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

    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.


LRB103 00062 RLC 45062 b

 

 

A BILL FOR

 

HB1062LRB103 00062 RLC 45062 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. 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    Sec. 8. Grounds for denial and revocation. The Illinois
8State Police has authority to deny an application for or to
9revoke and seize a Firearm Owner's Identification Card
10previously issued under this Act only if the Illinois State
11Police finds that the applicant or the person to whom such card
12was 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
3Identification Card, the Illinois State Police shall provide
4notice to the person and the person shall comply with Section
59.5 of this Act.
6(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
7102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
85-27-22.)
 
9    Section 10. The Criminal Code of 2012 is amended by
10changing 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
14Identification Card and who possesses or acquires a firearm
15thereafter loses the firearm, or if the firearm is stolen from
16the person, the person must report the loss or theft to the
17local law enforcement agency within 72 hours after obtaining
18knowledge of the loss or theft.
19    (b) A law enforcement agency having jurisdiction shall
20take a written report and shall, as soon as practical, enter
21the firearm's serial number as stolen into the Law Enforcement
22Agencies 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
9of a petty offense for a first violation. A second or
10subsequent violation of this Section is a Class A misdemeanor.
11The Firearm Owner's Identification Card of a person convicted
12of a third or subsequent violation of this Section shall be
13revoked.
14(Source: P.A. 98-508, eff. 8-19-13.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.