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2015 Spring Session Bills & Volunteers List


mauserme

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The House published bill #200 on Thursday so its my turn already.

 

 

What's your opinion of HB216? Should I keep and eye on it?

 

I need to spend more time with the proposed language. The initial provision is straight forward, its the ability to suspend or expel a student that has been convicted of a "violent felony". The further language is a bit broader in that it permits the same actions based upon an arrest and a charge...doesn't even seem to require grand jury action or a charging indictment.

 

There is some difficulty in addressing your question as it involves changes to ILCS 105 5/10-22.6 which provides the mechanism for the expulsion of students from public schools. There are a number of provisions in the law which are already broad enough to provide for a school administrator to undertake either action on a discretionary basis for conduct that I would view as less egregious than conviction for a violent felony. The definition of "violent felony" would need to be watched closely as it has the potential for abuse. For example, a couple of grade school kids get into an altercation and one slaps the other with a ruler and an overzealous they get charged with 720 ILCS 5/12-2.

 

Let's move this to PM if you have follow up.

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HB 0265 - Prohibits Carry, Transport or Possess A Firearm Within a Residence While an Order of Protection is in Effect.

 

720 ILCS 5/24-1.9 new

Amends the Criminal Code of 2012. Provides that a person who is subject to an order of protection, an emergency order of protection, or an interim 30-day order of protection may not purchase or transport any firearm while the order is in effect. Provides that a person who is the subject of an emergency order of protection may not transport or possess a firearm while in the residence of the alleged victim while the order is in effect. Provides that a violation is a Class A misdemeanor. Effectiveimmediately.
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HB O266 - Battery to a State's Attorney or Asst. States Attorney

 

720 ILCS 5/12-3.05 was 720 ILCS 5/12-4

Amends the Criminal Code of 2012. Makes it a Class 1 felony aggravated battery when, in committing a battery, other than by the discharge of a firearm, a person knowingly causes great bodily harm or permanent disability or disfigurement to a victim whom the person knows to be a State's Attorney or Assistant State's Attorney. Makes it a Class X felony (mandatory 12 to 45 years imprisonment) aggravated battery when, in committing a battery, other than by the discharge of a firearm, a personknowingly causes severe and permanent disability which renders the victim incapable of independently performing basic life-sustaining functions. Makes it a Class 3 felony aggravated battery when, in committing a battery, other than by discharge of a firearm, a person knows the victim battered to be a State's Attorney or Assistant State's Attorney: (1) performing his or her official duties; (2) battered to prevent performance of his or her official duties; or (3) battered in retaliation for performing his or her official duties.
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HB 0265 - Prohibits Carry, Transport or Possess A Firearm Within a Residence While an Order of Protection is in Effect.

 

720 ILCS 5/24-1.9 new

Amends the Criminal Code of 2012. Provides that a person who is subject to an order of protection, an emergency order of protection, or an interim 30-day order of protection may not purchase or transport any firearm while the order is in effect. Provides that a person who is the subject of an emergency order of protection may not transport or possess a firearm while in the residence of the alleged victim while the order is in effect. Provides that a violation is a Class A misdemeanor. Effectiveimmediately.

 

 

Shouldn't the, "subject of the emergency order...", not be there at all?

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The subject of the order is the person against whom the order has been issued.

 

The problem with the bill is that existing law already gives the court the ability to deny a person the right to possess firearms when necessary to protect a spouse from a threat.

 

Ms. Manley has been trying to broaden that for several years to not only remove the ability of a judge to weigh the evidence, but also to include all types of orders. This would encompass orders protecting financial assets, giving custody of the family dog to one spouse or another, occupancy of the family home to one spouse, and similar orders that involve no physical threat at all.

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720 ILCS 5/33F-1

 

from Ch. 38, par. 33F-1

 

720 ILCS 5/33F-2

 

from Ch. 38, par. 33F-2

 

720 ILCS 5/33F-3

 

from Ch. 38, par. 33F-3

 

 

Amends the Criminal Code of 2012. Provides that a person also commits unlawful use of body armor when he or she knowingly purchases, owns, or possesses body armor, if that person has been convicted of a felony that is a crime of violence. Establishes exceptions. Provides that a violation is a Class 4 felony.

 

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720 ILCS 5/33F-1 from Ch. 38, par. 33F-1 720 ILCS 5/33F-2 from Ch. 38, par. 33F-2 720 ILCS 5/33F-3 from Ch. 38, par. 33F-3

Amends the Criminal Code of 2012. Provides that a person also commits unlawful use of body armor when he or she knowingly purchases, owns, or possesses body armor, if that person has been convicted of a felony that is a crime of violence. Establishes exceptions. Provides that a violation is a Class 4 felony.

 

 

 

I've added this one to the list of bills we're watching, with the following description:

 

HB307 Crim Cd Body Armor - Anti-Gun Representative Kathleen Willis proposes to ensure that violent offenders may be more easily shot.

 

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HB 0319

 

430 ILCS 66/65

Amends the Firearm Concealed Carry Act. In the provision that a licensee may carry a concealed firearm in the immediate area surrounding his or her vehicle within a prohibited parking lot area only for the limited purpose of storing or retrieving a firearm within the vehicle's trunk, deletes language that the licensee must ensure that the concealed firearm is unloaded prior to exiting the vehicle. Effective immediately.
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HB 0319

 

430 ILCS 66/65

Amends the Firearm Concealed Carry Act. In the provision that a licensee may carry a concealed firearm in the immediate area surrounding his or her vehicle within a prohibited parking lot area only for the limited purpose of storing or retrieving a firearm within the vehicle's trunk, deletes language that the licensee must ensure that the concealed firearm is unloaded prior to exiting the vehicle. Effective immediately.

 

 

 

Added!

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HB 0265 - Prohibits Carry, Transport or Possess A Firearm Within a Residence While an Order of Protection is in Effect.

 

720 ILCS 5/24-1.9 new

Amends the Criminal Code of 2012. Provides that a person who is subject to an order of protection, an emergency order of protection, or an interim 30-day order of protection may not purchase or transport any firearm while the order is in effect. Provides that a person who is the subject of an emergency order of protection may not transport or possess a firearm while in the residence of the alleged victim while the order is in effect. Provides that a violation is a Class A misdemeanor. Effectiveimmediately.

 

 

Shouldn't the, "subject of the emergency order...", not be there at all?

 

 

This would be ripe for abuse.

 

We've all heard of or seen scenarios where a spouse makes up some false sob story and calls the police, who show up ready to tan the hide of the other spouse and won't even hear the other side of the story before throwing someone on the ground or against a squad car.

 

It will surely result in malicious spouses harassing the other, and is also an infringement on the rights of the 'defendant' spouse who shouldn't have their rights taken away except by due process.

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HB0419 Sponser-Scott Drury. Adds Prohibited places. Prohibits all video gaming locations, prohibits fraternal organizations as defined under the gaming act, assumes residences are prohibited, without regard for signage or prior notice.

 

Synopsis As Introduced

Amends the Firearm Concealed Carry Act. Provides that a licensee under the Act shall not knowingly carry a firearm into any building, real property, or parking area under the control of (1) a licensed establishment as defined and licensed under the Video Gaming Act, or (2) a licensed fraternal establishment or licensed veterans establishment as defined and licensed under the Video Gaming Act, where alcoholic liquor is drawn, poured, mixed, or otherwise served for consumption on the premises. Provides that a licensee under the Act shall not knowingly carry a firearm into any building under the control of a licensed fraternal establishment, licensed veterans establishment, or licensed truck stop establishment, as defined and licensed under the Video Gaming Act, and alcoholic liquor is not drawn, poured, mixed, or otherwise served for consumption on the premises. Provides that any person (rather than the owner) lawfully in possession and control of private real property of any type may prohibit the carrying of concealed firearms on the property (deletes under his or her control). Provides that if the property is a private residence no sign need be posted and it shall be presumed that the carrying of concealed firearms is prohibited in the residence and a violation of the Act. Effective immediately.

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HB 0399

 

725 ILCS 5/112A-4 from Ch. 38, par. 112A-4 725 ILCS 5/112A-20 from Ch. 38, par. 112A-20 750 ILCS 60/201 from Ch. 40, par. 2312-1 750 ILCS 60/220 from Ch. 40, par. 2312-20

Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that a petition for an order of protection may be filed by the State's Attorney on behalf of a person who has been abused by a family or household member. Provides that the court may, on its own motion, on behalf of a person who has been abused by a family or household member issue an order of protection. Lengthens durationof plenary order of protection in a criminal case to no longer than 10 years after sentence completion (rather than 2 years).
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Finally had a chance to update "The List". There are a couple I haven't had a chance to read thoroughly, and are listed as under review.

 

A new bill resurrects a previously failed effort on the part of Representative Drury:

 

HB419 Concealed Carry Prohibit Place - Adds places licensed under the Video Gaming Act as prohibited locations, including fraternal & veterans establishments, and truck stops, whether or not alcohol is served. Changes privilege to post a location any person lawfully in possession and control. Changes private residences to presumptively prohibited.

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I see Mr. Phelps has added several good ones.

Yes he did!

 

Biography Bills Committees

 

Representative Brandon W. Phelps (D), 118th District

Brandon W. Phelps is a Sponsor on all bills listed below.

Click Here to see only bills where Brandon W. Phelps is Primary Sponsor.

Bill # Chief Sponsor ABR - Short Description Chamber Last Action Last Action Date

HB128 Brandon W. Phelps TURKEY HUNTING PERMITS H Referred to Rules Committee 1/14/2015

HB313 Brandon W. Phelps OIL AND GAS RIGHTS-ANNUAL COMP H Referred to Rules Committee 1/27/2015

HB433 Brandon W. Phelps WILDLIFE-USE OF SILENCERS H Filed with the Clerk by Rep. Brandon W. Phelps 1/29/2015

HB481 Brandon W. Phelps CONCEALED CARRY-REST AREA H Filed with the Clerk by Rep. Brandon W. Phelps 1/29/2015

HB482 Brandon W. Phelps FOID&CRIM CD-CONCEALED CARRY H Filed with the Clerk by Rep. Brandon W. Phelps 1/29/2015

HB483 Brandon W. Phelps CRIM CD-FIREARM-WAITING PERIOD H Filed with the Clerk by Rep. Brandon W. Phelps 1/29/2015

HR32 Brandon W. Phelps MEMORIAL - ANITA JO GRACE H Resolution Adopted 1/28/2015

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