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Illinois General Assembly 6/16/2021


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UPDATE(S)

 

The Judiiciary - Criminal Committee recommends adoption of Senate Amendment 1 & 2 on HB562 "FOID Modernization"

 

The House adopted both Senate amendments and the bill has passed both bodies. A procedural hold is currently keeps it from being sent to the governor.

 

 

The House Rules Committee recommended for adoption Senate Amendment 1 to HB1092, expanding firearm restraining orders. After adopting the amendment the House passed the bill. It, too, has passed both houses. There is no procedural hold on this.

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Yesterday in the House HB1092, the restraining order expansion bill, was approved for consideration of the Senate amendment by the Rules Committee.

The Rules Committee also assigned HB562 "FOID Modernization" to the House Judiciary - Criminal Commitee, which in turn posted the bill to this morning's hearing. We urge you to file witness slips opposing this bill, as outlined in our 6/15/2021 Emergency Call to Action, and to make the phone calls outlined in our 6/15/2021 Call to Action - Phone Calls Needed.


The House is scheduled for 12:00 Noon today. The Senate is not in.



Next Days Scheduled

House: End of Session
Senate: End of Session


House Calendar

House Supplemental Calendar 1

House Supplemental Calendar 2
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House Calendar

12:00 Noon

 

 

HB562 "FOID Modernization"

 

Oppose

 

House Sponsor: Hoffman, Tarver, Burke (Sponsorship Removed: Collins)

 

Senate Sponsor: Koehler, Cunningham, Villivilam, Harris, Morrison, Ellman, Joyce, Landeck, Collins (Added after Passage: Bennett)

 

Status: House Concurrence in SA1 & SA2

 

Senate Amendment 1 - Adopted

 

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.

 

Senate Amendment 2 - Adopted

 

Provides that any person within this State who receives any firearm, stun gun, or taser from a person who is not a federally licensed firearm dealer shall provide a record of the transfer within 10 days of the transfer to a federally licensed firearm dealer and shall not be required to maintain a transfer record. Provides that the federally licensed firearm dealer shall maintain the transfer record for 20 years from date of receipt. Provides that a federally licensed firearm dealer may charge a fee not to exceed $25 to retain the record. Provides that the record shall be provided and maintained in either an electronic or paper format. Provides that the federally licensed firearm dealer shall not be liable for the accuracy of any information in the transfer record submitted pursuant to this provision.

 

 

 

 

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.

 

 

 

 

 

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: House Concurrence in SA1

 

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.

 

 

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Senate Calendar

Not In Today

 

 

HB836 Private Detective - Training

 

Neutral

 

House Sponsor: Evans, Yednock, Smith (Added after passage: Williams)

 

Senate Sponsor: Connor, Van Pelt

 

Status: Senate/Third Reading/Deadline Extended to 6/15/2021

 

Synopsis As Introduced

 

Amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. In a provision requiring training for registered employees of a private detective agency within 30 days of their employment, specifies that the training may be classroom-based or online Internet-based and removes certain topics that must be included in that training. Provides that registered employees of a private detective agency and private detectives shall complete an additional 8 hours of annual training each calendar year. Provides that private security contractors shall complete an additional 4 hours of annual training each calendar year. Provides that classroom basic training for private security contractors may be provided in a classroom setting or may be Internet-based online or other supervised computerized training. Provides that if a private security contractor owns or is employed by a private security contractor agency, the private security contractor agency shall maintain a record of the annual training and must make the record of annual training available to the Department of Financial and Professional Regulation upon request. Provides that a licensee applying for a firearm control card must complete a firearm training course consisting of 48 hours (rather than 40 hours) of training. Provides that a licensee or employee in possession of a valid firearm control card shall complete an additional 8 hours of refresher training each calendar year. Requires that commercial or industrial operations that employ one or more persons (rather than 5 or more persons) shall register their security forces with the Department and that registration subjects the security force to certain requirements. Makes other changes. Amends the Criminal Code of 2012 to make conforming changes.

 

House Amendment 1 to HB836 - Adopted

 

Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: In provisions amending the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, provides that training for registered employees of a private detective agency, private detectives, and private security contractors may be provided in a classroom or seminar setting or via Internet-based online learning programs (rather than in a classroom setting or may be Internet-based online or other supervised computerized training); provides that the original form or a copy (rather than the form) that certifies that the employee successfully completed basic and annual training shall be placed in the employee's file with the employer for the period the employee remains with the employer (and makes conforming changes); and makes other changes. In provisions amending the Criminal Code of 2012, removes language that provides that specified provisions concerning the unlawful use of a weapon do not apply to an athlete's possession, transport on official Olympic and Paralympic transit systems established for athletes, or use of competition firearms sanctioned by the International Olympic Committee, the International Paralympic Committee, the International Shooting Sport Federation, or USA Shooting in connection with such athlete's training for and participation in shooting competitions at the 2016 Olympic and Paralympic Games and sanctioned test events leading up to the 2016 Olympic and Paralympic Games; specifies that, for certain security guards, 20 hours of training for a security officer and 28 (rather than 20) hours of firearm training are required to qualify for an exemption; and makes conforming changes.

 

 

 

 

HB3173 Sch Cd - Gun Safety Course

 

Under Review

 

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

 

Senate Sponsor: Harmon

 

Status: Senate/Third Reading/Deadline Extended to 6/15/2021

 

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.

 

Senate Amendment 1 to HB3173 - Adopted

 

Replaces everything after the enacting clause. Amends the School Code. Makes a technical change in a Section concerning instruction.

 

 

 

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Mr. Hoffman offers statistics, verging on complaining about the numbers of new gun owners.

 

He says the bill would, for the first time, require all transfers to go through a background check without acknowledging our current universal background check system

Mr. Hoffman offers statistics, verging on complaining about the numbers of new gun owners.

 

He says the bill would, for the first time, require all transfers to go through a background check without acknowledging our current universal background check system

Riddle me this: if verifying the validity of a FOID card doesn’t tell you whether a person can lawful possess a firearm, then what actual value is there in the FOID card? Every time I’ve asked that question, it’s been met with silent confusion.

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Thanks for the updates, Keith. I sent a letter to my rep last night and called his office today. He usually can be counted on to vote our way. In this instance, the gentleman in his local office was not sure where he stood on HB-562. He did however tell me he would message the Rep as to my strong opposition to the bill(s). Since I donate to his campaign, I hope that at least gets some consideration.
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