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Illinois General Assembly 4/22/2021


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Yesterday in the House, the Rules Committee approved for consideration House Amendment 3 to HB2769 Microstamping and House Amendment 4 to HB2989 Crim Cd & Corr - Firearm Sentence. We oppose the first bill and are neutral on the second.

Three bills were also passed out of the House yesterday:

HB638 State Police - Fund Lockbox - Support

HB716 Violence Reduction - Grant Fund - Neutral

HB836 Private Detective - Training - Neutral


Of more urgent import is the posting of amendments on HB1091 Fix the FOID Act and HB1092 Criminal Law Tech to today's Judiciary - Criminal hearing. Please make sure to file witness slips in opposition to both amendments as outlined in our current Call to Action.



The House is scheduled for 11:30 today and the Senate for 11:00 AM.


Next Days Scheduled

House: 4/23/2021
Senate: 4/23/2021



House Calendar

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House Calendar

11:30 AM

HB1091 "Fix The FOID Act"

 

Oppose

 

House Sponsor: Willis, Welch, Stoneback, Carroll, Delgado, Slaughter, Mussmanm Mah, Ortiz, Robinson, Costa Howard, Ford, Williams, Stava-Murray, Gong-Gershowitz, Morgan, Evansm Moeller, Guzzardi, Collins, Ammons, Gonzalez, Hernandez (Barbara), Hernandez (Elizabeth), Walker, Gabel, Didech, Yang Rohr, Harris, Mason, Williams

 

Status: Held on Second Reading

 

Synopsis As Introduced

 

Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the applicability of the common law.

 

House Amendment 1 to HB1091 - Pending

 

Replaces everything after the enacting clause. Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Illinois 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and the Office of the Attorney General to capture a report of persons whose Firearm Owner's Identification Cards have been revoked or suspended. Provides that the portal is for law enforcement purposes only. Amends the Firearm Owners Identification Card Act. 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 Illinois State Police, unless the applicant has previously provided a full set of his or her fingerprints to the Illinois State Police 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 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. Creates within the Illinois State Police a Firearm Owner's Identification Card Review Board to consider any appeal of the denial or revocation and seizure of a Firearm Owner's Identification Card by the Illinois State Police, other than an appeal directed to the circuit court. Provides that a Firearm Owner's Identification Card of a licensee under the Firearm Concealed Carry Act shall not expire during the term of the licensee's concealed carry license. Provides that the Illinois State Police shall deny an application or shall revoke and seize a Firearm Owner's Identification Card previously issued under the Act if the Illinois State Police finds that the applicant or person to whom such card was issued is or was at the time of issuance subject to a civil no contact order or a stalking no contact order. Provides for email notifications from the Illinois State Police upon request of an applicant or Card holder. Amends various other Acts to make conforming changes.

 

 

 

 

HB1092 Criminal Law - Tech

 

Oppose

 

House Sponsor: Stoneback, Welch

 

Status: Held on Second Reading

 

Synopsis As Introduced

 

Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the definition of "conviction".

 

House Amendment 1 to HB1092 - Pending

 

Replaces everything after the enacting clause. Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Department of Public Health, subject to appropriation or other available funding, shall conduct a program to promote awareness of firearms restraining orders to the general public. Provides that beginning July 1, 2022, the program must include the development and dissemination, through print, digital, and broadcast media, of public service announcements that publicize the options victims of domestic violence have to seek help with special emphasis on the firearms restraining order. Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Creates the Commission on Implementing the Firearms Restraining Order Act. Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall develop and approve a standard curriculum for a training program on the Firearms Restraining Order Act. Provides that the Board shall conduct a training program that trains officers on the use of firearms restraining orders, how to identify situations in which a firearms restraining order is appropriate, and how to safely promote the usage of the firearms restraining order in a domestic violence situation. Provides that the curriculum of police training schools shall also include training on the use of a firearms restraining order by providing instruction on the process used to file a firearms restraining order, how to identify situations in which a firearms restraining order is appropriate, and how to promote a firearms restraining order in a domestic violence situation. Provides that if adequate firearms restraining order training is unavailable, the Illinois Law Enforcement Training Standards Board may approve training to be conducted by a third party. Officers who have successfully completed this program shall be issued a certificate attesting to their attendance. Amends the Firearms Restraining Order Act. Provides that a firearms restraining order includes the seizure of the respondent's ammunition and firearm parts that could be assembled to make an operable firearm. Provides that "family member of the respondent" includes a former spouse and a person with whom the respondent has or allegedly has a child in common. Provides that a petition for a firearms restraining order may be filed in any county where an incident occurred that involved the respondent posing an immediate and present danger of causing personal injury to the respondent or another by having in his or her custody or control, or purchasing, possessing, or receiving, a firearm or ammunition or firearm parts that could be assembled to make an operable firearm. Includes printing a petition for a firearms restraining order for which no fees may be charged by the circuit clerk. Provides that the Illinois State Police shall submit a yearly report to the General Assembly concerning the applications and issuance of firearms restraining orders. Makes other changes.

 

 

 

 

HB2769 Safety - Tech

 

Oppose

 

House Sponsor: Stoneback, Hirschauer, Slaughter, Harper, Morgan, Didech, Gabel, Croke, Walker, Moeller, Guzzardi, LaPointe, Yang Rohr, Hernandez (Barbara), Gonzalez, Ammons, Hernandez (Elizabeth)

 

Status: Held on Second Reading

 

Synopsis As Introduced

 

Amends the Firearm Owners Identification Card Act. Makes a technical change in a Section concerning a legislative declaration

 

House Amendment 1 to HB2769 - Adopted

 

Replaces everything after the enacting clause. Creates the Microstamping Funding Program Act. Defines terms. Provides that the State shall establish a grant program for law enforcement officers for microstamp-ready firearms. Provides that the grant program shall be administered by the Illinois State Police and the grant funds shall only be used for the purchase of microstamp-ready firearms by law enforcement agencies that are grant recipients. Provides for education and training in relation to the program, as well as for grant application and participation. Provides that the Illinois State Police shall collect certain data related to the program. Provides that any person who knowingly or intentionally changes, alters, removes or obliterates the name of the importer's or manufacturer's serial number or the microstamping mechanism of any firearm commits a Class 2 felony. Provides legislative findings.

 

House Amendment 2 to HB2769 - Adopted

 

Replaces references to the Illinois State Police with references to the Illinois Criminal Justice Information Authority.

 

House Amendment 3 to HB2769 - Approved for Consideration

 

Corrects drafting errors and removes a penalty provision.

 

 

 

 

HB2989 Crim Cd & Corr - Firearm Sentence

 

Neutral

 

House Sponsor: Ford

 

Status: Third Reading

 

Synopsis As Introduced

 

Amends the Criminal Code of 2012. Provides that various added sentences of imprisonment for committing offenses while armed with a firearm or by personally discharging a firearm are discretionary and constitute the maximum sentences that may be imposed by the court.

 

House Amendment 1 to HB2989 - Adopted

 

Replaces everything after the enacting clause. Amends the Unified Code of Corrections. Provides that in imposing sentences of imprisonment for certain violations of the Criminal Code of 2012, the court may, in its discretion, decline to impose or impose a term of years less than any otherwise applicable sentencing enhancement based upon firearm possession, possession with personal discharge, or possession with personal discharge that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person. Provides that in the exercise of this discretion the court shall consider specified factors.

 

House Amendment 2 to HB2989 - Adopted

 

No synopsis filed. Removes firearm specific offenses. Replaces mandatory minimum sentencing guidance with potential consideration of mitigating factors when imposing sentencing.

 

House Amendment 3 to HB2989 - Adopted

 

Provides that notwithstanding any other provision of law, if the defendant is under 18 at the time of the commission of the offense and convicted of first degree murder and would otherwise be subject to sentencing under certain provisions based on the category of persons identified therein, the court shall impose a sentence of not less than 40 years of imprisonment. Provides that, in addition, the court may, in its discretion, decline to impose the sentencing enhancements based upon the possession or use of a firearm during the commission of the offense.

 

House Amendment 4 to HB2989 - Adopted

 

Provides that notwithstanding any other provision of law, if the defendant is under 18 at the time of the commission of the offense and convicted of first degree murder and would otherwise be subject to sentencing under certain provisions based on the category of persons identified therein, the court shall impose a sentence of not less than 40 years of imprisonment. Provides that, in addition, the court may, in its discretion, decline to impose the sentencing enhancements based upon the possession or use of a firearm during the commission of the offense.

 

 

 

 

HB3173 Sch Cd - Gun Safety Course

 

Support

 

House Sponsor: Mason, Ammons, Severin, McCombie, Hurley, Conroy, Vella, Yednock, Friess, Kifowit, Ness, Hammond

 

Status: Third Reading - Consent Calendar

 

Synopsis As Introduced

 

Amends the Courses of Study Article of the School Code. Provides that a school district may offer its students a course on gun safety as part of its curriculum during the school day or as part of an after-school program. Provides that the State Board of Education may prepare and make available to school boards resources on gun safety that may be used as guidelines for the development of a course. Effective immediately.

 

 

 

 

HB3302 Wildlife - Firearm Exempt

 

Support

 

House Sponsor: Yednock, Spain, Bennet, Friess, Miller

 

Status: Third Reading - Consent Calendar

 

Synopsis As Introduced

 

Amends the Wildlife Code. Provides that any individual authorized by law to possess a concealed firearm shall be exempt from the provisions of the Code prohibiting possession of those firearms during bow and arrow season.

 

 

 

 

HB3811 State Police - Fund Transfer

 

Under Review

 

House Sponsor: Mayfield

 

Status: Third Reading - Consent Calendar

 

Synopsis As Introduced

 

Amends the Department of State Police Law, the State Finance Act, the State Property Control Act, the Firearm Dealer License Certification Act, the Illinois Vehicle Code, the Criminal and Traffic Assessment Act, and the Unified Code of Corrections. Provides for the transfer of the remaining balance from various specified Funds into other specified Funds. Dissolves the transferring Funds. Provides that any future deposits due to and any outstanding obligations or liabilities of the transferring Funds shall pass to the receiving Funds. Makes conforming and other changes. Effective immediately.

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Senate Calendar

11:00 AM

 

SB1165 "FOID Modernization Act"

 

Oppose

 

Senate Sponsor: Koehler, Holmes, Belt, Hastings, Crowe, Joyce, Glowiak Hilton, Connor, Cappel, Cullerton, Bennett, Martwick, Turner (Doris), Muñoz, Cunningham, Curran, DeWitte, Johnson, Landek, Stadelman, Bryant

 

Status: Third Reading

 

Synopsis As Introduced

 

Amends the Abandoned Refrigerator Act. Makes a technical change in a Section concerning the short title.

 

Senate Amendment 1 to SB1165 - Pending

 

Replaces everything after the enacting clause. Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Illinois 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. Provides that the portal is for law enforcement purposes only. Amends the Firearm Owners Identification Card Act. Provides that each applicant for the issuance of a Firearm Owner's Identification Card may include a full set of his or her fingerprints in electronic format to the Illinois State Police. Provides that a Firearm Owner's Identification Card of a licensee under the Firearm Concealed Carry Act shall not expire during the term of the licensee's concealed carry license. Provides that the Illinois State Police shall deny an application or shall revoke and seize a Firearm Owner's Identification Card previously issued under the Act if the Illinois State Police finds that the applicant or person to whom such card was issued is or was at the time of issuance subject to a civil no contact order or a stalking no contact order. Provides for email notifications from the Illinois State Police upon request of an applicant or Card holder. Create expanded rule making authority for the Illinois State Police concerning the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act. Makes conforming changes in various other Acts.

 

 

 

 

SB2577 Safety Tech

 

Support

 

Senate Sponsor: Turner (Sally)

 

Status: Third Reading

 

Synopsis As Introduced

 

Amends the Burn Injury Reporting Act. Makes a technical change in a Section concerning the short title.

 

Senate Amendment 1 to SB2577 - Pending

 

Replaces everything after the enacting clause. Amends the Firearm Owners Identification Card Act. Provides that an Illinois resident in the United States Military permanently assigned out of state may retain and renew his or her Firearm Owner's Identification Card. Effective immediately.

 

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He says the Fix the FOID bill redefines "clear and present danger". This is a concern.

 

He explains that the Concealed Carry License fee was put so high in order to provide for for FOID administration. He says they don't need more money. He points out that the fee structure is a 1,400% increase over the current fee structure.

 

He asks why should we be fingerprinted for a Constitutional right?

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Witness slip update from the Call to Action, since it pertains to the ongoing meeting... Opponents lead both, but the call apparently went out for a lot of proponents as well.

 

Tallies: Opponent-Proponent-No Position

 

HB1091 - HFA1
2964-1218-12
12 no positions include "Director Brendan F Kelly" from "ILLINOIS STATE POLICE" and several ISRA members
HB1092 - HFA1
965-760-4
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