Illinois General Assembly - Full Text of HB0148
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Full Text of HB0148  99th General Assembly




State of Illinois
2015 and 2016


Introduced , by Rep. Rita Mayfield


430 ILCS 65/8  from Ch. 38, par. 83-8
430 ILCS 66/70
720 ILCS 5/24-4.1

    Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police shall suspend for 5 years the Firearm Owner's Identification Card of a person who has been convicted of a third violation of the provision of the Criminal Code of 2012 that makes it an offense for a person who possesses or acquires a firearm and thereafter loses the firearm, or if the firearm is stolen from the person, to fail to report the loss or theft to the local law enforcement agency within 72 hours after obtaining knowledge of the loss or theft. Amends the Firearm Concealed Carry Act. Provides that the Department of State Police shall suspend for 5 years the concealed carry license of a person who has been convicted of a third violation of that Criminal Code of 2012 provision. Amends the Criminal Code of 2012. Provides that a fourth or subsequent violation is a Class 4 felony (rather than a Class A misdemeanor). Effective immediately.

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HB0148LRB099 03660 RLC 23671 b

1    AN ACT concerning criminal law.
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 8 as follows:
6    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
7    Sec. 8. Grounds for denial and revocation. The Department
8of State Police has authority to deny an application for or to
9revoke and seize a Firearm Owner's Identification Card
10previously issued under this Act only if the Department finds
11that the applicant or the person to whom such card was issued
12is or was at the time of issuance:
13        (a) A person under 21 years of age who has been
14    convicted of a misdemeanor other than a traffic offense or
15    adjudged delinquent;
16        (b) A person under 21 years of age who does not have
17    the written consent of his parent or guardian to acquire
18    and possess firearms and firearm ammunition, or whose
19    parent or guardian has revoked such written consent, or
20    where such parent or guardian does not qualify to have a
21    Firearm Owner's Identification Card;
22        (c) A person convicted of a felony under the laws of
23    this or any other jurisdiction;



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1        (d) A person addicted to narcotics;
2        (e) A person who has been a patient of a mental health
3    facility within the past 5 years or a person who has been a
4    patient in a mental health facility more than 5 years ago
5    who has not received the certification required under
6    subsection (u) of this Section. An active law enforcement
7    officer employed by a unit of government who is denied,
8    revoked, or has his or her Firearm Owner's Identification
9    Card seized under this subsection (e) may obtain relief as
10    described in subsection (c-5) of Section 10 of this Act if
11    the officer did not act in a manner threatening to the
12    officer, another person, or the public as determined by the
13    treating clinical psychologist or physician, and the
14    officer seeks mental health treatment;
15        (f) A person whose mental condition is of such a nature
16    that it poses a clear and present danger to the applicant,
17    any other person or persons or the community;
18        (g) A person who is intellectually disabled;
19        (h) A person who intentionally makes a false statement
20    in the Firearm Owner's Identification Card application;
21        (i) An alien who is unlawfully present in the United
22    States under the laws of the United States;
23        (i-5) An alien who has been admitted to the United
24    States under a non-immigrant visa (as that term is defined
25    in Section 101(a)(26) of the Immigration and Nationality
26    Act (8 U.S.C. 1101(a)(26))), except that this subsection



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1    (i-5) does not apply to any alien who has been lawfully
2    admitted to the United States under a non-immigrant visa if
3    that alien is:
4            (1) admitted to the United States for lawful
5        hunting or sporting purposes;
6            (2) an official representative of a foreign
7        government who is:
8                (A) accredited to the United States Government
9            or the Government's mission to an international
10            organization having its headquarters in the United
11            States; or
12                (B) en route to or from another country to
13            which that alien is accredited;
14            (3) an official of a foreign government or
15        distinguished foreign visitor who has been so
16        designated by the Department of State;
17            (4) a foreign law enforcement officer of a friendly
18        foreign government entering the United States on
19        official business; or
20            (5) one who has received a waiver from the Attorney
21        General of the United States pursuant to 18 U.S.C.
22        922(y)(3);
23        (j) (Blank);
24        (k) A person who has been convicted within the past 5
25    years of battery, assault, aggravated assault, violation
26    of an order of protection, or a substantially similar



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1    offense in another jurisdiction, in which a firearm was
2    used or possessed;
3        (l) A person who has been convicted of domestic
4    battery, aggravated domestic battery, or a substantially
5    similar offense in another jurisdiction committed before,
6    on or after January 1, 2012 (the effective date of Public
7    Act 97-158). If the applicant or person who has been
8    previously issued a Firearm Owner's Identification Card
9    under this Act knowingly and intelligently waives the right
10    to have an offense described in this paragraph (l) tried by
11    a jury, and by guilty plea or otherwise, results in a
12    conviction for an offense in which a domestic relationship
13    is not a required element of the offense but in which a
14    determination of the applicability of 18 U.S.C. 922(g)(9)
15    is made under Section 112A-11.1 of the Code of Criminal
16    Procedure of 1963, an entry by the court of a judgment of
17    conviction for that offense shall be grounds for denying an
18    application for and for revoking and seizing a Firearm
19    Owner's Identification Card previously issued to the
20    person under this Act;
21        (m) (Blank);
22        (n) A person who is prohibited from acquiring or
23    possessing firearms or firearm ammunition by any Illinois
24    State statute or by federal law;
25        (o) A minor subject to a petition filed under Section
26    5-520 of the Juvenile Court Act of 1987 alleging that the



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1    minor is a delinquent minor for the commission of an
2    offense that if committed by an adult would be a felony;
3        (p) An adult who had been adjudicated a delinquent
4    minor under the Juvenile Court Act of 1987 for the
5    commission of an offense that if committed by an adult
6    would be a felony;
7        (q) A person who is not a resident of the State of
8    Illinois, except as provided in subsection (a-10) of
9    Section 4;
10        (r) A person who has been adjudicated as a mentally
11    disabled person;
12        (s) A person who has been found to be developmentally
13    disabled;
14        (t) A person involuntarily admitted into a mental
15    health facility; or
16        (u) A person who has had his or her Firearm Owner's
17    Identification Card revoked or denied under subsection (e)
18    of this Section or item (iv) of paragraph (2) of subsection
19    (a) of Section 4 of this Act because he or she was a
20    patient in a mental health facility as provided in
21    subsection (e) of this Section, shall not be permitted to
22    obtain a Firearm Owner's Identification Card, after the
23    5-year period has lapsed, unless he or she has received a
24    mental health evaluation by a physician, clinical
25    psychologist, or qualified examiner as those terms are
26    defined in the Mental Health and Developmental



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1    Disabilities Code, and has received a certification that he
2    or she is not a clear and present danger to himself,
3    herself, or others. The physician, clinical psychologist,
4    or qualified examiner making the certification and his or
5    her employer shall not be held criminally, civilly, or
6    professionally liable for making or not making the
7    certification required under this subsection, except for
8    willful or wanton misconduct. This subsection does not
9    apply to a person whose firearm possession rights have been
10    restored through administrative or judicial action under
11    Section 10 or 11 of this Act.
12    Upon revocation of a person's Firearm Owner's
13Identification Card, the Department of State Police shall
14provide notice to the person and the person shall comply with
15Section 9.5 of this Act.
16    The Department of State Police shall suspend for 5 years
17the Firearm Owner's Identification Card of a person who has
18been convicted of a third violation of Section 24-4.1 of the
19Criminal Code of 2012.
20(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,
21eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13;
2298-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, eff.
24    Section 10. The Firearm Concealed Carry Act is amended by
25changing Section 70 as follows:



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1    (430 ILCS 66/70)
2    Sec. 70. Violations.
3    (a) A license issued or renewed under this Act shall be
4revoked if, at any time, the licensee is found to be ineligible
5for a license under this Act or the licensee no longer meets
6the eligibility requirements of the Firearm Owners
7Identification Card Act.
8    (b) A license shall be suspended if an order of protection,
9including an emergency order of protection, plenary order of
10protection, or interim order of protection under Article 112A
11of the Code of Criminal Procedure of 1963 or under the Illinois
12Domestic Violence Act of 1986, is issued against a licensee for
13the duration of the order, or if the Department is made aware
14of a similar order issued against the licensee in any other
15jurisdiction. If an order of protection is issued against a
16licensee, the licensee shall surrender the license, as
17applicable, to the court at the time the order is entered or to
18the law enforcement agency or entity serving process at the
19time the licensee is served the order. The court, law
20enforcement agency, or entity responsible for serving the order
21of protection shall notify the Department within 7 days and
22transmit the license to the Department.
23    (c) A license is invalid upon expiration of the license,
24unless the licensee has submitted an application to renew the
25license, and the applicant is otherwise eligible to possess a



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1license under this Act.
2    (d) A licensee shall not carry a concealed firearm while
3under the influence of alcohol, other drug or drugs,
4intoxicating compound or combination of compounds, or any
5combination thereof, under the standards set forth in
6subsection (a) of Section 11-501 of the Illinois Vehicle Code.
7    A licensee in violation of this subsection (d) shall be
8guilty of a Class A misdemeanor for a first or second violation
9and a Class 4 felony for a third violation. The Department may
10suspend a license for up to 6 months for a second violation and
11shall permanently revoke a license for a third violation.
12    (e) Except as otherwise provided, a licensee in violation
13of this Act shall be guilty of a Class B misdemeanor. A second
14or subsequent violation is a Class A misdemeanor. The
15Department may suspend a license for up to 6 months for a
16second violation and shall permanently revoke a license for 3
17or more violations of Section 65 of this Act. Any person
18convicted of a violation under this Section shall pay a $150
19fee to be deposited into the Mental Health Reporting Fund, plus
20any applicable court costs or fees.
21    (f) A licensee convicted or found guilty of a violation of
22this Act who has a valid license and is otherwise eligible to
23carry a concealed firearm shall only be subject to the
24penalties under this Section and shall not be subject to the
25penalties under Section 21-6, paragraph (4), (8), or (10) of
26subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)



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1of paragraph (3) of subsection (a) of Section 24-1.6 of the
2Criminal Code of 2012. Except as otherwise provided in this
3subsection, nothing in this subsection prohibits the licensee
4from being subjected to penalties for violations other than
5those specified in this Act.
6    (g) A licensee whose license is revoked, suspended, or
7denied shall, within 48 hours of receiving notice of the
8revocation, suspension, or denial, surrender his or her
9concealed carry license to the local law enforcement agency
10where the person resides. The local law enforcement agency
11shall provide the licensee a receipt and transmit the concealed
12carry license to the Department of State Police. If the
13licensee whose concealed carry license has been revoked,
14suspended, or denied fails to comply with the requirements of
15this subsection, the law enforcement agency where the person
16resides may petition the circuit court to issue a warrant to
17search for and seize the concealed carry license in the
18possession and under the custody or control of the licensee
19whose concealed carry license has been revoked, suspended, or
20denied. The observation of a concealed carry license in the
21possession of a person whose license has been revoked,
22suspended, or denied constitutes a sufficient basis for the
23arrest of that person for violation of this subsection. A
24violation of this subsection is a Class A misdemeanor.
25    (h) A license issued or renewed under this Act shall be
26revoked if, at any time, the licensee is found ineligible for a



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1Firearm Owner's Identification Card, or the licensee no longer
2possesses a valid Firearm Owner's Identification Card. A
3licensee whose license is revoked under this subsection (h)
4shall surrender his or her concealed carry license as provided
5for in subsection (g) of this Section.
6    This subsection shall not apply to a person who has filed
7an application with the State Police for renewal of a Firearm
8Owner's Identification Card and who is not otherwise ineligible
9to obtain a Firearm Owner's Identification Card.
10    (i) A certified firearms instructor who knowingly provides
11or offers to provide a false certification that an applicant
12has completed firearms training as required under this Act is
13guilty of a Class A misdemeanor. A person guilty of a violation
14of this subsection (i) is not eligible for court supervision.
15The Department shall permanently revoke the firearms
16instructor certification of a person convicted under this
17subsection (i).
18    (j) The Department of State Police shall suspend for 5
19years the license of a person who has been convicted of a third
20violation of Section 24-4.1 of the Criminal Code of 2012.
21(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899,
22eff. 8-15-14.)
23    Section 15. The Criminal Code of 2012 is amended by
24changing Section 24-4.1 as follows:



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1    (720 ILCS 5/24-4.1)
2    Sec. 24-4.1. Report of lost or stolen firearms.
3    (a) If a person who possesses a valid Firearm Owner's
4Identification Card and who possesses or acquires a firearm
5thereafter loses the firearm, or if the firearm is stolen from
6the person, the person must report the loss or theft to the
7local law enforcement agency within 72 hours after obtaining
8knowledge of the loss or theft.
9    (b) A law enforcement agency having jurisdiction shall take
10a written report and shall, as soon as practical, enter the
11firearm's serial number as stolen into the Law Enforcement
12Agencies Data System (LEADS).
13    (c) A person shall not be in violation of this Section if:
14        (1) the failure to report is due to an act of God, act
15    of war, or inability of a law enforcement agency to receive
16    the report;
17        (2) the person is hospitalized, in a coma, or is
18    otherwise seriously physically or mentally impaired as to
19    prevent the person from reporting; or
20        (3) the person's designee makes a report if the person
21    is unable to make the report.
22    (d) Sentence. A person who violates this Section is guilty
23of a petty offense for a first violation. A second or
24subsequent violation of this Section is a Class A misdemeanor.
25A third violation of this Section is a Class A misdemeanor and
26shall result in a 5 year suspension of the person's Firearm



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1Owner's Identification Card under Section 8 of the Firearm
2Owners Identification Card Act and license under subsection (i)
3of Section 70 of the Firearm Concealed Carry Act. A fourth or
4subsequent violation is a Class 4 felony.
5(Source: P.A. 98-508, eff. 8-19-13.)
6    Section 99. Effective date. This Act takes effect upon
7becoming law.