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Judiciary I - Civil Law Committee
Filed: 3/9/2005
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09400HB0183ham001 |
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LRB094 03906 RLC 41904 a |
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| AMENDMENT TO HOUSE BILL 183
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| AMENDMENT NO. ______. Amend House Bill 183 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Firearm Owners Identification Card Act is |
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| amended by changing Section 10 as follows:
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| (430 ILCS 65/10) (from Ch. 38, par. 83-10)
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| Sec. 10. (a) Whenever an application for a Firearm Owner's |
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| Identification
Card is denied, whenever the Department fails to |
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| act on an application
within 30 days of its receipt, or |
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| whenever such a Card is revoked or seized
as provided for in |
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| Section 8 of this Act, the aggrieved party may
appeal
to the |
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| Director of the Department of State Police for a hearing upon
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| such denial, revocation or seizure, unless the denial, |
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| revocation, or seizure
was based upon a forcible felony, |
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| stalking, aggravated stalking, domestic
battery, any violation |
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| of either the Illinois Controlled Substances Act or the
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| Cannabis Control Act that is classified as a Class 2 or greater |
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| felony,
any
felony violation of Article 24 of the Criminal Code |
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| of 1961, or any
adjudication as a delinquent minor for the |
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| commission of an
offense that if committed by an adult would be |
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| a felony, in which case the
aggrieved party may petition the |
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| circuit court in writing in the county of
his or her residence |
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| for a hearing upon such denial, revocation, or seizure.
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| (b) At least 30 days before any hearing in the circuit |
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09400HB0183ham001 |
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LRB094 03906 RLC 41904 a |
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| court, the
petitioner shall serve the
relevant State's Attorney |
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| of the county where the petition is brought and the State's |
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| Attorney of the county where the conviction occurred
with a |
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| copy of the petition. The State's Attorney of the county where |
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| the petition is brought
may object to the petition and present |
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| evidence. At the hearing the court
shall
determine whether |
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| substantial justice has been done. Should the court
determine |
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| that substantial justice has not been done, the court shall |
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| issue an
order directing the Department of State Police to |
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| issue a Card.
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| (c) Any person prohibited from possessing a firearm under |
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| Sections 24-1.1
or 24-3.1 of the Criminal Code of 1961 or |
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| acquiring a Firearm Owner's
Identification Card under Section 8 |
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| of this Act may apply to
the Director
of the Department of |
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| State Police
or petition the circuit court in the county where |
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| the petitioner resides,
whichever is applicable in accordance |
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| with subsection (a) of this Section,
requesting relief
from |
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| such prohibition and the Director or court may grant such |
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| relief if it
is
established by the applicant to the court's or |
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| Director's satisfaction
that:
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| (0.05) when in the circuit court, the State's Attorney |
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| of the county where the petition was brought
has been |
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| served
with a written
copy of the
petition at least 30 days |
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| before any such hearing in the circuit court and at
the |
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| hearing the
State's Attorney of the county where the |
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| petition was brought
was afforded an opportunity to present |
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| evidence and object to
the petition;
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| (1) the applicant has not been convicted of a forcible |
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| felony under the
laws of this State or any other |
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| jurisdiction within 20 years of the
applicant's |
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| application for a Firearm Owner's Identification Card, or |
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| at
least 20 years have passed since the end of any period |
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| of imprisonment
imposed in relation to that conviction;
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| (2) the circumstances regarding a criminal conviction, |
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09400HB0183ham001 |
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LRB094 03906 RLC 41904 a |
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| where applicable,
the applicant's criminal history and his |
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| reputation are such that the applicant
will not be likely |
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| to act in a manner dangerous to public safety; and
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| (3) granting relief would not be contrary to the public |
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| interest.
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| (d) When a minor is adjudicated delinquent for an offense |
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| which if
committed by an adult would be a felony, the court |
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| shall notify the Department
of State Police.
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| (e) The court shall review the denial of an application or |
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| the revocation of
a Firearm Owner's Identification Card of a |
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| person who has been adjudicated
delinquent for an offense that |
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| if
committed by an adult would be a felony if an
application |
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| for relief has been filed at least 10 years after the |
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| adjudication
of delinquency and the court determines that the |
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| applicant should be
granted relief from disability to obtain a |
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| Firearm Owner's Identification Card.
If the court grants |
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| relief, the court shall notify the Department of State
Police |
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| that the disability has
been removed and that the applicant is |
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| eligible to obtain a Firearm Owner's
Identification Card.
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| (Source: P.A. 92-442, eff. 8-17-01; 93-367, eff. 1-1-04.)".
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