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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3390 Introduced , by Rep. Kelly M. Cassidy - Christian L. Mitchell SYNOPSIS AS INTRODUCED:
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| 430 ILCS 65/8 | from Ch. 38, par. 83-8 | 720 ILCS 5/8-4 | from Ch. 38, par. 8-4 |
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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 for the purposes of this provision, 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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| 1 | | AN ACT concerning firearms.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Firearm Owners Identification Card Act is |
| 5 | | amended by changing Section 8 as follows:
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| 6 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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| 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:
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| 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;
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| 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;
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| 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;
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| 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;
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| 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;
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| 18 | | (g) A person who has an intellectual disability;
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| 19 | | (h) A person who intentionally makes a false statement |
| 20 | | in the Firearm
Owner's Identification Card application;
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| 21 | | (i) An alien who is unlawfully present in
the United |
| 22 | | States under the laws of the United States;
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| 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:
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| 4 | | (1) admitted to the United States for lawful |
| 5 | | hunting or sporting purposes;
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| 6 | | (2) an official representative of a foreign |
| 7 | | government who is:
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| 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
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| 11 | | States; or
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| 12 | | (B) en route to or from another country to |
| 13 | | which that alien is
accredited;
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| 14 | | (3) an official of a foreign government or |
| 15 | | distinguished foreign visitor
who has been so |
| 16 | | designated by the Department of State;
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| 17 | | (4) a foreign law enforcement officer of a friendly |
| 18 | | foreign government
entering the United States on |
| 19 | | official business; or
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| 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);
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| 23 | | (j) (Blank);
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| 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
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| 2 | | used or possessed;
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| 3 | | (l) A person who has been convicted of domestic |
| 4 | | battery, aggravated domestic battery, or a substantially
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| 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;
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| 21 | | (m) (Blank);
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| 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;
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| 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;
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| 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;
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| 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 person with |
| 11 | | a mental disability; |
| 12 | | (s) A person who has been found to have a developmental |
| 13 | | disability; |
| 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 | | The Department of State Police shall revoke for one year |
| 13 | | the Firearm Owner's Identification Card of a card holder who |
| 14 | | reports to a local law enforcement agency his or her firearms |
| 15 | | lost or stolen in 3 separate incidents within a 2-year period. |
| 16 | | Any law enforcement agency that has knowledge that a card |
| 17 | | holder has reported his or her firearms lost or stolen in 3 |
| 18 | | separate incidents within a 2-year period shall forthwith |
| 19 | | forward that information to the Department of State Police. For |
| 20 | | the purposes of this paragraph, an "incident" means an occasion |
| 21 | | in which the card holder's firearm or firearms have been lost |
| 22 | | or stolen regardless of the number of firearms lost or stolen |
| 23 | | in the incident and the report of the loss or theft of the |
| 24 | | firearm or firearms on one occasion shall be considered one |
| 25 | | incident. If a law enforcement agency recovers a firearm that |
| 26 | | had been lost or stolen and has not been previously reported as |
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| 1 | | lost or stolen, the recovery of the firearm shall be considered |
| 2 | | an incident for the purpose of this paragraph. |
| 3 | | Upon revocation of a person's Firearm Owner's |
| 4 | | Identification Card, the Department of State Police shall |
| 5 | | provide notice to the person and the person shall comply with |
| 6 | | Section 9.5 of this Act. |
| 7 | | (Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, |
| 8 | | eff. 7-16-14; 99-143, eff. 7-27-15.)
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| 9 | | Section 10. The Criminal Code of 2012 is amended by |
| 10 | | changing Section 8-4 as follows:
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| 11 | | (720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
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| 12 | | Sec. 8-4. Attempt.
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| 13 | | (a) Elements of the offense.
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| 14 | | A person commits the offense of attempt when, with intent |
| 15 | | to commit a specific
offense, he or she does any act that |
| 16 | | constitutes a substantial step toward the
commission of that |
| 17 | | offense.
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| 18 | | (b) Impossibility.
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| 19 | | It is not a defense to a charge of attempt that because of |
| 20 | | a
misapprehension of the circumstances it would have been |
| 21 | | impossible for
the accused to commit the offense attempted.
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| 22 | | (c) Sentence.
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| 23 | | A person convicted of attempt may be fined or imprisoned or |
| 24 | | both
not to exceed the maximum provided for the offense |
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| 1 | | attempted but, except
for an attempt to commit the offense |
| 2 | | defined in Section 33A-2 of this Code:
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| 3 | | (1) the sentence for attempt to commit first degree |
| 4 | | murder is the
sentence for a Class X felony, except that
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| 5 | | (A) an attempt to commit first
degree murder when |
| 6 | | at least one of the aggravating factors specified in
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| 7 | | paragraphs (1), (2), and (12) of subsection (b) of |
| 8 | | Section 9-1 is present is
a Class X felony for which |
| 9 | | the sentence shall be a term of imprisonment of
not |
| 10 | | less than 20 years and not more than 80 years;
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| 11 | | (B) an attempt to commit first degree murder while |
| 12 | | armed with a
firearm is a Class X felony for which 15 |
| 13 | | years shall be added to the term of
imprisonment |
| 14 | | imposed by the court;
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| 15 | | (C) an attempt to commit first degree murder during |
| 16 | | which the person
personally discharged a firearm is a |
| 17 | | Class X felony for which 20 years
shall be added to the |
| 18 | | term of imprisonment imposed by the court;
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| 19 | | (D) an attempt to commit first degree murder during |
| 20 | | which the person
personally discharged a firearm that |
| 21 | | proximately caused great bodily harm,
permanent |
| 22 | | disability, permanent disfigurement, or death to
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| 23 | | another person is a Class X felony for which 25 years |
| 24 | | or up to a term of
natural life shall be added to the |
| 25 | | term of imprisonment imposed by the court; and
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| 26 | | (E) if the defendant proves by a preponderance of |
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| 1 | | the evidence at sentencing that, at the time of the |
| 2 | | attempted murder, he or she was acting under a sudden |
| 3 | | and intense passion resulting from serious provocation |
| 4 | | by the individual whom the defendant endeavored to |
| 5 | | kill, or another, and, had the individual the defendant |
| 6 | | endeavored to kill died, the defendant would have |
| 7 | | negligently or accidentally caused that death, then |
| 8 | | the sentence for the attempted murder is the sentence |
| 9 | | for a Class 1 felony;
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| 10 | | (2) the sentence for attempt to commit a Class X felony |
| 11 | | is the sentence
for a Class 1 felony;
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| 12 | | (3) the sentence for attempt to commit a Class 1 felony |
| 13 | | is the sentence
for a Class 2 felony;
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| 14 | | (4) the sentence for attempt to commit a Class 2 felony |
| 15 | | is the sentence
for a Class 3 felony; and
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| 16 | | (4.1) the sentence for attempt to commit a violation of |
| 17 | | paragraph (1) of subsection (a) of Section 2 of the Firearm |
| 18 | | Owners Identification Card Act by use of a revoked Firearm |
| 19 | | Owner's Identification Card is a Class 4 felony; and
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| 20 | | (5) the sentence for attempt to commit any felony other |
| 21 | | than those
specified in items (1), (2), (3), and (4), and |
| 22 | | (4.1) of this subsection (c) is
the sentence for a Class A |
| 23 | | misdemeanor.
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| 24 | | (Source: P.A. 96-710, eff. 1-1-10.)
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