Bill Status of SB 836   99th General Assembly

Short Description:  MHDD CD-FOID CARD ACT

Senate Sponsors
Sen. John M. Sullivan-Tim Bivins-Gary Forby, Dale A. Righter, Dave Syverson, Neil Anderson and Jason A. Barickman

House Sponsors
(Rep. Brandon W. Phelps-Ed Sullivan-John D. Anthony-Patrick J. Verschoore-John Cavaletto and Daniel V. Beiser)


Last Action  View All Actions

DateChamber Action
  7/10/2015SenatePublic Act . . . . . . . . . 99-0029

Statutes Amended In Order of Appearance
430 ILCS 65/8.1from Ch. 38, par. 83-8.1

Synopsis As Introduced
Amends the Firearm Owners Identification Card Act. Makes a technical change in a Section concerning notification of dispositions of certain criminal cases.

Senate Committee Amendment No. 1
Deletes reference to:
430 ILCS 65/8.1
Adds reference to:
405 ILCS 5/6-103.2
405 ILCS 5/6-103.3
430 ILCS 65/1.1from Ch. 38, par. 83-1.1
430 ILCS 65/10from Ch. 38, par. 83-10
740 ILCS 110/12from Ch. 91 1/2, par. 812

Replaces everything after the enacting clause. Amends the Mental Health and Developmental Disabilities Code. Provides that if a person 14 years old or older is determined to be developmentally disabled by a physician, clinical psychologist, or qualified examiner, the physician, clinical psychologist, or qualified examiner shall notify the Department of Human Services within 7 days (rather than 24 hours) of making the determination that the person has a developmental disability. Defines "developmental disability" and "determined by a physician, clinical psychologist, or qualified examiner". Amends the Firearm Owners Identification Card Act. Changes definition of "developmental disability". Provides that an applicant for a Firearm Owner's Identification Card, who is denied, revoked, or has his or her Firearm Owner's Identification Card seized based upon a determination of a developmental disability or an intellectual disability may apply to the Director of State Police requesting relief. Provides that the Director shall act on the request for relief within 60 business days of receipt of written certification, in the form prescribed by the Director, from a physician or clinical psychologist, or qualified examiner, that the aggrieved party's developmental disability or intellectual disability condition is determined by a physician, clinical psychologist, or qualified to be mild. Provides that if a fact-finding conference is scheduled to obtain additional information concerning the circumstances of the denial or revocation, the 60 business days the Director has to act shall be tolled until the completion of the fact-finding conference. Provides that the Director may grant relief if the aggrieved party's developmental disability or intellectual disability is mild as determined by a physician, clinical psychologist, or qualified examiner and it is established by the applicant to the Director's satisfaction that: (1) granting relief would not be contrary to the public interest; and (2) granting relief would not be contrary to federal law. Provides that the Director may not grant relief if the condition is determined by a physician, clinical psychologist, or qualified examiner to be moderate, severe, or profound. Amends the Mental Health and Developmental Disabilities Confidentiality Act to make a conforming change. Provides that the amendatory Act applies to requests for relief pending on or before the effective date of the amendatory Act, except that the 60-day period for the Director to act on requests pending before the effective date begins on the effective date of the amendatory Act. Effective immediately.

House Floor Amendment No. 1
Adds reference to:
430 ILCS 65/2from Ch. 38, par. 83-2
430 ILCS 65/3from Ch. 38, par. 83-3
430 ILCS 65/3afrom Ch. 38, par. 83-3a
430 ILCS 66/10
430 ILCS 66/30
430 ILCS 66/55
430 ILCS 66/65
720 ILCS 5/24-3from Ch. 38, par. 24-3

Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Further amends the Firearm Owners Identification Card Act. Allows a person to acquire or possess a firearm or firearm ammunition with only a valid concealed carry license in his or her possession (rather than must have a valid FOID card in his or her possession). Provides the changes made in the appeal to the Director of State Police regarding disqualification for a developmental disability or intellectual disability by this amendatory Act apply to requests for relief pending on or before the effective date of this amendatory Act, except that the 60-day period for the Director to act on requests pending before the effective date shall begin on the effective date of this amendatory Act. Provides that nothing in the definition of "gun show" shall be construed to exclude a gun show held in conjunction with competitive shooting events at the World Shooting Complex sanctioned by a national governing body in which the sale or transfer of firearms is authorized under the Criminal Code of 2012. Provides that any non-resident registered competitor or attendee of a competitive shooting event held at the World Shooting Complex sanctioned by a national governing body, who is not prohibited by the laws of Illinois, the state of his or her domicile, or the United States from obtaining, possessing, or using a firearm may purchase or obtain a rifle, shotgun, or other long gun or ammunition for a rifle, shotgun, or other long gun at the competitive shooting event. Provides that a competitor or attendee of a competitive shooting event who does not wish to purchase a firearm at the event is not required to register or have his or her name appear on a list of registered competitors and attendees provided to the Department of State Police by the sanctioning body. Amends the Criminal Code of 2012. Provides that waiting period for the delivery of a firearm after application for its purchase has been made does not apply to the transfer or sale of any rifle, shotgun, or other long gun to a resident registered competitor or attendee or non-resident registered competitor or attendee by any dealer licensed as a federal firearms dealer under the federal Gun Control Act of 1968 at competitive shooting events held at the World Shooting Complex sanctioned by a national governing body. Provides that the Department of Natural Resources shall give notice to the Department of State Police at least 30 calendar days prior to any competitive shooting events at the World Shooting Complex sanctioned by a national governing body. Provides that the sanctioning body shall provide a list of all registered competitors and attendees at least 24 hours before the events to the Department of State Police. Provides that any changes to the list of registered competitors and attendees shall be forwarded to the Department of State Police as soon as practicable. Amends the Firearm Concealed Carry Act. Provides that the disclosure requirement during an investigative stop is satisfied if the licensee presents his or her license to the officer or the non-resident presents to the officer evidence that he or she is qualified to carry under the Act. Provides that upon the request of the officer, the licensee or non-resident shall also identify the location of the concealed firearm and permit the officer to safely secure the firearm for the duration of the investigative stop. Provides that if a licensee carrying a firearm or a non-resident carrying a firearm in a vehicle is contacted by a law enforcement officer or emergency services personnel, the law enforcement officer or emergency services personnel may secure the firearm or direct that it be secured during the duration of the contact if the law enforcement officer or emergency services personnel determines that it is necessary for the safety of any person present, including the law enforcement officer or emergency services personnel. Provides that the licensee or nonresident shall submit to the order to secure the firearm. Provides that when the law enforcement officer or emergency services personnel have determined that the licensee or non-resident is not a threat to the safety of any person present, including the law enforcement officer or emergency services personnel, and if the licensee or non-resident is physically and mentally capable of possessing the firearm, the law enforcement officer or emergency services personnel shall return the firearm to the licensee or non-resident before releasing him or her from the scene and breaking contact. If the licensee or non-resident is transported for treatment to another location, the firearm shall be turned over to any peace officer. The peace officer shall provide a receipt which includes the make, model, caliber, and serial number of the firearm. In the provision that a licensee may carry a concealed firearm in the immediate area surrounding his or her vehicle within a prohibited parking lot area only for the limited purpose of storing or retrieving a firearm within the vehicle's trunk, deletes language that the licensee must ensure that the concealed firearm is unloaded prior to exiting the vehicle. Provides that the waiver of the applicant's privacy and confidentiality rights and privileges under federal and State laws only applies to records sought in connection with determining whether the applicant qualifies for a license to carry a concealed firearm under the Act, or whether the applicant remains in compliance with the Firearm Owners Identification Card Act. Provides the Department of State Police may require (rather than the licensee shall submit) a notarized statement that the licensee has changed his or her address or name. Amends the Criminal Code of 2012. Provides that the exception from the waiting period for acquiring a firearm after application for its purchase has been made in relation to mail order purchases by non-residents only applies to a mail order sale of a firearm from a federally licensed firearms dealer to a nonresident of Illinois under which the firearm is mailed to a federally licensed firearms dealer outside the boundaries of Illinois. Provides that nothing in the waiting period provision relieves a federally licensed firearm dealer from the requirements of conducting a NICS background check through the Illinois Point of Contact under the federal Gun Control Act of 1968. Provides that the Department of State Police must destroy the list of registered competitors and attendees at competitive shooting events held at the World Shooting Complex sanctioned by a national governing body no later than 30 days after the date of the event. Effective immediately.

House Floor Amendment No. 2
Adds reference to:
720 ILCS 5/24-1from Ch. 38, par. 24-1

Further amends the Criminal Code of 2012. Provides that the offense of unlawful use of weapons concerning the carrying or possession of firearms in any vehicle or concealed on or about one's person or on or about one's person, upon any public street, alley, or other public lands within the corporate limits of a city, village, or incorporated town does not apply to or affect transportation of weapons that are carried or possessed in accordance with the Firearm Concealed Carry Act by a person who has been issued a currently valid license under the Firearm Concealed Carry Act.

Actions 
DateChamber Action
  2/11/2015SenateFiled with Secretary by Sen. John M. Sullivan
  2/11/2015SenateFirst Reading
  2/11/2015SenateReferred to Assignments
  3/17/2015SenateAssigned to Judiciary
  3/20/2015SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. John M. Sullivan
  3/20/2015SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/24/2015SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  3/24/2015SenateSenate Committee Amendment No. 1 Adopted
  3/24/2015SenateDo Pass as Amended Judiciary; 011-000-000
  3/24/2015SenatePlaced on Calendar Order of 2nd Reading March 25, 2015
  3/25/2015SenateSecond Reading
  3/25/2015SenatePlaced on Calendar Order of 3rd Reading March 26, 2015
  4/16/2015SenateThird Reading - Passed; 051-000-000
  4/16/2015HouseArrived in House
  4/16/2015HouseChief House Sponsor Rep. Chad Hays
  4/16/2015HouseFirst Reading
  4/16/2015HouseReferred to Rules Committee
  4/27/2015HouseAssigned to Judiciary - Criminal Committee
  4/28/2015HouseAlternate Chief Sponsor Changed to Rep. Brandon W. Phelps
  5/8/2015HouseCommittee Deadline Extended-Rule 9(b) May 15, 2015
  5/14/2015HouseDo Pass / Short Debate Judiciary - Criminal Committee; 011-001-000
  5/14/2015HousePlaced on Calendar 2nd Reading - Short Debate
  5/14/2015HouseAdded Alternate Chief Co-Sponsor Rep. John D. Anthony
  5/18/2015HouseSecond Reading - Short Debate
  5/18/2015HouseHeld on Calendar Order of Second Reading - Short Debate
  5/20/2015HouseAdded Alternate Co-Sponsor Rep. John Cavaletto
  5/22/2015HouseFinal Action Deadline Extended-9(b) May 31, 2015
  5/26/2015HouseAdded Alternate Chief Co-Sponsor Rep. Ed Sullivan
  5/26/2015HouseAdded Alternate Chief Co-Sponsor Rep. Patrick J. Verschoore
  5/26/2015HouseAdded Alternate Chief Co-Sponsor Rep. John Cavaletto
  5/26/2015HouseAlternate Co-Sponsor Removed Rep. John Cavaletto
  5/28/2015HouseAdded Alternate Co-Sponsor Rep. Daniel V. Beiser
  5/29/2015HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Brandon W. Phelps
  5/29/2015HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  5/29/2015HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  5/29/2015HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Brandon W. Phelps
  5/29/2015HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  5/29/2015HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 005-000-000
  5/29/2015HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary - Criminal Committee; 010-002-001
  5/30/2015HouseHouse Floor Amendment No. 1 Adopted
  5/30/2015HouseHouse Floor Amendment No. 2 Adopted
  5/30/2015HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/30/2015HouseThird Reading - Short Debate - Passed 084-023-003
  5/30/2015SenateAdded as Chief Co-Sponsor Sen. Tim Bivins
  5/30/2015SenateAdded as Chief Co-Sponsor Sen. Gary Forby
  5/30/2015SenateSecretary's Desk - Concurrence House Amendment(s) 1, 2
  5/30/2015SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1, 2 - May 31, 2015
  5/30/2015SenateHouse Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. John M. Sullivan
  5/30/2015SenateHouse Floor Amendment No. 1 Motion to Concur Referred to Assignments
  5/30/2015SenateHouse Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. John M. Sullivan
  5/30/2015SenateHouse Floor Amendment No. 2 Motion to Concur Referred to Assignments
  5/30/2015SenateHouse Floor Amendment No. 1 Motion to Concur Assignments Referred to Judiciary
  5/30/2015SenateHouse Floor Amendment No. 2 Motion to Concur Assignments Referred to Judiciary
  5/31/2015SenateHouse Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary; 007-001-002
  5/31/2015SenateHouse Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Judiciary; 007-001-002
  5/31/2015SenateAdded as Co-Sponsor Sen. Dale A. Righter
  5/31/2015SenateHouse Floor Amendment No. 1 Senate Concurs 043-008-005
  5/31/2015SenateHouse Floor Amendment No. 2 Senate Concurs 043-008-005
  5/31/2015SenateAdded as Co-Sponsor Sen. Dave Syverson
  5/31/2015SenateAdded as Co-Sponsor Sen. Neil Anderson
  5/31/2015SenateAdded as Co-Sponsor Sen. Jason A. Barickman
  5/31/2015SenateSenate Concurs 043-008-005
  5/31/2015SenatePassed Both Houses
  6/29/2015SenateSent to the Governor
  7/10/2015SenateGovernor Approved
  7/10/2015SenateEffective Date July 10, 2015
  7/10/2015SenatePublic Act . . . . . . . . . 99-0029

Back To Top