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Illinois General Assembly 5/31/2021


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In the Senate yesterday, Senate Amendment 1 was adopted in committee and HB1092 "Firearm Restraining Order Expansion" was approved for consideration. The bill was later moved to third reading.

 

 

 

The House is schedule for 10:00 AM and the Senate for 9:30 AM today.

 

 

 

Next Days Scheduled

 

House: End of Spring Session

Senate: End of Spring Session

 

 

 

House Calendar

 

House Supplemental Calendar 1

 

House Supplemental Calendar 2

 

House Supplemental Calendar 3

 

House Supplemental Calendar 4

 

 

Senate Calendar

 

Senate Supplemental Calendar 1

 

Senate Supplemental Calendar 2

 

Senate Supplemental Calendar 3

 

Senate Supplemental Calendar 4

 

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House Calendar

10:00 AM

 

 

HB1091 "Fix The FOID Act"

 

Oppose

 

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

 

Status: Passed House/Motion to Reconsider Filed

 

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 - Adopted

 

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and the Office of the Attorney General to capture a report of persons whose Firearm Owner's Identification Cards have been revoked or suspended.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.

 

 

 

 

HR346 Gun Violence Awareness Day

 

Neutral

 

House Sponsor: Hirschauer

 

Status: Rules Committee

 

Synopsis As Introduced

 

Declares June 4, 2021 Gun Violence Awareness Day in the State of Illinois.

 

 

 

 

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Senate Calendar

9:30 AM



HB562 "FOID Modernization"

Oppose

House Sponsor: Koehler, Collins, Burke

Senate Sponsor: Jones, Cunningham

Status: Senate/Third Reading

Senate Amendment 1 - Pending

Replaces everything after the enacting clause. Amends the Illinois Criminal Justice Information Act. Creates the Firearm Prohibitors and Records Improvement Task Force to identify and research all available grants, resources, and revenue that may be applied for and used by all entities responsible for reporting federal and State firearms prohibitors to the Illinois State Police and the National Instant Criminal Background Check System. Provides that under the Firearm Owners Identification Card Act, these reporting entities include, but are not limited to, hospitals, courts, law enforcement and corrections. Provides that the Illinois Criminal Justice Information Authority shall provide administrative and other support to the Task Force. Provides that the Task Force shall may meet in person or virtually and shall issue a written report of its findings and recommendations to the General Assembly on or before July 1, 2022. Repeals Task Force provisions on July 1, 2023. Amends the Gun Trafficking Information Act. Provides that the Illinois State Police shall audit current practice to assess actual data collection and reporting, and propose policy and practice recommendations to meet implementation and policy maker needs, including but not limited to: (1) Firearm Owner's Identification Card and concealed carry license applications, revocations, and firearm dispossessions; (2) Firearm trace data; (3) Usage of firearms restraining orders and domestic violence orders of protection; and (4) Firearm Dealer License Certifications and related inspections. 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 the Illinois State Police shall develop an Internet-based system upon which the serial numbers of firearms that have been reported stolen are available for public access for individuals to ensure any firearms are not reported stolen prior to the sale or transfer of a firearm under this provision concerning transfer of firearms. The Illinois State Police shall have the Internet-based system completed and available for use by July 1, 2022. The Department shall adopt rules not inconsistent with this Section to implement this system. Provides that beginning January 1, 2024, any person who is not a federally licensed firearm dealer shall, before selling or transferring the firearms, contact the Illinois State Police with the transferee's or purchaser's Firearm Owner's Identification Card number to determine the validity of the transferee's or purchaser's Firearm Owner's Identification Card and initiate and complete an automated search of its criminal history record information files and those of the Federal Bureau of Investigation, including the National Instant Criminal Background Check System, and of the files of the Department of Human Services relating to mental health and developmental disabilities to obtain any felony conviction or patient hospitalization information which would disqualify a person from obtaining or require revocation of a currently valid Firearm Owner's Identification Card. Provides that the Illinois State Police shall develop an Internet-based system to conduct this check. 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 that if a person who possesses a combined Firearm Owner's Identification Card and a concealed carry license becomes subject to suspension or revocation under the Firearm Concealed Carry Act, but is otherwise eligible for a valid Firearm Owner's Identification Card, the Illinois State Police shall ensure the person's Firearm Owner's Identification Card status is not interrupted. Provides for email notifications and text messages 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. Provides that the Illinois State Police shall continuously monitor relevant State and federal databases for firearms prohibitors and correlate those records with concealed carry license holders to ensure compliance with this Act and any other State and federal laws. Defines "firearms prohibitor". Amends the Wildlife Code. Provides in various provisions an exemption to carry a firearm on Department of Natural Resources property in accordance with the Firearm Concealed Carry Act. Makes conforming changes in various other Acts. Certain provisions take effect January 1, 2024.




HB1092 Criminal Law - Tech

Oppose

House Sponsor: Stoneback, Welch, Slaughter, Hirschauer, Ramirez, LaPointe, Yang Rohr, Morgan, Gabel, Gong-Gershowitz, Williams (Jawaharial), Stava-Murray, Evans, Mason, Walker, Buckner (Added after passage: Lilly)

Senate Sponsor: Gillespie, Morrison, Villivalam

Status: Senate/Third 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 - Adopted

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.

Senate Amendment 1 to HB1092 - Adopted

Further amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Department of Public Health's program to promote awareness of firearms restraining orders shall include production of materials that can be given to health care workers that assist in identifying people who may benefit from awareness of the Firearms Restraining Order Act (rather than victims of domestic violence and how to safely and discreetly determine if a potential abuser possesses a firearm). Deletes language providing that the program must include the development and dissemination of public service announcements that publicize the options for victims of domestic violence to seek help. Further amends the Department of State Police Law of the Civil Administrative Code of Illinois. Changes the composition of the Commission on Implementing the Firearms Restraining Order Act. Removes language providing for a member of a nonprofit organization whose mission is to reduce gun violence with experience educating the public about the Firearms Restraining Order Act, nominated by such an organization whose membership is the most numerous in Illinois. Adds to the membership the Director of Public Health or the Director's designee. Further amends the Illinois Police Training Act. Deletes language providing that police officer training shall include how to promote a firearms restraining order in a domestic violence situation. Further amends the Firearms Restraining Order Act. In the definition of "family member of the respondent", replaces new provision that the definition includes a person with whom the respondent has or allegedly has a child in common with a person with whom the respondent has a minor child in common.




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, Johnson, Landek, Stadelman (Sponsorship Removed: Bryant, DeWitte)

Status: Third Reading/Re-Referred to Assignments

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.



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If HB0562 SFA1 is adopted, and then the bill passes the Senate today, does the House have to concur today, or can that concurrence be extended?

They could concur today, but (assuming they follow procedural requirements) it could also be sent over to the house and held for concurrence until veto session or next Spring. The last “Fix the FOID” bill passed one house and was held in concurrence in the other house for over a year. It could’ve been called at any time they were in session, it just wasn’t. The real deadline is the end of the 102nd General Assembly, which isn’t until January 2023.

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Its a little like going from standing next to a sewage treatment plant to standing next to a clogged toilet. Theres not as much ______, but it still doesnt smell good.

 

Proponents of the other bill (which is also still technically alive) seem insistent on mandatory prints and FFL private transactions, so it will be interesting to see what they do if/when this gets sent over to the House. I could see some Republican support for this version, to get this version instead of theirs. It is what it is.

Edited by MRE
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Its a little like going from standing next to a sewage treatment plant to standing next to a clogged toilet. Theres not as much ______, but it still doesnt smell good.

 

Proponents of the other bill (which is also still technically alive) seem insistent on mandatory prints and FFL private transactions, so it will be interesting to see what they do if/when this gets sent over to the House. I could see some Republican support for this version, to get this version instead of theirs. It is what it is.

Hoping for the best is both competing bills die due to internal conflicts.

 

Settling for a bill that is only half bad is one of the reasons we keep going backward rather than forwards.

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Both bills dying is obviously the best case scenario. However, the reality of the makeup of the Statehouse and the new map (less consequences at the next election), might mean they will get one or the other through. Shifting language around to shell bills before the deadline tells me that might be the case, unfortunately.
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Its a little like going from standing next to a sewage treatment plant to standing next to a clogged toilet. Theres not as much ______, but it still doesnt smell good.

Proponents of the other bill (which is also still technically alive) seem insistent on mandatory prints and FFL private transactions, so it will be interesting to see what they do if/when this gets sent over to the House. I could see some Republican support for this version, to get this version instead of theirs. It is what it is.

 

Hoping for the best is both competing bills die due to internal conflicts.

 

Settling for a bill that is only half bad is one of the reasons we keep going backward rather than forwards.

I think with all of this we learned that even a good faith compromise is short lived and these anti-gun legislators have little to no integrity on leaving a negotiated bill alone and will come back to get what they want at a later date Edited by steveTA84
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Its a little like going from standing next to a sewage treatment plant to standing next to a clogged toilet. Theres not as much ______, but it still doesnt smell good.

Proponents of the other bill (which is also still technically alive) seem insistent on mandatory prints and FFL private transactions, so it will be interesting to see what they do if/when this gets sent over to the House. I could see some Republican support for this version, to get this version instead of theirs. It is what it is.

Hoping for the best is both competing bills die due to internal conflicts.

 

Settling for a bill that is only half bad is one of the reasons we keep going backward rather than forwards.

I think with all of this we learned that even a good faith compromise is short lived and these anti-gun legislators have little to no integrity on leaving a negotiated bill alone and will come back to get what they want at a later date

That’s absolutely true. A legislator’s word typically only lasts until the next election. Sometimes only until the next bill.

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Curious why they don't require fingerprints for Real ID. Having a Real ID gets you access to far more interesting things than just firearms. Heck, you don't even need fingerprints for a passport and that's the ultimate ID. The only other thing I've ever had to be printed for was Global Entry.

Excellent arguing point if it passes and the lawsuits are filed

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Curious why they don't require fingerprints for Real ID. Having a Real ID gets you access to far more interesting things than just firearms. Heck, you don't even need fingerprints for a passport and that's the ultimate ID. The only other thing I've ever had to be printed for was Global Entry.

TSA-Pre required prints as well. At least they did when I first got mine about 6 years ago.

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Curious why they don't require fingerprints for Real ID. Having a Real ID gets you access to far more interesting things than just firearms. Heck, you don't even need fingerprints for a passport and that's the ultimate ID. The only other thing I've ever had to be printed for was Global Entry.

 

TSA-Pre required prints as well. At least they did when I first got mine about 6 years ago.

Yep, I did mine mostly for precheck. It was a better value to do global entry at the time. I used to travel a lot for work before the virus, 30 flight segments in a quiet year. That really gets to the difference between people that do something professionally and occasional users. I could see requiring prints for ffls but not the occasional transferer.

 

If they do require prints they need to follow the precheck lead and provide faster service. They should have 72 hours to complete that initial card and make them able to be printed and picked up at any secretary of state office. That time should also count as part of the waiting period for their first firearm. If the isp exceeds that 72 hour window they will have to provide police protection until that person is able to exercise their right to protect themselves. If the state deprives you of your right to protect yourself they need to be responsible for protecting you until that right is restored. It is immoral to do otherwise.

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