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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4375 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED:
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| 430 ILCS 65/8 | from Ch. 38, par. 83-8 | 430 ILCS 66/70 | | 720 ILCS 5/24-4.1 | |
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Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police shall suspend for 5 years the Firearm Owner's Identification Card of a person who has been convicted of a third violation of the provision of the Criminal Code of 2012 that makes it an offense for a person who possesses or acquires a firearm and thereafter loses the firearm, or if the firearm is stolen from the person, to fail 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 Concealed Carry Act. Provides that the Department of State Police shall suspend for 5 years the concealed carry license of a person who has been convicted of a third violation of that Criminal Code of 2012 provision. Amends the Criminal Code of 2012. Provides that a fourth or subsequent violation is a Class 4 felony (rather than a Class A misdemeanor). Effective immediately.
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Firearm Owners Identification Card Act is |
| 5 | | amended by changing Section 8 as follows:
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| 6 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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| 7 | | Sec. 8. Grounds for denial and revocation. The Department |
| 8 | | of 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 Department finds |
| 11 | | that the
applicant or the person to whom such card was issued |
| 12 | | is or was at the time
of issuance:
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| 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;
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| 16 | | (b) A person under 21 years of age who does not have |
| 17 | | the written consent
of his parent or guardian to acquire |
| 18 | | and possess firearms and firearm
ammunition, or whose |
| 19 | | parent or guardian has revoked such written consent,
or |
| 20 | | where such parent or guardian does not qualify to have a |
| 21 | | Firearm Owner's
Identification Card;
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| 22 | | (c) A person convicted of a felony under the laws of |
| 23 | | this or any other
jurisdiction;
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| 1 | | (d) A person addicted to narcotics;
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| 2 | | (e) A person who has been a patient of a mental health |
| 3 | | facility within the
past 5 years or a person who has been a |
| 4 | | patient in a mental health facility more than 5 years ago |
| 5 | | who has not received the certification required under |
| 6 | | subsection (u) of this Section. An active law enforcement |
| 7 | | officer employed by a unit of government who is denied, |
| 8 | | revoked, or has his or her Firearm Owner's Identification |
| 9 | | Card seized under this subsection (e) may obtain relief as |
| 10 | | described in subsection (c-5) of Section 10 of this Act if |
| 11 | | the officer did not act in a manner threatening to the |
| 12 | | officer, another person, or the public as determined by the |
| 13 | | treating clinical psychologist or physician, and the |
| 14 | | officer seeks mental health treatment;
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| 15 | | (f) A person whose mental condition is of such a nature |
| 16 | | that it poses
a clear and present danger to the applicant, |
| 17 | | any other person or persons or
the community;
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| 18 | | (g) A person who has an intellectual disability;
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| 19 | | (h) A person who intentionally makes a false statement |
| 20 | | in the Firearm
Owner's Identification Card application;
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| 21 | | (i) An alien who is unlawfully present in
the United |
| 22 | | States under the laws of the United States;
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| 23 | | (i-5) An alien who has been admitted to the United |
| 24 | | States under a
non-immigrant visa (as that term is defined |
| 25 | | in Section 101(a)(26) of the
Immigration and Nationality |
| 26 | | Act (8 U.S.C. 1101(a)(26))), except that this
subsection |
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| 1 | | (i-5) does not apply to any alien who has been lawfully |
| 2 | | admitted to
the United States under a non-immigrant visa if |
| 3 | | that alien is:
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| 4 | | (1) admitted to the United States for lawful |
| 5 | | hunting or sporting purposes;
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| 6 | | (2) an official representative of a foreign |
| 7 | | government who is:
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| 8 | | (A) accredited to the United States Government |
| 9 | | or the Government's
mission to an international |
| 10 | | organization having its headquarters in the United
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| 11 | | States; or
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| 12 | | (B) en route to or from another country to |
| 13 | | which that alien is
accredited;
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| 14 | | (3) an official of a foreign government or |
| 15 | | distinguished foreign visitor
who has been so |
| 16 | | designated by the Department of State;
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| 17 | | (4) a foreign law enforcement officer of a friendly |
| 18 | | foreign government
entering the United States on |
| 19 | | official business; or
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| 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);
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| 23 | | (j) (Blank);
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| 24 | | (k) A person who has been convicted within the past 5 |
| 25 | | years of battery,
assault, aggravated assault, violation |
| 26 | | of an order of protection, or a
substantially similar |
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| 1 | | offense in another jurisdiction, in which a firearm was
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| 2 | | used or possessed;
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| 3 | | (l) A person who has been convicted of domestic |
| 4 | | battery, aggravated domestic battery, or a substantially
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| 5 | | similar offense in another jurisdiction committed before, |
| 6 | | on or after January 1, 2012 (the effective date of Public |
| 7 | | Act 97-158). If the applicant or person who has been |
| 8 | | previously issued a Firearm Owner's Identification Card |
| 9 | | under this Act knowingly and intelligently waives the right |
| 10 | | to have an offense described in this paragraph (l) tried by |
| 11 | | a jury, and by guilty plea or otherwise, results in a |
| 12 | | conviction for an offense in which a domestic relationship |
| 13 | | is not a required element of the offense but in which a |
| 14 | | determination of the applicability of 18 U.S.C. 922(g)(9) |
| 15 | | is made under Section 112A-11.1 of the Code of Criminal |
| 16 | | Procedure of 1963, an entry by the court of a judgment of |
| 17 | | conviction for that offense shall be grounds for denying an |
| 18 | | application for and for revoking and seizing a Firearm |
| 19 | | Owner's Identification Card previously issued to the |
| 20 | | person under this Act;
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| 21 | | (m) (Blank);
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| 22 | | (n) A person who is prohibited from acquiring or |
| 23 | | possessing
firearms or firearm ammunition by any Illinois |
| 24 | | State statute or by federal
law;
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| 25 | | (o) A minor subject to a petition filed under Section |
| 26 | | 5-520 of the
Juvenile Court Act of 1987 alleging that the |
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| 1 | | minor is a delinquent minor for
the commission of an |
| 2 | | offense that if committed by an adult would be a felony;
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| 3 | | (p) An adult who had been adjudicated a delinquent |
| 4 | | minor under the Juvenile
Court Act of 1987 for the |
| 5 | | commission of an offense that if committed by an
adult |
| 6 | | would be a felony;
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| 7 | | (q) A person who is not a resident of the State of |
| 8 | | Illinois, except as provided in subsection (a-10) of |
| 9 | | Section 4; |
| 10 | | (r) A person who has been adjudicated as a person with |
| 11 | | a mental disability; |
| 12 | | (s) A person who has been found to have a developmental |
| 13 | | disability; |
| 14 | | (t) A person involuntarily admitted into a mental |
| 15 | | health facility; or |
| 16 | | (u) A person who has had his or her Firearm Owner's |
| 17 | | Identification Card revoked or denied under subsection (e) |
| 18 | | of this Section or item (iv) of paragraph (2) of subsection |
| 19 | | (a) of Section 4 of this Act because he or she was a |
| 20 | | patient in a mental health facility as provided in |
| 21 | | subsection (e) of this Section, shall not be permitted to |
| 22 | | obtain a Firearm Owner's Identification Card, after the |
| 23 | | 5-year period has lapsed, unless he or she has received a |
| 24 | | mental health evaluation by a physician, clinical |
| 25 | | psychologist, or qualified examiner as those terms are |
| 26 | | defined in the Mental Health and Developmental |
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| 1 | | Disabilities Code, and has received a certification that he |
| 2 | | or she is not a clear and present danger to himself, |
| 3 | | herself, or others. The physician, clinical psychologist, |
| 4 | | or qualified examiner making the certification and his or |
| 5 | | her employer shall not be held criminally, civilly, or |
| 6 | | professionally liable for making or not making the |
| 7 | | certification required under this subsection, except for |
| 8 | | willful or wanton misconduct. This subsection does not |
| 9 | | apply to a person whose firearm possession rights have been |
| 10 | | restored through administrative or judicial action under |
| 11 | | Section 10 or 11 of this Act. |
| 12 | | Upon revocation of a person's Firearm Owner's |
| 13 | | Identification Card, the Department of State Police shall |
| 14 | | provide notice to the person and the person shall comply with |
| 15 | | Section 9.5 of this Act. |
| 16 | | The Department of State Police shall suspend for 5 years |
| 17 | | the Firearm Owner's Identification Card of a person who has |
| 18 | | been convicted of a third violation of Section 24-4.1 of the |
| 19 | | Criminal Code of 2012. |
| 20 | | (Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, |
| 21 | | eff. 7-16-14; 99-143, eff. 7-27-15.)
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| 22 | | Section 10. The Firearm Concealed Carry Act is amended by |
| 23 | | changing Section 70 as follows:
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| 24 | | (430 ILCS 66/70)
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| 1 | | Sec. 70. Violations. |
| 2 | | (a) A license issued or renewed under this Act shall be |
| 3 | | revoked if, at any time, the licensee is found to be ineligible |
| 4 | | for a license under this Act or the licensee no longer meets |
| 5 | | the eligibility requirements of the Firearm Owners |
| 6 | | Identification Card Act. |
| 7 | | (b) A license shall be suspended if an order of protection, |
| 8 | | including an emergency order of protection, plenary order of |
| 9 | | protection, or interim order of protection under Article 112A |
| 10 | | of the Code of Criminal Procedure of 1963 or under the Illinois |
| 11 | | Domestic Violence Act of 1986, is issued against a licensee for |
| 12 | | the duration of the order, or if the Department is made aware |
| 13 | | of a similar order issued against the licensee in any other |
| 14 | | jurisdiction. If an order of protection is issued against a |
| 15 | | licensee, the licensee shall surrender the license, as |
| 16 | | applicable, to the court at the time the order is entered or to |
| 17 | | the law enforcement agency or entity serving process at the |
| 18 | | time the licensee is served the order. The court, law |
| 19 | | enforcement agency, or entity responsible for serving the order |
| 20 | | of protection shall notify the Department within 7 days and |
| 21 | | transmit the license to the Department. |
| 22 | | (c) A license is invalid upon expiration of the license, |
| 23 | | unless the licensee has submitted an application to renew the |
| 24 | | license, and the applicant is otherwise eligible to possess a |
| 25 | | license under this Act. |
| 26 | | (d) A licensee shall not carry a concealed firearm while |
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| 1 | | under the influence of alcohol, other drug or drugs, |
| 2 | | intoxicating compound or combination of compounds, or any |
| 3 | | combination thereof, under the standards set forth in |
| 4 | | subsection (a) of Section 11-501 of the Illinois Vehicle Code. |
| 5 | | A licensee in violation of this subsection (d) shall be |
| 6 | | guilty of a Class A misdemeanor for a first or second violation |
| 7 | | and a Class 4 felony for a third violation. The Department may |
| 8 | | suspend a license for up to 6 months for a second violation and |
| 9 | | shall permanently revoke a license for a third violation. |
| 10 | | (e) Except as otherwise provided, a licensee in violation |
| 11 | | of this Act shall be guilty of a Class B misdemeanor. A second |
| 12 | | or subsequent violation is a Class A misdemeanor. The |
| 13 | | Department may suspend a license for up to 6 months for a |
| 14 | | second violation and shall permanently revoke a license for 3 |
| 15 | | or more violations of Section 65 of this Act. Any person |
| 16 | | convicted of a violation under this Section shall pay a $150 |
| 17 | | fee to be deposited into the Mental Health Reporting Fund, plus |
| 18 | | any applicable court costs or fees. |
| 19 | | (f) A licensee convicted or found guilty of a violation of |
| 20 | | this Act who has a valid license and is otherwise eligible to |
| 21 | | carry a concealed firearm shall only be subject to the |
| 22 | | penalties under this Section and shall not be subject to the |
| 23 | | penalties under Section 21-6, paragraph (4), (8), or (10) of |
| 24 | | subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) |
| 25 | | of paragraph (3) of subsection (a) of Section 24-1.6 of the |
| 26 | | Criminal Code of 2012. Except as otherwise provided in this |
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| 1 | | subsection, nothing in this subsection prohibits the licensee |
| 2 | | from being subjected to penalties for violations other than |
| 3 | | those specified in this Act. |
| 4 | | (g) A licensee whose license is revoked, suspended, or |
| 5 | | denied shall, within 48 hours of receiving notice of the |
| 6 | | revocation, suspension, or denial, surrender his or her |
| 7 | | concealed carry license to the local law enforcement agency |
| 8 | | where the person resides. The local law enforcement agency |
| 9 | | shall provide the licensee a receipt and transmit the concealed |
| 10 | | carry license to the Department of State Police. If the |
| 11 | | licensee whose concealed carry license has been revoked, |
| 12 | | suspended, or denied fails to comply with the requirements of |
| 13 | | this subsection, the law enforcement agency where the person |
| 14 | | resides may petition the circuit court to issue a warrant to |
| 15 | | search for and seize the concealed carry license in the |
| 16 | | possession and under the custody or control of the licensee |
| 17 | | whose concealed carry license has been revoked, suspended, or |
| 18 | | denied. The observation of a concealed carry license in the |
| 19 | | possession of a person whose license has been revoked, |
| 20 | | suspended, or denied constitutes a sufficient basis for the |
| 21 | | arrest of that person for violation of this subsection. A |
| 22 | | violation of this subsection is a Class A misdemeanor. |
| 23 | | (h) A license issued or renewed under this Act shall be |
| 24 | | revoked if, at any time, the licensee is found ineligible for a |
| 25 | | Firearm Owner's Identification Card, or the licensee no longer |
| 26 | | possesses a valid Firearm Owner's Identification Card. A |
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| 1 | | licensee whose license is revoked under this subsection (h) |
| 2 | | shall surrender his or her concealed carry license as provided |
| 3 | | for in subsection (g) of this Section. |
| 4 | | This subsection shall not apply to a person who has filed |
| 5 | | an application with the State Police for renewal of a Firearm
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| 6 | | Owner's Identification Card and who is not otherwise ineligible |
| 7 | | to obtain a Firearm Owner's Identification Card.
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| 8 | | (i) A certified firearms instructor who knowingly provides |
| 9 | | or offers to provide a false certification that an applicant |
| 10 | | has completed firearms training as required under this Act is |
| 11 | | guilty of a Class A misdemeanor. A person guilty of a violation |
| 12 | | of this subsection (i) is not eligible for court supervision. |
| 13 | | The Department shall permanently revoke the firearms |
| 14 | | instructor certification of a person convicted under this |
| 15 | | subsection (i). |
| 16 | | (j) The Department of State Police shall suspend for 5 |
| 17 | | years the license of a person who has been convicted of a third |
| 18 | | violation of Section 24-4.1 of the Criminal Code of 2012. |
| 19 | | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899, |
| 20 | | eff. 8-15-14.)
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| 21 | | Section 15. The Criminal Code of 2012 is amended by |
| 22 | | changing Section 24-4.1 as follows:
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| 23 | | (720 ILCS 5/24-4.1)
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| 24 | | Sec. 24-4.1. Report of lost or stolen firearms.
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| 1 | | (a) If a person who possesses a valid Firearm Owner's |
| 2 | | Identification Card and who possesses or acquires a firearm |
| 3 | | thereafter loses the firearm, or if the firearm is stolen from |
| 4 | | the person, the person must report the loss or theft to the |
| 5 | | local law enforcement agency within 72 hours after obtaining |
| 6 | | knowledge of the loss or theft. |
| 7 | | (b) A law enforcement agency having jurisdiction shall take |
| 8 | | a written report and shall, as soon as practical, enter the |
| 9 | | firearm's serial number as stolen into the Law Enforcement |
| 10 | | Agencies Data System (LEADS). |
| 11 | | (c) A person shall not be in violation of this Section if: |
| 12 | | (1) the failure to report is due to an act of God, act |
| 13 | | of war, or inability of a law enforcement agency to receive |
| 14 | | the report; |
| 15 | | (2) the person is hospitalized, in a coma, or is |
| 16 | | otherwise seriously physically or mentally impaired as to |
| 17 | | prevent the person from reporting; or |
| 18 | | (3) the person's designee makes a report if the person |
| 19 | | is unable to make the report. |
| 20 | | (d) Sentence. A person who violates this Section is guilty |
| 21 | | of a petty offense for a first violation. A second or |
| 22 | | subsequent violation of this Section is a Class A misdemeanor. |
| 23 | | A third violation of this Section is a Class A misdemeanor and |
| 24 | | shall result in a 5 year suspension of the person's Firearm |
| 25 | | Owner's Identification Card under Section 8 of the Firearm |
| 26 | | Owners Identification Card Act and license under subsection (j) |