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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||
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 9.5 as follows:
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6 | (430 ILCS 65/9.5) | |||||||||||||||||||||
7 | Sec. 9.5. Revocation of Firearm Owner's Identification | |||||||||||||||||||||
8 | Card. | |||||||||||||||||||||
9 | (a) A person who receives a revocation notice under | |||||||||||||||||||||
10 | Section 9 of this Act shall, within 48 hours of receiving | |||||||||||||||||||||
11 | notice 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 | ||||||
13 | Section 2605-304 of the Illinois State Police Law of the Civil | ||||||
14 | Administrative Code of Illinois that the Firearm Owner's | ||||||
15 | Identification Card has been revoked by the Illinois State | ||||||
16 | Police, surrendered cards shall be destroyed by the law | ||||||
17 | enforcement agency receiving the cards. If a card has not been | ||||||
18 | revoked, the card shall be returned to the cardholder. | ||||||
19 | (b-5) If a court orders the surrender of a Firearm Owner's | ||||||
20 | Identification Card and accepts receipt of the Card, the court | ||||||
21 | shall destroy the Card and direct the person whose Firearm | ||||||
22 | Owner's Identification Card has been surrendered to comply | ||||||
23 | with paragraph (2) of subsection (a). | ||||||
24 | (b-10) If the person whose Firearm Owner's Identification | ||||||
25 | Card has been revoked has either lost or destroyed the Card, | ||||||
26 | the 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 | ||||||
3 | under Section 2605-304 of the Illinois State Police Law of the | ||||||
4 | Civil Administrative Code of Illinois that the revoked Firearm | ||||||
5 | Owner's Identification Card has been destroyed. | ||||||
6 | (c) If the person whose Firearm Owner's Identification | ||||||
7 | Card has been revoked fails to comply with the requirements of | ||||||
8 | this Section, the sheriff or law enforcement agency where the | ||||||
9 | person resides may petition the circuit court to issue a | ||||||
10 | warrant to search for and seize the Firearm Owner's | ||||||
11 | Identification Card and firearms in the possession or under | ||||||
12 | the custody or control of the person whose Firearm Owner's | ||||||
13 | Identification Card has been revoked. | ||||||
14 | (d) A violation of subsection (a) of this Section is a | ||||||
15 | Class A misdemeanor. | ||||||
16 | (e) The observation of a Firearm Owner's Identification | ||||||
17 | Card in the possession of a person whose Firearm Owner's | ||||||
18 | Identification Card has been revoked constitutes a sufficient | ||||||
19 | basis for the arrest of that person for violation of this | ||||||
20 | Section. | ||||||
21 | (f) Within 30 days after July 9, 2013 (the effective date | ||||||
22 | of Public Act 98-63), the Illinois State Police shall provide | ||||||
23 | written notice of the requirements of this Section to persons | ||||||
24 | whose Firearm Owner's Identification Cards have been revoked, | ||||||
25 | suspended, or expired and who have failed to surrender their | ||||||
26 | cards to the Illinois State Police. |
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1 | (g) A person whose Firearm Owner's Identification Card has | ||||||
2 | been revoked and who received notice under subsection (f) | ||||||
3 | shall comply with the requirements of this Section within 48 | ||||||
4 | hours of receiving notice. | ||||||
5 | (h) Pursuant to Section 6-103 of the Illinois Vehicle | ||||||
6 | Code, a person who fails to surrender a revoked Firearm | ||||||
7 | Owner's Identification Card under this Section may not be | ||||||
8 | issued a driver's license, renew a driver's license, retain a | ||||||
9 | driver's license, or be issued a permit under the Illinois | ||||||
10 | Vehicle Code. Within 180 days after the date of revocation of | ||||||
11 | an individual's Firearm Owner's Identification Card, the | ||||||
12 | Illinois State Police shall provide the Secretary of State | ||||||
13 | with a notice that the individual has failed to comply with | ||||||
14 | this Section. | ||||||
15 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
16 | 102-813, eff. 5-13-22; 103-154, eff. 6-30-23.)
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17 | Section 10. The Illinois Vehicle Code is amended by | ||||||
18 | changing Section 6-103 as follows:
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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 | ||||||
21 | or granted permits. The Secretary of State shall not issue, | ||||||
22 | renew, or allow the retention of any driver's license nor | ||||||
23 | issue 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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