HB 1091

Abstract

Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the applicability of the common law. House Floor Amendment No. 1 Deletes reference to: 720 ILCS 5/1-3 Adds reference to: 5 ILCS 120/2 from Ch. 102, par. 42 5 ILCS 140/7.5 20 ILCS 2605/2605-304 new 20 ILCS 2605/2605-605 30 ILCS 105/5.938 new 30 ILCS 105/6z-99 30 ILCS 105/6z-124 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 65/6 from Ch. 38, par. 83-6 430 ILCS 65/6.2 new 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 65/8.2 430 ILCS 65/8.3 430 ILCS 65/8.4 new 430 ILCS 65/9.5 430 ILCS 65/10 from Ch. 38, par. 83-10 430 ILCS 65/11 from Ch. 38, par. 83-11 430 ILCS 65/13.2 from Ch. 38, par. 83-13.2 430 ILCS 65/13.4 new 430 ILCS 66/10.5 new 430 ILCS 66/10.6 new 430 ILCS 66/13 new 430 ILCS 66/20 430 ILCS 66/30 430 ILCS 66/50 430 ILCS 66/70 430 ILCS 67/35 430 ILCS 67/40 720 ILCS 5/24-3 from Ch. 38, par. 24-3 725 ILCS 5/110-10 from Ch. 38, par. 110-10 725 ILCS 5/112A-14 from Ch. 38, par. 112A-14 730 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 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and the Office of the Attorney General to capture a report of persons whose Firearm Owner's Identification Cards have been revoked or suspended.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. Senate Floor Amendment No. 4 Deletes reference to: 5 ILCS 120/2 from Ch. 102, par. 42 5 ILCS 140/7.5 20 ILCS 2605/2605-304 new 20 ILCS 2605/2605-605 30 ILCS 105/5.938 new 30 ILCS 105/6z-99 30 ILCS 105/6z-124 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 65/6 from Ch. 38, par. 83-6 430 ILCS 65/6.2 new 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 65/8.2 430 ILCS 65/8.3 430 ILCS 65/8.4 new 430 ILCS 65/9.5 430 ILCS 65/10 from Ch. 38, par. 83-10 430 ILCS 65/11 from Ch. 38, par. 83-11 430 ILCS 65/13.2 from Ch. 38, par. 83-13.2 430 ILCS 65/13.4 new 430 ILCS 66/10.5 new 430 ILCS 66/10.6 new 430 ILCS 66/13 new 430 ILCS 66/20 430 ILCS 66/30 430 ILCS 66/50 430 ILCS 66/70 430 ILCS 67/35 430 ILCS 67/40 720 ILCS 5/24-3 from Ch. 38, par. 24-3 725 ILCS 5/110-10 from Ch. 38, par. 110-10 725 ILCS 5/112A-14 from Ch. 38, par. 112A-14 730 ILCS 5/5-6-3 from Ch. 38, par. 1005-6-3 Adds reference to: New Act 30 ILCS 105/5.970 new 720 ILCS 5/16-0.1 720 ILCS 5/16-25.1 new 720 ILCS 5/16-25.2 new 720 ILCS 5/17-37 725 ILCS 215/2 from Ch. 38, par. 1702 725 ILCS 215/3 from Ch. 38, par. 1703 725 ILCS 215/4 from Ch. 38, par. 1704 Replaces everything after the enacting clause. Creates the Illinois Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers (INFORM Consumers) Act. Requires online marketplaces to collect and disclose to consumers contact and other information about high-volume third-party sellers. Provides exceptions. Provides that if the Attorney General has reason to believe that any person has violated the Act, the Attorney General may bring an action to restrain by preliminary or permanent injunction the use of such a method, act, or practice. Creates the Organized Retail Crime Enforcement Fund in the State treasury. Provides that subject to appropriation, moneys in the Organized Retail Crime Enforcement Fund shall be used by the Office of the Attorney General to award grants to State's Attorneys' offices and law enforcement agencies to investigate, indict, and prosecute violations of organized retail crime. Amends the Criminal Code of 2012. Creates the offense of organized retail crime. Defines the offense and establishes penalties. Provides that a retail mercantile establishment that is a victim of a violation of retail theft, organized retail crime, financial institution fraud or related offenses, or looting shall have certain rights. Provides that an issuer shall not provide a debit or credit cardholder or a person who utilizes an account number or code the value in any manner of any item purchased with intent to defraud the issuer or a person providing an item of value. Amends the Statewide Grand Jury Act. Provides that a Statewide Grand Jury may investigate, indict, and prosecute violations of organized retail crime. Amends the State Finance Act to make conforming changes. Effective immediately, except that the Illinois Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers (INFORM Consumers) Act takes effect January 1, 2023.