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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3532 Introduced , by Rep. Esther Golar 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 3 times 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 3 times within a 2-year period shall forthwith forward that information to the Department of State Police. 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 | |
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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 is intellectually disabled;
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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 mentally |
| 11 | | disabled person; |
| 12 | | (s) A person who has been found to be developmentally |
| 13 | | disabled; |
| 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 the local law enforcement agency his or her firearms |
| 15 | | lost or stolen 3 times within a 2-year period. Any law |
| 16 | | enforcement agency that has knowledge that a card holder has |
| 17 | | reported his or her firearms lost or stolen 3 times within a |
| 18 | | 2-year period shall forthwith forward that information to the |
| 19 | | Department of State Police. |
| 20 | | Upon revocation of a person's Firearm Owner's |
| 21 | | Identification Card, the Department of State Police shall |
| 22 | | provide notice to the person and the person shall comply with |
| 23 | | Section 9.5 of this Act. |
| 24 | | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, |
| 25 | | eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13; |
| 26 | | 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, eff. |
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| 1 | | 7-16-14.)
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| 2 | | Section 10. The Criminal Code of 2012 is amended by |
| 3 | | changing Section 8-4 as follows:
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| 4 | | (720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
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| 5 | | Sec. 8-4. Attempt.
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| 6 | | (a) Elements of the offense.
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| 7 | | A person commits the offense of attempt when, with intent |
| 8 | | to commit a specific
offense, he or she does any act that |
| 9 | | constitutes a substantial step toward the
commission of that |
| 10 | | offense.
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| 11 | | (b) Impossibility.
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| 12 | | It is not a defense to a charge of attempt that because of |
| 13 | | a
misapprehension of the circumstances it would have been |
| 14 | | impossible for
the accused to commit the offense attempted.
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| 15 | | (c) Sentence.
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| 16 | | A person convicted of attempt may be fined or imprisoned or |
| 17 | | both
not to exceed the maximum provided for the offense |
| 18 | | attempted but, except
for an attempt to commit the offense |
| 19 | | defined in Section 33A-2 of this Code:
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| 20 | | (1) the sentence for attempt to commit first degree |
| 21 | | murder is the
sentence for a Class X felony, except that
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| 22 | | (A) an attempt to commit first
degree murder when |
| 23 | | at least one of the aggravating factors specified in
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| 24 | | paragraphs (1), (2), and (12) of subsection (b) of |
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| 1 | | Section 9-1 is present is
a Class X felony for which |
| 2 | | the sentence shall be a term of imprisonment of
not |
| 3 | | less than 20 years and not more than 80 years;
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| 4 | | (B) an attempt to commit first degree murder while |
| 5 | | armed with a
firearm is a Class X felony for which 15 |
| 6 | | years shall be added to the term of
imprisonment |
| 7 | | imposed by the court;
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| 8 | | (C) an attempt to commit first degree murder during |
| 9 | | which the person
personally discharged a firearm is a |
| 10 | | Class X felony for which 20 years
shall be added to the |
| 11 | | term of imprisonment imposed by the court;
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| 12 | | (D) an attempt to commit first degree murder during |
| 13 | | which the person
personally discharged a firearm that |
| 14 | | proximately caused great bodily harm,
permanent |
| 15 | | disability, permanent disfigurement, or death to
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| 16 | | another person is a Class X felony for which 25 years |
| 17 | | or up to a term of
natural life shall be added to the |
| 18 | | term of imprisonment imposed by the court; and
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| 19 | | (E) if the defendant proves by a preponderance of |
| 20 | | the evidence at sentencing that, at the time of the |
| 21 | | attempted murder, he or she was acting under a sudden |
| 22 | | and intense passion resulting from serious provocation |
| 23 | | by the individual whom the defendant endeavored to |
| 24 | | kill, or another, and, had the individual the defendant |
| 25 | | endeavored to kill died, the defendant would have |
| 26 | | negligently or accidentally caused that death, then |
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| 1 | | the sentence for the attempted murder is the sentence |
| 2 | | for a Class 1 felony;
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| 3 | | (2) the sentence for attempt to commit a Class X felony |
| 4 | | is the sentence
for a Class 1 felony;
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| 5 | | (3) the sentence for attempt to commit a Class 1 felony |
| 6 | | is the sentence
for a Class 2 felony;
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| 7 | | (4) the sentence for attempt to commit a Class 2 felony |
| 8 | | is the sentence
for a Class 3 felony; and
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| 9 | | (4.1) the sentence for attempt to commit a violation of |
| 10 | | paragraph (1) of subsection (a) of Section 2 of the Firearm |
| 11 | | Owners Identification Card Act by use of a revoked Firearm |
| 12 | | Owner's Identification Card is a Class 4 felony; and
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| 13 | | (5) the sentence for attempt to commit any felony other |
| 14 | | than those
specified in items (1), (2), (3), and (4), and |
| 15 | | (4.1) of this subsection (c) is
the sentence for a Class A |
| 16 | | misdemeanor.
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| 17 | | (Source: P.A. 96-710, eff. 1-1-10.)
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