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91_SB1616
LRB9112148RCpk
1 AN ACT in relation to Firearm Owner's Identification
2 Cards.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Firearm Owners Identification Card Act is
6 amended by changing Sections 4, 5, and 13.2 as follows:
7 (430 ILCS 65/4) (from Ch. 38, par. 83-4)
8 Sec. 4. (a) Each applicant for a Firearm Owner's
9 Identification Card must:
10 (1) Make application on blank forms prepared and
11 furnished at convenient locations throughout the State by
12 the Department of State Police and appear in person at a
13 local police station, county sheriff's office, or the
14 Department of State Police and before receiving an
15 application, present positive evidence of identification
16 to a law enforcement officer, including but not limited
17 to, an Illinois driver's license or Illinois
18 Identification Card; which application shall be signed by
19 the law enforcement officer; and
20 (2) Submit evidence under penalty of perjury to the
21 Department of State Police that:
22 (i) He or she is 21 years of age or over, or
23 if he or she is under 21 years of age that he or she
24 has the written consent of his or her parent or
25 legal guardian to possess and acquire firearms and
26 firearm ammunition and that he or she has never been
27 convicted of a misdemeanor other than a traffic
28 offense or adjudged delinquent, provided, however,
29 that such parent or legal guardian is not an
30 individual prohibited from having a Firearm Owner's
31 Identification Card and files an affidavit with the
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1 Department as prescribed by the Department stating
2 that he or she is not an individual prohibited from
3 having a Card;
4 (ii) He or she has not been convicted of a
5 felony under the laws of this or any other
6 jurisdiction;
7 (iii) He or she is not addicted to narcotics;
8 (iv) He or she has not been a patient in a
9 mental institution within the past 5 years;
10 (v) He or she is not mentally retarded;
11 (vi) He or she is not an alien who is
12 unlawfully present in the United States under the
13 laws of the United States;
14 (vii) He or she is not subject to an existing
15 order of protection prohibiting him or her from
16 possessing a firearm;
17 (viii) He or she has not been convicted within
18 the past 5 years of battery, assault, aggravated
19 assault, violation of an order of protection, or a
20 substantially similar offense in another
21 jurisdiction, in which a firearm was used or
22 possessed;
23 (ix) He or she has not been convicted of
24 domestic battery or a substantially similar offense
25 in another jurisdiction committed on or after the
26 effective date of this amendatory Act of 1997; and
27 (x) He or she has not been convicted within
28 the past 5 years of domestic battery or a
29 substantially similar offense in another
30 jurisdiction committed before the effective date of
31 this amendatory Act of 1997; and
32 (3) Upon request by the Department of State Police,
33 sign a release on a form prescribed by the Department of
34 State Police waiving any right to confidentiality and
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1 requesting the disclosure to the Department of State
2 Police of limited mental health institution admission
3 information from another state, the District of Columbia,
4 any other territory of the United States, or a foreign
5 nation concerning the applicant for the sole purpose of
6 determining whether the applicant is or was a patient in
7 a mental health institution and disqualified because of
8 that status from receiving a Firearm Owner's
9 Identification Card. No mental health care or treatment
10 records may be requested. The information received shall
11 be destroyed within one year of receipt.
12 (b) Each application form shall include the following
13 statement printed in bold type: "Warning: False statements
14 of the applicant shall result in prosecution for perjury in
15 accordance with Section 32-2 of the Criminal Code of 1961.".
16 (c) Upon such written consent, pursuant to Section 4,
17 paragraph (a) (2) (i), the parent or legal guardian giving
18 the consent shall be liable for any damages resulting from
19 the applicant's use of firearms or firearm ammunition.
20 (Source: P.A. 90-493, eff. 1-1-98; 91-514, eff. 1-1-00.)
21 (430 ILCS 65/5) (from Ch. 38, par. 83-5)
22 Sec. 5. The Department of State Police shall either
23 approve or deny all applications within 30 days from the date
24 they are received, and every applicant found qualified
25 pursuant to Section 8 of this Act by the Department shall be
26 entitled to a Firearm Owner's Identification Card upon the
27 payment of a $10 $5 fee. $3 of each fee derived from the
28 issuance of Firearm Owner's Identification Cards, or renewals
29 thereof, shall be deposited in the Wildlife and Fish Fund in
30 the State Treasury; $1 of such fee shall be deposited in the
31 General Revenue Fund in the State Treasury and $6 $1 of such
32 fee shall be deposited in the Firearm Owner's Notification
33 Fund. Monies in the Firearm Owner's Notification Fund shall
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1 be used exclusively to pay for the cost of sending notices of
2 expiration of Firearm Owner's Identification Cards under
3 Section 13.2 of this Act. Excess monies in the Firearm
4 Owner's Notification Fund shall be used to ensure the prompt
5 and efficient processing of applications received under
6 Section 4 of this Act.
7 (Source: P.A. 84-1426.)
8 (430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)
9 Sec. 13.2. The Department of State Police shall, 60 30
10 days prior to the expiration of a Firearm Owner's
11 Identification Card, forward each person whose card is to
12 expire a notification of the expiration of the card and an
13 application which may be used to apply for renewal of the
14 card.
15 (Source: P.A. 84-25.)
16 Section 10. The Illinois Vehicle Code is amended by
17 changing Section 6-204 as follows:
18 (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
19 Sec. 6-204. When Court to forward License and Reports.
20 (a) For the purpose of providing to the Secretary of
21 State the records essential to the performance of the
22 Secretary's duties under this Code to cancel, revoke or
23 suspend the driver's license and privilege to drive motor
24 vehicles of certain minors adjudicated truant minors in need
25 of supervision, addicted, or delinquent and of persons found
26 guilty of the criminal offenses or traffic violations which
27 this Code recognizes as evidence relating to unfitness to
28 safely operate motor vehicles, the following duties are
29 imposed upon public officials:
30 1. Whenever any person is convicted of any offense
31 for which this Code makes mandatory the cancellation or
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1 revocation of the driver's license or permit of such
2 person by the Secretary of State, the judge of the court
3 in which such conviction is had shall require the
4 surrender to the clerk of the court of all driver's
5 licenses or permits then held by the person so convicted,
6 and the clerk of the court shall, within 10 days
7 thereafter, forward the same, together with a report of
8 such conviction, to the Secretary.
9 2. Whenever any person is convicted of any offense
10 under this Code or similar offenses under a municipal
11 ordinance, other than regulations governing standing,
12 parking or weights of vehicles, and excepting the
13 following enumerated Sections of this Code: Sections
14 11-1406 (obstruction to driver's view or control),
15 11-1407 (improper opening of door into traffic), 11-1410
16 (coasting on downgrade), 11-1411 (following fire
17 apparatus), 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101
18 (driving vehicle which is in unsafe condition or
19 improperly equipped), 12-201(a) (daytime lights on
20 motorcycles), 12-202 (clearance, identification and side
21 marker lamps), 12-204 (lamp or flag on projecting load),
22 12-205 (failure to display the safety lights required),
23 12-401 (restrictions as to tire equipment), 12-502
24 (mirrors), 12-503 (windshields must be unobstructed and
25 equipped with wipers), 12-601 (horns and warning
26 devices), 12-602 (mufflers, prevention of noise or
27 smoke), 12-603 (seat safety belts), 12-702 (certain
28 vehicles to carry flares or other warning devices),
29 12-703 (vehicles for oiling roads operated on highways),
30 12-710 (splash guards and replacements), 13-101 (safety
31 tests), 15-101 (size, weight and load), 15-102 (width),
32 15-103 (height), 15-104 (name and address on second
33 division vehicles), 15-107 (length of vehicle), 15-109.1
34 (cover or tarpaulin), 15-111 (weights), 15-112 (weights),
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1 15-301 (weights), 15-316 (weights), 15-318 (weights), and
2 also excepting the following enumerated Sections of the
3 Chicago Municipal Code: Sections 27-245 (following fire
4 apparatus), 27-254 (obstruction of traffic), 27-258
5 (driving vehicle which is in unsafe condition), 27-259
6 (coasting on downgrade), 27-264 (use of horns and signal
7 devices), 27-265 (obstruction to driver's view or driver
8 mechanism), 27-267 (dimming of headlights), 27-268
9 (unattended motor vehicle), 27-272 (illegal funeral
10 procession), 27-273 (funeral procession on boulevard),
11 27-275 (driving freighthauling vehicles on boulevard),
12 27-276 (stopping and standing of buses or taxicabs),
13 27-277 (cruising of public passenger vehicles), 27-305
14 (parallel parking), 27-306 (diagonal parking), 27-307
15 (parking not to obstruct traffic), 27-308 (stopping,
16 standing or parking regulated), 27-311 (parking
17 regulations), 27-312 (parking regulations), 27-313
18 (parking regulations), 27-314 (parking regulations),
19 27-315 (parking regulations), 27-316 (parking
20 regulations), 27-317 (parking regulations), 27-318
21 (parking regulations), 27-319 (parking regulations),
22 27-320 (parking regulations), 27-321 (parking
23 regulations), 27-322 (parking regulations), 27-324
24 (loading and unloading at an angle), 27-333 (wheel and
25 axle loads), 27-334 (load restrictions in the downtown
26 district), 27-335 (load restrictions in residential
27 areas), 27-338 (width of vehicles), 27-339 (height of
28 vehicles), 27-340 (length of vehicles), 27-352
29 (reflectors on trailers), 27-353 (mufflers), 27-354
30 (display of plates), 27-355 (display of city vehicle tax
31 sticker), 27-357 (identification of vehicles), 27-358
32 (projecting of loads), and also excepting the following
33 enumerated paragraphs of Section 2-201 of the Rules and
34 Regulations of the Illinois State Toll Highway Authority:
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1 (l) (driving unsafe vehicle on tollway), (m) (vehicles
2 transporting dangerous cargo not properly indicated), it
3 shall be the duty of the clerk of the court in which such
4 conviction is had within 10 days thereafter to forward to
5 the Secretary of State a report of the conviction and the
6 court may recommend the suspension of the driver's
7 license or permit of the person so convicted.
8 The reporting requirements of this subsection shall apply
9 to all violations stated in paragraphs 1 and 2 of this
10 subsection when the individual has been adjudicated under the
11 Juvenile Court Act or the Juvenile Court Act of 1987. Such
12 reporting requirements shall also apply to individuals
13 adjudicated under the Juvenile Court Act or the Juvenile
14 Court Act of 1987 who have committed a violation of Section
15 11-501 of this Code, or similar provision of a local
16 ordinance, or Section 9-3 of the Criminal Code of 1961, as
17 amended, relating to the offense of reckless homicide. The
18 reporting requirements of this subsection shall also apply to
19 a truant minor in need of supervision, an addicted minor, or
20 a delinquent minor and whose driver's license and privilege
21 to drive a motor vehicle has been ordered suspended for such
22 times as determined by the Court, but only until he or she
23 attains 18 years of age. It shall be the duty of the clerk
24 of the court in which adjudication is had within 10 days
25 thereafter to forward to the Secretary of State a report of
26 the adjudication and the court order requiring the Secretary
27 of State to suspend the minor's driver's license and driving
28 privilege for such time as determined by the Court, but only
29 until he or she attains the age of 18 years. All juvenile
30 court dispositions reported to the Secretary of State under
31 this provision shall be processed by the Secretary of State
32 as if the cases had been adjudicated in traffic or criminal
33 court. However, information reported relative to the offense
34 of reckless homicide, or Section 11-501 of this Code, or a
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1 similar provision of a local ordinance, shall be privileged
2 and available only to the Secretary of State, courts, and
3 police officers.
4 3. Whenever an order is entered vacating the
5 forfeiture of any bail, security or bond given to secure
6 appearance for any offense under this Code or similar
7 offenses under municipal ordinance, it shall be the duty
8 of the clerk of the court in which such vacation was had
9 or the judge of such court if such court has no clerk,
10 within 10 days thereafter to forward to the Secretary of
11 State a report of the vacation.
12 4. A report of any disposition of court supervision
13 for a violation of Sections 6-303, 11-401, 11-501 or a
14 similar provision of a local ordinance, 11-503 and 11-504
15 shall be forwarded to the Secretary of State. A report of
16 any disposition of court supervision for a violation of
17 an offense defined as a serious traffic violation in this
18 Code or a similar provision of a local ordinance
19 committed by a person under the age of 21 years shall be
20 forwarded to the Secretary of State.
21 5. Reports of conviction and sentencing hearing
22 under the Juvenile Court Act of 1987 in a computer
23 processible medium shall be forwarded to the Secretary of
24 State via the Supreme Court in the form and format
25 required by the Illinois Supreme Court and established by
26 a written agreement between the Supreme Court and the
27 Secretary of State. In counties with a population over
28 300,000, instead of forwarding reports to the Supreme
29 Court, reports of conviction and sentencing hearing under
30 the Juvenile Court Act of 1987 in a computer processible
31 medium may be forwarded to the Secretary of State by the
32 Circuit Court Clerk in a form and format required by the
33 Secretary of State and established by written agreement
34 between the Circuit Court Clerk and the Secretary of
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1 State. Failure to forward the reports of conviction or
2 sentencing hearing under the Juvenile Court Act of 1987
3 as required by this Section shall be deemed an omission
4 of duty and it shall be the duty of the several State's
5 Attorneys to enforce the requirements of this Section.
6 (b) Whenever a restricted driving permit is forwarded to
7 a court, as a result of confiscation by a police officer
8 pursuant to the authority in Section 6-113(f), it shall be
9 the duty of the clerk, or judge, if the court has no clerk,
10 to forward such restricted driving permit and a facsimile of
11 the officer's citation to the Secretary of State as
12 expeditiously as practicable.
13 (c) For the purposes of this Code, a forfeiture of bail
14 or collateral deposited to secure a defendant's appearance in
15 court when forfeiture has not been vacated, or the failure of
16 a defendant to appear for trial after depositing his driver's
17 license in lieu of other bail, shall be equivalent to a
18 conviction.
19 (d) For the purpose of providing the Secretary of State
20 with records necessary to properly monitor and assess driver
21 performance and assist the courts in the proper disposition
22 of repeat traffic law offenders, the clerk of the court shall
23 forward to the Secretary of State, on a form prescribed by
24 the Secretary, records of driver's participation in a driver
25 remedial or rehabilitative program which was required,
26 through a court order or court supervision, in relation to
27 the driver's arrest for a violation of Section 11-501 of this
28 Code or a similar provision of a local ordinance. Such
29 reports shall be sent within 10 days after the driver's
30 referral to such driver remedial or rehabilitative program.
31 Such reports, including those required to be forwarded under
32 subsection 4 of paragraph (a), shall be recorded to the
33 driver's file, but shall not be released to any outside
34 source, except the affected driver, and shall be used only to
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1 assist in assessing driver performance and for the purpose of
2 informing the courts that such driver has been previously
3 assigned court supervision or referred to a driver's remedial
4 or rehabilitative program.
5 (e) For the purpose of protecting law enforcement
6 officers who make stops or arrests for alleged violations of
7 this Code or similar provisions of local ordinances, the
8 Department of State Police, within 6 months after the
9 effective date of this amendatory Act of the 91st General
10 Assembly, shall forward to the Secretary of State the name,
11 address, and other identifying information of each person who
12 is a valid holder of a Firearm Owner's Identification Card
13 issued under the Firearm Owners Identification Card Act and,
14 within 24 hours after issuance, the name, address, and other
15 identifying information of each person subsequently issued a
16 Firearm Owner's Identification Card. The information shall
17 be compiled in the computerized database that the Secretary
18 of State maintains concerning driving records of each such
19 person who holds a driver's license or permit, restricted
20 driving permit, or judicial driving permit. This information
21 shall be included in the information accessible to law
22 enforcement officers in the enforcement of traffic laws.
23 (Source: P.A. 90-369, eff. 1-1-98; 90-590, eff. 1-1-99;
24 91-357, eff. 7-29-99.)