HB 676

Abstract

Amends the Firearms Restraining Order Act. Makes a technical change in a Section concerning the short title. House Floor Amendment No. 1 Deletes reference to: 430 ILCS 67/1 Adds reference to: 55 ILCS 5/5-1117 from Ch. 34, par. 5-1117 215 ILCS 5/392.2 new 430 ILCS 65/1 from Ch. 38, par. 83-1 430 ILCS 65/1.1 430 ILCS 65/2 from Ch. 38, par. 83-2 430 ILCS 65/3 from Ch. 38, par. 83-3 430 ILCS 67/5 720 ILCS 5/24-4.3 new 725 ILCS 5/112A-14 from Ch. 38, par. 112A-14 730 ILCS 5/5-6-3.6 750 ILCS 60/202 from Ch. 40, par. 2312-2 750 ILCS 60/214 from Ch. 40, par. 2312-14 Replaces everything after the enacting clause. Amends the Counties Code. In the provision that the county board of any county may, by ordinance, regulate or prohibit within unincorporated areas the discharge of firearms in any residential area where such discharge is likely to subject residents or passersby to the risk of injury, defines "residential area" as any area within 1,000 (rather than 300) yards of at least 3 single or multi-family residential structures. Amends the Illinois Insurance Code. Creates the Task Force on Firearm Insurance to review current and potential future insurance policy offerings for the safe and legal possession of firearms and offer policymaking recommendations related to the use of that insurance. Provides that the Department of Insurance shall provide administrative support for the Task Force. Provides that the Task Force shall be comprised of specified members. Provides that the Task Force shall elect a chairperson from its membership. Provides that appointments shall be made within 90 days after the effective date of the amendatory Act. Provides that members shall serve without compensation. Provides that the Task Force shall submit a report of findings, recommendations, and other information to the Governor and the General Assembly by December 31, 2023. Provides that the Task Force is dissolved January 1, 2025. Amends the Firearm owners Identification Card Act. Provides that no person may acquire or possess any prepackaged explosive components within the State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Illinois State Police under the provisions of the Act. Provides exemptions. Amends the Criminal Code of 2012. Creates the offense of unlawful sale or delivery of prepackaged explosive components. Defines the offense and provides penalties for violation. Amends the Firearms Restraining Order Act. Expands the definition of "petitioner" to include intimate partners. Amends the Unified Code of Corrections. Eliminates the repeal date of the statute creating the First Time Weapon Offender Program. Changes the name of the Program to the First Time Weapon Offense Program. Deletes a provision that a defendant is not eligible for the Program if he or she is 21 years of age or older. Provides that the Program shall be at least 6 (rather than 18) months and not to exceed 18 (rather than 24) months. Makes other changes to the Program. Amends the Illinois Domestic Violence Act of 1986. Provides that actions for an order of protection may be commenced in conjunction with an emergency or plenary proceeding under the Firearms Restraining Order Act provided that a petitioner and the respondent are a party to or the subject of that proceeding. Allows the court to prohibit a respondent against whom an order of protection was issued from possessing any firearms during the duration of the order if the order (1) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate, except in circumstances where an order is entered in conjunction with an affidavit or the verified petition for an emergency order of protection demonstrating exigent circumstances thereby justifying an entry of an emergency order without prior notice and (2) restrains such person from abusing the petitioner (rather than harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child). Prohibits the respondent of an order of protection prohibiting firearm possession to surrender any firearms from acquiring or possessing any firearms for the duration of the order of protection. Requires the court to immediately upon the entry of the order of protection prohibiting firearm possession issue a seizure order of any firearm in the possession of the respondent. Provides that the respondent shall be ordered to immediately surrender any firearms to the appropriate law enforcement agency and prohibited from transferring firearms to another individual in lieu of surrender to law enforcement. Provides that the relevant law enforcement agency shall provide a statement of receipt of any firearm seized or surrendered with a description of any firearm seized or surrendered to the respondent and the court, and that such statement shall be prima facie evidence of compliance with an order to surrender firearms. Allows a court to prohibit a respondent against whom an order of protection was issued from possessing any firearms during the duration of the order if certain prerequisites are satisfied. Makes conforming changes in the Code of Criminal Procedure of 1963. Makes other changes. Effective July 1, 2023. House Floor Amendment No. 2 Deletes reference to: 55 ILCS 5/5-1117 Deletes the amendatory changes to the Counties Code. State Debt Impact Note, House Floor Amendment No. 1 (Government Forecasting & Accountability) HB 0676, as amended by House Amendment1 would not change the amount of authorization for any type of State-issued bond, and, therefore, would not affect the level of State indebtedness. State Debt Impact Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) HB 0676, as amended by House Amendment 2 would not change the amount of authorization for any type of State-issued bond, and, therefore, would not affect the level of State indebtedness. Pension Note, House Floor Amendment No. 1 (Government Forecasting & Accountability) HB 0676, as amended by HA 1, will have no fiscal impact upon any public pension fund or retirement system in the State of Illinois. Pension Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) HB 0676, as amended by HA 2, will have no fiscal impact upon any public pension fund or retirement system in the State of Illinois. Housing Affordability Impact Note, House Floor 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. House Floor Amendment No. 3 Provides in the amendatory changes to the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986, that if a firearms seizure order is not served within 48 hours because the respondent cannot be located, law enforcement shall file the statement of receipt explaining the efforts and attempts made to serve the order on the respondent. Further provides that if the respondent fails to surrender the respondent's weapons in accordance with the order to surrender, the law enforcement agency shall file a statement of receipt explaining how and when the order was served and that the respondent did not comply within the required time. In the amendatory changes to the Firearm Owners Identification Card Act, deletes references to prepackaged explosive components in relation to certain record-keeping requirements for the transferor and transferee of such components. Balanced Budget Note, House Floor Amendment No. 1 (Housing Development Authority) Please be advised that the Balanced Budget Note Act does not apply to House Bill 0676, as amended by House Amendment1 as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepm·ed 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) Please be advised that the Balanced Budget Note Act does not apply to House Bill 0676, as amended by House Amendment2 as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepm·ed only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Judicial Note, House Floor Amendment No. 1 (Dept. of Human Services) HB676, as amended by House Amendments 1, the 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) HB676, as amended by House Amendments 2, the legislation would neither increase nor decrease the number of judges needed in the State of Illinois.