Illinois 2023-2024 Regular Session

Illinois House Bill HB3355 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3355 Introduced , by Rep. David Friess - Patrick Windhorst SYNOPSIS AS INTRODUCED: 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/8.1 from Ch. 38, par. 83-8.1 430 ILCS 65/8.2430 ILCS 65/8.3 430 ILCS 65/10 from Ch. 38, par. 83-10 Amends the Firearm Owners Identification Card Act. Provides that notwithstanding any other provision of the Act to the contrary, on or after the effective date of the amendatory Act, the Illinois State Police may not revoke a Firearm Owner's Identification Card. Provides that on or after the effective date of the amendatory Act, a Firearm Owner's Identification Card may only be revoked after a Firearm Owner's Identification Card hearing has been held in the circuit court of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked. Provides that if the State's Attorney of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked has probable cause to believe that the person who has been issued a Firearm Owner's Identification Card is no longer eligible for the Card under the Act, the State's Attorney shall file a petition in the circuit court of the county of residence of the person whose Card is sought to be revoked. Provides that at the hearing, the person may present evidence in his or her favor seeking retention of his or her Firearm Owner's Identification Card and the Illinois State Police and State's Attorney may present evidence for revocation. Provides that the hearing shall be a civil proceeding and subject to due process, the Code of Civil Procedure, and the Illinois Rules of Evidence as adopted by the Supreme Court. Provides that the hearing shall be held within 45 days after the filing of the petition. Provides that if the circuit court determines, by clear and convincing evidence, that the person is ineligible for retention of his or her Firearm Owner's Identification Card under the Act, the court shall order the Illinois State Police to immediately revoke the Card and the circuit clerk shall seize the Card and transmit the Card to the Illinois State Police. Establishes procedures for the Illinois State Police to suspend a Firearm Owner's Identification Card Act. LRB103 25592 RLC 51941 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3355 Introduced , by Rep. David Friess - Patrick Windhorst SYNOPSIS AS INTRODUCED: 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/8.1 from Ch. 38, par. 83-8.1 430 ILCS 65/8.2430 ILCS 65/8.3 430 ILCS 65/10 from Ch. 38, par. 83-10 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/8.1 from Ch. 38, par. 83-8.1 430 ILCS 65/8.2 430 ILCS 65/8.3 430 ILCS 65/10 from Ch. 38, par. 83-10 Amends the Firearm Owners Identification Card Act. Provides that notwithstanding any other provision of the Act to the contrary, on or after the effective date of the amendatory Act, the Illinois State Police may not revoke a Firearm Owner's Identification Card. Provides that on or after the effective date of the amendatory Act, a Firearm Owner's Identification Card may only be revoked after a Firearm Owner's Identification Card hearing has been held in the circuit court of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked. Provides that if the State's Attorney of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked has probable cause to believe that the person who has been issued a Firearm Owner's Identification Card is no longer eligible for the Card under the Act, the State's Attorney shall file a petition in the circuit court of the county of residence of the person whose Card is sought to be revoked. Provides that at the hearing, the person may present evidence in his or her favor seeking retention of his or her Firearm Owner's Identification Card and the Illinois State Police and State's Attorney may present evidence for revocation. Provides that the hearing shall be a civil proceeding and subject to due process, the Code of Civil Procedure, and the Illinois Rules of Evidence as adopted by the Supreme Court. Provides that the hearing shall be held within 45 days after the filing of the petition. Provides that if the circuit court determines, by clear and convincing evidence, that the person is ineligible for retention of his or her Firearm Owner's Identification Card under the Act, the court shall order the Illinois State Police to immediately revoke the Card and the circuit clerk shall seize the Card and transmit the Card to the Illinois State Police. Establishes procedures for the Illinois State Police to suspend a Firearm Owner's Identification Card Act. LRB103 25592 RLC 51941 b LRB103 25592 RLC 51941 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3355 Introduced , by Rep. David Friess - Patrick Windhorst SYNOPSIS AS INTRODUCED:
33 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/8.1 from Ch. 38, par. 83-8.1 430 ILCS 65/8.2430 ILCS 65/8.3 430 ILCS 65/10 from Ch. 38, par. 83-10 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/8.1 from Ch. 38, par. 83-8.1 430 ILCS 65/8.2 430 ILCS 65/8.3 430 ILCS 65/10 from Ch. 38, par. 83-10
44 430 ILCS 65/8 from Ch. 38, par. 83-8
55 430 ILCS 65/8.1 from Ch. 38, par. 83-8.1
66 430 ILCS 65/8.2
77 430 ILCS 65/8.3
88 430 ILCS 65/10 from Ch. 38, par. 83-10
99 Amends the Firearm Owners Identification Card Act. Provides that notwithstanding any other provision of the Act to the contrary, on or after the effective date of the amendatory Act, the Illinois State Police may not revoke a Firearm Owner's Identification Card. Provides that on or after the effective date of the amendatory Act, a Firearm Owner's Identification Card may only be revoked after a Firearm Owner's Identification Card hearing has been held in the circuit court of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked. Provides that if the State's Attorney of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked has probable cause to believe that the person who has been issued a Firearm Owner's Identification Card is no longer eligible for the Card under the Act, the State's Attorney shall file a petition in the circuit court of the county of residence of the person whose Card is sought to be revoked. Provides that at the hearing, the person may present evidence in his or her favor seeking retention of his or her Firearm Owner's Identification Card and the Illinois State Police and State's Attorney may present evidence for revocation. Provides that the hearing shall be a civil proceeding and subject to due process, the Code of Civil Procedure, and the Illinois Rules of Evidence as adopted by the Supreme Court. Provides that the hearing shall be held within 45 days after the filing of the petition. Provides that if the circuit court determines, by clear and convincing evidence, that the person is ineligible for retention of his or her Firearm Owner's Identification Card under the Act, the court shall order the Illinois State Police to immediately revoke the Card and the circuit clerk shall seize the Card and transmit the Card to the Illinois State Police. Establishes procedures for the Illinois State Police to suspend a Firearm Owner's Identification Card Act.
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1515 1 AN ACT concerning safety.
1616 2 Be it enacted by the People of the State of Illinois,
1717 3 represented in the General Assembly:
1818 4 Section 5. The Firearm Owners Identification Card Act is
1919 5 amended by changing Sections 8, 8.1, 8.2, 8.3, and 10 as
2020 6 follows:
2121 7 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
2222 8 Sec. 8. Grounds for denial and revocation. The Illinois
2323 9 State Police has authority to deny an application for or to
2424 10 revoke and seize a Firearm Owner's Identification Card
2525 11 previously issued under this Act and the circuit court of the
2626 12 county of the person's residence has the authority to revoke
2727 13 and order the seizure of the person's Firearm Owner's
2828 14 Identification Card under subsection (g) of Section 10 only if
2929 15 the Illinois State Police or circuit court finds that the
3030 16 applicant or the person to whom such card was issued is or was
3131 17 at the time of issuance:
3232 18 (a) A person under 21 years of age who has been
3333 19 convicted of a misdemeanor other than a traffic offense or
3434 20 adjudged delinquent;
3535 21 (b) This subsection (b) applies through the 180th day
3636 22 following July 12, 2019 (the effective date of Public Act
3737 23 101-80). A person under 21 years of age who does not have
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4141 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3355 Introduced , by Rep. David Friess - Patrick Windhorst SYNOPSIS AS INTRODUCED:
4242 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/8.1 from Ch. 38, par. 83-8.1 430 ILCS 65/8.2430 ILCS 65/8.3 430 ILCS 65/10 from Ch. 38, par. 83-10 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/8.1 from Ch. 38, par. 83-8.1 430 ILCS 65/8.2 430 ILCS 65/8.3 430 ILCS 65/10 from Ch. 38, par. 83-10
4343 430 ILCS 65/8 from Ch. 38, par. 83-8
4444 430 ILCS 65/8.1 from Ch. 38, par. 83-8.1
4545 430 ILCS 65/8.2
4646 430 ILCS 65/8.3
4747 430 ILCS 65/10 from Ch. 38, par. 83-10
4848 Amends the Firearm Owners Identification Card Act. Provides that notwithstanding any other provision of the Act to the contrary, on or after the effective date of the amendatory Act, the Illinois State Police may not revoke a Firearm Owner's Identification Card. Provides that on or after the effective date of the amendatory Act, a Firearm Owner's Identification Card may only be revoked after a Firearm Owner's Identification Card hearing has been held in the circuit court of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked. Provides that if the State's Attorney of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked has probable cause to believe that the person who has been issued a Firearm Owner's Identification Card is no longer eligible for the Card under the Act, the State's Attorney shall file a petition in the circuit court of the county of residence of the person whose Card is sought to be revoked. Provides that at the hearing, the person may present evidence in his or her favor seeking retention of his or her Firearm Owner's Identification Card and the Illinois State Police and State's Attorney may present evidence for revocation. Provides that the hearing shall be a civil proceeding and subject to due process, the Code of Civil Procedure, and the Illinois Rules of Evidence as adopted by the Supreme Court. Provides that the hearing shall be held within 45 days after the filing of the petition. Provides that if the circuit court determines, by clear and convincing evidence, that the person is ineligible for retention of his or her Firearm Owner's Identification Card under the Act, the court shall order the Illinois State Police to immediately revoke the Card and the circuit clerk shall seize the Card and transmit the Card to the Illinois State Police. Establishes procedures for the Illinois State Police to suspend a Firearm Owner's Identification Card Act.
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5858 430 ILCS 65/8.1 from Ch. 38, par. 83-8.1
5959 430 ILCS 65/8.2
6060 430 ILCS 65/8.3
6161 430 ILCS 65/10 from Ch. 38, par. 83-10
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8080 1 the written consent of his parent or guardian to acquire
8181 2 and possess firearms and firearm ammunition, or whose
8282 3 parent or guardian has revoked such written consent, or
8383 4 where such parent or guardian does not qualify to have a
8484 5 Firearm Owner's Identification Card;
8585 6 (b-5) This subsection (b-5) applies on and after the
8686 7 181st day following July 12, 2019 (the effective date of
8787 8 Public Act 101-80). A person under 21 years of age who is
8888 9 not an active duty member of the United States Armed
8989 10 Forces or the Illinois National Guard and does not have
9090 11 the written consent of his or her parent or guardian to
9191 12 acquire and possess firearms and firearm ammunition, or
9292 13 whose parent or guardian has revoked such written consent,
9393 14 or where such parent or guardian does not qualify to have a
9494 15 Firearm Owner's Identification Card;
9595 16 (c) A person convicted of a felony under the laws of
9696 17 this or any other jurisdiction;
9797 18 (d) A person addicted to narcotics;
9898 19 (e) A person who has been a patient of a mental health
9999 20 facility within the past 5 years or a person who has been a
100100 21 patient in a mental health facility more than 5 years ago
101101 22 who has not received the certification required under
102102 23 subsection (u) of this Section. An active law enforcement
103103 24 officer employed by a unit of government or a Department
104104 25 of Corrections employee authorized to possess firearms who
105105 26 is denied, revoked, or has his or her Firearm Owner's
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116116 1 Identification Card seized under this subsection (e) may
117117 2 obtain relief as described in subsection (c-5) of Section
118118 3 10 of this Act if the officer or employee did not act in a
119119 4 manner threatening to the officer or employee, another
120120 5 person, or the public as determined by the treating
121121 6 clinical psychologist or physician, and the officer or
122122 7 employee seeks mental health treatment;
123123 8 (f) A person whose mental condition is of such a
124124 9 nature that it poses a clear and present danger to the
125125 10 applicant, any other person or persons, or the community;
126126 11 (g) A person who has an intellectual disability;
127127 12 (h) A person who intentionally makes a false statement
128128 13 in the Firearm Owner's Identification Card application or
129129 14 endorsement affidavit;
130130 15 (i) A noncitizen who is unlawfully present in the
131131 16 United States under the laws of the United States;
132132 17 (i-5) A noncitizen who has been admitted to the United
133133 18 States under a non-immigrant visa (as that term is defined
134134 19 in Section 101(a)(26) of the Immigration and Nationality
135135 20 Act (8 U.S.C. 1101(a)(26))), except that this subsection
136136 21 (i-5) does not apply to any noncitizen who has been
137137 22 lawfully admitted to the United States under a
138138 23 non-immigrant visa if that noncitizen is:
139139 24 (1) admitted to the United States for lawful
140140 25 hunting or sporting purposes;
141141 26 (2) an official representative of a foreign
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152152 1 government who is:
153153 2 (A) accredited to the United States Government
154154 3 or the Government's mission to an international
155155 4 organization having its headquarters in the United
156156 5 States; or
157157 6 (B) en route to or from another country to
158158 7 which that noncitizen is accredited;
159159 8 (3) an official of a foreign government or
160160 9 distinguished foreign visitor who has been so
161161 10 designated by the Department of State;
162162 11 (4) a foreign law enforcement officer of a
163163 12 friendly foreign government entering the United States
164164 13 on official business; or
165165 14 (5) one who has received a waiver from the
166166 15 Attorney General of the United States pursuant to 18
167167 16 U.S.C. 922(y)(3);
168168 17 (j) (Blank);
169169 18 (k) A person who has been convicted within the past 5
170170 19 years of battery, assault, aggravated assault, violation
171171 20 of an order of protection, or a substantially similar
172172 21 offense in another jurisdiction, in which a firearm was
173173 22 used or possessed;
174174 23 (l) A person who has been convicted of domestic
175175 24 battery, aggravated domestic battery, or a substantially
176176 25 similar offense in another jurisdiction committed before,
177177 26 on or after January 1, 2012 (the effective date of Public
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188188 1 Act 97-158). If the applicant or person who has been
189189 2 previously issued a Firearm Owner's Identification Card
190190 3 under this Act knowingly and intelligently waives the
191191 4 right to have an offense described in this paragraph (l)
192192 5 tried by a jury, and by guilty plea or otherwise, results
193193 6 in a conviction for an offense in which a domestic
194194 7 relationship is not a required element of the offense but
195195 8 in which a determination of the applicability of 18 U.S.C.
196196 9 922(g)(9) is made under Section 112A-11.1 of the Code of
197197 10 Criminal Procedure of 1963, an entry by the court of a
198198 11 judgment of conviction for that offense shall be grounds
199199 12 for denying an application for and for revoking and
200200 13 seizing a Firearm Owner's Identification Card previously
201201 14 issued to the person under this Act;
202202 15 (m) (Blank);
203203 16 (n) A person who is prohibited from acquiring or
204204 17 possessing firearms or firearm ammunition by any Illinois
205205 18 State statute or by federal law;
206206 19 (o) A minor subject to a petition filed under Section
207207 20 5-520 of the Juvenile Court Act of 1987 alleging that the
208208 21 minor is a delinquent minor for the commission of an
209209 22 offense that if committed by an adult would be a felony;
210210 23 (p) An adult who had been adjudicated a delinquent
211211 24 minor under the Juvenile Court Act of 1987 for the
212212 25 commission of an offense that if committed by an adult
213213 26 would be a felony;
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224224 1 (q) A person who is not a resident of the State of
225225 2 Illinois, except as provided in subsection (a-10) of
226226 3 Section 4;
227227 4 (r) A person who has been adjudicated as a person with
228228 5 a mental disability;
229229 6 (s) A person who has been found to have a
230230 7 developmental disability;
231231 8 (t) A person involuntarily admitted into a mental
232232 9 health facility; or
233233 10 (u) A person who has had his or her Firearm Owner's
234234 11 Identification Card revoked or denied under subsection (e)
235235 12 of this Section or item (iv) of paragraph (2) of
236236 13 subsection (a) of Section 4 of this Act because he or she
237237 14 was a patient in a mental health facility as provided in
238238 15 subsection (e) of this Section, shall not be permitted to
239239 16 obtain a Firearm Owner's Identification Card, after the
240240 17 5-year period has lapsed, unless he or she has received a
241241 18 mental health evaluation by a physician, clinical
242242 19 psychologist, or qualified examiner as those terms are
243243 20 defined in the Mental Health and Developmental
244244 21 Disabilities Code, and has received a certification that
245245 22 he or she is not a clear and present danger to himself,
246246 23 herself, or others. The physician, clinical psychologist,
247247 24 or qualified examiner making the certification and his or
248248 25 her employer shall not be held criminally, civilly, or
249249 26 professionally liable for making or not making the
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260260 1 certification required under this subsection, except for
261261 2 willful or wanton misconduct. This subsection does not
262262 3 apply to a person whose firearm possession rights have
263263 4 been restored through administrative or judicial action
264264 5 under Section 10 or 11 of this Act.
265265 6 Upon revocation of a person's Firearm Owner's
266266 7 Identification Card, the Illinois State Police shall provide
267267 8 notice to the person and the person shall comply with Section
268268 9 9.5 of this Act.
269269 10 (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
270270 11 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
271271 12 5-27-22; 102-1116, eff. 1-10-23.)
272272 13 (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
273273 14 Sec. 8.1. Notifications to the Illinois State Police and
274274 15 State's Attorney.
275275 16 (a) The Circuit Clerk shall, in the form and manner
276276 17 required by the Supreme Court, notify the Illinois State
277277 18 Police and the State's Attorney of the county of residence of
278278 19 the person for which the disposition is applicable of all
279279 20 final dispositions of cases for which the Illinois State
280280 21 Police Department has received information reported to it
281281 22 under Sections 2.1 and 2.2 of the Criminal Identification Act.
282282 23 (b) Upon adjudication of any individual as a person with a
283283 24 mental disability as defined in Section 1.1 of this Act or a
284284 25 finding that a person has been involuntarily admitted, the
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295295 1 court shall direct the circuit court clerk to immediately
296296 2 notify the Illinois State Police, Firearm Owner's
297297 3 Identification (FOID) department and the State's Attorney of
298298 4 the county of residence of the person adjudicated with the
299299 5 mental disability or involuntarily admitted, and shall forward
300300 6 a copy of the court order to the Illinois State Police
301301 7 Department.
302302 8 (b-1) Beginning July 1, 2016, and each July 1 and December
303303 9 30 of every year thereafter, the circuit court clerk shall, in
304304 10 the form and manner prescribed by the Illinois State Police,
305305 11 notify the Illinois State Police, Firearm Owner's
306306 12 Identification (FOID) department if the court has not directed
307307 13 the circuit court clerk to notify the Illinois State Police,
308308 14 Firearm Owner's Identification (FOID) department under
309309 15 subsection (b) of this Section, within the preceding 6 months,
310310 16 because no person has been adjudicated as a person with a
311311 17 mental disability by the court as defined in Section 1.1 of
312312 18 this Act or if no person has been involuntarily admitted. The
313313 19 Supreme Court may adopt any orders or rules necessary to
314314 20 identify the persons who shall be reported to the Illinois
315315 21 State Police under subsection (b), or any other orders or
316316 22 rules necessary to implement the requirements of this Act.
317317 23 (c) The Department of Human Services shall, in the form
318318 24 and manner prescribed by the Illinois State Police, report all
319319 25 information collected under subsection (b) of Section 12 of
320320 26 the Mental Health and Developmental Disabilities
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331331 1 Confidentiality Act for the purpose of determining whether a
332332 2 person who may be or may have been a patient in a mental health
333333 3 facility is disqualified under State or federal law from
334334 4 receiving or retaining a Firearm Owner's Identification Card,
335335 5 or purchasing a weapon.
336336 6 (d) If a person is determined to pose a clear and present
337337 7 danger to himself, herself, or to others:
338338 8 (1) by a physician, clinical psychologist, or
339339 9 qualified examiner, or is determined to have a
340340 10 developmental disability by a physician, clinical
341341 11 psychologist, or qualified examiner, whether employed by
342342 12 the State or privately, then the physician, clinical
343343 13 psychologist, or qualified examiner shall, within 24 hours
344344 14 of making the determination, notify the Department of
345345 15 Human Services that the person poses a clear and present
346346 16 danger or has a developmental disability; or
347347 17 (2) by a law enforcement official or school
348348 18 administrator, then the law enforcement official or school
349349 19 administrator shall, within 24 hours of making the
350350 20 determination, notify the Illinois State Police and the
351351 21 State's Attorney of the county of residence that the
352352 22 person poses a clear and present danger.
353353 23 The Department of Human Services shall immediately update
354354 24 its records and information relating to mental health and
355355 25 developmental disabilities, and if appropriate, shall notify
356356 26 the Illinois State Police in a form and manner prescribed by
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367367 1 the Illinois State Police and the State's Attorney of the
368368 2 county of residence of the person. The State's Attorney of the
369369 3 county of residence of the person Illinois State Police shall
370370 4 determine whether to seek a hearing before the circuit court
371371 5 of residence of the person to revoke the person's Firearm
372372 6 Owner's Identification Card under Section 8 of this Act. Any
373373 7 information disclosed under this subsection shall remain
374374 8 privileged and confidential, and shall not be redisclosed,
375375 9 except as required under subsection (e) of Section 3.1 of this
376376 10 Act, nor used for any other purpose. The method of providing
377377 11 this information shall guarantee that the information is not
378378 12 released beyond what is necessary for the purpose of this
379379 13 Section and shall be provided by rule by the Department of
380380 14 Human Services. The identity of the person reporting under
381381 15 this Section shall not be disclosed to the subject of the
382382 16 report. The physician, clinical psychologist, qualified
383383 17 examiner, law enforcement official, or school administrator
384384 18 making the determination and his or her employer shall not be
385385 19 held criminally, civilly, or professionally liable for making
386386 20 or not making the notification required under this subsection,
387387 21 except for willful or wanton misconduct.
388388 22 (e) The Supreme Court Illinois State Police shall adopt
389389 23 rules to implement this Section.
390390 24 (Source: P.A. 102-538, eff. 8-20-21.)
391391 25 (430 ILCS 65/8.2)
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402402 1 Sec. 8.2. Firearm Owner's Identification Card denial,
403403 2 suspension, or revocation. The Illinois State Police shall
404404 3 deny an application or shall suspend or revoke and seize a
405405 4 Firearm Owner's Identification Card previously issued under
406406 5 this Act if the Department finds that the applicant or person
407407 6 to whom such card was issued is or was at the time of issuance
408408 7 subject to a protective order issued under the laws of this or
409409 8 any other jurisdiction. When the duration of the protective
410410 9 order is expected to be less than 45 days one year, the
411411 10 Illinois State Police may suspend the Firearm Owner's
412412 11 Identification Card under Section 8.3 of the Act and shall
413413 12 reinstate it upon conclusion of the suspension if no other
414414 13 grounds for denial or revocation are found under Section 8 of
415415 14 the Act.
416416 15 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21.)
417417 16 (430 ILCS 65/8.3)
418418 17 Sec. 8.3. Suspension of Firearm Owner's Identification
419419 18 Card. The Illinois State Police may suspend the Firearm
420420 19 Owner's Identification Card of a person whose Firearm Owner's
421421 20 Identification Card is subject to revocation and seizure under
422422 21 this Act for a period of not less than 30 days and not more
423423 22 than 45 days. The Illinois State Police shall schedule a
424424 23 revocation hearing with the clerk of the circuit court and the
425425 24 State's Attorney of the county of the person's residence not
426426 25 less than 30 days and not more than 45 days after the
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437437 1 suspension of the person's Firearm Owner's Identification
438438 2 Card. If the hearing is not scheduled within that 45-day
439439 3 period, the Illinois State Police shall reinstate the person's
440440 4 Firearm Owner's Identification Card and may not seek
441441 5 revocation of that person's Firearm Owner's Identification
442442 6 Card. The hearing shall be conducted in the manner provided in
443443 7 subsection (g) of Section 10 the duration of the
444444 8 disqualification if the disqualification is not a permanent
445445 9 ground grounds for revocation of a Firearm Owner's
446446 10 Identification Card under this Act. The Illinois State Police
447447 11 may adopt rules necessary to implement this Section.
448448 12 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
449449 13 102-813, eff. 5-13-22; revised 8-24-22.)
450450 14 (430 ILCS 65/10) (from Ch. 38, par. 83-10)
451451 15 Sec. 10. Appeals; hearing; relief from firearm
452452 16 prohibitions.
453453 17 (a) Whenever an application for a Firearm Owner's
454454 18 Identification Card is denied or whenever such a Card is
455455 19 revoked or seized as provided for in Section 8 of this Act, the
456456 20 aggrieved party may (1) file a record challenge with the
457457 21 Director regarding the record upon which the decision to deny
458458 22 or revoke the Firearm Owner's Identification Card was based
459459 23 under subsection (a-5); or (2) appeal to the Director of the
460460 24 Illinois State Police through December 31, 2022, or beginning
461461 25 January 1, 2023, the Firearm Owner's Identification Card
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472472 1 Review Board for a hearing seeking relief from such denial or
473473 2 revocation unless the denial or revocation was based upon a
474474 3 forcible felony, stalking, aggravated stalking, domestic
475475 4 battery, any violation of the Illinois Controlled Substances
476476 5 Act, the Methamphetamine Control and Community Protection Act,
477477 6 or the Cannabis Control Act that is classified as a Class 2 or
478478 7 greater felony, any felony violation of Article 24 of the
479479 8 Criminal Code of 1961 or the Criminal Code of 2012, or any
480480 9 adjudication as a delinquent minor for the commission of an
481481 10 offense that if committed by an adult would be a felony, in
482482 11 which case the aggrieved party may petition the circuit court
483483 12 in writing in the county of his or her residence for a hearing
484484 13 seeking relief from such denial or revocation.
485485 14 (a-5) There is created a Firearm Owner's Identification
486486 15 Card Review Board to consider any appeal under subsection (a)
487487 16 beginning January 1, 2023, other than an appeal directed to
488488 17 the circuit court and except when the applicant is challenging
489489 18 the record upon which the decision to deny or revoke was based
490490 19 as provided in subsection (a-10).
491491 20 (0.05) In furtherance of the policy of this Act that
492492 21 the Board shall exercise its powers and duties in an
493493 22 independent manner, subject to the provisions of this Act
494494 23 but free from the direction, control, or influence of any
495495 24 other agency or department of State government. All
496496 25 expenses and liabilities incurred by the Board in the
497497 26 performance of its responsibilities hereunder shall be
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508508 1 paid from funds which shall be appropriated to the Board
509509 2 by the General Assembly for the ordinary and contingent
510510 3 expenses of the Board.
511511 4 (1) The Board shall consist of 7 members appointed by
512512 5 the Governor, with the advice and consent of the Senate,
513513 6 with 3 members residing within the First Judicial District
514514 7 and one member residing within each of the 4 remaining
515515 8 Judicial Districts. No more than 4 members shall be
516516 9 members of the same political party. The Governor shall
517517 10 designate one member as the chairperson. The Board shall
518518 11 consist of:
519519 12 (A) one member with at least 5 years of service as
520520 13 a federal or State judge;
521521 14 (B) one member with at least 5 years of experience
522522 15 serving as an attorney with the United States
523523 16 Department of Justice, or as a State's Attorney or
524524 17 Assistant State's Attorney;
525525 18 (C) one member with at least 5 years of experience
526526 19 serving as a State or federal public defender or
527527 20 assistant public defender;
528528 21 (D) three members with at least 5 years of
529529 22 experience as a federal, State, or local law
530530 23 enforcement agent or as an employee with investigative
531531 24 experience or duties related to criminal justice under
532532 25 the United States Department of Justice, Drug
533533 26 Enforcement Administration, Department of Homeland
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544544 1 Security, Federal Bureau of Investigation, or a State
545545 2 or local law enforcement agency; and
546546 3 (E) one member with at least 5 years of experience
547547 4 as a licensed physician or clinical psychologist with
548548 5 expertise in the diagnosis and treatment of mental
549549 6 illness.
550550 7 (2) The terms of the members initially appointed after
551551 8 January 1, 2022 (the effective date of Public Act 102-237)
552552 9 shall be as follows: one of the initial members shall be
553553 10 appointed for a term of one year, 3 shall be appointed for
554554 11 terms of 2 years, and 3 shall be appointed for terms of 4
555555 12 years. Thereafter, members shall hold office for 4 years,
556556 13 with terms expiring on the second Monday in January
557557 14 immediately following the expiration of their terms and
558558 15 every 4 years thereafter. Members may be reappointed.
559559 16 Vacancies in the office of member shall be filled in the
560560 17 same manner as the original appointment, for the remainder
561561 18 of the unexpired term. The Governor may remove a member
562562 19 for incompetence, neglect of duty, malfeasance, or
563563 20 inability to serve. Members shall receive compensation in
564564 21 an amount equal to the compensation of members of the
565565 22 Executive Ethics Commission and, beginning July 1, 2023,
566566 23 shall be compensated from appropriations provided to the
567567 24 Comptroller for this purpose. Members may be reimbursed,
568568 25 from funds appropriated for such a purpose, for reasonable
569569 26 expenses actually incurred in the performance of their
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580580 1 Board duties. The Illinois State Police shall designate an
581581 2 employee to serve as Executive Director of the Board and
582582 3 provide logistical and administrative assistance to the
583583 4 Board.
584584 5 (3) The Board shall meet at least quarterly each year
585585 6 and at the call of the chairperson as often as necessary to
586586 7 consider appeals of decisions made with respect to
587587 8 applications for a Firearm Owner's Identification Card
588588 9 under this Act. If necessary to ensure the participation
589589 10 of a member, the Board shall allow a member to participate
590590 11 in a Board meeting by electronic communication. Any member
591591 12 participating electronically shall be deemed present for
592592 13 purposes of establishing a quorum and voting.
593593 14 (4) The Board shall adopt rules for the review of
594594 15 appeals and the conduct of hearings. The Board shall
595595 16 maintain a record of its decisions and all materials
596596 17 considered in making its decisions. All Board decisions
597597 18 and voting records shall be kept confidential and all
598598 19 materials considered by the Board shall be exempt from
599599 20 inspection except upon order of a court.
600600 21 (5) In considering an appeal, the Board shall review
601601 22 the materials received concerning the denial or revocation
602602 23 by the Illinois State Police. By a vote of at least 4
603603 24 members, the Board may request additional information from
604604 25 the Illinois State Police or the applicant or the
605605 26 testimony of the Illinois State Police or the applicant.
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616616 1 The Board may require that the applicant submit electronic
617617 2 fingerprints to the Illinois State Police for an updated
618618 3 background check if the Board determines it lacks
619619 4 sufficient information to determine eligibility. The Board
620620 5 may consider information submitted by the Illinois State
621621 6 Police, a law enforcement agency, or the applicant. The
622622 7 Board shall review each denial or revocation and determine
623623 8 by a majority of members whether an applicant should be
624624 9 granted relief under subsection (c).
625625 10 (6) The Board shall by order issue summary decisions.
626626 11 The Board shall issue a decision within 45 days of
627627 12 receiving all completed appeal documents from the Illinois
628628 13 State Police and the applicant. However, the Board need
629629 14 not issue a decision within 45 days if:
630630 15 (A) the Board requests information from the
631631 16 applicant, including, but not limited to, electronic
632632 17 fingerprints to be submitted to the Illinois State
633633 18 Police, in accordance with paragraph (5) of this
634634 19 subsection, in which case the Board shall make a
635635 20 decision within 30 days of receipt of the required
636636 21 information from the applicant;
637637 22 (B) the applicant agrees, in writing, to allow the
638638 23 Board additional time to consider an appeal; or
639639 24 (C) the Board notifies the applicant and the
640640 25 Illinois State Police that the Board needs an
641641 26 additional 30 days to issue a decision. The Board may
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652652 1 only issue 2 extensions under this subparagraph (C).
653653 2 The Board's notification to the applicant and the
654654 3 Illinois State Police shall include an explanation for
655655 4 the extension.
656656 5 (7) If the Board determines that the applicant is
657657 6 eligible for relief under subsection (c), the Board shall
658658 7 notify the applicant and the Illinois State Police that
659659 8 relief has been granted and the Illinois State Police
660660 9 shall issue the Card.
661661 10 (8) Meetings of the Board shall not be subject to the
662662 11 Open Meetings Act and records of the Board shall not be
663663 12 subject to the Freedom of Information Act.
664664 13 (9) The Board shall report monthly to the Governor and
665665 14 the General Assembly on the number of appeals received and
666666 15 provide details of the circumstances in which the Board
667667 16 has determined to deny Firearm Owner's Identification
668668 17 Cards under this subsection (a-5). The report shall not
669669 18 contain any identifying information about the applicants.
670670 19 (a-10) Whenever an applicant or cardholder is not seeking
671671 20 relief from a firearms prohibition under subsection (c) but
672672 21 rather does not believe the applicant is appropriately denied
673673 22 or revoked and is challenging the record upon which the
674674 23 decision to deny or revoke the Firearm Owner's Identification
675675 24 Card was based, or whenever the Illinois State Police fails to
676676 25 act on an application within 30 days of its receipt, the
677677 26 applicant shall file such challenge with the Director. The
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688688 1 Director shall render a decision within 60 business days of
689689 2 receipt of all information supporting the challenge. The
690690 3 Illinois State Police shall adopt rules for the review of a
691691 4 record challenge.
692692 5 (b) At least 30 days before any hearing in the circuit
693693 6 court, the petitioner shall serve the relevant State's
694694 7 Attorney with a copy of the petition. The State's Attorney may
695695 8 object to the petition and present evidence. At the hearing,
696696 9 the court shall determine whether substantial justice has been
697697 10 done. Should the court determine that substantial justice has
698698 11 not been done, the court shall issue an order directing the
699699 12 Illinois State Police to issue a Card. However, the court
700700 13 shall not issue the order if the petitioner is otherwise
701701 14 prohibited from obtaining, possessing, or using a firearm
702702 15 under federal law.
703703 16 (c) Any person prohibited from possessing a firearm under
704704 17 Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
705705 18 acquiring a Firearm Owner's Identification Card under Section
706706 19 8 of this Act may apply to the Firearm Owner's Identification
707707 20 Card Review Board or petition the circuit court in the county
708708 21 where the petitioner resides, whichever is applicable in
709709 22 accordance with subsection (a) of this Section, requesting
710710 23 relief from such prohibition and the Board or court may grant
711711 24 such relief if it is established by the applicant to the
712712 25 court's or the Board's satisfaction that:
713713 26 (0.05) when in the circuit court, the State's Attorney
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724724 1 has been served with a written copy of the petition at
725725 2 least 30 days before any such hearing in the circuit court
726726 3 and at the hearing the State's Attorney was afforded an
727727 4 opportunity to present evidence and object to the
728728 5 petition;
729729 6 (1) the applicant has not been convicted of a forcible
730730 7 felony under the laws of this State or any other
731731 8 jurisdiction within 20 years of the applicant's
732732 9 application for a Firearm Owner's Identification Card, or
733733 10 at least 20 years have passed since the end of any period
734734 11 of imprisonment imposed in relation to that conviction;
735735 12 (2) the circumstances regarding a criminal conviction,
736736 13 where applicable, the applicant's criminal history and his
737737 14 reputation are such that the applicant will not be likely
738738 15 to act in a manner dangerous to public safety;
739739 16 (3) granting relief would not be contrary to the
740740 17 public interest; and
741741 18 (4) granting relief would not be contrary to federal
742742 19 law.
743743 20 (c-5) (1) An active law enforcement officer employed by a
744744 21 unit of government or a Department of Corrections employee
745745 22 authorized to possess firearms who is denied a , revoked, or
746746 23 has his or her Firearm Owner's Identification Card seized
747747 24 under subsection (e) of Section 8 of this Act may apply to the
748748 25 Firearm Owner's Identification Card Review Board requesting
749749 26 relief if the officer or employee did not act in a manner
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760760 1 threatening to the officer or employee, another person, or the
761761 2 public as determined by the treating clinical psychologist or
762762 3 physician, and as a result of his or her work is referred by
763763 4 the employer for or voluntarily seeks mental health evaluation
764764 5 or treatment by a licensed clinical psychologist,
765765 6 psychiatrist, or qualified examiner, and:
766766 7 (A) the officer or employee has not received treatment
767767 8 involuntarily at a mental health facility, regardless of
768768 9 the length of admission; or has not been voluntarily
769769 10 admitted to a mental health facility for more than 30 days
770770 11 and not for more than one incident within the past 5 years;
771771 12 and
772772 13 (B) the officer or employee has not left the mental
773773 14 institution against medical advice.
774774 15 (2) The Firearm Owner's Identification Card Review Board
775775 16 shall grant expedited relief to active law enforcement
776776 17 officers and employees described in paragraph (1) of this
777777 18 subsection (c-5) upon a determination by the Board that the
778778 19 officer's or employee's possession of a firearm does not
779779 20 present a threat to themselves, others, or public safety. The
780780 21 Board shall act on the request for relief within 30 business
781781 22 days of receipt of:
782782 23 (A) a notarized statement from the officer or employee
783783 24 in the form prescribed by the Board detailing the
784784 25 circumstances that led to the hospitalization;
785785 26 (B) all documentation regarding the admission,
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796796 1 evaluation, treatment and discharge from the treating
797797 2 licensed clinical psychologist or psychiatrist of the
798798 3 officer;
799799 4 (C) a psychological fitness for duty evaluation of the
800800 5 person completed after the time of discharge; and
801801 6 (D) written confirmation in the form prescribed by the
802802 7 Board from the treating licensed clinical psychologist or
803803 8 psychiatrist that the provisions set forth in paragraph
804804 9 (1) of this subsection (c-5) have been met, the person
805805 10 successfully completed treatment, and their professional
806806 11 opinion regarding the person's ability to possess
807807 12 firearms.
808808 13 (3) Officers and employees eligible for the expedited
809809 14 relief in paragraph (2) of this subsection (c-5) have the
810810 15 burden of proof on eligibility and must provide all
811811 16 information required. The Board may not consider granting
812812 17 expedited relief until the proof and information is received.
813813 18 (4) "Clinical psychologist", "psychiatrist", and
814814 19 "qualified examiner" shall have the same meaning as provided
815815 20 in Chapter I of the Mental Health and Developmental
816816 21 Disabilities Code.
817817 22 (c-10) (1) An applicant, who is denied a , revoked, or has
818818 23 his or her Firearm Owner's Identification Card seized under
819819 24 subsection (e) of Section 8 of this Act based upon a
820820 25 determination of a developmental disability or an intellectual
821821 26 disability may apply to the Firearm Owner's Identification
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832832 1 Card Review Board requesting relief.
833833 2 (2) The Board shall act on the request for relief within 60
834834 3 business days of receipt of written certification, in the form
835835 4 prescribed by the Board, from a physician or clinical
836836 5 psychologist, or qualified examiner, that the aggrieved
837837 6 party's developmental disability or intellectual disability
838838 7 condition is determined by a physician, clinical psychologist,
839839 8 or qualified to be mild. If a fact-finding conference is
840840 9 scheduled to obtain additional information concerning the
841841 10 circumstances of the denial or revocation, the 60 business
842842 11 days the Director has to act shall be tolled until the
843843 12 completion of the fact-finding conference.
844844 13 (3) The Board may grant relief if the aggrieved party's
845845 14 developmental disability or intellectual disability is mild as
846846 15 determined by a physician, clinical psychologist, or qualified
847847 16 examiner and it is established by the applicant to the Board's
848848 17 satisfaction that:
849849 18 (A) granting relief would not be contrary to the
850850 19 public interest; and
851851 20 (B) granting relief would not be contrary to federal
852852 21 law.
853853 22 (4) The Board may not grant relief if the condition is
854854 23 determined by a physician, clinical psychologist, or qualified
855855 24 examiner to be moderate, severe, or profound.
856856 25 (5) The changes made to this Section by Public Act 99-29
857857 26 apply to requests for relief pending on or before July 10, 2015
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868868 1 (the effective date of Public Act 99-29), except that the
869869 2 60-day period for the Director to act on requests pending
870870 3 before the effective date shall begin on July 10, 2015 (the
871871 4 effective date of Public Act 99-29). All appeals as provided
872872 5 in subsection (a-5) pending on January 1, 2023 shall be
873873 6 considered by the Board.
874874 7 (d) When a minor is adjudicated delinquent for an offense
875875 8 which if committed by an adult would be a felony, the court
876876 9 shall notify the Illinois State Police.
877877 10 (e) The court shall review the denial of an application or
878878 11 the revocation of a Firearm Owner's Identification Card of a
879879 12 person who has been adjudicated delinquent for an offense that
880880 13 if committed by an adult would be a felony if an application
881881 14 for relief has been filed at least 10 years after the
882882 15 adjudication of delinquency and the court determines that the
883883 16 applicant should be granted relief from disability to obtain a
884884 17 Firearm Owner's Identification Card. If the court grants
885885 18 relief, the court shall notify the Illinois State Police that
886886 19 the disability has been removed and that the applicant is
887887 20 eligible to obtain a Firearm Owner's Identification Card.
888888 21 (f) Any person who is subject to the disabilities of 18
889889 22 U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
890890 23 of 1968 because of an adjudication or commitment that occurred
891891 24 under the laws of this State or who was determined to be
892892 25 subject to the provisions of subsections (e), (f), or (g) of
893893 26 Section 8 of this Act may apply to the Illinois State Police
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904904 1 requesting relief from that prohibition. The Board shall grant
905905 2 the relief if it is established by a preponderance of the
906906 3 evidence that the person will not be likely to act in a manner
907907 4 dangerous to public safety and that granting relief would not
908908 5 be contrary to the public interest. In making this
909909 6 determination, the Board shall receive evidence concerning (i)
910910 7 the circumstances regarding the firearms disabilities from
911911 8 which relief is sought; (ii) the petitioner's mental health
912912 9 and criminal history records, if any; (iii) the petitioner's
913913 10 reputation, developed at a minimum through character witness
914914 11 statements, testimony, or other character evidence; and (iv)
915915 12 changes in the petitioner's condition or circumstances since
916916 13 the disqualifying events relevant to the relief sought. If
917917 14 relief is granted under this subsection or by order of a court
918918 15 under this Section, the Director shall as soon as practicable
919919 16 but in no case later than 15 business days, update, correct,
920920 17 modify, or remove the person's record in any database that the
921921 18 Illinois State Police makes available to the National Instant
922922 19 Criminal Background Check System and notify the United States
923923 20 Attorney General that the basis for the record being made
924924 21 available no longer applies. The Illinois State Police shall
925925 22 adopt rules for the administration of this Section.
926926 23 (g) Notwithstanding any other provision of this Act to the
927927 24 contrary, on or after the effective date of this amendatory
928928 25 Act of the 103rd General Assembly, the Illinois State Police
929929 26 may not revoke a Firearm Owner's Identification Card. On or
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940940 1 after the effective date of this amendatory Act of the 103rd
941941 2 General Assembly, a Firearm Owner's Identification Card may
942942 3 only be revoked after a Firearm Owner's Identification Card
943943 4 hearing has been held in the circuit court of the county of
944944 5 residence of the person whose Firearm Owner's Identification
945945 6 Card is sought to be revoked. If the State's Attorney of the
946946 7 county of residence of the person whose Firearm Owner's
947947 8 Identification Card is sought to be revoked has probable cause
948948 9 to believe that the person who has been issued a Firearm
949949 10 Owner's Identification Card is no longer eligible for the Card
950950 11 under Section 8, the State's Attorney shall file a petition in
951951 12 the circuit court of the county of residence of the person
952952 13 whose Card is sought to be revoked. At the hearing, the person
953953 14 may present evidence in his or her favor seeking retention of
954954 15 his or her Firearm Owner's Identification Card and the
955955 16 Illinois State Police and State's Attorney may present
956956 17 evidence for revocation. The hearing shall be a civil
957957 18 proceeding and subject to due process, the Code of Civil
958958 19 Procedure, and the Illinois Rules of Evidence as adopted by
959959 20 the Supreme Court. The hearing shall be held within 45 days
960960 21 after the filing of the petition. If the circuit court
961961 22 determines, by clear and convincing evidence, that the person
962962 23 is ineligible for retention of his or her Firearm Owner's
963963 24 Identification Card under Section 8, the court shall order the
964964 25 Illinois State Police to immediately revoke the Card and the
965965 26 circuit clerk shall seize the Card and transmit the Card to the
966966
967967
968968
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970970
971971 HB3355 - 26 - LRB103 25592 RLC 51941 b
972972
973973
974974 HB3355- 27 -LRB103 25592 RLC 51941 b HB3355 - 27 - LRB103 25592 RLC 51941 b
975975 HB3355 - 27 - LRB103 25592 RLC 51941 b
976976 1 Illinois State Police.
977977 2 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
978978 3 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1115, eff.
979979 4 1-9-23.)
980980
981981
982982
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984984
985985 HB3355 - 27 - LRB103 25592 RLC 51941 b