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91_HB4150
LRB9112109RCpk
1 AN ACT in relation to firearms.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Firearms Dealer Licensing Act.
6 Section 5. Definitions. As used in this Act:
7 "Department" means the Department of State Police.
8 "Firearms dealer" means any person who is: (i) engaged in
9 the business of selling firearms at wholesale or retail, (ii)
10 engaged in the business of repairing firearms or of making or
11 fitting special barrels, stocks, or trigger mechanisms to
12 firearms, or (iii) a pawnbroker whose business or occupation
13 includes the taking or receiving, by way of pledge or pawn,
14 of any firearm as security for the payment or repayment of
15 money.
16 "Licensed dealer" means any firearms dealer who is
17 licensed under both this Act and Section 923 of the federal
18 Gun Control Act of 1968 (18 U.S.C. 923).
19 "Person" means an individual, firm, association, society,
20 partnership, limited liability company, corporation, or other
21 entity.
22 "Crime punishable by imprisonment for a term exceeding
23 one year" does not include:
24 (i) any federal or state offenses pertaining to
25 antitrust violations, unfair trade practices, restraints
26 of trade, or other similar offenses relating to the
27 regulation of business practices, or
28 (ii) any state offense classified by the laws of the
29 state as a misdemeanor and punishable by a term of
30 imprisonment of 2 years or less.
31 What constitutes a conviction of a crime punishable by
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1 imprisonment for a term exceeding one year shall be
2 determined in accordance with the law of the jurisdiction in
3 which the proceedings were held. Any conviction that has
4 been expunged, set aside, or for which a person has been
5 pardoned or has had civil rights restored shall not be
6 considered a conviction for purposes of this Act unless the
7 pardon, expungement, or restoration of civil rights expressly
8 provides that the person may not possess or receive firearms.
9 "Engaged in the business" means a person who devotes
10 time, attention, and labor to engaging in the activity as a
11 regular course of trade or business with the principal
12 objective of livelihood and profit, but does not include a
13 person who makes occasional repairs of firearms, or who
14 occasionally fits special barrels, stocks, or trigger
15 mechanisms to firearms.
16 "Transfer" means the actual or attempted transfer of a
17 firearm or firearm ammunition, with or without consideration,
18 but does not include the lease of a firearm, or the provision
19 of ammunition specifically for that firearm, if the firearm
20 and the ammunition are to be used on the lessor's premises,
21 and does not include any transfer of possession when the
22 transferor maintains supervision and control over the firearm
23 or ammunition.
24 "With the principal objective of livelihood and profit"
25 means that the intent underlying the sale or disposition of
26 firearms is predominantly one of obtaining livelihood and
27 pecuniary gain, as opposed to other intents, such as
28 improving or liquidating a personal firearms collection;
29 however, proof of profit shall not be required as to a person
30 who engages in the regular and repetitive purchase and
31 disposition of firearms for criminal purposes or terrorism.
32 "Terrorism" means activity directed against United States
33 residents that:
34 (i) is committed by an individual who is not a
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1 national or permanent resident alien of the United
2 States;
3 (ii) involves violent acts or acts dangerous to
4 human life that would be a criminal violation if
5 committed within the jurisdiction of the United States;
6 and
7 (iii) is intended:
8 (A) to intimidate or coerce a civilian
9 population;
10 (B) to influence the policy of a government by
11 intimidation or coercion; or
12 (C) to affect the conduct of a government by
13 assassination or kidnapping.
14 "Indictment" includes an indictment or information in any
15 court under which a crime punishable by imprisonment for a
16 term exceeding one year may be prosecuted.
17 "Fugitive from justice" means a person who has fled from
18 any state to avoid prosecution for a crime or to avoid giving
19 testimony in any criminal proceeding.
20 "Firearm" has the meaning ascribed to it in Section 1.1
21 of the Firearm Owners Identification Card Act.
22 "Adjudicated as a disabled person" means adjudicated as a
23 disabled person under the Probate Act of 1975 or the laws of
24 another state.
25 "Cannabis" has the meaning ascribed to it in the Cannabis
26 Control Act.
27 "Controlled substance" has the meaning ascribed to it in
28 the Illinois Controlled Substances Act.
29 Section 10. Unlicensed firearms dealer; prohibition. No
30 person may sell or otherwise transfer, or expose for sale or
31 transfer, or have in his or her possession with intent to
32 sell or transfer any firearm without being licensed under
33 this Act. This prohibition does not apply to a person who
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1 makes occasional sales, exchanges, or purchases of firearms
2 for the enhancement of a personal collection or as a hobby or
3 who sells all or part of his or her personal collection of
4 firearms.
5 Section 15. License application; requirements; penalty.
6 (a) The Department may grant a firearms dealer license to
7 an applicant who submits evidence that:
8 (1) he or she is at least 21 years of age;
9 (2) he or she, including in the case of a
10 corporation, partnership, or association, an individual
11 possessing, directly or indirectly, the power to direct
12 or cause the direction of the management and policies of
13 the corporation, partnership, or association:
14 (i) has not been convicted of and is not under
15 indictment for a crime punishable by imprisonment
16 for a term exceeding one year;
17 (ii) is not a fugitive from justice;
18 (iii) is not and has not been an unlawful user
19 of or addicted to a controlled substance or
20 cannabis;
21 (iv) has not been adjudicated as a disabled
22 person or committed to a mental institution;
23 (v) is not an alien, illegally or unlawfully,
24 in the United States;
25 (vi) has not been discharged from the Armed
26 Forces under dishonorable conditions; or
27 (vii) is not a former citizen of the United
28 States who has renounced his or her citizenship; and
29 (3) he or she does not have a mental condition that
30 poses a clear and present danger to the applicant,
31 another person, or to the community. For purposes of
32 this subdivision (3), "mental condition" means a state of
33 mind manifested by violent, suicidal, threatening, or
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1 assaultive behavior.
2 (b) An application for a firearms dealer license shall be
3 made on forms furnished by the Department. The application
4 shall be verified by the applicant under oath and shall be
5 accompanied by the required fee.
6 (c) The applicant shall submit to the Department a
7 license fee of $300, which shall be payable at the time of
8 application, and an additional $300 which shall be payable
9 every 3 years thereafter for so long as the license is in
10 effect.
11 (d) The applicant shall submit to fingerprinting in
12 accordance with rules adopted by the Department and shall pay
13 a fingerprint processing fee in the amount set by the
14 Department by rule.
15 (e) A person who knowingly makes a false statement or
16 knowingly conceals a material fact or uses false information
17 or identification in any application for a license under this
18 Act commits a Class A misdemeanor.
19 (f) A license granted under this Act shall remain in
20 effect until it is revoked, suspended, or otherwise withdrawn
21 by the Department or until it is surrendered by the licensee.
22 (g) The provisions of subdivision (a)(2)(ii) do not
23 apply to a person who has been granted relief from
24 disabilities under subsection (c) of Section 925 of Title 18
25 of the United States Code or to a licensed dealer who is
26 indicted for a crime who is operating under an existing
27 license if, before the expiration of the term of the existing
28 license, timely application is made for a new license during
29 the term of the indictment and until any conviction under the
30 indictment becomes final.
31 Section 20. License retention; requirements. A license
32 granted under this Act shall be subject to all of the
33 following requirements:
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1 (1) A licensed dealer shall only transact business under
2 this Act at an address that has a zoning classification that
3 permits the operation of a retail establishment.
4 (2) A licensed dealer may not transact business in any
5 place other than the premises specified in his or her
6 license, except that a licensed dealer may display, sell, or
7 transfer firearms at a gun show open to the general public or
8 at any regular meeting of an incorporated collectors club in
9 accordance with this Act and federal law.
10 (3) A licensed dealer shall not violate any provision of
11 any federal or state law pertaining to the possession, use,
12 sale, or delivery of firearms.
13 (4) The licensed dealer shall strictly adhere to the
14 provisions of all applicable federal and state laws and local
15 ordinances and local business license requirements.
16 (5) A separate license shall be obtained for each
17 separate place of business. Before a licensed dealer moves
18 his or her place of business, he or she shall promptly apply
19 to the Department for an amended license.
20 (6) The license, or a copy of the license certified by
21 the Department, shall be displayed on the premises at a
22 location where it can easily be read.
23 (7) No firearm shall be displayed in any outer window of
24 the premises or in any other place where it can readily be
25 seen from the outside.
26 (8) Every firearm shall be unloaded when delivered.
27 (9) The licensee shall obtain a certificate of
28 registration issued under the Retailers' Occupation Tax Act.
29 (10) The licensee shall take reasonable precautions to
30 ensure that the firearms the licensee sells will not be used
31 illegally. These precautions shall include, but not be
32 limited to: (i) the refusal to sell a firearm to a person
33 the licensee knows or has reason to know is purchasing the
34 firearm on behalf of another person who could not legally
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1 purchase the firearm; (ii) the refusal to sell a firearm to a
2 person who has provided a home address in a municipality or
3 county in which possession of that type of firearm is illegal
4 unless the transferee presents reasonably satisfactory
5 evidence that the firearm will not be used or possessed
6 unlawfully in that municipality or county; and (iii) the
7 refusal to sell a firearm to a person who has provided a home
8 address in a municipality or county that requires
9 registration of the firearm, unless the purchaser presents
10 satisfactory evidence of compliance with the registration
11 requirement.
12 (11) The licensee shall make available the licensee's
13 records to any officer or employee of the Department or of
14 any unit of local government in this State whenever the
15 officer or employee is authorized to enforce laws or
16 ordinances pertaining to firearms.
17 Section 25. Enforcement; revocation; notice. This Act
18 shall be enforced by the Department, and may be enforced, for
19 the purpose of determining compliance with this Act, by any
20 municipality in which the licensee is located or, if the
21 licensee is not located in a municipality, by the county in
22 which the licensee is located. The Department, after due
23 notice to the licensee and reasonable opportunity for the
24 licensee to be heard, may revoke a license or may suspend a
25 license for a period of time that the Department may deem
26 proper upon satisfactory proof that the licensee has violated
27 or permitted a violation of any requirement of this Act or is
28 no longer eligible to obtain a license under Section 15. A
29 person whose license has been revoked by the Department is
30 disqualified to receive a license for 10 years after the
31 revocation. Any person who has substantially participated in
32 the operation or management of a licensee that has had its
33 license revoked may not be employed by or participate in the
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1 business of any other licensee for 10 years after the
2 revocation. Proceedings for revocation or suspension under
3 this Section may be initiated by the Department or by a
4 municipality or county.
5 Section 30. Submission to Department. A licensed dealer
6 shall, within 24 hours after making a sale or transfer of a
7 firearm to a person who is not licensed as a dealer, report
8 that sale to the Department of State Police. The report
9 shall contain the following information: the date of the sale
10 or transfer; the identity and address of the dealer; the
11 name, address, age and occupation of the transferee; the
12 price of the firearm; the kind, description and number of the
13 firearm. All records of such reports shall be maintained by
14 the Department on a computer database capable of allowing the
15 retrieval of information for each dealer and each transferee.
16 The computer database must also contain a listing of each
17 county or municipality that prohibits one or more types of
18 firearm, and the type or types of firearm that are prohibited
19 in that county or municipality. Information in the database
20 shall be made available to any law enforcement agency
21 responsible for the enforcement of any federal, State or
22 local law or ordinance relating to firearms, and to any
23 licensed dealer who requests information relating to a person
24 who is seeking to purchase one or more firearms from that
25 dealer. Except as specifically provided in this Section,
26 information in the database shall be confidential records of
27 the Department and are not subject to disclosure under any
28 other law.
29 In addition to any other requirements of this Section,
30 any licensee who was required by Section 3 of the Firearm
31 Owners Identification Card Act to keep a record of a transfer
32 of a firearm occurring within the 24 month period immediately
33 preceding the effective date of this Act must, no later than
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1 30 days after that effective date, report those transfers to
2 the Department of State Police. The report must contain the
3 information required to be maintained as records under
4 subsection (b) of Section 3 of the Firearm Owners
5 Identification Card Act. The Department must include the
6 records of those reports in the computer database required to
7 be maintained under this Section.
8 Section 35. Penalty. Any firearms dealer who sells, or
9 who possesses with intent to sell, trade, or transfer, any
10 firearm without being licensed under this Act is guilty of a
11 Class 4 felony.
12 Section 105. The Criminal Code of 1961 is amended by
13 changing Section 24-3 and adding Section 24-3.1A as follows:
14 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
15 Sec. 24-3. Unlawful transfer Sale of firearms.
16 (A) A person commits the offense of unlawful transfer
17 sale of firearms when he or she knowingly does any of the
18 following:
19 (a) Transfers or possesses with intent to transfer
20 Sells or gives any firearm of a size which may be
21 concealed upon the person to any person he or she has
22 reasonable cause to believe is under 18 years of age.; or
23 (b) Transfers or possesses with intent to transfer
24 Sells or gives any firearm to a person he or she has
25 reasonable cause to believe is under 18 years of age; or
26 under 21 years of age who has been convicted of a
27 misdemeanor other than a traffic offense or adjudged
28 delinquent.; or
29 (c) Transfers or possesses with intent to transfer
30 Sells or gives any firearm to any person he or she has
31 reasonable cause to believe is a narcotic addict.; or
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1 (d) Transfers or possesses with intent to transfer
2 Sells or gives any firearm to any person he or she has
3 reasonable cause to believe who has been convicted of a
4 felony under the laws of this or any other jurisdiction.;
5 or
6 (e) Transfers or possesses with intent to transfer
7 Sells or gives any firearm to any person he or she has
8 reasonable cause to believe who has been a patient in a
9 mental hospital within the past 5 years.; or
10 (f) Transfers or possesses with intent to transfer
11 Sells or gives any firearms to any person he or she knows
12 or has reasonable cause to believe who is mentally
13 retarded.; or
14 (g) Knowingly transfers Delivers any firearm of a
15 size which may be concealed upon the person, incidental
16 to a sale, without withholding delivery of such firearm
17 for at least 72 hours after application for its purchase
18 has been made, or delivers any rifle, shotgun or other
19 long gun, incidental to a sale, without withholding
20 delivery of such rifle, shotgun or other long gun for at
21 least 24 hours after application for its purchase has
22 been made. However, this paragraph (g) does shall not
23 apply to: (1) the sale of a firearm to a law enforcement
24 officer or a person who desires to purchase a firearm for
25 use in promoting the public interest incident to his or
26 her employment as a bank guard, armed truck guard, or
27 other similar employment; or (2) a mail order sale of a
28 firearm to a nonresident of Illinois under which the
29 firearm is mailed to a point outside the boundaries of
30 Illinois; or (3) the sale of a firearm to a nonresident
31 of Illinois while at a firearm showing or display
32 recognized by the Illinois Department of State Police; or
33 (4) the sale of a firearm to a dealer licensed under the
34 Federal Firearms Act of the United States.; or
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1 (h) While holding any license under the federal
2 "Gun Control Act of 1968", as amended, as a dealer,
3 importer, manufacturer or pawnbroker under the federal
4 Gun Control Act of 1968,; knowingly manufactures, sells
5 or delivers to any unlicensed person a handgun having a
6 barrel, slide, frame or receiver which is a die casting
7 of zinc alloy or any other nonhomogeneous metal which
8 will melt or deform at a temperature of less than 800
9 degrees Fahrenheit. For purposes of this paragraph, (1)
10 "firearm" is defined as in the Firearm Owners
11 Identification Card Act "An Act relating to the
12 acquisition, possession and transfer of firearms and
13 firearm ammunition, to provide a penalty for the
14 violation thereof and to make an appropriation in
15 connection therewith", approved August 3, 1967, as
16 amended; and (2) "handgun" is defined as a firearm
17 designed to be held and fired by the use of a single
18 hand, and includes a combination of parts from which such
19 a firearm can be assembled.; or
20 (i) transfers or possesses with intent to transfer
21 Sells or gives a firearm of any size to any person he or
22 she knows or has reasonable cause to believe is under 18
23 years of age who does not possess a valid Firearm Owner's
24 Identification Card; or.
25 (i-5) While holding a license under the Federal Gun
26 Control Act of 1968, sells or possesses with intent to sell
27 more than one handgun to any person within any 30 day period
28 or sells or possesses with intent to sell a handgun to any
29 person he or she knows or has reasonable cause to believe has
30 purchased or has been given a handgun within the previous 30
31 days unless the purchase of multiple handguns is authorized
32 under subsection (c) or (d) of Section 24-3.1A. It is an
33 affirmative defense to a violation of this subsection that
34 the seller in good faith relied on the records of the
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1 Department of State Police in concluding that the purchaser
2 had not purchased a handgun within the previous 30 days or
3 that multiple purchases were authorized by subsection (b) of
4 Section 24-3.1A, or relied in good faith on the records of a
5 local law enforcement agency that the sale was authorized by
6 subsection (c) of Section 24-3.1A.
7 (B) (j) Paragraph (h) of subsection (A) does this
8 Section shall not include firearms sold within 6 months after
9 enactment of Public Act 78-355 (approved August 21, 1973,
10 effective October 1, 1973) this amendatory Act of 1973, nor
11 is shall any firearm legally owned or possessed by any
12 citizen or purchased by any citizen within 6 months after the
13 enactment of Public Act 78-355 this amendatory Act of 1973 be
14 subject to confiscation or seizure under the provisions of
15 that Public this amendatory Act of 1973. Nothing in Public
16 Act 78-355 this amendatory Act of 1973 shall be construed to
17 prohibit the gift or trade of any firearm if that firearm was
18 legally held or acquired within 6 months after the enactment
19 of that Public this amendatory Act of 1973.
20 (B-5) As used in this Section, "transfer" means the
21 actual or attempted transfer of a firearm or firearm
22 ammunition, with or without consideration, but does not
23 include the lease of a firearm, or the provision of
24 ammunition specifically for that firearm, if the firearm and
25 the ammunition are to be used on the lessor's premises, and
26 does not include any transfer of possession when the
27 transferor maintains supervision and control over the firearm
28 or ammunition.
29 (B-10) Paragraph (i-5) of subsection (A) does not apply
30 to the transfer or possession with intent to transfer of a
31 firearm to a transferee who receives the firearm as an heir,
32 legatee, or beneficiary of or in a similar capacity to a
33 deceased person who had owned the firearm. Nothing in this
34 paragraph (B-10) makes lawful any sale or possession with
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1 intent to transfer of a firearm, or any other possession or
2 use of a firearm, in violation of any law, other than
3 paragraph (i-5) of subsection (A), or in violation of any
4 municipal or county ordinance.
5 (C) (k) Sentence.
6 (1) Any person convicted of unlawful transfer sale
7 of firearms in violation of any of paragraphs (c), (e),
8 (f), (g), or through (h) of subsection (A) commits a
9 Class 4 felony. A person convicted of a violation of
10 subsection (i-5) of subsection (A) of this Section
11 commits a Class A misdemeanor for a first offense and a
12 Class 4 felony for a second or subsequent offense.
13 (2) Any person convicted of unlawful transfer sale
14 of firearms in violation of paragraph (b) or (i) of
15 subsection (A) commits a Class 3 felony.
16 (3) Any person convicted of unlawful sale of
17 firearms in violation of paragraph (a) of subsection (A)
18 commits a Class 2 felony.
19 (4) Any person convicted of unlawful sale of
20 firearms in violation of paragraph (a), (b), or (i) of
21 subsection (A) in any school, on the real property
22 comprising a school, within 1,000 feet of the real
23 property comprising a school, at a school related
24 activity, or on or within 1,000 feet of any conveyance
25 owned, leased, or contracted by a school or school
26 district to transport students to or from school or a
27 school related activity, regardless of the time of day or
28 time of year at which that the offense was committed,
29 commits a Class 1 felony. Any person convicted of a
30 second or subsequent violation of unlawful sale of
31 firearms in violation of paragraph (a), (b), or (i) of
32 subsection (A) in any school, on the real property
33 comprising a school, within 1,000 feet of the real
34 property comprising a school, at a school related
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1 activity, or on or within 1,000 feet of any conveyance
2 owned, leased, or contracted by a school or school
3 district to transport students to or from school or a
4 school related activity, regardless of the time of day or
5 time of year at which that the offense was committed,
6 commits a Class 1 felony for which the sentence shall be
7 a term of imprisonment of no less than 5 years and no
8 more than 15 years.
9 (5) Any person convicted of unlawful sale of
10 firearms in violation of paragraph (a) or (i) of
11 subsection (A) in residential property owned, operated,
12 or managed by a public housing agency or leased by a
13 public housing agency as part of a scattered site or
14 mixed-income development, in a public park, in a
15 courthouse, on residential property owned, operated, or
16 managed by a public housing agency or leased by a public
17 housing agency as part of a scattered site or
18 mixed-income development, on the real property comprising
19 any public park, on the real property comprising any
20 courthouse, or on any public way within 1,000 feet of the
21 real property comprising any public park, courthouse, or
22 residential property owned, operated, or managed by a
23 public housing agency or leased by a public housing
24 agency as part of a scattered site or mixed-income
25 development commits a Class 2 felony.
26 A person convicted of unlawful transfer of firearms in
27 violation of paragraph (d) of subsection (A) commits a Class
28 2 felony.
29 (D) (6) For purposes of this Section:
30 "School" means a public or private elementary or
31 secondary school, community college, college, or university.
32 "School related activity" means any sporting, social,
33 academic, or other activity for which students' attendance or
34 participation is sponsored, organized, or funded in whole or
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1 in part by a school or school district.
2 (Source: P.A. 91-12, eff. 1-1-00; 91-673, eff. 12-22-99;
3 revised 1-7-00.)
4 (720 ILCS 5/24-3.1A new)
5 Sec. 24-3.1A. Unlawful purchase of handguns.
6 (a) Except as provided in subsections (b) and (c), it
7 shall be unlawful for any person other than a person holding
8 a license under the Federal Gun Control Act of 1968, as
9 amended, to purchase more than one handgun within any 30-day
10 period.
11 (b) Purchases in excess of one handgun within a 30-day
12 period may be made upon completion of an enhanced background
13 check, as described in this Section, by special application
14 to the Department of State Police listing the number and type
15 of handguns to be purchased and transferred for lawful
16 business or personal use, in a collector series, for
17 collections, as a bulk purchase from estate sales and for
18 similar purposes. The applications shall be signed under oath
19 by the applicant on forms provided by the Department of State
20 Police, shall state the purpose for the purchase above the
21 limit, and shall require satisfactory proof of residency and
22 identity. The application shall be in addition to the
23 firearms sales report required by the Bureau of Alcohol,
24 Tobacco and Firearms (ATF). The Director of State Police
25 shall promulgate rules, pursuant to the Illinois
26 Administrative Procedure Act, for the implementation of an
27 application process for purchases of handguns above the
28 limit.
29 Upon being satisfied that these requirements have been
30 met, the Department of State Police shall forthwith issue to
31 the applicant a nontransferable certificate which shall be
32 valid for 7 days from the date of issue. The certificate
33 shall be surrendered to the dealer by the prospective
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1 purchaser prior to the consummation of the sale and shall be
2 kept on file at the dealer's place of business for inspection
3 as provided in Section 24-4. Upon request of any local law
4 enforcement agency, and pursuant to its rules, the Department
5 of State Police may certify the local law enforcement agency
6 to serve as its agent to receive applications and, upon
7 authorization by the Department of State Police, issue
8 certificates forthwith pursuant to this Section. Applications
9 and certificates issued under this Section shall be
10 maintained as records by the Department of State Police, and
11 all records concerning certificates issued pursuant to this
12 Section shall be made available to local law enforcement
13 agencies.
14 (c) The provisions of this Section do not apply to:
15 (1) A law enforcement agency;
16 (2) State and local correctional agencies and
17 departments;
18 (3) The purchase of antique firearms as defined by
19 paragraph (4) of Section 1.1 of the Firearm Owners
20 Identification Card Act; or
21 (4) A person whose handgun is stolen or
22 irretrievably lost who deems it essential that the
23 handgun be replaced immediately. The person may purchase
24 another handgun, even if the person has previously
25 purchased a handgun within a 30-day period, provided (i)
26 the person provides the firearms dealer with a copy of
27 the official police report or a summary the report, on
28 forms provided by the Department of State Police, from
29 the law enforcement agency that took the report of the
30 lost or stolen handgun; (ii) the official police report
31 or summary of the report contains the name and address of
32 the handgun owner, the description of the handgun, the
33 location of the loss or theft, the date of the loss or
34 theft, and the date the loss or theft was reported to the
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1 law enforcement agency; and (iii) the date of the loss or
2 theft as reflected on the official police report or
3 summary of the report occurred within 30 days of the
4 person's attempt to replace the handgun. The firearms
5 dealer shall attach a copy of the official police report
6 or summary of the report to the original copy of the form
7 provided by the Department of State Police completed for
8 the transaction, retain it for the period prescribed by
9 the Department of State Police, and forward a copy of the
10 documents to the Department of State Police. The
11 documents shall be maintained by the Department of State
12 Police and shall be made available to local law
13 enforcement agencies.
14 (d) For the purposes of this Section, "purchase" does
15 not include the exchange or replacement of a handgun by a
16 seller for a handgun purchased from the seller by the same
17 person seeking the exchange or replacement within the 30-day
18 period immediately preceding the date of exchange or
19 replacement.
20 (e) A violation of this Section is a Class A misdemeanor
21 for a first offense and a Class 4 felony for a second or
22 subsequent offense.
23 Section 110. The Unified Code of Corrections is amended
24 by changing Section 3-3-9 as follows:
25 (730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9)
26 Sec. 3-3-9. Violations; changes of conditions;
27 preliminary hearing; revocation of parole or mandatory
28 supervised release; revocation hearing.
29 (a) If prior to expiration or termination of the term of
30 parole or mandatory supervised release, a person violates a
31 condition set by the Prisoner Review Board to govern that
32 term, the Board may:
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1 (1) continue the existing term, with or without
2 modifying or enlarging the conditions; or
3 (2) parole or release the person to a half-way
4 house; or
5 (3) revoke the parole or mandatory supervised
6 release and reconfine the person for a term computed in
7 the following manner:
8 (i) (A) For those sentenced under the law in
9 effect prior to this amendatory Act of 1977, the
10 recommitment shall be for any portion of the imposed
11 maximum term of imprisonment or confinement which
12 had not been served at the time of parole and the
13 parole term, less the time elapsed between the
14 parole of the person and the commission of the
15 violation for which parole was revoked;
16 (B) For those subject to mandatory supervised
17 release under paragraph (d) of Section 5-8-1 of this
18 Code, the recommitment shall be for the total
19 mandatory supervised release term, less the time
20 elapsed between the release of the person and the
21 commission of the violation for which mandatory
22 supervised release is revoked. The Board may also
23 order that a prisoner serve up to one year of the
24 sentence imposed by the court which was not served
25 due to the accumulation of good conduct credit.
26 (ii) the person shall be given credit against
27 the term of reimprisonment or reconfinement for time
28 spent in custody since he was paroled or released
29 which has not been credited against another sentence
30 or period of confinement;
31 (iii) persons committed under the Juvenile
32 Court Act or the Juvenile Court Act of 1987 shall be
33 recommitted until the age of 21;
34 (iv) this Section is subject to the release
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1 under supervision and the reparole and rerelease
2 provisions of Section 3-3-10.
3 (a-5) If prior to expiration or termination of the term
4 of parole or mandatory supervised release, a person is found
5 to be in possession of a firearm that is a violation of the
6 person's condition of parole or mandatory supervised release
7 under paragraph (a)(2) of Section 3-3-7 of this Code, the
8 Board shall revoke the parole or mandatory supervised release
9 and reconfine the person for a term computed in the following
10 manner:
11 (1) For those sentenced under the law in effect
12 prior to February 1, 1978, the recommitment shall be for
13 the entire portion of the imposed maximum term of
14 imprisonment or confinement that had not been served at
15 the time of parole and the parole term;
16 (2) For those subject to mandatory supervised
17 release under subsection (d) of Section 5-8-1 of this
18 Code, the recommitment shall be for the total mandatory
19 supervised release term. The Board shall also order that
20 the prisoner shall lose all good conduct credit
21 accumulated prior to release and shall serve the amount
22 of time of the sentence imposed by the court that was not
23 served due to the prior accumulation of good conduct
24 credit.
25 (b) The Board may revoke parole or mandatory supervised
26 release for violation of a condition for the duration of the
27 term and for any further period which is reasonably necessary
28 for the adjudication of matters arising before its
29 expiration. The issuance of a warrant of arrest for an
30 alleged violation of the conditions of parole or mandatory
31 supervised release shall toll the running of the term until
32 the final determination of the charge, but where parole or
33 mandatory supervised release is not revoked that period shall
34 be credited to the term.
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1 (c) A person charged with violating a condition of
2 parole or mandatory supervised release shall have a
3 preliminary hearing before a hearing officer designated by
4 the Board to determine if there is cause to hold the person
5 for a revocation hearing. However, no preliminary hearing
6 need be held when revocation is based upon new criminal
7 charges and a court finds probable cause on the new criminal
8 charges or when the revocation is based upon a new criminal
9 conviction and a certified copy of that conviction is
10 available.
11 (d) Parole or mandatory supervised release shall not be
12 revoked without written notice to the offender setting forth
13 the violation of parole or mandatory supervised release
14 charged against him.
15 (e) A hearing on revocation shall be conducted before at
16 least one member of the Prisoner Review Board. The Board may
17 meet and order its actions in panels of 3 or more members.
18 The action of a majority of the panel shall be the action of
19 the Board. In consideration of persons committed to the
20 Juvenile Division, the member hearing the matter and at least
21 a majority of the panel shall be experienced in juvenile
22 matters. A record of the hearing shall be made. At the
23 hearing the offender shall be permitted to:
24 (1) appear and answer the charge; and
25 (2) bring witnesses on his behalf.
26 (f) The Board shall either revoke parole or mandatory
27 supervised release or order the person's term continued with
28 or without modification or enlargement of the conditions.
29 (g) Parole or mandatory supervised release shall not be
30 revoked for failure to make payments under the conditions of
31 parole or release unless the Board determines that such
32 failure is due to the offender's willful refusal to pay.
33 (Source: P.A. 85-1209.)