Full Text of SB0033 99th General Assembly
SB0033ham001 99TH GENERAL ASSEMBLY | Rep. Lou Lang Filed: 5/26/2015
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| 1 | | AMENDMENT TO SENATE BILL 33
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 33 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Firearm Owners Identification Card Act is | 5 | | amended by changing Section 1.1 as follows:
| 6 | | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| 7 | | Sec. 1.1. For purposes of this Act:
| 8 | | "Addicted to narcotics" means a person who has been: | 9 | | (1) convicted of an offense involving the use or | 10 | | possession of cannabis, a controlled substance, or | 11 | | methamphetamine within the past year; or | 12 | | (2) determined by the Department of State Police to be | 13 | | addicted to narcotics based upon federal law or federal | 14 | | guidelines. | 15 | | "Addicted to narcotics" does not include possession or use | 16 | | of a prescribed controlled substance under the direction and |
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| 1 | | authority of a physician or other person authorized to | 2 | | prescribe the controlled substance when the controlled | 3 | | substance is used in the prescribed manner. | 4 | | Notwithstanding any other provision of this Act, federal | 5 | | law, or federal guidelines, the determination of whether a | 6 | | person is addicted to narcotics shall not be based on the | 7 | | status of the person as a registered qualifying patient or | 8 | | registered caregiver under the Compassionate Use of Medical | 9 | | Cannabis Pilot Program Act. | 10 | | "Adjudicated as a mentally disabled person" means the | 11 | | person is the subject of a determination by a court, board, | 12 | | commission or other lawful authority that the person, as a | 13 | | result of marked subnormal intelligence, or mental illness, | 14 | | mental impairment, incompetency, condition, or disease: | 15 | | (1) presents a clear and present danger to himself, | 16 | | herself, or to others; | 17 | | (2) lacks the mental capacity to manage his or her own | 18 | | affairs or is adjudicated a disabled person as defined in | 19 | | Section 11a-2 of the Probate Act of 1975; | 20 | | (3) is not guilty in a criminal case by reason of | 21 | | insanity, mental disease or defect; | 22 | | (3.5) is guilty but mentally ill, as provided in | 23 | | Section 5-2-6 of the Unified Code of Corrections; | 24 | | (4) is incompetent to stand trial in a criminal case; | 25 | | (5) is not guilty by reason of lack of mental | 26 | | responsibility under Articles 50a and 72b of the Uniform |
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| 1 | | Code of Military Justice, 10 U.S.C. 850a, 876b;
| 2 | | (6) is a sexually violent person under subsection (f) | 3 | | of Section 5 of the Sexually Violent Persons Commitment | 4 | | Act; | 5 | | (7) is a sexually dangerous person under the Sexually | 6 | | Dangerous Persons Act; | 7 | | (8) is unfit to stand trial under the Juvenile Court | 8 | | Act of 1987; | 9 | | (9) is not guilty by reason of insanity under the | 10 | | Juvenile Court Act of 1987; | 11 | | (10) is subject to involuntary admission as an | 12 | | inpatient as defined in Section 1-119 of the Mental Health | 13 | | and Developmental Disabilities Code; | 14 | | (11) is subject to involuntary admission as an | 15 | | outpatient as defined in Section 1-119.1 of the Mental | 16 | | Health and Developmental Disabilities Code; | 17 | | (12) is subject to judicial admission as set forth in | 18 | | Section 4-500 of the Mental Health and Developmental | 19 | | Disabilities Code; or | 20 | | (13) is subject to the provisions of the Interstate | 21 | | Agreements on Sexually Dangerous Persons Act. | 22 | | "Clear and present danger" means a person who: | 23 | | (1) communicates a serious threat of physical violence | 24 | | against a reasonably identifiable victim or poses a clear | 25 | | and imminent risk of serious physical injury to himself, | 26 | | herself, or another person as determined by a physician, |
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| 1 | | clinical psychologist, or qualified examiner; or | 2 | | (2) demonstrates threatening physical or verbal | 3 | | behavior, such as violent, suicidal, or assaultive | 4 | | threats, actions, or other behavior, as determined by a | 5 | | physician, clinical psychologist, qualified examiner, | 6 | | school administrator, or law enforcement official. | 7 | | "Clinical psychologist" has the meaning provided in | 8 | | Section 1-103 of the Mental Health and Developmental | 9 | | Disabilities Code. | 10 | | "Controlled substance" means a controlled substance or | 11 | | controlled substance analog as defined in the Illinois | 12 | | Controlled Substances Act. | 13 | | "Counterfeit" means to copy or imitate, without legal | 14 | | authority, with
intent
to deceive. | 15 | | "Developmentally disabled" means a disability which is | 16 | | attributable to any other condition which results in impairment | 17 | | similar to that caused by an intellectual disability and which | 18 | | requires services similar to those required by intellectually | 19 | | disabled persons. The disability must originate before the age | 20 | | of 18
years, be expected to continue indefinitely, and | 21 | | constitute a substantial handicap. | 22 | | "Federally licensed firearm dealer" means a person who is | 23 | | licensed as a federal firearms dealer under Section 923 of the | 24 | | federal Gun Control Act of 1968 (18 U.S.C. 923).
| 25 | | "Firearm" means any device, by
whatever name known, which | 26 | | is designed to expel a projectile or projectiles
by the action |
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| 1 | | of an explosion, expansion of gas or escape of gas; excluding,
| 2 | | however:
| 3 | | (1) any pneumatic gun, spring gun, paint ball gun, or | 4 | | B-B gun which
expels a single globular projectile not | 5 | | exceeding .18 inch in
diameter or which has a maximum | 6 | | muzzle velocity of less than 700 feet
per second;
| 7 | | (1.1) any pneumatic gun, spring gun, paint ball gun, or | 8 | | B-B gun which expels breakable paint balls containing | 9 | | washable marking colors;
| 10 | | (2) any device used exclusively for signalling or | 11 | | safety and required or
recommended by the United States | 12 | | Coast Guard or the Interstate Commerce
Commission;
| 13 | | (3) any device used exclusively for the firing of stud | 14 | | cartridges,
explosive rivets or similar industrial | 15 | | ammunition; and
| 16 | | (4) an antique firearm (other than a machine-gun) | 17 | | which, although
designed as a weapon, the Department of | 18 | | State Police finds by reason of
the date of its | 19 | | manufacture, value, design, and other characteristics is
| 20 | | primarily a collector's item and is not likely to be used | 21 | | as a weapon.
| 22 | | "Firearm ammunition" means any self-contained cartridge or | 23 | | shotgun
shell, by whatever name known, which is designed to be | 24 | | used or adaptable to
use in a firearm; excluding, however:
| 25 | | (1) any ammunition exclusively designed for use with a | 26 | | device used
exclusively for signalling or safety and |
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| 1 | | required or recommended by the
United States Coast Guard or | 2 | | the Interstate Commerce Commission; and
| 3 | | (2) any ammunition designed exclusively for use with a | 4 | | stud or rivet
driver or other similar industrial | 5 | | ammunition. | 6 | | "Gun show" means an event or function: | 7 | | (1) at which the sale and transfer of firearms is the | 8 | | regular and normal course of business and where 50 or more | 9 | | firearms are displayed, offered, or exhibited for sale, | 10 | | transfer, or exchange; or | 11 | | (2) at which not less than 10 gun show vendors display, | 12 | | offer, or exhibit for sale, sell, transfer, or exchange | 13 | | firearms.
| 14 | | "Gun show" includes the entire premises provided for an | 15 | | event or function, including parking areas for the event or | 16 | | function, that is sponsored to facilitate the purchase, sale, | 17 | | transfer, or exchange of firearms as described in this Section.
| 18 | | "Gun show" does not include training or safety classes, | 19 | | competitive shooting events, such as rifle, shotgun, or handgun | 20 | | matches, trap, skeet, or sporting clays shoots, dinners, | 21 | | banquets, raffles, or
any other event where the sale or | 22 | | transfer of firearms is not the primary course of business. | 23 | | "Gun show promoter" means a person who organizes or | 24 | | operates a gun show. | 25 | | "Gun show vendor" means a person who exhibits, sells, | 26 | | offers for sale, transfers, or exchanges any firearms at a gun |
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| 1 | | show, regardless of whether the person arranges with a gun show | 2 | | promoter for a fixed location from which to exhibit, sell, | 3 | | offer for sale, transfer, or exchange any firearm. | 4 | | "Intellectually disabled" means significantly subaverage | 5 | | general intellectual functioning which exists concurrently | 6 | | with impairment in adaptive behavior and which originates | 7 | | before the age of 18 years. | 8 | | "Involuntarily admitted" has the meaning as prescribed in | 9 | | Sections 1-119 and 1-119.1 of the Mental Health and | 10 | | Developmental Disabilities Code. | 11 | | "Mental health facility" means any licensed private | 12 | | hospital or hospital affiliate, institution, or facility, or | 13 | | part thereof, and any facility, or part thereof, operated by | 14 | | the State or a political subdivision thereof which provide | 15 | | treatment of persons with mental illness and includes all | 16 | | hospitals, institutions, clinics, evaluation facilities, | 17 | | mental health centers, colleges, universities, long-term care | 18 | | facilities, and nursing homes, or parts thereof, which provide | 19 | | treatment of persons with mental illness whether or not the | 20 | | primary purpose is to provide treatment of persons with mental | 21 | | illness. | 22 | | "Patient" means: | 23 | | (1) a person who voluntarily receives mental health | 24 | | treatment as an in-patient or resident of any public or | 25 | | private mental health facility, unless the treatment was | 26 | | solely for an alcohol abuse disorder and no other secondary |
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| 1 | | substance abuse disorder or mental illness; or | 2 | | (2) a person who voluntarily receives mental health | 3 | | treatment as an out-patient or is provided services by a | 4 | | public or private mental health facility, and who poses a | 5 | | clear and present danger to himself, herself, or to others. | 6 | | "Physician" has the meaning as defined in Section 1-120 of | 7 | | the Mental Health and Developmental Disabilities Code. | 8 | | "Qualified examiner" has the meaning provided in Section | 9 | | 1-122 of the Mental Health and Developmental Disabilities Code. | 10 | | "Sanctioned competitive shooting event" means a shooting | 11 | | contest officially recognized by a national or state shooting | 12 | | sport association, and includes any sight-in or practice | 13 | | conducted in conjunction with the event.
| 14 | | "School administrator" means the person required to report | 15 | | under the School Administrator Reporting of Mental Health Clear | 16 | | and Present Danger Determinations Law. | 17 | | "Stun gun or taser" has the meaning ascribed to it in | 18 | | Section 24-1 of the Criminal Code of 2012. | 19 | | (Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13; | 20 | | 97-1167, eff. 6-1-13; 98-63, eff. 7-9-13.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.".
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