102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3661

Introduced , by Rep. Kelly M. Cassidy

SYNOPSIS AS INTRODUCED:

`430 ILCS 65/8`	`from Ch. 38, par. 83-8`
`720 ILCS 5/8-4`	`from Ch. 38, par. 8-4`

Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police shall revoke for one year the Firearm Owner's Identification Card of a card holder who reports to the local law enforcement agency his or her firearms lost or stolen in 3 separate incidents within a 2-year period. Provides that any law enforcement agency that has knowledge that a card holder has reported his or her firearms lost or stolen in 3 separate incidents within a 2-year period shall forthwith forward that information to the Department of State Police. Provides that an "incident" means an occasion in which the card holder's firearm or firearms have been lost or stolen regardless of the number of firearms stolen in the incident and the report of the loss or theft of the firearm or firearms on one occasion shall be considered one incident. Provides that if a law enforcement agency recovers a firearm that had been lost or stolen and has not been previously reported as lost or stolen, the recovery of the firearm shall be considered an incident for the purpose of this provision. Amends the Criminal Code of 2012. Provides that the sentence for attempt to acquire a firearm by use of a revoked Firearm Owner's Identification Card is a Class 4 felony.

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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning firearms.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Firearm Owners Identification Card Act is

5 amended 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

8 of State Police has authority to deny an application for or to

9 revoke and seize a Firearm Owner's Identification Card

10 previously issued under this Act only if the Department finds

11 that the applicant or the person to whom such card was issued

12 is 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) This subsection (b) applies through the 180th day

17 following the effective date of this amendatory Act of the

18 101st General Assembly. A person under 21 years of age who

19 does not have the written consent of his parent or

20 guardian to acquire and possess firearms and firearm

21 ammunition, or whose parent or guardian has revoked such

22 written consent, or where such parent or guardian does not

23 qualify to have a Firearm Owner's Identification Card;

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1 (b-5) This subsection (b-5) applies on and after the

2 181st day following the effective date of this amendatory

3 Act of the 101st General Assembly. A person under 21 years

4 of age who is not an active duty member of the United

5 States Armed Forces and does not have the written consent

6 of his or her parent or guardian to acquire and possess

7 firearms and firearm ammunition, or whose parent or

8 guardian has revoked such written consent, or where such

9 parent or guardian does not qualify to have a Firearm

10 Owner's Identification Card;

11 (c) A person convicted of a felony under the laws of

12 this or any other jurisdiction;

13 (d) A person addicted to narcotics;

14 (e) A person who has been a patient of a mental health

15 facility within the past 5 years or a person who has been a

16 patient in a mental health facility more than 5 years ago

17 who has not received the certification required under

18 subsection (u) of this Section. An active law enforcement

19 officer employed by a unit of government who is denied,

20 revoked, or has his or her Firearm Owner's Identification

21 Card seized under this subsection (e) may obtain relief as

22 described in subsection (c-5) of Section 10 of this Act if

23 the officer did not act in a manner threatening to the

24 officer, another person, or the public as determined by

25 the treating clinical psychologist or physician, and the

26 officer seeks mental health treatment;

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1 (f) A person whose mental condition is of such a

2 nature that it poses a clear and present danger to the

3 applicant, any other person or persons or the community;

4 (g) A person who has an intellectual disability;

5 (h) A person who intentionally makes a false statement

6 in the Firearm Owner's Identification Card application;

7 (i) An alien who is unlawfully present in the United

8 States under the laws of the United States;

9 (i-5) An alien who has been admitted to the United

10 States under a non-immigrant visa (as that term is defined

11 in Section 101(a)(26) of the Immigration and Nationality

12 Act (8 U.S.C. 1101(a)(26))), except that this subsection

13 (i-5) does not apply to any alien who has been lawfully

14 admitted to the United States under a non-immigrant visa

15 if that alien is:

16 (1) admitted to the United States for lawful

17 hunting or sporting purposes;

18 (2) an official representative of a foreign

19 government who is:

20 (A) accredited to the United States Government

21 or the Government's mission to an international

22 organization having its headquarters in the United

23 States; or

24 (B) en route to or from another country to

25 which that alien is accredited;

26 (3) an official of a foreign government or

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1 distinguished foreign visitor who has been so

2 designated by the Department of State;

3 (4) a foreign law enforcement officer of a

4 friendly foreign government entering the United States

5 on official business; or

6 (5) one who has received a waiver from the

7 Attorney General of the United States pursuant to 18

8 U.S.C. 922(y)(3);

9 (j) (Blank);

10 (k) A person who has been convicted within the past 5

11 years of battery, assault, aggravated assault, violation

12 of an order of protection, or a substantially similar

13 offense in another jurisdiction, in which a firearm was

14 used or possessed;

15 (l) A person who has been convicted of domestic

16 battery, aggravated domestic battery, or a substantially

17 similar offense in another jurisdiction committed before,

18 on or after January 1, 2012 (the effective date of Public

19 Act 97-158). If the applicant or person who has been

20 previously issued a Firearm Owner's Identification Card

21 under this Act knowingly and intelligently waives the

22 right to have an offense described in this paragraph (l)

23 tried by a jury, and by guilty plea or otherwise, results

24 in a conviction for an offense in which a domestic

25 relationship is not a required element of the offense but

26 in which a determination of the applicability of 18 U.S.C.

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1 922(g)(9) is made under Section 112A-11.1 of the Code of

2 Criminal Procedure of 1963, an entry by the court of a

3 judgment of conviction for that offense shall be grounds

4 for denying an application for and for revoking and

5 seizing a Firearm Owner's Identification Card previously

6 issued to the person under this Act;

7 (m) (Blank);

8 (n) A person who is prohibited from acquiring or

9 possessing firearms or firearm ammunition by any Illinois

10 State statute or by federal law;

11 (o) A minor subject to a petition filed under Section

12 5-520 of the Juvenile Court Act of 1987 alleging that the

13 minor is a delinquent minor for the commission of an

14 offense that if committed by an adult would be a felony;

15 (p) An adult who had been adjudicated a delinquent

16 minor under the Juvenile Court Act of 1987 for the

17 commission of an offense that if committed by an adult

18 would be a felony;

19 (q) A person who is not a resident of the State of

20 Illinois, except as provided in subsection (a-10) of

21 Section 4;

22 (r) A person who has been adjudicated as a person with

23 a mental disability;

24 (s) A person who has been found to have a

25 developmental disability;

26 (t) A person involuntarily admitted into a mental

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1 health facility; or

2 (u) A person who has had his or her Firearm Owner's

3 Identification Card revoked or denied under subsection (e)

4 of this Section or item (iv) of paragraph (2) of

5 subsection (a) of Section 4 of this Act because he or she

6 was a patient in a mental health facility as provided in

7 subsection (e) of this Section, shall not be permitted to

8 obtain a Firearm Owner's Identification Card, after the

9 5-year period has lapsed, unless he or she has received a

10 mental health evaluation by a physician, clinical

11 psychologist, or qualified examiner as those terms are

12 defined in the Mental Health and Developmental

13 Disabilities Code, and has received a certification that

14 he or she is not a clear and present danger to himself,

15 herself, or others. The physician, clinical psychologist,

16 or qualified examiner making the certification and his or

17 her employer shall not be held criminally, civilly, or

18 professionally liable for making or not making the

19 certification required under this subsection, except for

20 willful or wanton misconduct. This subsection does not

21 apply to a person whose firearm possession rights have

22 been restored through administrative or judicial action

23 under Section 10 or 11 of this Act.

24 The Department of State Police shall revoke for one year

25 the Firearm Owner's Identification Card of a card holder who

26 reports to a local law enforcement agency his or her firearms

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1 lost or stolen in 3 separate incidents within a 2-year period.

2 Any law enforcement agency that has knowledge that a card

3 holder has reported his or her firearms lost or stolen in 3

4 separate incidents within a 2-year period shall forthwith

5 forward that information to the Department of State Police. In

6 this paragraph, an "incident" means an occasion in which the

7 card holder's firearm or firearms have been lost or stolen

8 regardless of the number of firearms lost or stolen in the

9 incident and the report of the loss or theft of the firearm or

10 firearms on one occasion shall be considered one incident. If

11 a law enforcement agency recovers a firearm that had been lost

12 or stolen and has not been previously reported as lost or

13 stolen, the recovery of the firearm shall be considered an

14 incident for the purpose of this paragraph.

15 Upon revocation of a person's Firearm Owner's

16 Identification Card, the Department of State Police shall

17 provide notice to the person and the person shall comply with

18 Section 9.5 of this Act.

19 (Source: P.A. 101-80, eff. 7-12-19.)

20 Section 10. The Criminal Code of 2012 is amended by

21 changing Section 8-4 as follows:

22 (720 ILCS 5/8-4) (from Ch. 38, par. 8-4)

23 Sec. 8-4. Attempt.

24 (a) Elements of the offense.

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1 A person commits the offense of attempt when, with intent

2 to commit a specific offense, he or she does any act that

3 constitutes a substantial step toward the commission of that

4 offense.

5 (b) Impossibility.

6 It is not a defense to a charge of attempt that because of

7 a misapprehension of the circumstances it would have been

8 impossible for the accused to commit the offense attempted.

9 (c) Sentence.

10 A person convicted of attempt may be fined or imprisoned

11 or both not to exceed the maximum provided for the offense

12 attempted but, except for an attempt to commit the offense

13 defined in Section 33A-2 of this Code:

14 (1) the sentence for attempt to commit first degree

15 murder is the sentence for a Class X felony, except that

16 (A) an attempt to commit first degree murder when

17 at least one of the aggravating factors specified in

18 paragraphs (1), (2), and (12) of subsection (b) of

19 Section 9-1 is present is a Class X felony for which

20 the sentence shall be a term of imprisonment of not

21 less than 20 years and not more than 80 years;

22 (B) an attempt to commit first degree murder while

23 armed with a firearm is a Class X felony for which 15

24 years shall be added to the term of imprisonment

25 imposed by the court;

26 (C) an attempt to commit first degree murder

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1 during which the person personally discharged a

2 firearm is a Class X felony for which 20 years shall be

3 added to the term of imprisonment imposed by the

4 court;

5 (D) an attempt to commit first degree murder

6 during which the person personally discharged a

7 firearm that proximately caused great bodily harm,

8 permanent disability, permanent disfigurement, or

9 death to another person is a Class X felony for which

10 25 years or up to a term of natural life shall be added

11 to the term of imprisonment imposed by the court; and

12 (E) if the defendant proves by a preponderance of

13 the evidence at sentencing that, at the time of the

14 attempted murder, he or she was acting under a sudden

15 and intense passion resulting from serious provocation

16 by the individual whom the defendant endeavored to

17 kill, or another, and, had the individual the

18 defendant endeavored to kill died, the defendant would

19 have negligently or accidentally caused that death,

20 then the sentence for the attempted murder is the

21 sentence for a Class 1 felony;

22 (2) the sentence for attempt to commit a Class X

23 felony is the sentence for a Class 1 felony;

24 (3) the sentence for attempt to commit a Class 1

25 felony is the sentence for a Class 2 felony;

26 (4) the sentence for attempt to commit a Class 2

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1 felony is the sentence for a Class 3 felony;~~and~~

2 (4.1) the sentence for attempt to commit a violation

3 of paragraph (1) of subsection (a) of Section 2 of the

4 Firearm Owners Identification Card Act by use of a revoked

5 Firearm Owner's Identification Card is a Class 4 felony;

6 and

7 (5) the sentence for attempt to commit any felony

8 other than those specified in items (1), (2), (3),~~and~~

9 (4), and (4.1)of this subsection (c) is the sentence for a

10 Class A misdemeanor.

11 (Source: P.A. 96-710, eff. 1-1-10.)