Bill Text: IL HB5554 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Firearm Owners Identification Card Act. Provides that a person who fails to surrender a revoked Firearm Owner's Identification Card may not be issued a driver's license, renew a driver's license, retain a driver's license, or be issued a permit under the Illinois Vehicle Code. Provides that within 180 days after the date of revocation of an individual's Firearm Owner's Identification Card, the Illinois State Police shall provide the Secretary of State with a notice that the individual has failed to comply with the provisions. Amends the Illinois Vehicle Code. Makes corresponding changes. Allows the Secretary to issue, renew, or allow the retention of a driver's license or issue a permit if: (i) the applicant's Firearm Owner's Identification Card is successfully reinstated; or (ii) the applicant surrenders possession of the Firearm Owner's Identification Card to the State Police or to the local law enforcement agency where the applicant resides.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-09 - Referred to Rules Committee [HB5554 Detail]

Download: Illinois-2023-HB5554-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5554 Introduced , by Rep. Mary Gill SYNOPSIS AS INTRODUCED:
430 ILCS 65/9.5
625 ILCS 5/6-103 from Ch. 95 1/2, par. 6-103
Amends the Firearm Owners Identification Card Act. Provides that a person who fails to surrender a revoked Firearm Owner's Identification Card may not be issued a driver's license, renew a driver's license, retain a driver's license, or be issued a permit under the Illinois Vehicle Code. Provides that within 180 days after the date of revocation of an individual's Firearm Owner's Identification Card, the Illinois State Police shall provide the Secretary of State with a notice that the individual has failed to comply with the provisions. Amends the Illinois Vehicle Code. Makes corresponding changes. Allows the Secretary to issue, renew, or allow the retention of a driver's license or issue a permit if: (i) the applicant's Firearm Owner's Identification Card is successfully reinstated; or (ii) the applicant surrenders possession of the Firearm Owner's Identification Card to the State Police or to the local law enforcement agency where the applicant resides.
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A BILL FOR
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Firearm Owners Identification Card Act is
amended by changing Section 9.5 as follows:
(430 ILCS 65/9.5)
Sec. 9.5. Revocation of Firearm Owner's Identification
Card.
(a) A person who receives a revocation notice under
Section 9 of this Act shall, within 48 hours of receiving
notice of the revocation:
(1) surrender his or her Firearm Owner's
Identification Card to the local law enforcement agency
where the person resides or to the Illinois State Police;
and
(2) complete a Firearm Disposition Record on a form
prescribed by the Illinois State Police and place his or
her firearms in the location or with the person reported
in the Firearm Disposition Record. The form shall require
the person to disclose:
(A) the make, model, and serial number of each
firearm owned by or under the custody and control of
the revoked person;

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(B) the location where each firearm will be
maintained during the prohibited term;
(C) if any firearm will be transferred to the
custody of another person, the name, address and
Firearm Owner's Identification Card number of the
transferee; and
(D) to whom his or her Firearm Owner's
Identification Card was surrendered.
Once completed, the person shall retain a copy and
provide a copy of the Firearm Disposition Record to the
Illinois State Police.
(b) Upon confirming through the portal created under
Section 2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois that the Firearm Owner's
Identification Card has been revoked by the Illinois State
Police, surrendered cards shall be destroyed by the law
enforcement agency receiving the cards. If a card has not been
revoked, the card shall be returned to the cardholder.
(b-5) If a court orders the surrender of a Firearm Owner's
Identification Card and accepts receipt of the Card, the court
shall destroy the Card and direct the person whose Firearm
Owner's Identification Card has been surrendered to comply
with paragraph (2) of subsection (a).
(b-10) If the person whose Firearm Owner's Identification
Card has been revoked has either lost or destroyed the Card,
the person must still comply with paragraph (2) of subsection

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(a).
(b-15) A notation shall be made in the portal created
under Section 2605-304 of the Illinois State Police Law of the
Civil Administrative Code of Illinois that the revoked Firearm
Owner's Identification Card has been destroyed.
(c) If the person whose Firearm Owner's Identification
Card has been revoked fails to comply with the requirements of
this Section, the sheriff or law enforcement agency where the
person resides may petition the circuit court to issue a
warrant to search for and seize the Firearm Owner's
Identification Card and firearms in the possession or under
the custody or control of the person whose Firearm Owner's
Identification Card has been revoked.
(d) A violation of subsection (a) of this Section is a
Class A misdemeanor.
(e) The observation of a Firearm Owner's Identification
Card in the possession of a person whose Firearm Owner's
Identification Card has been revoked constitutes a sufficient
basis for the arrest of that person for violation of this
Section.
(f) Within 30 days after July 9, 2013 (the effective date
of Public Act 98-63), the Illinois State Police shall provide
written notice of the requirements of this Section to persons
whose Firearm Owner's Identification Cards have been revoked,
suspended, or expired and who have failed to surrender their
cards to the Illinois State Police.

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(g) A person whose Firearm Owner's Identification Card has
been revoked and who received notice under subsection (f)
shall comply with the requirements of this Section within 48
hours of receiving notice.
(h) Pursuant to Section 6-103 of the Illinois Vehicle
Code, a person who fails to surrender a revoked Firearm
Owner's Identification Card under this Section may not be
issued a driver's license, renew a driver's license, retain a
driver's license, or be issued a permit under the Illinois
Vehicle Code. Within 180 days after the date of revocation of
an individual's Firearm Owner's Identification Card, the
Illinois State Police shall provide the Secretary of State
with a notice that the individual has failed to comply with
this Section.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22; 103-154, eff. 6-30-23.)
Section 10. The Illinois Vehicle Code is amended by
changing Section 6-103 as follows:
(625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
Sec. 6-103. What persons shall not be licensed as drivers
or granted permits. The Secretary of State shall not issue,
renew, or allow the retention of any driver's license nor
issue any permit under this Code:
1. To any person, as a driver, who is under the age of

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18 years except as provided in Section 6-107, and except
that an instruction permit may be issued under Section
6-107.1 to a child who is not less than 15 years of age if
the child is enrolled in an approved driver education
course as defined in Section 1-103 of this Code and
requires an instruction permit to participate therein,
except that an instruction permit may be issued under the
provisions of Section 6-107.1 to a child who is 17 years
and 3 months of age without the child having enrolled in an
approved driver education course and except that an
instruction permit may be issued to a child who is at least
15 years and 3 months of age, is enrolled in school, meets
the educational requirements of the Driver Education Act,
and has passed examinations the Secretary of State in his
or her discretion may prescribe;
1.5. To any person at least 18 years of age but less
than 21 years of age unless the person has, in addition to
any other requirements of this Code, successfully
completed an adult driver education course as provided in
Section 6-107.5 of this Code;
2. To any person who is under the age of 18 as an
operator of a motorcycle other than a motor driven cycle
unless the person has, in addition to meeting the
provisions of Section 6-107 of this Code, successfully
completed a motorcycle training course approved by the
Illinois Department of Transportation;

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3. To any person, as a driver, whose driver's license
or permit has been suspended, during the suspension, nor
to any person whose driver's license or permit has been
revoked, except as provided in Sections 6-205, 6-206, and
6-208;
4. To any person, as a driver, who is a user of alcohol
or any other drug to a degree that renders the person
incapable of safely driving a motor vehicle;
5. To any person, as a driver, who has previously been
adjudged to be afflicted with or suffering from any mental
or physical disability or disease and who has not at the
time of application been restored to competency by the
methods provided by law;
6. To any person, as a driver, who is required by the
Secretary of State to submit an alcohol and drug
evaluation or take an examination provided for in this
Code unless the person has successfully passed the
examination and submitted any required evaluation;
7. To any person who is required under the provisions
of the laws of this State to deposit security or proof of
financial responsibility and who has not deposited the
security or proof;
8. To any person when the Secretary of State has good
cause to believe that the person by reason of physical or
mental disability would not be able to safely operate a
motor vehicle upon the highways, unless the person shall

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furnish to the Secretary of State a verified written
statement, acceptable to the Secretary of State, from a
competent medical specialist, a licensed physician
assistant, or a licensed advanced practice registered
nurse, to the effect that the operation of a motor vehicle
by the person would not be inimical to the public safety;
9. To any person, as a driver, who is 69 years of age
or older, unless the person has successfully complied with
the provisions of Section 6-109;
10. To any person convicted, within 12 months of
application for a license, of any of the sexual offenses
enumerated in paragraph 2 of subsection (b) of Section
6-205;
11. To any person who is under the age of 21 years with
a classification prohibited in paragraph (b) of Section
6-104 and to any person who is under the age of 18 years
with a classification prohibited in paragraph (c) of
Section 6-104;
12. To any person who has been either convicted of or
adjudicated under the Juvenile Court Act of 1987 based
upon a violation of the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control
and Community Protection Act while that person was in
actual physical control of a motor vehicle. For purposes
of this Section, any person placed on probation under
Section 10 of the Cannabis Control Act, Section 410 of the

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Illinois Controlled Substances Act, or Section 70 of the
Methamphetamine Control and Community Protection Act shall
not be considered convicted. Any person found guilty of
this offense, while in actual physical control of a motor
vehicle, shall have an entry made in the court record by
the judge that this offense did occur while the person was
in actual physical control of a motor vehicle and order
the clerk of the court to report the violation to the
Secretary of State as such. The Secretary of State shall
not issue a new license or permit for a period of one year;
13. To any person who is under the age of 18 years and
who has committed the offense of operating a motor vehicle
without a valid license or permit in violation of Section
6-101 or a similar out-of-state out of state offense;
14. To any person who is 90 days or more delinquent in
court ordered child support payments or has been
adjudicated in arrears in an amount equal to 90 days'
obligation or more and who has been found in contempt of
court for failure to pay the support, subject to the
requirements and procedures of Article VII of Chapter 7 of
the Illinois Vehicle Code;
14.5. To any person certified by the Illinois
Department of Healthcare and Family Services as being 90
days or more delinquent in payment of support under an
order of support entered by a court or administrative body
of this or any other State, subject to the requirements

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and procedures of Article VII of Chapter 7 of this Code
regarding those certifications;
15. To any person released from a term of imprisonment
for violating Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, or a similar provision of a law
of another state relating to reckless homicide or for
violating subparagraph (F) of paragraph (1) of subsection
(d) of Section 11-501 of this Code relating to aggravated
driving under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds, or any
combination thereof, if the violation was the proximate
cause of a death, within 24 months of release from a term
of imprisonment;
16. To any person who, with intent to influence any
act related to the issuance of any driver's license or
permit, by an employee of the Secretary of State's Office,
or the owner or employee of any commercial driver training
school licensed by the Secretary of State, or any other
individual authorized by the laws of this State to give
driving instructions or administer all or part of a
driver's license examination, promises or tenders to that
person any property or personal advantage which that
person is not authorized by law to accept. Any persons
promising or tendering such property or personal advantage
shall be disqualified from holding any class of driver's
license or permit for 120 consecutive days. The Secretary

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of State shall establish by rule the procedures for
implementing this period of disqualification and the
procedures by which persons so disqualified may obtain
administrative review of the decision to disqualify;
17. To any person for whom the Secretary of State
cannot verify the accuracy of any information or
documentation submitted in application for a driver's
license;
18. To any person who has been adjudicated under the
Juvenile Court Act of 1987 based upon an offense that is
determined by the court to have been committed in
furtherance of the criminal activities of an organized
gang, as provided in Section 5-710 of that Act, and that
involved the operation or use of a motor vehicle or the use
of a driver's license or permit. The person shall be
denied a license or permit for the period determined by
the court; or
19. To any person who holds a REAL ID compliant
identification card or REAL ID compliant Person with a
Disability Identification Card issued under the Illinois
Identification Card Act. Any such person may, at his or
her discretion, surrender the REAL ID compliant
identification card or REAL ID compliant Person with a
Disability Identification Card in order to become eligible
to obtain a REAL ID compliant driver's license.
20. To any person who possesses a revoked Firearm

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