Full Text of HB1062 103rd General Assembly
HB1062 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB1062 Introduced 1/12/2023, by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED: |
| 430 ILCS 65/8 | from Ch. 38, par. 83-8 | 720 ILCS 5/24-4.1 | |
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Amends the Criminal Code of 2012. Requires the revocation of the Firearm Owner's Identification Card of a person convicted of a third or subsequent violation of provisions requiring a person who possesses or acquires a firearm and thereafter loses the firearm, or if the firearm is stolen from the person, to report the loss or theft to the local law enforcement agency within 72 hours after obtaining knowledge of the loss or theft. Amends the Firearm Owners Identification Card Act to make conforming changes. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Firearm Owners Identification Card Act is | 5 | | amended 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 Illinois | 8 | | State Police has authority to deny an
application for or to | 9 | | revoke and seize a Firearm Owner's Identification
Card | 10 | | previously issued under this Act only if the Illinois State | 11 | | Police finds that the
applicant or the person to whom such card | 12 | | was issued is 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 July 12, 2019 (the effective date of Public Act | 18 | | 101-80). A person under 21 years of age who does not have | 19 | | the written consent
of his parent or guardian to acquire | 20 | | and possess firearms and firearm
ammunition, or whose | 21 | | parent or guardian has revoked such written consent,
or | 22 | | where such parent or guardian does not qualify to have a | 23 | | 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 July 12, 2019 (the effective date of | 3 | | Public Act 101-80). A person under 21 years of age who is | 4 | | not an active duty member of the United States Armed | 5 | | Forces and does not have the written consent
of his or her | 6 | | parent or guardian to acquire and possess firearms and | 7 | | firearm
ammunition, or whose parent or guardian has | 8 | | revoked such written consent,
or where such parent or | 9 | | guardian does not qualify to have a Firearm Owner's
| 10 | | 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 or a Department | 20 | | of Corrections employee authorized to possess firearms who | 21 | | is denied, revoked, or has his or her Firearm Owner's | 22 | | Identification Card seized under this subsection (e) may | 23 | | obtain relief as described in subsection (c-5) of Section | 24 | | 10 of this Act if the officer or employee did not act in a | 25 | | manner threatening to the officer or employee, another | 26 | | person, or the public as determined by the treating |
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| 1 | | clinical psychologist or physician, and the officer or | 2 | | employee seeks mental health treatment;
| 3 | | (f) A person whose mental condition is of such a | 4 | | nature that it poses
a clear and present danger to the | 5 | | applicant, any other person or persons, or
the community;
| 6 | | (g) A person who has an intellectual disability;
| 7 | | (h) A person who intentionally makes a false statement | 8 | | in the Firearm
Owner's Identification Card application;
| 9 | | (i) A noncitizen who is unlawfully present in
the | 10 | | United States under the laws of the United States;
| 11 | | (i-5) A noncitizen who has been admitted to the United | 12 | | States under a
non-immigrant visa (as that term is defined | 13 | | in Section 101(a)(26) of the
Immigration and Nationality | 14 | | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | 15 | | (i-5) does not apply to any noncitizen who has been | 16 | | lawfully admitted to
the United States under a | 17 | | non-immigrant visa if that noncitizen is:
| 18 | | (1) admitted to the United States for lawful | 19 | | hunting or sporting purposes;
| 20 | | (2) an official representative of a foreign | 21 | | government who is:
| 22 | | (A) accredited to the United States Government | 23 | | or the Government's
mission to an international | 24 | | organization having its headquarters in the United
| 25 | | States; or
| 26 | | (B) en route to or from another country to |
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| 1 | | which that noncitizen is
accredited;
| 2 | | (3) an official of a foreign government or | 3 | | distinguished foreign visitor
who has been so | 4 | | designated by the Department of State;
| 5 | | (4) a foreign law enforcement officer of a | 6 | | friendly foreign government
entering the United States | 7 | | on official business; or
| 8 | | (5) one who has received a waiver from the | 9 | | Attorney General of the United
States pursuant to 18 | 10 | | U.S.C. 922(y)(3);
| 11 | | (j) (Blank);
| 12 | | (k) A person who has been convicted within the past 5 | 13 | | years of battery,
assault, aggravated assault, violation | 14 | | of an order of protection, or a
substantially similar | 15 | | offense in another jurisdiction, in which a firearm was
| 16 | | used or possessed;
| 17 | | (l) A person who has been convicted of domestic | 18 | | battery, aggravated domestic battery, or a substantially
| 19 | | similar offense in another jurisdiction committed before, | 20 | | on or after January 1, 2012 (the effective date of Public | 21 | | Act 97-158). If the applicant or person who has been | 22 | | previously issued a Firearm Owner's Identification Card | 23 | | under this Act knowingly and intelligently waives the | 24 | | right to have an offense described in this paragraph (l) | 25 | | tried by a jury, and by guilty plea or otherwise, results | 26 | | in a conviction for an offense in which a domestic |
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| 1 | | relationship is not a required element of the offense but | 2 | | in which a determination of the applicability of 18 U.S.C. | 3 | | 922(g)(9) is made under Section 112A-11.1 of the Code of | 4 | | Criminal Procedure of 1963, an entry by the court of a | 5 | | judgment of conviction for that offense shall be grounds | 6 | | for denying an application for and for revoking and | 7 | | seizing a Firearm Owner's Identification Card previously | 8 | | issued to the person under this Act;
| 9 | | (m) (Blank);
| 10 | | (n) A person who is prohibited from acquiring or | 11 | | possessing
firearms or firearm ammunition by any Illinois | 12 | | State statute or by federal
law;
| 13 | | (o) A minor subject to a petition filed under Section | 14 | | 5-520 of the
Juvenile Court Act of 1987 alleging that the | 15 | | minor is a delinquent minor for
the commission of an | 16 | | offense that if committed by an adult would be a felony;
| 17 | | (p) An adult who had been adjudicated a delinquent | 18 | | minor under the Juvenile
Court Act of 1987 for the | 19 | | commission of an offense that if committed by an
adult | 20 | | would be a felony;
| 21 | | (q) A person who is not a resident of the State of | 22 | | Illinois, except as provided in subsection (a-10) of | 23 | | Section 4; | 24 | | (r) A person who has been adjudicated as a person with | 25 | | a mental disability; | 26 | | (s) A person who has been found to have a |
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| 1 | | developmental disability; | 2 | | (t) A person involuntarily admitted into a mental | 3 | | health facility; or | 4 | | (u) A person who has had his or her Firearm Owner's | 5 | | Identification Card revoked or denied under subsection (e) | 6 | | of this Section or item (iv) of paragraph (2) of | 7 | | subsection (a) of Section 4 of this Act because he or she | 8 | | was a patient in a mental health facility as provided in | 9 | | subsection (e) of this Section, shall not be permitted to | 10 | | obtain a Firearm Owner's Identification Card, after the | 11 | | 5-year period has lapsed, unless he or she has received a | 12 | | mental health evaluation by a physician, clinical | 13 | | psychologist, or qualified examiner as those terms are | 14 | | defined in the Mental Health and Developmental | 15 | | Disabilities Code, and has received a certification that | 16 | | he or she is not a clear and present danger to himself, | 17 | | herself, or others. The physician, clinical psychologist, | 18 | | or qualified examiner making the certification and his or | 19 | | her employer shall not be held criminally, civilly, or | 20 | | professionally liable for making or not making the | 21 | | certification required under this subsection, except for | 22 | | willful or wanton misconduct. This subsection does not | 23 | | apply to a person whose firearm possession rights have | 24 | | been restored through administrative or judicial action | 25 | | under Section 10 or 11 of this Act ; or | 26 | | (v) A person convicted of a third or subsequent |
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| 1 | | violation of Section 24-4.1 of the Criminal Code of 2012 . | 2 | | Upon revocation of a person's Firearm Owner's | 3 | | Identification Card, the Illinois State Police shall provide | 4 | | notice to the person and the person shall comply with Section | 5 | | 9.5 of this Act. | 6 | | (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; | 7 | | 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. | 8 | | 5-27-22.)
| 9 | | Section 10. The Criminal Code of 2012 is amended by | 10 | | changing Section 24-4.1 as follows: | 11 | | (720 ILCS 5/24-4.1)
| 12 | | Sec. 24-4.1. Report of lost or stolen firearms.
| 13 | | (a) If a person who possesses a valid Firearm Owner's | 14 | | Identification Card and who possesses or acquires a firearm | 15 | | thereafter loses the firearm, or if the firearm is stolen from | 16 | | the person, the person must report the loss or theft to the | 17 | | local law enforcement agency within 72 hours after obtaining | 18 | | knowledge of the loss or theft. | 19 | | (b) A law enforcement agency having jurisdiction shall | 20 | | take a written report and shall, as soon as practical, enter | 21 | | the firearm's serial number as stolen into the Law Enforcement | 22 | | Agencies Data System (LEADS). | 23 | | (c) A person shall not be in violation of this Section if: | 24 | | (1) the failure to report is due to an act of God, act |
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| 1 | | of war, or inability of a law enforcement agency to | 2 | | receive the report; | 3 | | (2) the person is hospitalized, in a coma, or is | 4 | | otherwise seriously physically or mentally impaired as to | 5 | | prevent the person from reporting; or | 6 | | (3) the person's designee makes a report if the person | 7 | | is unable to make the report. | 8 | | (d) Sentence. A person who violates this Section is guilty | 9 | | of a petty offense for a first violation. A second or | 10 | | subsequent violation of this Section is a Class A misdemeanor. | 11 | | The Firearm Owner's Identification Card of a person convicted | 12 | | of a third or subsequent violation of this Section shall be | 13 | | revoked.
| 14 | | (Source: P.A. 98-508, eff. 8-19-13.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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