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Illinois General Assembly 4/23/2021


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#1 mauserme

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Posted 22 April 2021 - 07:45 PM

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UPDATE(S)

Having failed to receive the required number of affirmative votes, HB1092 Criminal Law - Tech is postponed.

HB2989 Crim Cd & Corr - Firearm Sentence is also postponed.

 

The House passed HB3811 State Police - Fund Transfer

 

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#2 mauserme

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Posted 22 April 2021 - 07:45 PM

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Today is the third reading deadline for bills in their origating houses.

Yesterday in the House, the Judiciary - Criminal Committee approved for consideration House Amendment 1 to HB1091 Fix the FOID Act and House Amendment 1 to HB1092 Criminal Law Tech.
 
 
The House is scheduled for 9:00 today and the Senate for 10:00 AM.
 
Next Days Scheduled

House: 4/27/2021
Senate: 4/27/2021



House Calendar
 

Senate Calendar
 
Senate Supplemental Calendar 1


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#3 mauserme

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Posted 22 April 2021 - 07:48 PM

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House Calendar

9:00 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 - Approved for Consideration

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and the Office of the Attorney General to capture a report of persons whose Firearm Owner's Identification Cards have been revoked or suspended.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

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 - Approved for Consideration

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), Collins, Nichols

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.




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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#4 mauserme

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Posted 22 April 2021 - 07:50 PM

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Senate Calendar

10:00 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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#5 mauserme

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Posted 23 April 2021 - 08:29 AM

I'm running a little late today.

 

The House is under way.

 

ETA  Never mind - looks like a committee.



#6 mauserme

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Posted 23 April 2021 - 08:48 AM

Our calendar above has been update to reflect that HB3173 Sch Cd - Gun Safety Course and HB3302 Wildlife - Firearm Exempt passed out of the House late last night.

 

We support both bills.



#7 mauserme

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Posted 23 April 2021 - 09:10 AM

The House is coming to order.

 

113 members are present.



#8 mauserme

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Posted 23 April 2021 - 09:47 AM

HB1092 is up.



#9 mauserme

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Posted 23 April 2021 - 09:47 AM

HB1092 is out of the record.



#10 mauserme

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Posted 23 April 2021 - 09:50 AM

HB1092 is back up.



#11 mauserme

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Posted 23 April 2021 - 09:51 AM

Representative Stoneback introduces Amendment 1, calling provisions negotiated in the original bill "loopholes".

 

The amendment is adopted and the bill is moved back to third reading.



#12 mauserme

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Posted 23 April 2021 - 09:52 AM

Once again, she knows only the statistics she is given by those who oppose gun ownership.



#13 mauserme

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Posted 23 April 2021 - 09:52 AM

Lacking any original thought, she's reading the same statement she read in committee yesterday.



#14 mauserme

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Posted 23 April 2021 - 09:54 AM

Again with the loopholes which are actually by design.

 

As was explained to her in committee yesterday, those features were included as part of a negotiated without which, the law she now proposes to change would not even exist.



#15 mauserme

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Posted 23 April 2021 - 09:56 AM

Representative Reich asks Ms. Stonbach if she was in the General Assembly when the original bill was passed.  She said she was not, but that she supported the original bill as an advocate.

 

Mr. Reich reminds her that the original bill was finely crafted as a model for the country to follow.  The discussion she brings to the floor was brought up then and was rejected.



#16 mauserme

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Posted 23 April 2021 - 09:57 AM

He asks her if she's talked to ISRA or any other gun rights supporters.  She says that she first heard from them yesterday - Reich says ISRA has recording of her rejecting negotiation in March.



#17 mauserme

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Posted 23 April 2021 - 09:58 AM

He strongly urges a no vote as the bill would upset the delicate balance established in the original bill.



#18 mauserme

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Posted 23 April 2021 - 09:59 AM

Representative McCombie speaks of a letter Ms. Stoneback sent all legislators complaining that only 59 restraining orders had been filed.  McCombie says she thinks that a good thing.



#19 mauserme

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Posted 23 April 2021 - 10:00 AM

Ms. McCombie suggests that maybe the people of Illinois are better than the people in other states in regard to these orders.



#20 mauserme

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Posted 23 April 2021 - 10:04 AM

Representative Willis appreciates the bi-partisan support two years ago.  She felt and continues to feel it was good legislation, but she has major concerns about some provisions of the current bill.  She does see some good but, going back to the earlier agreed definition, she says she will probably vote "present".



#21 mauserme

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Posted 23 April 2021 - 10:07 AM

Having failed to receive the required number of affirmative votes, HB1092 is postponed.



#22 Talonap

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Posted 23 April 2021 - 10:12 AM

Having failed to receive the required number of affirmative votes, HB1092 is postponed.

 

So that's like, "We don't like the results, so we'll go threaten the no voters and come back to vote again - until we win."?



#23 mauserme

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Posted 23 April 2021 - 10:31 AM

Having failed to receive the required number of affirmative votes, HB1092 is postponed.

 
So that's like, "We don't like the results, so we'll go threaten the no voters and come back to vote again - until we win."?


Reluctance to admit defeat/being a sore loser.

#24 mauserme

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Posted 23 April 2021 - 10:42 AM

The Senate has been underway for a while.



#25 springfield shooter

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Posted 23 April 2021 - 11:04 AM

He asks her if she's talked to ISRA or any other gun rights supporters.  She says that she first heard from them yesterday - Reich says ISRA has recording of her rejecting negotiation in March.

 

How'd that go over?


"People will do what they do."

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#26 mauserme

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Posted 23 April 2021 - 11:11 AM

He asks her if she's talked to ISRA or any other gun rights supporters.  She says that she first heard from them yesterday - Reich says ISRA has recording of her rejecting negotiation in March.

 
How'd that go over?


It actually got a little painful to watch.

#27 cybermgk

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Posted 23 April 2021 - 11:27 AM

Representative Willis appreciates the bi-partisan support two years ago.  She felt and continues to feel it was good legislation, but she has major concerns about some provisions of the current bill.  She does see some good but, going back to the earlier agreed definition, she says she will probably vote "present".

Wow, when Willis has reservations, that says volumes about the craptitude of the bill


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#28 mauserme

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Posted 23 April 2021 - 11:45 AM

HB2989 is up.  After being amended 4 times it's not closely related to our interests any longer.



#29 mauserme

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Posted 23 April 2021 - 11:46 AM

With only 47 affirmative votes, HB2989 is postponed.



#30 mauserme

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Posted 23 April 2021 - 01:08 PM

Senate Supplemental Calendar 1 is available.




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