SB 1966

Abstract

Amends the State Appellate Defender Act. Creates the Public Defender Bail Reform Grant Program to assist county public defenders in implementing a provision of the Code of Criminal Procedure of 1963 which requires counsel at bail hearings. Provides that the Public Defender Bail Reform Grant Program is to be administered by the State Appellate Defender, under the direction of the State Appellate Defender Commission. Provides that the State Appellate Defender shall request funds for this grant program within its annual appropriation. Provides for eligibility and administration of the grant program. Makes other changes. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 725 ILCS 105/12 new 725 ILCS 105/13 new 725 ILCS 105/14 new Adds reference to: 5 ILCS 140/7.5 20 ILCS 2605/2605-304 new 20 ILCS 2605/2605-605 30 ILCS 105/5.891 new 30 ILCS 105/5.893 new 30 ILCS 105/6z-107 new 30 ILCS 105/6z-108 new 430 ILCS 65/1.1 from Ch. 38, par. 83-1.1 430 ILCS 65/3 from Ch. 38, par. 83-3 430 ILCS 65/3a from Ch. 38, par. 83-3a 430 ILCS 65/3.1 from Ch. 38, par. 83-3.1 430 ILCS 65/4 from Ch. 38, par. 83-4 430 ILCS 65/5 from Ch. 38, par. 83-5 430 ILCS 65/7 from Ch. 38, par. 83-7 430 ILCS 65/7.5 new 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/8.4 new 430 ILCS 65/9.5 430 ILCS 65/14 from Ch. 38, par. 83-14 430 ILCS 66/13 new 430 ILCS 66/30 430 ILCS 66/50 720 ILCS 5/24-3 from Ch. 38, par. 24-3 725 ILCS 5/110-10 from Ch. 38, par. 110-10 730 ILCS 5/5-6-3 from Ch. 38, par. 1005-6-3 Replaces everything after the enacting clause. Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Director of State Police shall (rather than may) establish a statewide multi-jurisdictional Violent Crime Intelligence Task Force. Provides that the Violent Crime Intelligence Task Force shall also conduct enforcement operations against persons whose Firearm Owner's Identification Cards have been revoked or suspended and persons who fail to comply with the revocation or suspension requirements of the Firearm Owners Identification Card Act, prioritizing individuals presenting a clear and present danger to themselves or to others under that Act. Provides that the Task Force shall collaborate with local law enforcement agencies to enforce provisions of the Firearm Owners Identification Card Act, the Firearm Concealed Carry Act, the Firearm Dealer License Certification Act, and the Deadly Weapons Article of the Criminal Code of 2012. Provides that the Director of State Police may establish intergovernmental contracts written and executed in conformity with the Intergovernmental Cooperation Act. Provides that the Department of 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. Amends the Firearm Owners Identification Card Act. Modifies definition of "clear and present danger". 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 Department of State Police, unless the applicant has previously provided a full set of his or her fingerprints to the Department 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 a person who receives a revocation or suspension notice under the Act (currently, only revocation notice) shall, within 48 hours of receiving notice of the revocation or suspension: (1) surrender his or her Firearm Owner's Identification Card to the local law enforcement agency where the person resides; and (2) complete a Firearm Disposition Record on a form prescribed by the Department of State Police and place his or her firearms in the location or with the person reported in the Firearm Disposition Record. Provides that any transfer of a surrendered firearm must be conducted under the firearm transfer provisions of the Firearm Owners Identification Card Act. Provides that nothing in the firearm revocation or suspension provisions of the Firearm Owners Identification Card Act prevents a court from ordering an individual to surrender his or her Firearm Owner's Identification Card to a law enforcement agency of the court's choosing in a timeframe shorter than 48 hours after receipt of the notice of revocation or suspension. 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. Amends the State Finance Act. Creates the State Police Revocation Enforcement Fund and the School-Based Mental Health Services Fund in the State treasury and defines their purposes. Amends the Firearm Concealed Carry Act. Provides that an applicant for renewal need not resubmit a full set of fingerprints if the applicant has previously done so under the Act or the Firearm Owners Identification Card Act. Amends the Criminal Code of 2012. Provides that a person commits the offense of unlawful sale or delivery of firearms when he or she transfers ownership of a firearm to a person in violation of the Firearm Owners Identification Card Act. This offense is a Class 4 felony. Amends the Code of Criminal Procedure of 1963 and the Unified Code of Corrections. Modifies requirements for transfer of firearms to a law enforcement agency as required under those Acts. Makes other changes. Effective immediately. House Floor Amendment No. 2 Deletes reference to: 30 ILCS 105/5.893 new 30 ILCS 105/6z-108 new Adds reference to: 30 ILCS 105/6z-99 In the amendatory changes to the State Finance Act, eliminates the School-Based Mental Health Services Fund and provides that moneys in the Mental Health Reporting Fund may be used for reporting prohibitors to the National Instant Criminal Background Check System (NICS). Provides that any surplus moneys in the Fund shall be used as follows: (1) 50% shall be used to fund community-based mental health programs aimed at reducing gun violence, community integration and education, or mental health awareness and prevention, including administrative costs; and (2) 50% shall be used to award grants that use and promote the National School Mental Health Curriculum model for school-based mental health support, integration, and services. In the amendatory changes to the Firearm Owners Identification Card Act, provides that a live scan fingerprint vendor may not charge more than $30 per set of fingerprints. Reduces the application and renewal fees for Firearm Owner's Identification Cards from $50 to $20. Changes the amounts of the distribution of fees for applications for Firearm Owner's Identification Cards to various funds. House Floor Amendment No. 3 Restores language that any person within the State who, before the provisions concerning transferring firearms only through federally licensed firearm dealers become operative, shall keep a record of the transfer for a period of 10 years from the date of transfer under the same requirements before the provisions became operative and with the same penalties for violations. Balanced Budget Note, House Committee Amendment No. 1 (Office of Management and Budget) The Balanced Budget Note Act does not apply to this bill as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Balanced Budget Note, House Floor Amendment No. 2 (Office of Management and Budget) The Balanced Budget Note Act does not apply to this bill as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Balanced Budget Note, House Floor Amendment No. 3 (Office of Management and Budget) The Balanced Budget Note Act does not apply to this bill as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Pension Note, House Committee Amendment No. 1 (Government Forecasting & Accountability) SB 1966, as amended by HA 1, will not impact any public pension fund or retirement system in Illinois. Pension Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) SB 1966, as amended by HA 2, will not impact any public pension fund or retirement system in Illinois. Pension Note, House Floor Amendment No. 3 (Government Forecasting & Accountability) SB 1966, as amended by HA 3, will not impact any public pension fund or retirement system in Illinois. Pension Note (Government Forecasting & Accountability) SB 1966, as engrossed, will not impact any public pension fund or retirement system in Illinois. State Debt Impact Note (Government Forecasting & Accountability) SB 1966, as engrossed, would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness. State Debt Impact Note, House Committee Amendment No. 1 (Government Forecasting & Accountability) SB 1966, as amended by House Amendment 1, would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness. State Debt Impact Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) SB 1966, as amended by House Amendment 2, would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness. State Debt Impact Note, House Floor Amendment No. 3 (Government Forecasting & Accountability) SB 1966, as amended by House Amendment 3, would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness. Fiscal Note, House Committee Amendment No. 1 (Illinois State Police) In calendar year 2018, the Illinois State Police (ISP) received approximately 361,328 new and renewal FOID Card applications. SB 1966 (H-AM 1) would allow the Illinois State Police to collect $23 on each application for the Firearms Services Fund (administrative processes) and $15 for the State Police Revocation Enforcement Fund. Based upon 2018 new and renewal application submissions, a $38 fee would allow the ISP to collect approximately $13,730,464. Fiscal Note, House Floor Amendment No. 2 (Illinois State Police) In calendar year 2018, the Illinois State Police (ISP) received approximately 361,328 new and renewal FOID Card applications. SB 1966 (H-AM 2) would allow the Illinois State Police to collect $15 on each application for administrative processes and $5 for the State Police Revocation Enforcement Fund. Based upon 20I8 new and renewal application submissions, a $20 fee would allow the ISP to collect approximately $7,226,560. Fiscal Note, House Floor Amendment No. 3 (Illinois State Police) SB 1966 (H-AM 3) has no fiscal impact on the Illinois State Police. Judicial Note, House Committee Amendment No. 1 (Admin Office of the Illinois Courts) This legislation would neither increase nor decrease the number of judges needed in the State of Illinois. Judicial Note, House Floor Amendment No. 2 (Admin Office of the Illinois Courts) This legislation would neither increase nor decrease the number of judges needed in the State of Illinois. Judicial Note, House Floor Amendment No. 3 (Admin Office of the Illinois Courts) This legislation would neither increase nor decrease the number of judges needed in the State of Illinois. Correctional Note, House Floor Amendment No. 2 (Dept of Corrections) There is no fiscal or population impact on the Department of Corrections Correctional Note, House Floor Amendment No. 3 (Dept of Corrections) There is no fiscal or population impact on the Department of Corrections Correctional Note, House Committee Amendment No. 1 (Dept of Corrections) The total impact of Senate Bill 1966 (H-AM 1) would result in an increase of 79 offenders, with additional marginal costs of $6,324,000 over the first ten years after enactment. State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity) This bill does not create a State Mandate. State Mandates Fiscal Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity) This bill does not create a State Mandate. State Mandates Fiscal Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity) This bill does not create a State Mandate. State Mandates Fiscal Note, House Floor Amendment No. 3 (Dept. of Commerce & Economic Opportunity) This bill does not create a State Mandate. Home Rule Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority. Home Rule Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority. Home Rule Note, House Floor Amendment No. 3 (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority. Home Rule Note (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority. Land Conveyance Appraisal Note, House Committee Amendment No. 1 (Dept. of Transportation) No land conveyances are included this legislation; therefore, there are no appraisals to be filed. Land Conveyance Appraisal Note, House Floor Amendment No. 2 (Dept. of Transportation) No land conveyances are included this legislation; therefore, there are no appraisals to be filed. Land Conveyance Appraisal Note, House Floor Amendment No. 3 (Dept. of Transportation) No land conveyances are included this legislation; therefore, there are no appraisals to be filed. Housing Affordability Impact Note, House Committee Amendment No. 1 (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Housing Affordability Impact Note, House Floor Amendment No. 2 (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Housing Affordability Impact Note, House Floor Amendment No. 3 (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.