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Illinois General Assembly 10/29/2019


mauserme

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The legislature was relatively quiet yesterday, puncuated by the indictement of another House Member.

SB2124 Sch Cd - Student Expulsion - Guns, a mandaroty minimum bill which we oppose and which was previously Vetoed by Governor Pritzker, was added to the Veto Calendar yesterday. That addition is reflected below



Both House and Senate are scheduled for 12:00 Noon.


My schedule this week will take me away from the forum Wednesday, 10/30/2019. Any and all help monitoring the legislature during the Veto Session, especially on the 29th, will be greatly appreciated.


Next Days Scheduled

House: 10/30/2019
Senate: 10/30/2019

House Calendar

Senate Calendar
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House Calendar

12:00 PM

HR3839 State Police - FOID Revocation

 

Oppose

 

Sponsor: Wheeler, Wehrli, McDermed, Batinick, Ugaste, Grant, Keicher

 

Status: In Rules

 

Synopsis As Introduced

 

Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the State Police shall establish a Portal for use by federal, State, or local law enforcement agencies, including State's Attorneys and the Attorney General to capture a report of persons whose Firearm Owner's Identification Cards have been revoked or suspended. Creates the Firearm Recovery Task Force led by the State Police to seize and recover the Firearm Owner's Identification Cards of revoked persons and to enforce the revocation and suspension of Firearm Owner's Identification Cards under the Firearm Owner's Identification Card Act. Amends the Firearm Owner's Identification Card Act. Provides that the State Police shall include in the report the reason the person's Firearm Owner's Identification Card was revoked or suspended. Amends the Code of Criminal Procedure of 1963. Provides the defendant shall physically surrender all firearms in his or her possession to a law enforcement agency designated by the court to take custody of and impound the firearms and physically surrender his or her Firearm Owner's Identification Card to the law enforcement agency as a condition of remaining on bond pending sentencing when the offense the person has been charged with is a forcible felony, stalking, aggravated stalking, domestic battery, any violation of the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act that is classified as a Class 2 or greater felony, or any felony violation of the Deadly Weapons Article of the Criminal Code of 1961 or the Criminal Code of 2012. Amends the Freedom of Information Act and the Unified Code of Corrections to make conforming changes. to make conforming changes. Makes other changes. Effective immediately.

 

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Senate Calendar

12:00 Noon

 

SB1966 Fix the FOID Act

 

Oppose

 

Senate Sponsor: Morrison, Sims, Collins, Van Pelt, Villavalam, Fine (Added after Passage: Gillespe, Martinez, Muñoz, Peters, Castro, Hunter, Murphy) (Removed: Koehler)

 

House Sponsor: Willis, Carroll, Hernandez (Barbara), Villa, Connor, Hernandez (Elizabeth), Morgan, Edly-Allen, Williams (Ann), Gong-Gershowitz, Ford, Welch, Moylan, Didech, West, Gabel, Villanueva, Burke, Manley, Kalish, Williams (Jawaharial), Martwick, Feigenholtz, Cassidy, Stava-Murray, Turner, Costa Howard

 

Status: Possible Senate Concurrence on HA1, HA2, HA3

 

House Amendment 1 - House Adopted

 

Replaces everything after the enacting clause. Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Director of State Police shall (rather than may) establish a statewide multi-jurisdictional Violent Crime Intelligence Task Force. Provides that the Violent Crime Intelligence Task Force shall also conduct enforcement operations against persons whose Firearm Owner's Identification Cards have been revoked or suspended and persons who fail to comply with the revocation or suspension requirements of the Firearm Owners Identification Card Act, prioritizing individuals presenting a clear and present danger to themselves or to others under that Act. Provides that the Task Force shall collaborate with local law enforcement agencies to enforce provisions of the Firearm Owners Identification Card Act, the Firearm Concealed Carry Act, the Firearm Dealer License Certification Act, and the Deadly Weapons Article of the Criminal Code of 2012. Provides that the Director of State Police may establish intergovernmental contracts written and executed in conformity with the Intergovernmental Cooperation Act. Provides that the Department of State Police shall establish a portal for use by federal, State, or local law enforcement agencies, including Offices of the State's Attorneys and the Office of the Attorney General to capture a report of persons whose Firearm Owner's Identification Cards have been revoked or suspended. Amends the Firearm Owners Identification Card Act. Modifies definition of "clear and present danger". Provides that an applicant for the issuance or renewal of a Firearm Owner's Identification Card shall include a full set of his or her fingerprints in electronic format to the Department of State Police, unless the applicant has previously provided a full set of his or her fingerprints to the Department under the Act or the Firearm Concealed Carry Act. Provides that a Firearm Owner's Identification Card issued under the Act shall be valid for the person to whom it is issued for a period of 5 years (rather than 10 years) from the date of issuance, but provides that any person whose card was previously issued for a period of 10 years shall retain the 10-year issuance period until the next date of renewal, at which point the card shall be renewed for 5 years. Provides that a person who receives a revocation or suspension notice under the Act (currently, only revocation notice) shall, within 48 hours of receiving notice of the revocation or suspension: (1) surrender his or her Firearm Owner's Identification Card to the local law enforcement agency where the person resides; and (2) complete a Firearm Disposition Record on a form prescribed by the Department of State Police and place his or her firearms in the location or with the person reported in the Firearm Disposition Record. Provides that any transfer of a surrendered firearm must be conducted under the firearm transfer provisions of the Firearm Owners Identification Card Act. Provides that nothing in the firearm revocation or suspension provisions of the Firearm Owners Identification Card Act prevents a court from ordering an individual to surrender his or her Firearm Owner's Identification Card to a law enforcement agency of the court's choosing in a timeframe shorter than 48 hours after receipt of the notice of revocation or suspension. Provides that the Firearm Disposition Record shall contain a statement to be signed by the transferee that the transferee: (1) is aware of, and will abide by, current law regarding the unlawful transfer of a firearm; (2) is aware of the penalties for violating the law as it pertains to unlawful transfer of a firearm; and (3) intends to retain possession of the firearm or firearms until it is determined that the transferor is legally eligible to possess a firearm and has an active Firearm Owners Identification Card, if applicable, or until a new person is chosen to hold the firearm or firearms. Amends the State Finance Act. Creates the State Police Revocation Enforcement Fund and the School-Based Mental Health Services Fund in the State treasury and defines their purposes. Amends the Firearm Concealed Carry Act. Provides that an applicant for renewal need not resubmit a full set of fingerprints if the applicant has previously done so under the Act or the Firearm Owners Identification Card Act. Amends the Criminal Code of 2012. Provides that a person commits the offense of unlawful sale or delivery of firearms when he or she transfers ownership of a firearm to a person in violation of the Firearm Owners Identification Card Act. This offense is a Class 4 felony. Amends the Code of Criminal Procedure of 1963 and the Unified Code of Corrections. Modifies requirements for transfer of firearms to a law enforcement agency as required under those Acts. Makes other changes. Effective immediately.

 

House Amendment 2 - House Adopted

 

In the amendatory changes to the State Finance Act, eliminates the School-Based Mental Health Services Fund and provides that moneys in the Mental Health Reporting Fund may be used for reporting prohibitors to the National Instant Criminal Background Check System (NICS). Provides that any surplus moneys in the Fund shall be used as follows: (1) 50% shall be used to fund community-based mental health programs aimed at reducing gun violence, community integration and education, or mental health awareness and prevention, including administrative costs; and (2) 50% shall be used to award grants that use and promote the National School Mental Health Curriculum model for school-based mental health support, integration, and services. In the amendatory changes to the Firearm Owners Identification Card Act, provides that a live scan fingerprint vendor may not charge more than $30 per set of fingerprints. Reduces the application and renewal fees for Firearm Owner's Identification Cards from $50 to $20. Changes the amounts of the distribution of fees for applications for Firearm Owner's Identification Cards to various funds.

 

House Amendment 3 - House Adopted

 

Restores language that any person within the State who, before the provisions concerning transferring firearms only through federally licensed firearm dealers become operative, shall keep a record of the transfer for a period of 10 years from the date of transfer under the same requirements before the provisions became operative and with the same penalties for violations.

 

 

 

 

SB2124 Sch Cd - Student Expulsion - Guns

 

Oppose

 

Senate Sponsor: Rose

 

House Sponsor: Caulkins

 

Status: Senate/Veto Override

 

Synopsis As Introduced

 

Amends the School Code. Adds pneumatic guns, spring guns, paint ball guns, and B-B guns that have specified features and that are brought to school, any school-sponsored activity or event, or any activity or event that bears a reasonable relationship to school to the list of objects for which a student shall be expelled for a period of not less than one year. Provides that expulsion for these types of guns may be modified by the superintendent and the superintendent's determination may be modified by the school board on a case-by-case basis. Effective immediately.

 

Senate Amendment 1 - Adopted

 

Provides that a student must be expelled for a period of not less than one year if he or she brings to school, a school-sponsored activity or event, or an activity or event that bears a reasonable relationship to school a pneumatic gun, spring gun, paint ball gun, or B-B gun, irrespective of the type or size of projectile that can be fired or the gun's muzzle velocity (rather than if the gun expels a single globular projectile not exceeding 0.18 of an inch in diameter, has a maximum muzzle velocity of less than 700 feet per second, or expels breakable paint balls containing washable marking colors).

 

 

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Posted · Hidden by mauserme, October 28, 2019 at 11:28 PM - No reason given
Hidden by mauserme, October 28, 2019 at 11:28 PM - No reason given

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The legislature was relatively quiet yesterday, puncuated by the indictement of another House Member.

 

SB2124 Sch Cd - Student Expulsion - Guns, a mandaroty minimum bill which we oppose and which was previously Vetoed by Governor Pritzker, was added to the Veto Calendar yesterday. That addition is reflected below

 

 

 

Both House and Senate are scheduled for 12:00 Noon.

 

 

My schedule this week will take me away from the forum Wednesday, 10/30/2019. Any and all help monitoring the legislature during the Veto Session, especially on the 29th, will be greatly appreciated.

 

 

Next Days Scheduled

 

House: 10/30/2019

Senate: 10/30/2019

 

House Calendar

 

Senate Calendar

.

.

campaign

Link to comment

Per Capitol Fax today, SB1966 sounds like still short on votes... (Good news so far!)

 

..."Senate President John Cullerton was asked today about the Chicago casino negotiations and specifically about joint state/city ownership

 

* He was also asked about SB1966, a bill to require fingerprinting of FOID card recipients (among other things) which passed the House in the spring and then stalled in the Senate

 

We had a very positive meeting on that today with a number of members that are affected. That bill will be in a position to require 36 votes, which I dont believe we have today."...

 

Also...

 

Illinois Senate President says not enough votes to pass bill to require fingerprints for FOID card

 

https://www.thecentersquare.com/illinois/illinois-senate-president-says-not-enough-votes-to-pass-bill/article_82a8f090-fa7c-11e9-9019-d31613c9782a.html

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The House stands adjourned until 10/30/2019 @ 10:00 AM.

 

There is a House Firearm Public Awareness Task Force hearing scheduled for this afternoon. I don't know yet if it will be streamed.

They dont make these easy to find...but nothing streaming I could find.

 

Hearing Scheduled for October 29, 2019

Chairperson La Shawn K. Ford

Republican Spokesperson Keith Wheeler

Scheduled Date: Tuesday, October 29, 2019 3:00 PM

Location: Room C-1, Stratton Office Building

Springfield, IL

Subject Matter: Enforcing Gun Laws: The Role of Bond, Sentencing, and the Courts in Preventing Gun Violence (Part 1)

Clerk of the House John W. Hollman

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...

Subject Matter: Enforcing Gun Laws: The Role of Bond, Sentencing, and the Courts in Preventing Gun Violence (Part 1)

...

In Illinois, "the role of bond" is to give defendants absolutely no reason to return to court.

 

If you get out of jail on bail and show up for court, you get your money back.

If you get out of jail on bail and don't show up, you don't get your money back.

You have incentive to show up.

 

In other states, if you get out of jail on bond (10% of bail) and show up for court, you lose the 10%.

In other states, if you get out of jail on bond (10% of bail) and don't show up, you lose the 10%, the bondsman loses his money, and the bondsman sends a bounty hunter after you, because the bondsman really doesn't want to lose his money.

You have incentive to show up.

 

In Illinois, bondsmen are illegal.

If you get out of jail on bond (10% or free) and show up for court, you lose the 10% (or nothing).

If you get out of jail on bond (10% or free) and don't show up, you lose the 10% (or nothing).

You have no incentive to show up (especially if you know you're guilty), and no one is going to come looking for you, so you actually have incentive not to show up (especially if you know you're guilty).

 

And yet I doubt that point was made in the hearing today.

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The Illinois Sentencing Advisory Counsel has consistently testified over many years that mandatory minimum sentences and sentence enhancements don't offer the same deterrent effect with criminals, especially gang members, that they would with most of us. We have things to lose and families to worry about. Gang members, if convicted and sentenced, often end up in a better place than they left, knowing the gang will take care of family while they're away.

 

What does act as a deterrent is certainty of incarceration - removing the "if". The example often used is that a criminal will not commit the crime knowing a cop is on the street corner ready to act. Removing the "if", especially for violent criminals, is a large part of the answer to Chicago's problem.

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Per Capitol Fax today, SB1966 sounds like still short on votes... (Good news so far!)

 

..."Senate President John Cullerton was asked today about the Chicago casino negotiations and specifically about joint state/city ownership

 

* He was also asked about SB1966, a bill to require fingerprinting of FOID card recipients (among other things) which passed the House in the spring and then stalled in the Senate

 

We had a very positive meeting on that today with a number of members that are affected. That bill will be in a position to require 36 votes, which I dont believe we have today."...

 

Also...

 

Illinois Senate President says not enough votes to pass bill to require fingerprints for FOID card

 

https://www.thecentersquare.com/illinois/illinois-senate-president-says-not-enough-votes-to-pass-bill/article_82a8f090-fa7c-11e9-9019-d31613c9782a.html

 

Nice!

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