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Illinois General Assembly 5/12/2021


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#1 mauserme

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Posted 11 May 2021 - 06:12 PM

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UPDATE(S)

HB1092 Criminal Law - Tech passed the House.







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#2 mauserme

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Posted 11 May 2021 - 06:15 PM

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Yesterday in the House, the Rules Committee approved for consideration HB1091 Fix the FOID and HB1092, an unacceptable modification of Illinois' red flag law.

Though delivered only months ago, Speaker Welch's inaugural remarks promising open and transparent government seem to have faded to the distant past in the "business as usual" Illinois Legislature.



The House and Senate are scheduled for Noon.




Next Days Scheduled

House: 5/13/2021
Senate: 5/13/2021


 

 

Senate Calendar
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#3 mauserme

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Posted 11 May 2021 - 06:16 PM

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House Calendar

12:00 Noon




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and the Office of the Attorney General to capture a report of persons whose Firearm Owner's Identification Cards have been revoked or suspended.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, Slaughter, Hirschauer, Ramirez, LaPointe, Yang Rohr, Morgan, Gabel, Gong-Gershowitz, Williams (Jawaharial), Stava-Murray, Evans, Mason, Walker, Buckner

Status: Consideration Postponed

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.


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#4 mauserme

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Posted 11 May 2021 - 06:17 PM

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Senate Calendar

12:00 Noon



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/Deadline Extended to 5/21/2021

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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#5 mauserme

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Posted 12 May 2021 - 11:10 AM

The Senate is coming to order.

 

I'll have to leave about 2:15 today.



#6 mauserme

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Posted 12 May 2021 - 11:20 AM

The House is coming to order.

 

118 members are present.



#7 mauserme

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Posted 12 May 2021 - 12:08 PM

HB1092 is up.

 

Representative Stoneback presents the bill by offering statistics on criminal behavior.

 

Once again, there are no original thoughts.



#8 mauserme

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Posted 12 May 2021 - 12:10 PM

She acknowledges that Illinois' red flag law has been in effect about 2 years, then expains her bill in terms that imply we have no such law.



#9 mauserme

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Posted 12 May 2021 - 12:10 PM

The Senate stands adjourned until 5/13/2021 @ 1:00 PM.



#10 mauserme

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Posted 12 May 2021 - 12:13 PM

Back to HB1092, the sponsor addresses concerns over the definition allowing people to file a restraining order by offering more statistics.  She ignores the fact that the original bill was negotiated in good faith, and the law she proposes to change would not exist without that negotiation.

 

She fails to recognize now, but will in the future, that her degree of trust in the legislature is being diminished by taking this approach.



#11 mauserme

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Posted 12 May 2021 - 12:14 PM

She is unconcerned about the risk of firearm restraining orders being used as retaliation.  In essence, she hasn't seen it so it cannot happen.



#12 mauserme

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Posted 12 May 2021 - 12:16 PM

The correction she seeks is that, in her opinion, there have not been enough restraining orders issued.   Some would point out that lack of need in that area is a good thing,



#13 mauserme

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Posted 12 May 2021 - 12:18 PM

Representative McCombie asks, after the bill was negotiated by both sides, with advocates from both side, where this language came from.

 

Heaving a huge sigh of frustration, the sponsor proceeds with a non-answer.



#14 mauserme

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Posted 12 May 2021 - 12:21 PM

In response to a question from Rep McCombie, Ms. Stoneback says that, despite her statement that ISP supports her bill, they're neutral only because they have not taken a position on the bill. 

 

The Sheriffs are opposed.

 

The Illinois Chiefs are neutral per the sponsor, but Ms. McCombie points out that they are asking for a revision.

 

ISRA opposes, but has offered changes.



#15 mauserme

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Posted 12 May 2021 - 12:22 PM

Ms. Stoneback does not have the ISRA document available.  Ms. McCombie does have a copy and proceeds with her questioning.

 

Ms. Stoenback is willing to continue the conversation in the Senate.  It appears that Ms. McCombie is not willing to give her that opportunity.



#16 EdDinIL

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Posted 12 May 2021 - 12:22 PM

The ISRA just sent out an email regarding HB1092 HFA1, asking everyone to call their reps to oppose it.


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#17 mauserme

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Posted 12 May 2021 - 12:23 PM

Representative Stoneback stutters when she's nervous.



#18 mauserme

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Posted 12 May 2021 - 12:26 PM

Representative McCombie speaks to the need for trust, for legislators' word to be their bond.



#19 mauserme

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Posted 12 May 2021 - 12:28 PM

Representative DeLuca asks the sponsor for a specific change.  She seems a bit unfamiliar with the language of her bill, but does better with prompting.



#20 mauserme

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Posted 12 May 2021 - 12:30 PM

Mr. DeLuca again speaks to his requested change, stating he would vote for the bill with that amendment.  Ms. Stoneback avoids a commitment.



#21 mauserme

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Posted 12 May 2021 - 12:33 PM

Representative Stoneback thanks all who created the original law, while essentially telling them their work is inadequate.



#22 mauserme

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Posted 12 May 2021 - 12:34 PM

On a vote of 69/43/0, the bill has passed.



#23 mauserme

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Posted 12 May 2021 - 12:38 PM

The House stands adjourned until 5/13/2021 @ 12:00 Noon.



#24 mauserme

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Posted 12 May 2021 - 12:41 PM

Despite Representative DeLuca's implication that he would not support HB1092 in its current form, he is recorded as a "Yes" vote.



#25 springfield shooter

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Posted 12 May 2021 - 01:23 PM

In response to a question from Rep McCombie, Ms. Stoneback says that, despite her statement that ISP supports her bill, they're neutral only because they have not taken a position on the bill. 

 

 

 

Huh? Could someone please tell the representative that the ISP not taking a position is reason enough.


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#26 markthesignguy

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Posted 12 May 2021 - 07:07 PM

Just  a biographical note:  Ms. Stoneback is listed as "founder of nonprofit People for a Safer Society".

 

The group that brings us Lee Goodwin, and the lawsuit stonewalling of that  never-opened gunstore / range  in Niles.

 

 

For easier reference, The vote today:

 

 

Attached File  10200HB1092_05122021_005000.pdf   29.85KB   31 downloads

 

 

 

Interesting, Willis was a NV...


Edited by markthesignguy, 12 May 2021 - 07:20 PM.

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