Bill Status of SB 1034   97th General Assembly

Short Description:  CONTROLLED SUBSTANCE-CATHINONE

Senate Sponsors
Sen. Jacqueline Y. Collins-Iris Y. Martinez-Dan Kotowski and Donne E. Trotter

House Sponsors
(Rep. Cynthia Soto-Jim Sacia-Luis Arroyo-Kelly M. Cassidy-JoAnn D. Osmond, Charles W. Krezwick, Karen May, Naomi D. Jakobsson, David Harris and Dennis M. Reboletti)


Last Action  View All Actions

DateChamber Action
  8/28/2012SenatePublic Act . . . . . . . . . 97-1131

Statutes Amended In Order of Appearance
720 ILCS 5/12-10from Ch. 38, par. 12-10

Synopsis As Introduced
Amends the Criminal Code of 1961. Makes a technical change in a Section concerning the offense of tattooing the body of a minor.

Senate Committee Amendment No. 1
Deletes reference to:
720 ILCS 5/12-10
Adds reference to:
720 ILCS 570/204from Ch. 56 1/2, par. 1204

Replaces everything after the enacting clause. Amends the Illinois Controlled Substances Act. Adds certain cathinone derivatives to the list of Schedule I controlled substances. Effective immediately.

House Committee Amendment No. 2
Deletes reference to:
720 ILCS 570/204
Adds reference to:
20 ILCS 2630/2.2 new
430 ILCS 65/2from Ch. 38, par. 83-2
430 ILCS 65/4from Ch. 38, par. 83-4
430 ILCS 65/6from Ch. 38, par. 83-6
430 ILCS 65/8from Ch. 38, par. 83-8
430 ILCS 65/8.1from Ch. 38, par. 83-8.1
430 ILCS 65/9from Ch. 38, par. 83-9
430 ILCS 65/10from Ch. 38, par. 83-10
430 ILCS 65/11from Ch. 38, par. 83-11
430 ILCS 65/13.2from Ch. 38, par. 83-13.2
430 ILCS 65/14from Ch. 38, par. 83-14
725 ILCS 5/104-26from Ch. 38, par. 104-26
725 ILCS 5/112A-11.1 new
725 ILCS 5/112A-11.2 new
725 ILCS 5/112A-14from Ch. 38, par. 112A-14
730 ILCS 5/5-6-3from Ch. 38, par. 1005-6-3
740 ILCS 21/80
750 ILCS 60/214from Ch. 40, par. 2312-14

Replaces everything after the enacting clause. Amends the Criminal Identification Act and the Code of Criminal Procedure of 1963. Establishes procedures for notifying the Department of State Police Firearm Owner's Identification Card Office of certain convictions for offenses that constitute domestic violence. Amends the Firearm Owners Identification Card Act. Provides that new residents, who are not otherwise prohibited from obtaining, possessing, or using a firearm, firearm ammunition, stun gun, or taser, shall have 60 calendar days from when they obtain an Illinois driver's license or State identification card to make application and obtain a Firearm Owner's Identification Card. Provides that during this 60 day period these new residents, who are not otherwise prohibited, may possess a firearm, firearm ammunition, stun gun, or taser but shall not transfer or purchase firearms or ammunition. Provides that for the purposes of the provisions providing for the denial of an application for and revocation and seizure of a Firearm Owner's Identification Card of a person convicted of domestic battery, aggravated domestic battery, or a substantially similar offense in another jurisdiction, if the applicant or person who has been issued a Firearm Owner's Identification Card knowingly and intelligently waives the right to have that offense tried by a jury, by guilty plea or otherwise, resulting in conviction for an offense in which a domestic relationship is not a defining element of the offense but in which a determination of domestic relationship is made under the Code of Criminal Procedure of 1963, an entry by the court of a judgment of conviction for that offense shall be grounds for denying the issuance of a Firearm Owner's Identification Card or for revoking and seizing a card previously issued. Provides that an applicant for a Firearm Owner's Identification Card must be a resident of Illinois, except for a person who is employed as a law enforcement officer, an armed security officer in Illinois, or by the United States Military permanently assigned in Illinois. Provides that it is grounds for the Department of State Police to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under the Act if the person is not a resident of Illinois. Provides that each applicant for a Firearm Owner's Identification Card, who is employed as a law enforcement officer, an armed security officer in Illinois, or by the United States Military permanently assigned in Illinois and who is not an Illinois resident, shall furnish to the Department of State Police his or her driver's license number or State Identification Card number. Provides that the court shall not issue an order directing the Department of State Police to issue a Firearm Owner's Identification Card when the Card has been denied, revoked, or seized because of certain specified violations and the petitioner is otherwise prohibited from obtaining, possessing, or using a firearm under federal law. Amends the Code of Criminal Procedure of 1963. In the statute that relates to the disposition of defendants suffering disabilities, provides that if the court imposes a sentence of imprisonment upon an offender who has a mental disability, the court shall direct the circuit court clerk to immediately notify the Department of State Police, Firearm Owner's Identification (FOID) department, and shall forward a copy of the court order to the Department. Amends the Stalking No Contact Order Act and the Illinois Domestic Violence Act of 1986 to make conforming changes.

 Judicial Note, House Committee Amendment No. 2 (Admin Office of the Illinois Courts)
 This bill would neither increase nor decrease the number of judges needed in the State.

 Land Conveyance Appraisal Note, House Committee Amendment No. 2 (Dept. of Transportation)
 No land conveyances are included in SB 1034 (H-AM 2), therefore, there are no appraisals to be filed.

 State Debt Impact Note, House Committee Amendment No. 2 (Government Forecasting & Accountability)
 SB 1034, as amended by House Amendment 2, would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

 Pension Note, House Committee Amendment No. 2 (Government Forecasting & Accountability)
 SB 1034, as amended by HA 2, will not impact any public pension fund or retirement system in Illinois.

 Correctional Note, House Committee Amendment No. 2 (Dept of Corrections)
 There are no penalty enhancements associated with SB 1034 (H-AM 2). The bill would have no fiscal or population impact on the Department.

 Fiscal Note, House Committee Amendment No. 2 (Illinois State Police)
 SB 1034 (H-AM 2) would bring the State of Illinois into compliance with State and federal law and secure Illinois' eligibility for the NICS Act Record Improvement Program (NARIP) Grant. The Illinois Criminal Justice Information Authority (ICJIA) determined the Illinois State Police was not eligible to apply for the FFY2011 $1.2 million grant; therefore, application was not made. The grant would enable the Illinois State Police to improve its access to records of mental health adjudications and commitments that prohibit individuals from processing or receiving firearms. The automation achieved from this grant would have allowed for electronic access of court records and streamlined the reporting of mental health records; thus, reducing the days law-abiding gun owners must wait for their FOID card or a firearms purchase.

 Balanced Budget Note, House Committee Amendment No. 2 (Office of Management and Budget)
 The fiscal impact of this bill is the potential for $1.2 million in additional federal funds. The changes made to existing code are not expected to have a significant cost attached. Overall, the bill is expected to impact the State positively at an estimated $1.2 million.

 Housing Affordability Impact Note, House Committee Amendment No. 2 (Housing Development Authority)
 This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.

 Home Rule Note, House Committee Amendment No. 2 (Dept. of Commerce & Economic Opportunity)
 SB 1034 (H-AM 2) does not pre-empt home rule authority.

 State Mandates Fiscal Note, House Committee Amendment No. 2 (Dept. of Commerce & Economic Opportunity)
 SB 1034 (H-AM 2) does not create a State mandate

House Floor Amendment No. 4
Adds reference to:
405 ILCS 5/6-103.1 new

Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended by House Amendment No.2 but: (1) provides that any person who becomes a resident of the State, who is not otherwise prohibited from obtaining, possessing, or using a firearm or firearm ammunition, shall not be required to have a Firearm Owner's Identification Card to possess firearms or firearms ammunition until 60 calendar days after he or she obtains an Illinois driver's license or Illinois Identification Card; (2) provides that if a person qualifies for a photograph exemption, in lieu of a photograph, the Firearm Owner's Identification Card shall contain a copy of the card holder's fingerprints; (3) provides that whenever any person moves from the residence address named on his or her card the person shall within 21 calendar days thereafter notify in a form and manner prescribed by the Department of State Police of his or her old and new residence addresses and the card number held by him or her; (4) provides that any person whose legal name has changed from the name on the card that he or she has been previously issued must apply for a corrected card within 30 calendar days after the change; (5) provides that the cost for a corrected card shall be $5 which shall be deposited into the Firearm Owner's Notification Fund; (6) amends the Mental Health and Developmental Disabilities Code to provides that when a person has been adjudicated as a mental defective as defined in the Firearm Owners Identification Card Act, the court shall direct the circuit court clerk to immediately notify the Department of State Police, Firearm Owner's Identification (FOID) Office, in a form and manner prescribed by the Department of State Police, and shall forward a copy of the court order to the Department; (7) in the amendatory changes to the Firearm Owners Identification Card Act, provides that only a person who is 21 years of age or older who seeks a religious exemption to the photograph requirement must submit a copy of United States Department of the Treasury Internal Revenue Service Form 4029; and (8) makes other changes relating to notifying the Department of State Police of persons convicted of certain domestic violence offenses.

Actions 
DateChamber Action
  2/8/2011SenateFiled with Secretary by Sen. John J. Cullerton
  2/8/2011SenateFirst Reading
  2/8/2011SenateReferred to Assignments
  3/8/2011SenateAssigned to Criminal Law
  3/8/2011SenateChief Sponsor Changed to Sen. Jacqueline Y. Collins
  3/14/2011SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Jacqueline Y. Collins
  3/14/2011SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/15/2011SenateSenate Committee Amendment No. 1 Assignments Refers to Criminal Law
  3/17/2011SenateSenate Committee Amendment No. 1 Adopted
  3/17/2011SenateDo Pass as Amended Criminal Law; 008-000-000
  3/17/2011SenatePlaced on Calendar Order of 2nd Reading March 29, 2011
  4/6/2011SenateAdded as Chief Co-Sponsor Sen. Wm. Sam McCann
  4/8/2011SenateSecond Reading
  4/8/2011SenatePlaced on Calendar Order of 3rd Reading April 11, 2011
  4/12/2011SenateThird Reading - Passed; 056-000-000
  4/12/2011HouseArrived in House
  4/12/2011HousePlaced on Calendar Order of First Reading
  4/12/2011HouseChief House Sponsor Rep. Karen A. Yarbrough
  4/12/2011HouseFirst Reading
  4/12/2011HouseReferred to Rules Committee
  4/14/2011HouseAssigned to Executive Committee
  5/5/2011HouseAdded Alternate Chief Co-Sponsor Rep. Dwight Kay
  5/5/2011HouseAlternate Chief Co-Sponsor Removed Rep. Dwight Kay
  5/13/2011HouseCommittee Deadline Extended-Rule 9(b) May 20, 2011
  5/20/2011HouseFinal Action Deadline Extended-9(b) May 27, 2011
  5/27/2011HouseFinal Action Deadline Extended-9(b) May 31, 2011
  5/29/2011HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Barbara Flynn Currie
  5/29/2011HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  5/29/2011HouseHouse Committee Amendment No. 1 In line by 3PM. Timely filed in accordance with House Rule 18(e)
  5/29/2011HouseHouse Committee Amendment No. 1 Rules Refers to Executive Committee
  5/31/2011HouseRule 19(a) / Re-referred to Rules Committee
  5/31/2011HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  5/4/2012HouseAlternate Chief Sponsor Changed to Rep. Cynthia Soto
  5/7/2012HouseCommittee Deadline Extended-Rule 9(b) May 18, 2012
  5/7/2012HouseAssigned to Executive Committee
  5/11/2012HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Cynthia Soto
  5/11/2012HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  5/14/2012HouseHouse Committee Amendment No. 2 Rules Refers to Executive Committee
  5/15/2012HouseHouse Committee Amendment No. 2 Judicial Note Filed as Amended
  5/15/2012HouseHouse Committee Amendment No. 2 Land Conveyance Appraisal Note Filed as Amended
  5/15/2012HouseHouse Committee Amendment No. 2 State Debt Impact Note Filed as Amended
  5/15/2012HouseHouse Committee Amendment No. 2 Pension Note Filed as Amended
  5/16/2012HouseHouse Committee Amendment No. 2 Correctional Note Filed as Amended
  5/16/2012HouseHouse Committee Amendment No. 2 Fiscal Note Filed as Amended
  5/16/2012HouseHouse Committee Amendment No. 2 Adopted in Executive Committee; by Voice Vote
  5/16/2012HouseDo Pass as Amended / Short Debate Executive Committee; 007-004-000
  5/17/2012HousePlaced on Calendar 2nd Reading - Short Debate
  5/17/2012HouseAdded Alternate Chief Co-Sponsor Rep. Jim Sacia
  5/17/2012HouseAdded Alternate Chief Co-Sponsor Rep. Luis Arroyo
  5/17/2012HouseHouse Committee Amendment No. 2 Balanced Budget Note Filed as Amended
  5/17/2012HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Cynthia Soto
  5/17/2012HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  5/18/2012SenateSponsor Removed Sen. Wm. Sam McCann
  5/18/2012HouseHouse Committee Amendment No. 2 Housing Affordability Impact Note Filed as Amended
  5/21/2012HouseHouse Floor Amendment No. 3 Rules Refers to Executive Committee
  5/21/2012HouseSecond Reading - Short Debate
  5/21/2012HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/21/2012HouseAdded Alternate Chief Co-Sponsor Rep. Kelly M. Cassidy
  5/21/2012HouseAdded Alternate Co-Sponsor Rep. Charles W. Krezwick
  5/21/2012HouseHouse Committee Amendment No. 2 Home Rule Note Filed as Amended
  5/21/2012HouseHouse Committee Amendment No. 2 State Mandates Fiscal Note Filed as Amended
  5/21/2012HouseAdded Alternate Co-Sponsor Rep. Karen May
  5/21/2012HouseAdded Alternate Co-Sponsor Rep. Naomi D. Jakobsson
  5/22/2012HouseAdded Alternate Chief Co-Sponsor Rep. JoAnn D. Osmond
  5/24/2012HouseAdded Alternate Co-Sponsor Rep. David Harris
  5/25/2012HouseHouse Floor Amendment No. 4 Filed with Clerk by Rep. Cynthia Soto
  5/25/2012HouseHouse Floor Amendment No. 4 Referred to Rules Committee
  5/25/2012HouseFinal Action Deadline Extended-9(b) May 31, 2012
  5/28/2012HouseHouse Floor Amendment No. 4 Rules Refers to Executive Committee
  5/28/2012HouseHouse Floor Amendment No. 4 Recommends Be Adopted Executive Committee; 011-000-000
  5/29/2012SenateAdded as Chief Co-Sponsor Sen. Iris Y. Martinez
  5/29/2012HouseRecalled to Second Reading - Short Debate
  5/29/2012HouseHouse Floor Amendment No. 4 Adopted by Voice Vote
  5/29/2012HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/30/2012SenateAdded as Chief Co-Sponsor Sen. Dan Kotowski
  5/30/2012HouseAdded Alternate Co-Sponsor Rep. Dennis M. Reboletti
  5/30/2012HouseThird Reading - Short Debate - Passed 118-000-000
  5/30/2012HouseHouse Floor Amendment No. 3 Tabled Pursuant to Rule 40
  5/30/2012SenateSecretary's Desk - Concurrence House Amendment(s) 2, 4
  5/30/2012SenatePlaced on Calendar Order of Concurrence House Amendment(s) 2, 4 - May 31, 2012
  5/30/2012SenateHouse Committee Amendment No. 2 Motion to Concur Filed with Secretary Sen. Jacqueline Y. Collins
  5/30/2012SenateHouse Committee Amendment No. 2 Motion to Concur Referred to Assignments
  5/30/2012SenateHouse Floor Amendment No. 4 Motion to Concur Filed with Secretary Sen. Jacqueline Y. Collins
  5/30/2012SenateHouse Floor Amendment No. 4 Motion to Concur Referred to Assignments
  5/30/2012SenateHouse Committee Amendment No. 2 Motion to Concur Assignments Referred to Criminal Law
  5/30/2012SenateHouse Floor Amendment No. 4 Motion to Concur Assignments Referred to Criminal Law
  5/30/2012SenateHouse Committee Amendment No. 2 Motion To Concur Recommended Do Adopt Criminal Law; 007-000-000
  5/30/2012SenateHouse Floor Amendment No. 4 Motion To Concur Recommended Do Adopt Criminal Law; 007-000-000
  5/31/2012SenateAdded as Co-Sponsor Sen. Donne E. Trotter
  5/31/2012SenateHouse Committee Amendment No. 2 Senate Concurs 059-000-000
  5/31/2012SenateHouse Floor Amendment No. 4 Senate Concurs 059-000-000
  5/31/2012SenatePassed Both Houses
  6/29/2012SenateSent to the Governor
  8/28/2012SenateGovernor Approved
  8/28/2012SenateEffective Date January 1, 2013
  8/28/2012SenatePublic Act . . . . . . . . . 97-1131

Back To Top