Full Text of HB2760 95th General Assembly
HB2760eng 95TH GENERAL ASSEMBLY
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HB2760 Engrossed |
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LRB095 00964 RLC 20966 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Firearm Owners Identification Card Act is | 5 |
| amended by changing Section 8 as follows:
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| (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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| (Text of Section before amendment by P.A. 95-581 )
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| Sec. 8. The Department of State Police has authority to | 9 |
| deny an
application for or to revoke and seize a Firearm | 10 |
| Owner's Identification
Card previously issued under this Act | 11 |
| only if the Department finds that the
applicant or the person | 12 |
| to whom such card was issued is or was at the time
of issuance:
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| (a) A person under 21 years of age who has been convicted | 14 |
| of a
misdemeanor other than a traffic offense or adjudged | 15 |
| delinquent;
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| (b) A person under 21 years of age who does not have the | 17 |
| written consent
of his parent or guardian to acquire and | 18 |
| possess firearms and firearm
ammunition, or whose parent or | 19 |
| guardian has revoked such written consent,
or where such parent | 20 |
| or guardian does not qualify to have a Firearm Owner's
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| Identification Card;
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| (c) A person convicted of a felony under the laws of this | 23 |
| or any other
jurisdiction;
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HB2760 Engrossed |
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LRB095 00964 RLC 20966 b |
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| (d) A person addicted to narcotics;
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| (e) A person who has been a patient of a mental institution | 3 |
| within the
past 5 years;
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| (f) A person whose mental condition is of such a nature | 5 |
| that it poses
a clear and present danger to the applicant, any | 6 |
| other person or persons or
the community;
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| For the purposes of this Section, "mental condition" means | 8 |
| a state of
mind manifested by violent, suicidal, threatening or | 9 |
| assaultive behavior.
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| (g) A person who is mentally retarded;
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| (h) A person who intentionally makes a false statement in | 12 |
| the Firearm
Owner's Identification Card application;
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| (i) An alien who is unlawfully present in
the United States | 14 |
| under the laws of the United States;
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| (i-5) An alien who has been admitted to the United States | 16 |
| under a
non-immigrant visa (as that term is defined in Section | 17 |
| 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | 18 |
| 1101(a)(26))), except that this
subsection (i-5) does not apply | 19 |
| to any alien who has been lawfully admitted to
the United | 20 |
| States under a non-immigrant visa if that alien is:
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| (1) admitted to the United States for lawful hunting or | 22 |
| sporting purposes;
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| (2) an official representative of a foreign government | 24 |
| who is:
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| (A) accredited to the United States Government or | 26 |
| the Government's
mission to an international |
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HB2760 Engrossed |
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LRB095 00964 RLC 20966 b |
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| organization having its headquarters in the United
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| States; or
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| (B) en route to or from another country to which | 4 |
| that alien is
accredited;
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| (3) an official of a foreign government or | 6 |
| distinguished foreign visitor
who has been so designated by | 7 |
| the Department of State;
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| (4) a foreign law enforcement officer of a friendly | 9 |
| foreign government
entering the United States on official | 10 |
| business; or
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| (5) one who has received a waiver from the Attorney | 12 |
| General of the United
States pursuant to 18 U.S.C. | 13 |
| 922(y)(3);
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| (j) A person who is subject to an existing order of | 15 |
| protection prohibiting
him or her from possessing a firearm;
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| (k) A person who has been convicted within the past 5 years | 17 |
| of battery,
assault, aggravated assault, violation of an order | 18 |
| of protection, or a
substantially similar offense in another | 19 |
| jurisdiction, in which a firearm was
used or possessed;
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| (l) A person who has been convicted of domestic battery or | 21 |
| a substantially
similar offense in another jurisdiction | 22 |
| committed on or after January 1,
1998;
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| (m) A person who has been convicted within the past 5 years | 24 |
| of domestic
battery or a substantially similar offense in | 25 |
| another jurisdiction committed
before January 1, 1998;
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| (n) A person who is prohibited from acquiring or possessing
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HB2760 Engrossed |
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LRB095 00964 RLC 20966 b |
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| firearms or firearm ammunition by any Illinois State statute or | 2 |
| by federal
law;
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| (o) A minor subject to a petition filed under Section 5-520 | 4 |
| of the
Juvenile Court Act of 1987 alleging that the minor is a | 5 |
| delinquent minor for
the commission of an offense that if | 6 |
| committed by an adult would be a felony;
or
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| (p) An adult who had been adjudicated a delinquent minor | 8 |
| under the Juvenile
Court Act of 1987 for the commission of an | 9 |
| offense that if committed by an
adult would be a felony.
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| The Department of State Police may revoke and seize a | 11 |
| Firearm Owner's Identification
Card previously issued under | 12 |
| this Act of a person who fails to report the loss or theft of a | 13 |
| handgun a second time to the local law enforcement agency | 14 |
| within 72 hours after obtaining knowledge of the second loss or | 15 |
| theft.
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| (Source: P.A. 92-854, eff. 12-5-02; 93-367, eff. 1-1-04 .)
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| (Text of Section after amendment by P.A. 95-581 )
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| Sec. 8. The Department of State Police has authority to | 19 |
| deny an
application for or to revoke and seize a Firearm | 20 |
| Owner's Identification
Card previously issued under this Act | 21 |
| only if the Department finds that the
applicant or the person | 22 |
| to whom such card was issued is or was at the time
of issuance:
| 23 |
| (a) A person under 21 years of age who has been convicted | 24 |
| of a
misdemeanor other than a traffic offense or adjudged | 25 |
| delinquent;
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HB2760 Engrossed |
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LRB095 00964 RLC 20966 b |
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| 1 |
| (b) A person under 21 years of age who does not have the | 2 |
| written consent
of his parent or guardian to acquire and | 3 |
| possess firearms and firearm
ammunition, or whose parent or | 4 |
| guardian has revoked such written consent,
or where such parent | 5 |
| or guardian does not qualify to have a Firearm Owner's
| 6 |
| Identification Card;
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| (c) A person convicted of a felony under the laws of this | 8 |
| or any other
jurisdiction;
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| (d) A person addicted to narcotics;
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| (e) A person who has been a patient of a mental institution | 11 |
| within the
past 5 years or has been adjudicated as a mental | 12 |
| defective;
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| (f) A person whose mental condition is of such a nature | 14 |
| that it poses
a clear and present danger to the applicant, any | 15 |
| other person or persons or
the community;
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| For the purposes of this Section, "mental condition" means | 17 |
| a state of
mind manifested by violent, suicidal, threatening or | 18 |
| assaultive behavior.
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| (g) A person who is mentally retarded;
| 20 |
| (h) A person who intentionally makes a false statement in | 21 |
| the Firearm
Owner's Identification Card application;
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| (i) An alien who is unlawfully present in
the United States | 23 |
| under the laws of the United States;
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| (i-5) An alien who has been admitted to the United States | 25 |
| under a
non-immigrant visa (as that term is defined in Section | 26 |
| 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. |
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HB2760 Engrossed |
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LRB095 00964 RLC 20966 b |
|
| 1 |
| 1101(a)(26))), except that this
subsection (i-5) does not apply | 2 |
| to any alien who has been lawfully admitted to
the United | 3 |
| States under a non-immigrant visa if that alien is:
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| (1) admitted to the United States for lawful hunting or | 5 |
| sporting purposes;
| 6 |
| (2) an official representative of a foreign government | 7 |
| who is:
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| (A) accredited to the United States Government or | 9 |
| the Government's
mission to an international | 10 |
| organization having its headquarters in the United
| 11 |
| States; or
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| (B) en route to or from another country to which | 13 |
| that alien is
accredited;
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| (3) an official of a foreign government or | 15 |
| distinguished foreign visitor
who has been so designated by | 16 |
| the Department of State;
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| (4) a foreign law enforcement officer of a friendly | 18 |
| foreign government
entering the United States on official | 19 |
| business; or
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| (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);
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| (j) A person who is subject to an existing order of | 24 |
| protection prohibiting
him or her from possessing a firearm;
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| (k) A person who has been convicted within the past 5 years | 26 |
| of battery,
assault, aggravated assault, violation of an order |
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HB2760 Engrossed |
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LRB095 00964 RLC 20966 b |
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| of protection, or a
substantially similar offense in another | 2 |
| jurisdiction, in which a firearm was
used or possessed;
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| (l) A person who has been convicted of domestic battery or | 4 |
| a substantially
similar offense in another jurisdiction | 5 |
| committed on or after January 1,
1998;
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| (m) A person who has been convicted within the past 5 years | 7 |
| of domestic
battery or a substantially similar offense in | 8 |
| another jurisdiction committed
before January 1, 1998;
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| (n) A person who is prohibited from acquiring or possessing
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| firearms or firearm ammunition by any Illinois State statute or | 11 |
| by federal
law;
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| (o) A minor subject to a petition filed under Section 5-520 | 13 |
| of the
Juvenile Court Act of 1987 alleging that the minor is a | 14 |
| delinquent minor for
the commission of an offense that if | 15 |
| committed by an adult would be a felony;
or
| 16 |
| (p) An adult who had been adjudicated a delinquent minor | 17 |
| under the Juvenile
Court Act of 1987 for the commission of an | 18 |
| offense that if committed by an
adult would be a felony.
| 19 |
| The Department of State Police may revoke and seize a | 20 |
| Firearm Owner's Identification
Card previously issued under | 21 |
| this Act of a person who fails to report the loss or theft of a | 22 |
| handgun a second time to the local law enforcement agency | 23 |
| within 72 hours after obtaining knowledge of the second loss or | 24 |
| theft.
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| (Source: P.A. 95-581, eff. 6-1-08.)
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HB2760 Engrossed |
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LRB095 00964 RLC 20966 b |
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| Section 10. The Criminal Code of 1961 is amended by adding | 2 |
| Section 24-4.1 as follows: | 3 |
| (720 ILCS 5/24-4.1 new)
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| Sec. 24-4.1. Report of lost or stolen handguns.
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| (a) If a person who possesses a valid Firearm Owner's | 6 |
| Identification Card and who possesses or acquires a handgun | 7 |
| thereafter loses or misplaces the handgun, or if the handgun is | 8 |
| stolen from the person, the person must report the loss or | 9 |
| theft to the local law enforcement agency within 72 hours after | 10 |
| obtaining knowledge of the loss or theft. | 11 |
| (b) Sentence. A person who violates this Section is guilty | 12 |
| of a petty offense for a first violation. A second or | 13 |
| subsequent violation of this Section is a Class A misdemeanor.
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| Section 95. No acceleration or delay. Where this Act makes | 15 |
| changes in a statute that is represented in this Act by text | 16 |
| that is not yet or no longer in effect (for example, a Section | 17 |
| represented by multiple versions), the use of that text does | 18 |
| not accelerate or delay the taking effect of (i) the changes | 19 |
| made by this Act or (ii) provisions derived from any other | 20 |
| Public Act.
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| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law.
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