Illinois General Assembly - Full Text of HB5554
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Full Text of HB5554  103rd General Assembly

HB5554 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5554

 

Introduced 2/9/2024, by Rep. Mary Gill

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/9.5
625 ILCS 5/6-103  from Ch. 95 1/2, par. 6-103

    Amends the Firearm Owners Identification Card Act. Provides that a person who fails to surrender a revoked Firearm Owner's Identification Card may not be issued a driver's license, renew a driver's license, retain a driver's license, or be issued a permit under the Illinois Vehicle Code. Provides that within 180 days after the date of revocation of an individual's Firearm Owner's Identification Card, the Illinois State Police shall provide the Secretary of State with a notice that the individual has failed to comply with the provisions. Amends the Illinois Vehicle Code. Makes corresponding changes. Allows the Secretary to issue, renew, or allow the retention of a driver's license or issue a permit if: (i) the applicant's Firearm Owner's Identification Card is successfully reinstated; or (ii) the applicant surrenders possession of the Firearm Owner's Identification Card to the State Police or to the local law enforcement agency where the applicant resides.


LRB103 36874 MXP 66986 b

 

 

A BILL FOR

 

HB5554LRB103 36874 MXP 66986 b

1    AN ACT concerning transportation.
 
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 or to the Illinois State Police;
15    and
16        (2) complete a Firearm Disposition Record on a form
17    prescribed by the Illinois State Police and place his or
18    her firearms in the location or with the person reported
19    in the Firearm Disposition Record. The form shall require
20    the person to disclose:
21            (A) the make, model, and serial number of each
22        firearm owned by or under the custody and control of
23        the revoked person;

 

 

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1            (B) the location where each firearm will be
2        maintained during the prohibited term;
3            (C) if any firearm will be transferred to the
4        custody of another person, the name, address and
5        Firearm Owner's Identification Card number of the
6        transferee; and
7            (D) to whom his or her Firearm Owner's
8        Identification Card was surrendered.
9        Once completed, the person shall retain a copy and
10    provide a copy of the Firearm Disposition Record to the
11    Illinois State Police.
12    (b) Upon confirming through the portal created under
13Section 2605-304 of the Illinois State Police Law of the Civil
14Administrative Code of Illinois that the Firearm Owner's
15Identification Card has been revoked by the Illinois State
16Police, surrendered cards shall be destroyed by the law
17enforcement agency receiving the cards. If a card has not been
18revoked, the card shall be returned to the cardholder.
19    (b-5) If a court orders the surrender of a Firearm Owner's
20Identification Card and accepts receipt of the Card, the court
21shall destroy the Card and direct the person whose Firearm
22Owner's Identification Card has been surrendered to comply
23with paragraph (2) of subsection (a).
24    (b-10) If the person whose Firearm Owner's Identification
25Card has been revoked has either lost or destroyed the Card,
26the person must still comply with paragraph (2) of subsection

 

 

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1(a).
2    (b-15) A notation shall be made in the portal created
3under Section 2605-304 of the Illinois State Police Law of the
4Civil Administrative Code of Illinois that the revoked Firearm
5Owner's Identification Card has been destroyed.
6    (c) If the person whose Firearm Owner's Identification
7Card has been revoked fails to comply with the requirements of
8this Section, the sheriff or law enforcement agency where the
9person resides may petition the circuit court to issue a
10warrant to search for and seize the Firearm Owner's
11Identification Card and firearms in the possession or under
12the custody or control of the person whose Firearm Owner's
13Identification Card has been revoked.
14    (d) A violation of subsection (a) of this Section is a
15Class A misdemeanor.
16    (e) The observation of a Firearm Owner's Identification
17Card in the possession of a person whose Firearm Owner's
18Identification Card has been revoked constitutes a sufficient
19basis for the arrest of that person for violation of this
20Section.
21    (f) Within 30 days after July 9, 2013 (the effective date
22of Public Act 98-63), the Illinois State Police shall provide
23written notice of the requirements of this Section to persons
24whose Firearm Owner's Identification Cards have been revoked,
25suspended, or expired and who have failed to surrender their
26cards to the Illinois State Police.

 

 

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1    (g) A person whose Firearm Owner's Identification Card has
2been revoked and who received notice under subsection (f)
3shall comply with the requirements of this Section within 48
4hours of receiving notice.
5    (h) Pursuant to Section 6-103 of the Illinois Vehicle
6Code, a person who fails to surrender a revoked Firearm
7Owner's Identification Card under this Section may not be
8issued a driver's license, renew a driver's license, retain a
9driver's license, or be issued a permit under the Illinois
10Vehicle Code. Within 180 days after the date of revocation of
11an individual's Firearm Owner's Identification Card, the
12Illinois State Police shall provide the Secretary of State
13with a notice that the individual has failed to comply with
14this Section.
15(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
16102-813, eff. 5-13-22; 103-154, eff. 6-30-23.)
 
17    Section 10. The Illinois Vehicle Code is amended by
18changing Section 6-103 as follows:
 
19    (625 ILCS 5/6-103)  (from Ch. 95 1/2, par. 6-103)
20    Sec. 6-103. What persons shall not be licensed as drivers
21or granted permits. The Secretary of State shall not issue,
22renew, or allow the retention of any driver's license nor
23issue any permit under this Code:
24        1. To any person, as a driver, who is under the age of

 

 

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1    18 years except as provided in Section 6-107, and except
2    that an instruction permit may be issued under Section
3    6-107.1 to a child who is not less than 15 years of age if
4    the child is enrolled in an approved driver education
5    course as defined in Section 1-103 of this Code and
6    requires an instruction permit to participate therein,
7    except that an instruction permit may be issued under the
8    provisions of Section 6-107.1 to a child who is 17 years
9    and 3 months of age without the child having enrolled in an
10    approved driver education course and except that an
11    instruction permit may be issued to a child who is at least
12    15 years and 3 months of age, is enrolled in school, meets
13    the educational requirements of the Driver Education Act,
14    and has passed examinations the Secretary of State in his
15    or her discretion may prescribe;
16        1.5. To any person at least 18 years of age but less
17    than 21 years of age unless the person has, in addition to
18    any other requirements of this Code, successfully
19    completed an adult driver education course as provided in
20    Section 6-107.5 of this Code;
21        2. To any person who is under the age of 18 as an
22    operator of a motorcycle other than a motor driven cycle
23    unless the person has, in addition to meeting the
24    provisions of Section 6-107 of this Code, successfully
25    completed a motorcycle training course approved by the
26    Illinois Department of Transportation;

 

 

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1        3. To any person, as a driver, whose driver's license
2    or permit has been suspended, during the suspension, nor
3    to any person whose driver's license or permit has been
4    revoked, except as provided in Sections 6-205, 6-206, and
5    6-208;
6        4. To any person, as a driver, who is a user of alcohol
7    or any other drug to a degree that renders the person
8    incapable of safely driving a motor vehicle;
9        5. To any person, as a driver, who has previously been
10    adjudged to be afflicted with or suffering from any mental
11    or physical disability or disease and who has not at the
12    time of application been restored to competency by the
13    methods provided by law;
14        6. To any person, as a driver, who is required by the
15    Secretary of State to submit an alcohol and drug
16    evaluation or take an examination provided for in this
17    Code unless the person has successfully passed the
18    examination and submitted any required evaluation;
19        7. To any person who is required under the provisions
20    of the laws of this State to deposit security or proof of
21    financial responsibility and who has not deposited the
22    security or proof;
23        8. To any person when the Secretary of State has good
24    cause to believe that the person by reason of physical or
25    mental disability would not be able to safely operate a
26    motor vehicle upon the highways, unless the person shall

 

 

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1    furnish to the Secretary of State a verified written
2    statement, acceptable to the Secretary of State, from a
3    competent medical specialist, a licensed physician
4    assistant, or a licensed advanced practice registered
5    nurse, to the effect that the operation of a motor vehicle
6    by the person would not be inimical to the public safety;
7        9. To any person, as a driver, who is 69 years of age
8    or older, unless the person has successfully complied with
9    the provisions of Section 6-109;
10        10. To any person convicted, within 12 months of
11    application for a license, of any of the sexual offenses
12    enumerated in paragraph 2 of subsection (b) of Section
13    6-205;
14        11. To any person who is under the age of 21 years with
15    a classification prohibited in paragraph (b) of Section
16    6-104 and to any person who is under the age of 18 years
17    with a classification prohibited in paragraph (c) of
18    Section 6-104;
19        12. To any person who has been either convicted of or
20    adjudicated under the Juvenile Court Act of 1987 based
21    upon a violation of the Cannabis Control Act, the Illinois
22    Controlled Substances Act, or the Methamphetamine Control
23    and Community Protection Act while that person was in
24    actual physical control of a motor vehicle. For purposes
25    of this Section, any person placed on probation under
26    Section 10 of the Cannabis Control Act, Section 410 of the

 

 

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1    Illinois Controlled Substances Act, or Section 70 of the
2    Methamphetamine Control and Community Protection Act shall
3    not be considered convicted. Any person found guilty of
4    this offense, while in actual physical control of a motor
5    vehicle, shall have an entry made in the court record by
6    the judge that this offense did occur while the person was
7    in actual physical control of a motor vehicle and order
8    the clerk of the court to report the violation to the
9    Secretary of State as such. The Secretary of State shall
10    not issue a new license or permit for a period of one year;
11        13. To any person who is under the age of 18 years and
12    who has committed the offense of operating a motor vehicle
13    without a valid license or permit in violation of Section
14    6-101 or a similar out-of-state out of state offense;
15        14. To any person who is 90 days or more delinquent in
16    court ordered child support payments or has been
17    adjudicated in arrears in an amount equal to 90 days'
18    obligation or more and who has been found in contempt of
19    court for failure to pay the support, subject to the
20    requirements and procedures of Article VII of Chapter 7 of
21    the Illinois Vehicle Code;
22        14.5. To any person certified by the Illinois
23    Department of Healthcare and Family Services as being 90
24    days or more delinquent in payment of support under an
25    order of support entered by a court or administrative body
26    of this or any other State, subject to the requirements

 

 

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1    and procedures of Article VII of Chapter 7 of this Code
2    regarding those certifications;
3        15. To any person released from a term of imprisonment
4    for violating Section 9-3 of the Criminal Code of 1961 or
5    the Criminal Code of 2012, or a similar provision of a law
6    of another state relating to reckless homicide or for
7    violating subparagraph (F) of paragraph (1) of subsection
8    (d) of Section 11-501 of this Code relating to aggravated
9    driving under the influence of alcohol, other drug or
10    drugs, intoxicating compound or compounds, or any
11    combination thereof, if the violation was the proximate
12    cause of a death, within 24 months of release from a term
13    of imprisonment;
14        16. To any person who, with intent to influence any
15    act related to the issuance of any driver's license or
16    permit, by an employee of the Secretary of State's Office,
17    or the owner or employee of any commercial driver training
18    school licensed by the Secretary of State, or any other
19    individual authorized by the laws of this State to give
20    driving instructions or administer all or part of a
21    driver's license examination, promises or tenders to that
22    person any property or personal advantage which that
23    person is not authorized by law to accept. Any persons
24    promising or tendering such property or personal advantage
25    shall be disqualified from holding any class of driver's
26    license or permit for 120 consecutive days. The Secretary

 

 

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1    of State shall establish by rule the procedures for
2    implementing this period of disqualification and the
3    procedures by which persons so disqualified may obtain
4    administrative review of the decision to disqualify;
5        17. To any person for whom the Secretary of State
6    cannot verify the accuracy of any information or
7    documentation submitted in application for a driver's
8    license;
9        18. To any person who has been adjudicated under the
10    Juvenile Court Act of 1987 based upon an offense that is
11    determined by the court to have been committed in
12    furtherance of the criminal activities of an organized
13    gang, as provided in Section 5-710 of that Act, and that
14    involved the operation or use of a motor vehicle or the use
15    of a driver's license or permit. The person shall be
16    denied a license or permit for the period determined by
17    the court; or
18        19. To any person who holds a REAL ID compliant
19    identification card or REAL ID compliant Person with a
20    Disability Identification Card issued under the Illinois
21    Identification Card Act. Any such person may, at his or
22    her discretion, surrender the REAL ID compliant
23    identification card or REAL ID compliant Person with a
24    Disability Identification Card in order to become eligible
25    to obtain a REAL ID compliant driver's license.
26        20. To any person who possesses a revoked Firearm

 

 

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1        Owner's Identification Card unless: (i) the
2        applicant's Firearm Owner's Identification Card is
3        successfully reinstated; or (ii) the applicant
4        surrenders possession of the Firearm Owner's
5        Identification Card to the Illinois State Police or to
6        the local law enforcement agency where the applicant
7        resides.
8    The Secretary of State shall retain all conviction
9information, if the information is required to be held
10confidential under the Juvenile Court Act of 1987.
11(Source: P.A. 103-162, eff. 1-1-24; revised 1-2-24.)