Illinois General Assembly - Full Text of HB5004
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Full Text of HB5004  102nd General Assembly

HB5004ham001 102ND GENERAL ASSEMBLY

Rep. Aaron M. Ortiz

Filed: 3/1/2022

 

 


 

 


 
10200HB5004ham001LRB102 23330 RJF 37140 a

1
AMENDMENT TO HOUSE BILL 5004

2    AMENDMENT NO. ______. Amend House Bill 5004 as follows:
 
3on page 1, immediately below line 3, by inserting the
4following:
 
5    "Section 1. Legislative intent. It is the intent of the
6General Assembly in enacting this amendatory Act of the 102nd
7General Assembly to make only nonsubstantive changes that
8remove the dehumanizing term "alien" from all Illinois
9statutory provisions. No change made by this amendatory Act of
10the 102nd General Assembly shall be interpreted so as to make
11any substantive change to existing law, including, but not
12limited to, eligibility for federal programs or benefits that
13are available to a person who meets the definition of "alien"
14under State or federal law."; and
 
15on page 2, line 9, by replacing "noncitizen" with "person";

 

 

10200HB5004ham001- 2 -LRB102 23330 RJF 37140 a

1and
 
2by deleting line 16 on page 6 through line 11 on page 8; and
 
3on page 9, by replacing lines 1 and 2 with "skills. No
4participating employee may be a person without employment
5authorization under federal law an unauthorized"; and
 
6on page 9, line 3, by deleting "permanent residence)"; and
 
7on page 13, line 14, by deleting "noncitizen"; and
 
8on page 41, line 17, by replacing "noncitizen" with
9"individual who is a national or citizen of a country other
10than the United States"; and
 
11on page 41, line 18, by replacing "individual" with
12"individual"; and
 
13on page 44, line 17, by replacing "illegal noncitizens" with
14"undocumented immigrants illegal"; and
 
15on page 46, line 23, by replacing "noncitizen" with "person";
16and
 
17on page 47, line 15, by replacing "resident noncitizens" with

 

 

10200HB5004ham001- 3 -LRB102 23330 RJF 37140 a

1"residents resident"; and
 
2on page 51, line 5, by deleting "noncitizen"; and
 
3on page 52, line 21, by deleting "noncitizen"; and
 
4on page 53, line 20, by deleting "noncitizen"; and
 
5on page 55, line 14, by deleting "noncitizen"; and
 
6on page 61, line 7, by deleting "noncitizen"; and
 
7on page 64, line 11, by deleting "noncitizen"; and
 
8on page 65, line 22, by deleting "noncitizen"; and
 
9on page 68, line 9, by deleting "noncitizen"; and
 
10on page 71, line 21, by replacing "a noncitizen" with "an
11individual"; and
 
12on page 72, line 18, by replacing "a noncitizen" with "an
13individual"; and
 
14on page 78, by replacing lines 13 and 14 with the following:
15        "(5) a citizen or person lawfully present in the

 

 

10200HB5004ham001- 4 -LRB102 23330 RJF 37140 a

1    United States person who has the status as a legal
2    alien."; and
 
3on page 81, line 13, by replacing "noncitizen" with
4"immigration"; and
 
5on page 85, line 10, by deleting "noncitizen"; and
 
6on page 87, by replacing lines 21 and 22 with the following:
 
7    "Section 90. The Firearm Owners Identification Card Act is
8amended by changing Sections 1.1, 4, and 8 as follows:
 
9    (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)
10    Sec. 1.1. For purposes of this Act:
11    "Addicted to narcotics" means a person who has been:
12        (1) convicted of an offense involving the use or
13    possession of cannabis, a controlled substance, or
14    methamphetamine within the past year; or
15        (2) determined by the Illinois State Police to be
16    addicted to narcotics based upon federal law or federal
17    guidelines.
18    "Addicted to narcotics" does not include possession or use
19of a prescribed controlled substance under the direction and
20authority of a physician or other person authorized to
21prescribe the controlled substance when the controlled

 

 

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1substance is used in the prescribed manner.
2    "Adjudicated as a person with a mental disability" means
3the person is the subject of a determination by a court, board,
4commission or other lawful authority that the person, as a
5result of marked subnormal intelligence, or mental illness,
6mental impairment, incompetency, condition, or disease:
7        (1) presents a clear and present danger to himself,
8    herself, or to others;
9        (2) lacks the mental capacity to manage his or her own
10    affairs or is adjudicated a person with a disability as
11    defined in Section 11a-2 of the Probate Act of 1975;
12        (3) is not guilty in a criminal case by reason of
13    insanity, mental disease or defect;
14        (3.5) is guilty but mentally ill, as provided in
15    Section 5-2-6 of the Unified Code of Corrections;
16        (4) is incompetent to stand trial in a criminal case;
17        (5) is not guilty by reason of lack of mental
18    responsibility under Articles 50a and 72b of the Uniform
19    Code of Military Justice, 10 U.S.C. 850a, 876b;
20        (6) is a sexually violent person under subsection (f)
21    of Section 5 of the Sexually Violent Persons Commitment
22    Act;
23        (7) is a sexually dangerous person under the Sexually
24    Dangerous Persons Act;
25        (8) is unfit to stand trial under the Juvenile Court
26    Act of 1987;

 

 

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1        (9) is not guilty by reason of insanity under the
2    Juvenile Court Act of 1987;
3        (10) is subject to involuntary admission as an
4    inpatient as defined in Section 1-119 of the Mental Health
5    and Developmental Disabilities Code;
6        (11) is subject to involuntary admission as an
7    outpatient as defined in Section 1-119.1 of the Mental
8    Health and Developmental Disabilities Code;
9        (12) is subject to judicial admission as set forth in
10    Section 4-500 of the Mental Health and Developmental
11    Disabilities Code; or
12        (13) is subject to the provisions of the Interstate
13    Agreements on Sexually Dangerous Persons Act.
14    "Clear and present danger" means a person who:
15        (1) communicates a serious threat of physical violence
16    against a reasonably identifiable victim or poses a clear
17    and imminent risk of serious physical injury to himself,
18    herself, or another person as determined by a physician,
19    clinical psychologist, or qualified examiner; or
20        (2) demonstrates threatening physical or verbal
21    behavior, such as violent, suicidal, or assaultive
22    threats, actions, or other behavior, as determined by a
23    physician, clinical psychologist, qualified examiner,
24    school administrator, or law enforcement official.
25    "Clinical psychologist" has the meaning provided in
26Section 1-103 of the Mental Health and Developmental

 

 

10200HB5004ham001- 7 -LRB102 23330 RJF 37140 a

1Disabilities Code.
2    "Controlled substance" means a controlled substance or
3controlled substance analog as defined in the Illinois
4Controlled Substances Act.
5    "Counterfeit" means to copy or imitate, without legal
6authority, with intent to deceive.
7    "Federally licensed firearm dealer" means a person who is
8licensed as a federal firearms dealer under Section 923 of the
9federal Gun Control Act of 1968 (18 U.S.C. 923).
10    "Firearm" means any device, by whatever name known, which
11is designed to expel a projectile or projectiles by the action
12of an explosion, expansion of gas or escape of gas; excluding,
13however:
14        (1) any pneumatic gun, spring gun, paint ball gun, or
15    B-B gun which expels a single globular projectile not
16    exceeding .18 inch in diameter or which has a maximum
17    muzzle velocity of less than 700 feet per second;
18        (1.1) any pneumatic gun, spring gun, paint ball gun,
19    or B-B gun which expels breakable paint balls containing
20    washable marking colors;
21        (2) any device used exclusively for signaling or
22    safety and required or recommended by the United States
23    Coast Guard or the Interstate Commerce Commission;
24        (3) any device used exclusively for the firing of stud
25    cartridges, explosive rivets or similar industrial
26    ammunition; and

 

 

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1        (4) an antique firearm (other than a machine-gun)
2    which, although designed as a weapon, the Illinois State
3    Police finds by reason of the date of its manufacture,
4    value, design, and other characteristics is primarily a
5    collector's item and is not likely to be used as a weapon.
6    "Firearm ammunition" means any self-contained cartridge or
7shotgun shell, by whatever name known, which is designed to be
8used or adaptable to use in a firearm; excluding, however:
9        (1) any ammunition exclusively designed for use with a
10    device used exclusively for signaling signalling or safety
11    and required or recommended by the United States Coast
12    Guard or the Interstate Commerce Commission; and
13        (2) any ammunition designed exclusively for use with a
14    stud or rivet driver or other similar industrial
15    ammunition.
16    "Gun show" means an event or function:
17        (1) at which the sale and transfer of firearms is the
18    regular and normal course of business and where 50 or more
19    firearms are displayed, offered, or exhibited for sale,
20    transfer, or exchange; or
21        (2) at which not less than 10 gun show vendors
22    display, offer, or exhibit for sale, sell, transfer, or
23    exchange firearms.
24    "Gun show" includes the entire premises provided for an
25event or function, including parking areas for the event or
26function, that is sponsored to facilitate the purchase, sale,

 

 

10200HB5004ham001- 9 -LRB102 23330 RJF 37140 a

1transfer, or exchange of firearms as described in this
2Section. Nothing in this definition shall be construed to
3exclude a gun show held in conjunction with competitive
4shooting events at the World Shooting Complex sanctioned by a
5national governing body in which the sale or transfer of
6firearms is authorized under subparagraph (5) of paragraph (g)
7of subsection (A) of Section 24-3 of the Criminal Code of 2012.
8    Unless otherwise expressly stated, "gun show" does not
9include training or safety classes, competitive shooting
10events, such as rifle, shotgun, or handgun matches, trap,
11skeet, or sporting clays shoots, dinners, banquets, raffles,
12or any other event where the sale or transfer of firearms is
13not the primary course of business.
14    "Gun show promoter" means a person who organizes or
15operates a gun show.
16    "Gun show vendor" means a person who exhibits, sells,
17offers for sale, transfers, or exchanges any firearms at a gun
18show, regardless of whether the person arranges with a gun
19show promoter for a fixed location from which to exhibit,
20sell, offer for sale, transfer, or exchange any firearm.
21    "Involuntarily admitted" has the meaning as prescribed in
22Sections 1-119 and 1-119.1 of the Mental Health and
23Developmental Disabilities Code.
24    "Mental health facility" means any licensed private
25hospital or hospital affiliate, institution, or facility, or
26part thereof, and any facility, or part thereof, operated by

 

 

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1the State or a political subdivision thereof which provides
2provide treatment of persons with mental illness and includes
3all hospitals, institutions, clinics, evaluation facilities,
4mental health centers, colleges, universities, long-term care
5facilities, and nursing homes, or parts thereof, which provide
6treatment of persons with mental illness whether or not the
7primary purpose is to provide treatment of persons with mental
8illness.
9    "National governing body" means a group of persons who
10adopt rules and formulate policy on behalf of a national
11firearm sporting organization.
12    "Noncitizen" means a person who is not a citizen of the
13United States, but is a person who is a foreign-born person who
14lives in the United States, has not been naturalized, and is
15still a citizen of a foreign country.
16    "Patient" means:
17        (1) a person who is admitted as an inpatient or
18    resident of a public or private mental health facility for
19    mental health treatment under Chapter III of the Mental
20    Health and Developmental Disabilities Code as an informal
21    admission, a voluntary admission, a minor admission, an
22    emergency admission, or an involuntary admission, unless
23    the treatment was solely for an alcohol abuse disorder; or
24        (2) a person who voluntarily or involuntarily receives
25    mental health treatment as an out-patient or is otherwise
26    provided services by a public or private mental health

 

 

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1    facility, and who poses a clear and present danger to
2    himself, herself, or to others.
3    "Person with a developmental disability" means a person
4with a disability which is attributable to any other condition
5which results in impairment similar to that caused by an
6intellectual disability and which requires services similar to
7those required by persons with intellectual disabilities. The
8disability must originate before the age of 18 years, be
9expected to continue indefinitely, and constitute a
10substantial disability. This disability results, in the
11professional opinion of a physician, clinical psychologist, or
12qualified examiner, in significant functional limitations in 3
13or more of the following areas of major life activity:
14        (i) self-care;
15        (ii) receptive and expressive language;
16        (iii) learning;
17        (iv) mobility; or
18        (v) self-direction.
19    "Person with an intellectual disability" means a person
20with a significantly subaverage general intellectual
21functioning which exists concurrently with impairment in
22adaptive behavior and which originates before the age of 18
23years.
24    "Physician" has the meaning as defined in Section 1-120 of
25the Mental Health and Developmental Disabilities Code.
26    "Protective order" means any orders of protection issued

 

 

10200HB5004ham001- 12 -LRB102 23330 RJF 37140 a

1under the Illinois Domestic Violence Act of 1986, stalking no
2contact orders issued under the Stalking No Contact Order Act,
3civil no contact orders issued under the Civil No Contact
4Order Act, and firearms restraining orders issued under the
5Firearms Restraining Order Act.
6    "Qualified examiner" has the meaning provided in Section
71-122 of the Mental Health and Developmental Disabilities
8Code.
9    "Sanctioned competitive shooting event" means a shooting
10contest officially recognized by a national or state shooting
11sport association, and includes any sight-in or practice
12conducted in conjunction with the event.
13    "School administrator" means the person required to report
14under the School Administrator Reporting of Mental Health
15Clear and Present Danger Determinations Law.
16    "Stun gun or taser" has the meaning ascribed to it in
17Section 24-1 of the Criminal Code of 2012.
18(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
19revised 10-6-21.)"; and
 
20on page 90, by replacing lines 2 through 4 with the following:
21            "(vi) He or she is lawfully present in the United
22        States not an alien who is unlawfully present in the
23        United States under the laws of the United States;";
24        and
 

 

 

10200HB5004ham001- 13 -LRB102 23330 RJF 37140 a

1on page 91, lines 4 and 9, by replacing "noncitizen" each time
2it appears with "person"; and
 
3on page 91, line 21, by replacing "noncitizen" with "person";
4and
 
5on page 98, lines 1, 3, 7, and 19, by replacing "noncitizen"
6each time it appears with "person"; and
 
7on page 104, line 15, by replacing "noncitizen" with "person";
8and
 
9on page 107, by replacing line 13 with "document, such as a
10permanent resident card an alien registration recipient card";
11and
 
12on page 144, line 26, by replacing "alien" with "alien"; and
 
13on page 145, line 1, by deleting "as a noncitizen"; and
 
14on page 157, by replacing line 15 with "U.S. citizen who is
15lawfully present not an unauthorized alien"; and
 
16on page 158, lines 5 and 15, by deleting "noncitizen" each time
17it appears; and
 

 

 

10200HB5004ham001- 14 -LRB102 23330 RJF 37140 a

1on page 158, line 9, by deleting "Noncitizen"; and
 
2on page 159, lines 6 and 24, by deleting "noncitizen" each time
3it appears; and
 
4on page 206, line 8, by replacing "Non-resident noncitizens"
5with "Noncitizens Non-resident".