103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5554
 
Introduced , by Rep. Mary Gill
 
SYNOPSIS AS INTRODUCED:

430 ILCS 65/9.5
625 ILCS 5/6-103 from Ch. 95 1/2, par. 6-103
 Amends the Firearm Owners Identification Card Act. Provides that a person who fails to surrender a revoked Firearm Owner's Identification Card may not be issued a driver's license, renew a driver's license, retain a driver's license, or be issued a permit under the Illinois Vehicle Code. Provides that within 180 days after the date of revocation of an individual's Firearm Owner's Identification Card, the Illinois State Police shall provide the Secretary of State with a notice that the individual has failed to comply with the provisions. Amends the Illinois Vehicle Code. Makes corresponding changes. Allows the Secretary to issue, renew, or allow the retention of a driver's license or issue a permit if: (i) the applicant's Firearm Owner's Identification Card is successfully reinstated; or (ii) the applicant surrenders possession of the Firearm Owner's Identification Card to the State Police or to the local law enforcement agency where the applicant resides.


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A BILL FOR
 
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1 AN ACT concerning transportation.

2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4 Section 5. The Firearm Owners Identification Card Act is 
5amended by changing Section 9.5 as follows:

6 (430 ILCS 65/9.5)
7 Sec. 9.5. Revocation of Firearm Owner's Identification 
8Card.
9 (a) A person who receives a revocation notice under 
10Section 9 of this Act shall, within 48 hours of receiving 
11notice of the revocation:
12  (1) surrender his or her Firearm Owner's 
13 Identification Card to the local law enforcement agency 
14 where the person resides or to the Illinois State Police; 
15 and
16  (2) complete a Firearm Disposition Record on a form 
17 prescribed by the Illinois State Police and place his or 
18 her firearms in the location or with the person reported 
19 in the Firearm Disposition Record. The form shall require 
20 the person to disclose:
21   (A) the make, model, and serial number of each 
22 firearm owned by or under the custody and control of 
23 the revoked person;
 
 
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1   (B) the location where each firearm will be 
2 maintained during the prohibited term;
3   (C) if any firearm will be transferred to the 
4 custody of another person, the name, address and 
5 Firearm Owner's Identification Card number of the 
6 transferee; and
7   (D) to whom his or her Firearm Owner's 
8 Identification Card was surrendered.
9  Once completed, the person shall retain a copy and 
10 provide a copy of the Firearm Disposition Record to the 
11 Illinois State Police. 
12 (b) Upon confirming through the portal created under 
13Section 2605-304 of the Illinois State Police Law of the Civil 
14Administrative Code of Illinois that the Firearm Owner's 
15Identification Card has been revoked by the Illinois State 
16Police, surrendered cards shall be destroyed by the law 
17enforcement agency receiving the cards. If a card has not been 
18revoked, the card shall be returned to the cardholder.
19 (b-5) If a court orders the surrender of a Firearm Owner's 
20Identification Card and accepts receipt of the Card, the court 
21shall destroy the Card and direct the person whose Firearm 
22Owner's Identification Card has been surrendered to comply 
23with paragraph (2) of subsection (a).
24 (b-10) If the person whose Firearm Owner's Identification 
25Card has been revoked has either lost or destroyed the Card, 
26the person must still comply with paragraph (2) of subsection 
 
 
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1(a).
2 (b-15) A notation shall be made in the portal created 
3under Section 2605-304 of the Illinois State Police Law of the 
4Civil Administrative Code of Illinois that the revoked Firearm 
5Owner's Identification Card has been destroyed. 
6 (c) If the person whose Firearm Owner's Identification 
7Card has been revoked fails to comply with the requirements of 
8this Section, the sheriff or law enforcement agency where the 
9person resides may petition the circuit court to issue a 
10warrant to search for and seize the Firearm Owner's 
11Identification Card and firearms in the possession or under 
12the custody or control of the person whose Firearm Owner's 
13Identification Card has been revoked.
14 (d) A violation of subsection (a) of this Section is a 
15Class A misdemeanor.
16 (e) The observation of a Firearm Owner's Identification 
17Card in the possession of a person whose Firearm Owner's 
18Identification Card has been revoked constitutes a sufficient 
19basis for the arrest of that person for violation of this 
20Section.
21 (f) Within 30 days after July 9, 2013 (the effective date 
22of Public Act 98-63), the Illinois State Police shall provide 
23written notice of the requirements of this Section to persons 
24whose Firearm Owner's Identification Cards have been revoked, 
25suspended, or expired and who have failed to surrender their 
26cards to the Illinois State Police.
 
 
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1 (g) A person whose Firearm Owner's Identification Card has 
2been revoked and who received notice under subsection (f) 
3shall comply with the requirements of this Section within 48 
4hours of receiving notice. 
5 (h) Pursuant to Section 6-103 of the Illinois Vehicle 
6Code, a person who fails to surrender a revoked Firearm 
7Owner's Identification Card under this Section may not be 
8issued a driver's license, renew a driver's license, retain a 
9driver's license, or be issued a permit under the Illinois 
10Vehicle Code. Within 180 days after the date of revocation of 
11an individual's Firearm Owner's Identification Card, the 
12Illinois State Police shall provide the Secretary of State 
13with a notice that the individual has failed to comply with 
14this Section. 
15(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
16102-813, eff. 5-13-22; 103-154, eff. 6-30-23.)

17 Section 10. The Illinois Vehicle Code is amended by 
18changing Section 6-103 as follows:

19 (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
20 Sec. 6-103. What persons shall not be licensed as drivers 
21or granted permits. The Secretary of State shall not issue, 
22renew, or allow the retention of any driver's license nor 
23issue any permit under this Code:
24  1. To any person, as a driver, who is under the age of 
 
 
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1 18 years except as provided in Section 6-107, and except 
2 that an instruction permit may be issued under Section 
3 6-107.1 to a child who is not less than 15 years of age if 
4 the child is enrolled in an approved driver education 
5 course as defined in Section 1-103 of this Code and 
6 requires an instruction permit to participate therein, 
7 except that an instruction permit may be issued under the 
8 provisions of Section 6-107.1 to a child who is 17 years 
9 and 3 months of age without the child having enrolled in an 
10 approved driver education course and except that an 
11 instruction permit may be issued to a child who is at least 
12 15 years and 3 months of age, is enrolled in school, meets 
13 the educational requirements of the Driver Education Act, 
14 and has passed examinations the Secretary of State in his 
15 or her discretion may prescribe;
16  1.5. To any person at least 18 years of age but less 
17 than 21 years of age unless the person has, in addition to 
18 any other requirements of this Code, successfully 
19 completed an adult driver education course as provided in 
20 Section 6-107.5 of this Code; 
21  2. To any person who is under the age of 18 as an 
22 operator of a motorcycle other than a motor driven cycle 
23 unless the person has, in addition to meeting the 
24 provisions of Section 6-107 of this Code, successfully 
25 completed a motorcycle training course approved by the 
26 Illinois Department of Transportation;
 
 
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1  3. To any person, as a driver, whose driver's license 
2 or permit has been suspended, during the suspension, nor 
3 to any person whose driver's license or permit has been 
4 revoked, except as provided in Sections 6-205, 6-206, and 
5 6-208;
6  4. To any person, as a driver, who is a user of alcohol 
7 or any other drug to a degree that renders the person 
8 incapable of safely driving a motor vehicle;
9  5. To any person, as a driver, who has previously been 
10 adjudged to be afflicted with or suffering from any mental 
11 or physical disability or disease and who has not at the 
12 time of application been restored to competency by the 
13 methods provided by law;
14  6. To any person, as a driver, who is required by the 
15 Secretary of State to submit an alcohol and drug 
16 evaluation or take an examination provided for in this 
17 Code unless the person has successfully passed the 
18 examination and submitted any required evaluation;
19  7. To any person who is required under the provisions 
20 of the laws of this State to deposit security or proof of 
21 financial responsibility and who has not deposited the 
22 security or proof;
23  8. To any person when the Secretary of State has good 
24 cause to believe that the person by reason of physical or 
25 mental disability would not be able to safely operate a 
26 motor vehicle upon the highways, unless the person shall 
 
 
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1 furnish to the Secretary of State a verified written 
2 statement, acceptable to the Secretary of State, from a 
3 competent medical specialist, a licensed physician 
4 assistant, or a licensed advanced practice registered 
5 nurse, to the effect that the operation of a motor vehicle 
6 by the person would not be inimical to the public safety;
7  9. To any person, as a driver, who is 69 years of age 
8 or older, unless the person has successfully complied with 
9 the provisions of Section 6-109;
10  10. To any person convicted, within 12 months of 
11 application for a license, of any of the sexual offenses 
12 enumerated in paragraph 2 of subsection (b) of Section 
13 6-205;
14  11. To any person who is under the age of 21 years with 
15 a classification prohibited in paragraph (b) of Section 
16 6-104 and to any person who is under the age of 18 years 
17 with a classification prohibited in paragraph (c) of 
18 Section 6-104;
19  12. To any person who has been either convicted of or 
20 adjudicated under the Juvenile Court Act of 1987 based 
21 upon a violation of the Cannabis Control Act, the Illinois 
22 Controlled Substances Act, or the Methamphetamine Control 
23 and Community Protection Act while that person was in 
24 actual physical control of a motor vehicle. For purposes 
25 of this Section, any person placed on probation under 
26 Section 10 of the Cannabis Control Act, Section 410 of the 
 
 
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1 Illinois Controlled Substances Act, or Section 70 of the 
2 Methamphetamine Control and Community Protection Act shall 
3 not be considered convicted. Any person found guilty of 
4 this offense, while in actual physical control of a motor 
5 vehicle, shall have an entry made in the court record by 
6 the judge that this offense did occur while the person was 
7 in actual physical control of a motor vehicle and order 
8 the clerk of the court to report the violation to the 
9 Secretary of State as such. The Secretary of State shall 
10 not issue a new license or permit for a period of one year;
11  13. To any person who is under the age of 18 years and 
12 who has committed the offense of operating a motor vehicle 
13 without a valid license or permit in violation of Section 
14 6-101 or a similar out-of-state out of state offense;
15  14. To any person who is 90 days or more delinquent in 
16 court ordered child support payments or has been 
17 adjudicated in arrears in an amount equal to 90 days' 
18 obligation or more and who has been found in contempt of 
19 court for failure to pay the support, subject to the 
20 requirements and procedures of Article VII of Chapter 7 of 
21 the Illinois Vehicle Code;
22  14.5. To any person certified by the Illinois 
23 Department of Healthcare and Family Services as being 90 
24 days or more delinquent in payment of support under an 
25 order of support entered by a court or administrative body 
26 of this or any other State, subject to the requirements 
 
 
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1 and procedures of Article VII of Chapter 7 of this Code 
2 regarding those certifications; 
3  15. To any person released from a term of imprisonment 
4 for violating Section 9-3 of the Criminal Code of 1961 or 
5 the Criminal Code of 2012, or a similar provision of a law 
6 of another state relating to reckless homicide or for 
7 violating subparagraph (F) of paragraph (1) of subsection 
8 (d) of Section 11-501 of this Code relating to aggravated 
9 driving under the influence of alcohol, other drug or 
10 drugs, intoxicating compound or compounds, or any 
11 combination thereof, if the violation was the proximate 
12 cause of a death, within 24 months of release from a term 
13 of imprisonment; 
14  16. To any person who, with intent to influence any 
15 act related to the issuance of any driver's license or 
16 permit, by an employee of the Secretary of State's Office, 
17 or the owner or employee of any commercial driver training 
18 school licensed by the Secretary of State, or any other 
19 individual authorized by the laws of this State to give 
20 driving instructions or administer all or part of a 
21 driver's license examination, promises or tenders to that 
22 person any property or personal advantage which that 
23 person is not authorized by law to accept. Any persons 
24 promising or tendering such property or personal advantage 
25 shall be disqualified from holding any class of driver's 
26 license or permit for 120 consecutive days. The Secretary 
 
 
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1 of State shall establish by rule the procedures for 
2 implementing this period of disqualification and the 
3 procedures by which persons so disqualified may obtain 
4 administrative review of the decision to disqualify;
5  17. To any person for whom the Secretary of State 
6 cannot verify the accuracy of any information or 
7 documentation submitted in application for a driver's 
8 license;
9  18. To any person who has been adjudicated under the 
10 Juvenile Court Act of 1987 based upon an offense that is 
11 determined by the court to have been committed in 
12 furtherance of the criminal activities of an organized 
13 gang, as provided in Section 5-710 of that Act, and that 
14 involved the operation or use of a motor vehicle or the use 
15 of a driver's license or permit. The person shall be 
16 denied a license or permit for the period determined by 
17 the court; or 
18  19. To any person who holds a REAL ID compliant 
19 identification card or REAL ID compliant Person with a 
20 Disability Identification Card issued under the Illinois 
21 Identification Card Act. Any such person may, at his or 
22 her discretion, surrender the REAL ID compliant 
23 identification card or REAL ID compliant Person with a 
24 Disability Identification Card in order to become eligible 
25 to obtain a REAL ID compliant driver's license. 
26  20. To any person who possesses a revoked Firearm 
 
 
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