Human Services Committee
Filed: 3/9/2005
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1 | AMENDMENT TO HOUSE BILL 1349
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2 | AMENDMENT NO. ______. Amend House Bill 1349 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Department of State Police Law of the
Civil | ||||||
5 | Administrative Code of Illinois is amended by adding Section | ||||||
6 | 2605-560 as follows: | ||||||
7 | (20 ILCS 2605/2605-560 new) | ||||||
8 | Sec. 2605-560. Handgun Roster Board. | ||||||
9 | (a) There is established a Handgun Roster Board in the | ||||||
10 | Department of State Police.
The Board consists of 11 members. | ||||||
11 | (1) Of the 11 members of the Board: | ||||||
12 | (A) one shall be the Director of State Police as an | ||||||
13 | ex officio member; and | ||||||
14 | (B) ten shall be appointed by the Governor with the | ||||||
15 | advice and consent of the Senate. | ||||||
16 | (2) Of the 10 appointed members of the Board: | ||||||
17 | (A) one shall be a representative of a State law | ||||||
18 | enforcement agency association; | ||||||
19 | (B) one shall be a representative of a State | ||||||
20 | prosecutorial association; | ||||||
21 | (C) one shall be a handgun dealer, gunsmith, or | ||||||
22 | representative of a handgun manufacturer; | ||||||
23 | (D) one shall be a resident of the State who is a | ||||||
24 | representative of a rifle association; |
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1 | (E) one shall be a representative of an | ||||||
2 | organization that promotes gun violence prevention; | ||||||
3 | and | ||||||
4 | (F) five shall be public members, 2 of whom shall | ||||||
5 | be mechanical or electrical engineers. | ||||||
6 | (b) Each member of the Board, other than the Director of | ||||||
7 | State Police, shall serve a term of 4 years.
The Director of | ||||||
8 | State Police shall serve as chairman.
The Board shall appoint | ||||||
9 | such other officers as it deems appropriate. The Board shall | ||||||
10 | meet at the request of the chairman or of a majority of the | ||||||
11 | members. | ||||||
12 | (c) The Board members shall receive no additional | ||||||
13 | compensation for their service as members of the Board but may | ||||||
14 | be reimbursed for their actual expenses for service on the | ||||||
15 | Board from appropriations made to the Department of State | ||||||
16 | Police for that purpose.
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17 | Section 10. The Criminal Code of 1961 is amended by adding | ||||||
18 | Section 24-11 as follows: | ||||||
19 | (720 ILCS 5/24-11 new)
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20 | Sec. 24-11. Handgun safety devices. | ||||||
21 | (a) In this Section: | ||||||
22 | "Authorized user" means the owner and any person authorized | ||||||
23 | by the owner to possess and use the handgun. | ||||||
24 | "External safety lock" means an external device that is: | ||||||
25 | (1) attached to a handgun with a key or combination | ||||||
26 | lock; and | ||||||
27 | (2) designed to prevent a handgun from being discharged | ||||||
28 | unless the device has been deactivated. | ||||||
29 | "Handgun" has the meaning ascribed to it in clause (h)(2) | ||||||
30 | of subsection (A) of Section 24-3 of this Code. | ||||||
31 | "Handgun Roster Board" means the Board created in Section | ||||||
32 | 2605-560 of the Department of State Police Law. |
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1 | "Integrated mechanical safety device" means a disabling or | ||||||
2 | locking device that is: | ||||||
3 | (1) built into a handgun; and | ||||||
4 | (2) designed to prevent the handgun from being | ||||||
5 | discharged unless the device has been deactivated. | ||||||
6 | "Personalized handgun" means a handgun manufactured with | ||||||
7 | incorporated design technology that: | ||||||
8 | (1) allows the handgun to be fired only by the | ||||||
9 | authorized user; and | ||||||
10 | (2) prevents any of the safety characteristics of the | ||||||
11 | handgun from being readily deactivated. | ||||||
12 | (b) A dealer may not sell, offer for sale, rent, or | ||||||
13 | transfer in this State a handgun manufactured on or before | ||||||
14 | December 31, 2005 unless the handgun is sold, offered for sale, | ||||||
15 | rented, or transferred with an external safety lock. | ||||||
16 | (c) On or after January 1, 2006, a dealer may not sell, | ||||||
17 | offer for sale, rent, or transfer in the State a handgun | ||||||
18 | manufactured on or after January 1, 2006, unless the handgun | ||||||
19 | has an integrated mechanical safety device. | ||||||
20 | (d) The Handgun Roster Board annually shall: | ||||||
21 | (1) review the status of personalized handgun | ||||||
22 | technology; and | ||||||
23 | (2) on or before July 1, report its findings to the | ||||||
24 | Governor and to the General Assembly. | ||||||
25 | (e) In reviewing the status of personalized handgun | ||||||
26 | technology under paragraph (1) of subsection (d) of this | ||||||
27 | Section, the Handgun Roster Board shall consider: | ||||||
28 | (1) the number and variety of models and calibers of | ||||||
29 | personalized handguns that are available for sale; | ||||||
30 | (2) each study, analysis, or other evaluation of | ||||||
31 | personalized handguns conducted or commissioned by:
(A) | ||||||
32 | the National Institute of Justice;
(B) a federal, State, or | ||||||
33 | local law enforcement laboratory; or
(C) any other entity | ||||||
34 | with an expertise in handgun technology; and |
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1 | (3) any other information that the Handgun Roster Board | ||||||
2 | considers relevant. | ||||||
3 | (f) This Section does not apply to: | ||||||
4 | (1) the purchase, sale, or transportation of a handgun | ||||||
5 | to or by a federally licensed gun dealer or manufacturer | ||||||
6 | that provides or services a handgun for:
(i) personnel of | ||||||
7 | any unit of the federal government;
(ii) members of the | ||||||
8 | armed forces of the United States or the National Guard;
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9 | (iii) law enforcement personnel of the State or any local | ||||||
10 | law enforcement agency in the State while acting within the | ||||||
11 | scope of their official duties; and
(iv) an organization | ||||||
12 | that is required by federal law governing its specific | ||||||
13 | business or activity to maintain handguns and applicable | ||||||
14 | ammunition; | ||||||
15 | (2) a firearm modified to be permanently inoperative; | ||||||
16 | (3) the sale or transfer of a handgun by a federally | ||||||
17 | licensed gun dealer or manufacturer covered under item (1) | ||||||
18 | of this subsection; | ||||||
19 | (4) the sale or transfer of a handgun by a federally | ||||||
20 | licensed gun dealer or manufacturer to a lawful customer | ||||||
21 | outside the State; or | ||||||
22 | (5) an antique firearm. | ||||||
23 | (g) A dealer who violates subsection (b) or (c) of this | ||||||
24 | Section is guilty of a Class 4 felony. ".
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