10January 1, 2012 (the effective date of Public Act 97-158). If
11the applicant or person who has been previously issued a
12Firearm Owner's Identification Card under this Act knowingly
13and intelligently waives the right to have an offense described
14in this paragraph (l) tried by a jury, and by guilty plea or
15otherwise, results in a conviction for an offense in which a
16domestic relationship is not a required element of the offense
17but in which a determination of the applicability of 18 U.S.C.
18922(g)(9) is made under Section 112A-11.1 of the Code of
19Criminal Procedure of 1963, an entry by the court of a judgment
20of conviction for that offense shall be grounds for denying an
21application for and for revoking and seizing a Firearm Owner's
22Identification Card previously issued to the person under this
23Act;
24    (m) (Blank);
25    (n) A person who is prohibited from acquiring or possessing
26firearms or firearm ammunition by any Illinois State statute or

 

 

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1by federal law;
2    (o) A minor subject to a petition filed under Section 5-520
3of the Juvenile Court Act of 1987 alleging that the minor is a
4delinquent minor for the commission of an offense that if
5committed by an adult would be a felony;
6    (p) An adult who had been adjudicated a delinquent minor
7under the Juvenile Court Act of 1987 for the commission of an
8offense that if committed by an adult would be a felony;
9    (q) A person who is not a resident of the State of
10Illinois, except as provided in subsection (a-10) of Section 4;
11or
12    (r) A person who has been adjudicated as a mental
13defective.
14    (B) The Department of State Police may revoke and seize a
15Firearm Owner's Identification Card previously issued under
16this Act of a person who fails to report the loss or theft of a
17firearm a second time to the local law enforcement agency
18within 72 hours after obtaining knowledge of the second loss or
19theft.
20(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
21eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13;
2297-1167, eff. 6-1-13.)
 
23    Section 826. The Criminal Code of 2012 is amended by adding
24Section 24-4.1 as follows:
 

 

 

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1    (720 ILCS 5/24-4.1 new)
2    Sec. 24-4.1. Report of lost or stolen firearms.
3    (a) If a person who possesses a valid Firearm Owner's
4Identification Card and who possesses or acquires a firearm
5thereafter loses or misplaces the firearm, or if the firearm is
6stolen from the person, the person must report the loss or
7theft to the local law enforcement agency within 72 hours after
8obtaining knowledge of the loss or theft.
9    (b) Sentence. A person who violates this Section is guilty
10of a petty offense for a first violation. A second or
11subsequent violation of this Section is a Class A misdemeanor.
 
12    Section 827. No acceleration or delay. Where this Act makes
13changes in a statute that is represented in this Act by text
14that is not yet or no longer in effect (for example, a Section
15represented by multiple versions), the use of that text does
16not accelerate or delay the taking effect of (i) the changes
17made by this Act or (ii) provisions derived from any other
18Public Act.".