Full Text of SB0715 101st General Assembly
SB0715sam001 101ST GENERAL ASSEMBLY | Sen. Bill Cunningham Filed: 3/14/2019
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| 1 | | AMENDMENT TO SENATE BILL 715
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 715 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Finance Act is amended by adding | 5 | | Section 5.891 as follows: | 6 | | (30 ILCS 105/5.891 new) | 7 | | Sec. 5.891. The Revocation Enforcement Group Services | 8 | | Fund. | 9 | | Section 10. The Firearm Owners Identification Card Act is | 10 | | amended by changing Sections 5, 9, and 9.5 as follows:
| 11 | | (430 ILCS 65/5) (from Ch. 38, par. 83-5)
| 12 | | Sec. 5. Application and renewal. | 13 | | (a) The Department of State Police shall either approve or
| 14 | | deny all applications within 30 days from the date they are |
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| 1 | | received,
except as provided in subsection (b) of this Section, | 2 | | and every applicant found qualified under Section 8 of this Act | 3 | | by
the Department shall be entitled to a Firearm Owner's | 4 | | Identification
Card upon the payment of a $15 $10 fee. Any | 5 | | applicant who is an active duty member of the Armed Forces of | 6 | | the United States, a member of the Illinois National Guard, or | 7 | | a member of the Reserve Forces of the United States is exempt | 8 | | from the application fee. $6 of each fee derived from the
| 9 | | issuance of Firearm Owner's Identification Cards, or renewals | 10 | | thereof,
shall be deposited in the Wildlife and Fish Fund in | 11 | | the State Treasury;
$5 of the fee shall be deposited into the | 12 | | Revocation Enforcement Group Services Fund; $1 of the fee shall | 13 | | be deposited in the State Police Services Fund ; and $3 of the | 14 | | fee shall be deposited in the
State Police Firearm Services | 15 | | Fund. | 16 | | (b) Renewal applications shall be approved or denied within | 17 | | 60 business days, provided the applicant submitted his or her | 18 | | renewal application prior to the expiration of his or her | 19 | | Firearm Owner's Identification Card. If a renewal application | 20 | | has been submitted prior to the expiration date of the | 21 | | applicant's Firearm Owner's Identification Card, the Firearm | 22 | | Owner's Identification Card shall remain valid while the | 23 | | Department processes the application, unless the person is | 24 | | subject to or becomes subject to revocation under this Act. The | 25 | | cost for a renewal application shall be $10 which shall be | 26 | | deposited into the State Police Firearm Services Fund.
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| 1 | | (Source: P.A. 100-906, eff. 1-1-19 .)
| 2 | | (430 ILCS 65/9) (from Ch. 38, par. 83-9)
| 3 | | Sec. 9.
| 4 | | (a) Every person whose application for a Firearm Owner's | 5 | | Identification
Card is denied, and every holder of such a Card | 6 | | whose Card is revoked
or seized, shall receive a written notice | 7 | | from the Department of State
Police stating specifically the | 8 | | grounds upon which
his application has
been denied or upon | 9 | | which his Identification Card has been revoked. The written | 10 | | notice shall include the requirements of Section 9.5 of this | 11 | | Act and the person's right to administrative or judicial review | 12 | | under Section 10 and 11 of this Act. | 13 | | (b) A copy of the written notice shall be provided to the | 14 | | sheriff and law enforcement agency where the person resides as | 15 | | soon as practicable but in no event later than 24 hours | 16 | | following the revocation . The notice shall be provided | 17 | | electronically and shall include every inquiry made by a | 18 | | federally licensed firearm dealer, gun show promoter, or gun | 19 | | show vendor on behalf of the revoked person under Section 3.1. | 20 | | The information provided shall include the unique | 21 | | identification number assigned under paragraph (1) of | 22 | | subsection (c) of Section 3.1.
| 23 | | (Source: P.A. 100-201, eff. 8-18-17.)
| 24 | | (430 ILCS 65/9.5) |
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| 1 | | Sec. 9.5. Revocation of Firearm Owner's Identification
| 2 | | Card and establishment of Revocation Enforcement Groups . | 3 | | (a) A person who receives a revocation notice under Section | 4 | | 9 of this Act shall, within 48 hours of receiving notice of the | 5 | | revocation: | 6 | | (1) surrender his or her Firearm Owner's | 7 | | Identification Card to the local law enforcement agency | 8 | | where the person resides. The local law enforcement agency | 9 | | shall provide the person a receipt and transmit the Firearm | 10 | | Owner's Identification Card to the Department of State | 11 | | Police; and | 12 | | (2) complete a Firearm Disposition Record on a form | 13 | | prescribed by the Department of State Police and place his | 14 | | or her firearms in the location or with the person reported | 15 | | in the Firearm Disposition Record. The form shall require | 16 | | the person to disclose: | 17 | | (A) the make, model, and serial number of each | 18 | | firearm owned by or under the custody and control of | 19 | | the revoked person; | 20 | | (B) the location where each firearm will be | 21 | | maintained during the prohibited term; and | 22 | | (C) if any firearm will be transferred to the | 23 | | custody of another person, the name, address and | 24 | | Firearm Owner's Identification Card number of the | 25 | | transferee. | 26 | | (b) The local law enforcement agency shall provide a copy |
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| 1 | | of the Firearm Disposition Record to the person whose Firearm | 2 | | Owner's Identification Card has been revoked and to the | 3 | | Department of State Police. | 4 | | (c) If the person whose Firearm Owner's Identification Card | 5 | | has been revoked fails to comply with the requirements of this | 6 | | Section, the sheriff or law enforcement agency where the person | 7 | | resides may petition the circuit court to issue a warrant to | 8 | | search for and seize the Firearm Owner's Identification Card | 9 | | and firearms in the possession or under the custody or control | 10 | | of the person whose Firearm Owner's Identification Card has | 11 | | been revoked. | 12 | | (d) A violation of subsection (a) of this Section is a | 13 | | Class 4 felony A misdemeanor . | 14 | | (e) The observation of a Firearm Owner's Identification | 15 | | Card in the possession of a person whose Firearm Owner's | 16 | | Identification Card has been revoked constitutes a sufficient | 17 | | basis for the arrest of that person for violation of this | 18 | | Section. | 19 | | (f) Within 30 days after the effective date of this | 20 | | amendatory Act of the 98th General Assembly, the Department of | 21 | | State Police shall provide written notice of the requirements | 22 | | of this Section to persons whose Firearm Owner's Identification | 23 | | Cards have been revoked, suspended, or expired and who have | 24 | | failed to surrender their cards to the Department. | 25 | | (g) A person whose Firearm Owner's Identification Card has | 26 | | been revoked and who received notice under subsection (f) shall |
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| 1 | | comply with the requirements of this Section within 48 hours of | 2 | | receiving notice.
| 3 | | (h) The Sheriff may convene Revocation Enforcement Groups | 4 | | to seize and recover the Firearm Owner's Identification Cards | 5 | | of revoked persons and to enforce compliance with the | 6 | | requirements of this subsection (h). Revocation Enforcement | 7 | | Groups may include, but shall not be limited to, | 8 | | representatives from the Department of State Police, county | 9 | | sheriff's office, local law enforcement agency wherein the | 10 | | revoked person resides, and a representative from the States | 11 | | Attorney's office from the county in which the revoked person | 12 | | resides. The Revocation Enforcement Group Services Fund is | 13 | | created as a special fund in the State treasury to implement | 14 | | this subsection (h). | 15 | | (Source: P.A. 98-63, eff. 7-9-13.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.".
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