Illinois General Assembly - Full Text of SB0504
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Full Text of SB0504  102nd General Assembly

SB0504 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0504

 

Introduced 2/23/2021, by Sen. Donald P. DeWitte

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/9.5
725 ILCS 5/113-4  from Ch. 38, par. 113-4

    Amends the Firearm Owners Identification Card Act. Provides that a person who receives a revocation notice under the Act and refuses to surrender his or her Firearm Owner's Identification Card to the local law enforcement agency where the person resides and complete a Firearm Disposition Record within 48 hours commits a Class 2 felony when he or she has been admonished by the court under the Code of Criminal Procedure regarding his or her inability to own or possess firearms or firearm ammunition. Amends the Code of Criminal Procedure of 1963. Provides that if the defendant pleads guilty to any felony offense, domestic battery, aggravated domestic battery, or any other offense which would prohibit the defendant from acquiring or possessing firearms or firearm ammunition, the plea shall not be accepted until the defendant signs a written acknowledgment indicating whether the defendant is currently in possession of any firearms, that the defendant understands he or she cannot own or possess a firearm or firearm ammunition under State and federal law, and that any firearms in his or her possession must be confiscated by the local law enforcement agency where the defendant resides in accordance with the Firearm Owners Identification Card Act. Makes other changes. Effective immediately.


LRB102 04464 RLC 14482 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0504LRB102 04464 RLC 14482 b

1    AN ACT concerning firearms.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Section 9.5 as follows:
 
6    (430 ILCS 65/9.5)
7    Sec. 9.5. Revocation of Firearm Owner's Identification
8Card.
9    (a) A person who receives a revocation notice under
10Section 9 of this Act shall, within 48 hours of receiving
11notice of the revocation:
12        (1) surrender his or her Firearm Owner's
13    Identification Card to the local law enforcement agency
14    where the person resides. The local law enforcement agency
15    shall provide the person a receipt and transmit the
16    Firearm Owner's Identification Card to the Department of
17    State Police; and
18        (2) complete a Firearm Disposition Record on a form
19    prescribed by the Department of State Police and place his
20    or her firearms in the location or with the person
21    reported in the Firearm Disposition Record. The form shall
22    require the person to disclose:
23            (A) the make, model, and serial number of each

 

 

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1        firearm owned by or under the custody and control of
2        the revoked person;
3            (B) the location where each firearm will be
4        maintained during the prohibited term; and
5            (C) if any firearm will be transferred to the
6        custody of another person, the name, address and
7        Firearm Owner's Identification Card number of the
8        transferee.
9    (b) The local law enforcement agency shall provide a copy
10of the Firearm Disposition Record to the person whose Firearm
11Owner's Identification Card has been revoked and to the
12Department of State Police.
13    (c) If the person whose Firearm Owner's Identification
14Card has been revoked fails to comply with the requirements of
15this Section, the sheriff or law enforcement agency where the
16person resides may petition the circuit court to issue a
17warrant to search for and seize the Firearm Owner's
18Identification Card and firearms in the possession or under
19the custody or control of the person whose Firearm Owner's
20Identification Card has been revoked.
21    (c-5) If the Illinois State Police has not received the
22Firearm Disposition Record within 5 business days after
23sending notice under Section 9, the Illinois State Police must
24send a second notice to the sheriff and law enforcement agency
25where the person resides, in addition to the individual's
26residence. The second notice shall include the requirements

 

 

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1under this Section. Upon receiving the second notice, the
2sheriff or law enforcement agency shall report to the Illinois
3State Police the status and efforts pursued regarding
4compliance under this Section, in a form prescribed by the
5Illinois State Police. Provided the sheriff or law enforcement
6agency does not provide information detailing the submission
7of a Firearm Disposition Record within 5 days of the second
8notice, the Illinois State Police may request that the circuit
9court issue an arrest warrant for the individual who has
10failed to submit a Firearm Disposition Record.
11    (d) A violation of subsection (a) of this Section is a
12Class A misdemeanor. A violation of subsection (a) of this
13Section is a Class 2 felony when the defendant has been
14admonished by the court under Section 113-4 of the Code of
15Criminal Procedure regarding his or her inability to own or
16possess firearms or firearm ammunition.
17    (e) The observation of a Firearm Owner's Identification
18Card in the possession of a person whose Firearm Owner's
19Identification Card has been revoked constitutes a sufficient
20basis for the arrest of that person for violation of this
21Section.
22    (f) Within 30 days after the effective date of this
23amendatory Act of the 98th General Assembly, the Department of
24State Police shall provide written notice of the requirements
25of this Section to persons whose Firearm Owner's
26Identification Cards have been revoked, suspended, or expired

 

 

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1and who have failed to surrender their cards to the
2Department. Within 30 days after the effective date of this
3amendatory Act of the 102nd General Assembly, and by January
431 of each year thereafter, the Illinois State Police shall
5provide written notice of the requirements of this Section to
6every sheriff and law enforcement agency within this State.
7    (g) A person whose Firearm Owner's Identification Card has
8been revoked and who received notice under subsection (f)
9shall comply with the requirements of this Section within 48
10hours of receiving notice.
11(Source: P.A. 98-63, eff. 7-9-13.)
 
12    Section 10. The Code of Criminal Procedure of 1963 is
13amended by changing Section 113-4 as follows:
 
14    (725 ILCS 5/113-4)  (from Ch. 38, par. 113-4)
15    Sec. 113-4. Plea.
16    (a) When called upon to plead at arraignment the defendant
17shall be furnished with a copy of the charge and shall plead
18guilty, guilty but mentally ill, or not guilty.
19    (b) If the defendant stands mute a plea of not guilty shall
20be entered for him and the trial shall proceed on such plea.
21    (c) If the defendant pleads guilty such plea shall not be
22accepted until the court shall have fully explained to the
23defendant the following:
24        (1) the maximum and minimum penalty provided by law

 

 

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1    for the offense which may be imposed by the court;
2        (2) as a consequence of a conviction or a plea of
3    guilty, the sentence for any future conviction may be
4    increased or there may be a higher possibility of the
5    imposition of consecutive sentences;
6        (3) as a consequence of a conviction or a plea of
7    guilty, there may be registration requirements that
8    restrict where the defendant may work, live, or be
9    present; and
10        (4) as a consequence of a conviction or a plea of
11    guilty, there may be an impact upon the defendant's
12    ability to, among others:
13            (A) retain or obtain housing in the public or
14        private market;
15            (B) retain or obtain employment; and
16            (C) retain or obtain a firearm, an occupational
17        license, or a driver's license.
18    After such explanation if the defendant understandingly
19persists in his plea it shall be accepted by the court and
20recorded.
21    (c-5) If the defendant pleads guilty to any felony
22offense, domestic battery, aggravated domestic battery, or any
23other offense which would prohibit the defendant from
24acquiring or possessing firearms or firearm ammunition, the
25plea shall not be accepted until the defendant signs a written
26acknowledgment indicating whether the defendant is currently

 

 

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1in possession of any firearms, that the defendant understands
2he or she cannot own or possess a firearm or firearm ammunition
3under State and federal law, and that any firearms in his or
4her possession must be confiscated by the local law
5enforcement agency where the defendant resides in accordance
6with Section 9.5 of the Firearm Owners Identification Card
7Act.
8    (d) If the defendant pleads guilty but mentally ill, the
9court shall not accept such a plea until the defendant has
10undergone examination by a clinical psychologist or
11psychiatrist and the judge has examined the psychiatric or
12psychological report or reports, held a hearing on the issue
13of the defendant's mental condition and is satisfied that
14there is a factual basis that the defendant was mentally ill at
15the time of the offense to which the plea is entered.
16    (e) If a defendant pleads not guilty, the court shall
17advise him at that time or at any later court date on which he
18is present that if he escapes from custody or is released on
19bond and fails to appear in court when required by the court
20that his failure to appear would constitute a waiver of his
21right to confront the witnesses against him and trial could
22proceed in his absence.
23(Source: P.A. 99-871, eff. 1-1-17.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.