Rep. Aaron M. Ortiz
Filed: 3/1/2022
 
 


 




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1
AMENDMENT TO HOUSE BILL 5004




2 AMENDMENT NO. ______. Amend House Bill 5004 as follows:


3on page 1, immediately below line 3, by inserting the 
4following:


5 "Section 1. Legislative intent. It is the intent of the 
6General Assembly in enacting this amendatory Act of the 102nd 
7General Assembly to make only nonsubstantive changes that 
8remove the dehumanizing term "alien" from all Illinois 
9statutory provisions. No change made by this amendatory Act of 
10the 102nd General Assembly shall be interpreted so as to make 
11any substantive change to existing law, including, but not 
12limited to, eligibility for federal programs or benefits that 
13are available to a person who meets the definition of "alien" 
14under State or federal law."; and

15on page 2, line 9, by replacing "noncitizen" with "person"; 
 
 
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1and


2by deleting line 16 on page 6 through line 11 on page 8; and


3on page 9, by replacing lines 1 and 2 with "skills. No 
4participating employee may be a person without employment 
5authorization under federal law an unauthorized"; and


6on page 9, line 3, by deleting "permanent residence)"; and


7on page 13, line 14, by deleting "noncitizen"; and


8on page 41, line 17, by replacing "noncitizen" with 
9"individual who is a national or citizen of a country other 
10than the United States"; and


11on page 41, line 18, by replacing "individual" with 
12"individual"; and


13on page 44, line 17, by replacing "illegal noncitizens" with 
14"undocumented immigrants illegal"; and


15on page 46, line 23, by replacing "noncitizen" with "person"; 
16and


17on page 47, line 15, by replacing "resident noncitizens" with 
 
 
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1"residents resident"; and


2on page 51, line 5, by deleting "noncitizen"; and


3on page 52, line 21, by deleting "noncitizen"; and


4on page 53, line 20, by deleting "noncitizen"; and


5on page 55, line 14, by deleting "noncitizen"; and


6on page 61, line 7, by deleting "noncitizen"; and


7on page 64, line 11, by deleting "noncitizen"; and


8on page 65, line 22, by deleting "noncitizen"; and


9on page 68, line 9, by deleting "noncitizen"; and


10on page 71, line 21, by replacing "a noncitizen" with "an 
11individual"; and


12on page 72, line 18, by replacing "a noncitizen" with "an 
13individual"; and


14on page 78, by replacing lines 13 and 14 with the following:

15  "(5) a citizen or person lawfully present in the 
 
 
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1 United States person who has the status as a legal 
2 alien."; and


3on page 81, line 13, by replacing "noncitizen" with 
4"immigration"; and


5on page 85, line 10, by deleting "noncitizen"; and


6on page 87, by replacing lines 21 and 22 with the following:

7 "Section 90. The Firearm Owners Identification Card Act is 
8amended by changing Sections 1.1, 4, and 8 as follows:



9 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)

10 Sec. 1.1. For purposes of this Act: 

11 "Addicted to narcotics" means a person who has been: 
12  (1) convicted of an offense involving the use or 
13 possession of cannabis, a controlled substance, or 
14 methamphetamine within the past year; or 
15  (2) determined by the Illinois State Police to be 
16 addicted to narcotics based upon federal law or federal 
17 guidelines. 
18 "Addicted to narcotics" does not include possession or use 
19of a prescribed controlled substance under the direction and 
20authority of a physician or other person authorized to 
21prescribe the controlled substance when the controlled 
 
 
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1substance is used in the prescribed manner.
2 "Adjudicated as a person with a mental disability" means 
3the person is the subject of a determination by a court, board, 
4commission or other lawful authority that the person, as a 
5result of marked subnormal intelligence, or mental illness, 
6mental impairment, incompetency, condition, or disease:
7  (1) presents a clear and present danger to himself, 
8 herself, or to others;
9  (2) lacks the mental capacity to manage his or her own 
10 affairs or is adjudicated a person with a disability as 
11 defined in Section 11a-2 of the Probate Act of 1975;
12  (3) is not guilty in a criminal case by reason of 
13 insanity, mental disease or defect;
14  (3.5) is guilty but mentally ill, as provided in 
15 Section 5-2-6 of the Unified Code of Corrections; 
16  (4) is incompetent to stand trial in a criminal case; 
17  (5) is not guilty by reason of lack of mental 
18 responsibility under Articles 50a and 72b of the Uniform 
19 Code of Military Justice, 10 U.S.C. 850a, 876b;

20  (6) is a sexually violent person under subsection (f) 
21 of Section 5 of the Sexually Violent Persons Commitment 
22 Act; 
23  (7) is a sexually dangerous person under the Sexually 
24 Dangerous Persons Act; 
25  (8) is unfit to stand trial under the Juvenile Court 
26 Act of 1987; 
 
 
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1  (9) is not guilty by reason of insanity under the 
2 Juvenile Court Act of 1987; 
3  (10) is subject to involuntary admission as an 
4 inpatient as defined in Section 1-119 of the Mental Health 
5 and Developmental Disabilities Code; 
6  (11) is subject to involuntary admission as an 
7 outpatient as defined in Section 1-119.1 of the Mental 
8 Health and Developmental Disabilities Code; 
9  (12) is subject to judicial admission as set forth in 
10 Section 4-500 of the Mental Health and Developmental 
11 Disabilities Code; or 
12  (13) is subject to the provisions of the Interstate 
13 Agreements on Sexually Dangerous Persons Act. 
14 "Clear and present danger" means a person who:
15  (1) communicates a serious threat of physical violence 
16 against a reasonably identifiable victim or poses a clear 
17 and imminent risk of serious physical injury to himself, 
18 herself, or another person as determined by a physician, 
19 clinical psychologist, or qualified examiner; or
20  (2) demonstrates threatening physical or verbal 
21 behavior, such as violent, suicidal, or assaultive 
22 threats, actions, or other behavior, as determined by a 
23 physician, clinical psychologist, qualified examiner, 
24 school administrator, or law enforcement official.
25 "Clinical psychologist" has the meaning provided in 
26Section 1-103 of the Mental Health and Developmental 
 
 
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1Disabilities Code.
2 "Controlled substance" means a controlled substance or 
3controlled substance analog as defined in the Illinois 
4Controlled Substances Act. 
5 "Counterfeit" means to copy or imitate, without legal 
6authority, with
intent
to deceive.
7 "Federally licensed firearm dealer" means a person who is 
8licensed as a federal firearms dealer under Section 923 of the 
9federal Gun Control Act of 1968 (18 U.S.C. 923).


10 "Firearm" means any device, by
whatever name known, which 
11is designed to expel a projectile or projectiles
by the action 
12of an explosion, expansion of gas or escape of gas; excluding,

13however:

14  (1) any pneumatic gun, spring gun, paint ball gun, or 
15 B-B gun which
expels a single globular projectile not 
16 exceeding .18 inch in
diameter or which has a maximum 
17 muzzle velocity of less than 700 feet
per second;

18  (1.1) any pneumatic gun, spring gun, paint ball gun, 
19 or B-B gun which expels breakable paint balls containing 
20 washable marking colors; 
21  (2) any device used exclusively for signaling or 
22 safety and required or
recommended by the United States 
23 Coast Guard or the Interstate Commerce
Commission;

24  (3) any device used exclusively for the firing of stud 
25 cartridges,
explosive rivets or similar industrial 
26 ammunition; and

 
 
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1  (4) an antique firearm (other than a machine-gun) 
2 which, although
designed as a weapon, the Illinois State 
3 Police finds by reason of
the date of its manufacture, 
4 value, design, and other characteristics is
primarily a 
5 collector's item and is not likely to be used as a weapon.

6 "Firearm ammunition" means any self-contained cartridge or 
7shotgun
shell, by whatever name known, which is designed to be 
8used or adaptable to
use in a firearm; excluding, however:

9  (1) any ammunition exclusively designed for use with a 
10 device used
exclusively for signaling signalling or safety 
11 and required or recommended by the
United States Coast 
12 Guard or the Interstate Commerce Commission; and

13  (2) any ammunition designed exclusively for use with a 
14 stud or rivet
driver or other similar industrial 
15 ammunition.
16 "Gun show" means an event or function:
17  (1) at which the sale and transfer of firearms is the 
18 regular and normal course of business and where 50 or more 
19 firearms are displayed, offered, or exhibited for sale, 
20 transfer, or exchange; or
21  (2) at which not less than 10 gun show vendors 
22 display, offer, or exhibit for sale, sell, transfer, or 
23 exchange firearms.

24 "Gun show" includes the entire premises provided for an 
25event or function, including parking areas for the event or 
26function, that is sponsored to facilitate the purchase, sale, 
 
 
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1transfer, or exchange of firearms as described in this 
2Section.
Nothing in this definition shall be construed to 
3exclude a gun show held in conjunction with competitive 
4shooting events at the World Shooting Complex sanctioned by a 
5national governing body in which the sale or transfer of 
6firearms is authorized under subparagraph (5) of paragraph (g) 
7of subsection (A) of Section 24-3 of the Criminal Code of 2012. 
8 Unless otherwise expressly stated, "gun show" does not 
9include training or safety classes, competitive shooting 
10events, such as rifle, shotgun, or handgun matches, trap, 
11skeet, or sporting clays shoots, dinners, banquets, raffles, 
12or
any other event where the sale or transfer of firearms is 
13not the primary course of business.
14 "Gun show promoter" means a person who organizes or 
15operates a gun show.
16 "Gun show vendor" means a person who exhibits, sells, 
17offers for sale, transfers, or exchanges any firearms at a gun 
18show, regardless of whether the person arranges with a gun 
19show promoter for a fixed location from which to exhibit, 
20sell, offer for sale, transfer, or exchange any firearm.
21 "Involuntarily admitted" has the meaning as prescribed in 
22Sections 1-119 and 1-119.1 of the Mental Health and 
23Developmental Disabilities Code. 
24 "Mental health facility" means any licensed private 
25hospital or hospital affiliate, institution, or facility, or 
26part thereof, and any facility, or part thereof, operated by 
 
 
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1the State or a political subdivision thereof which provides 
2provide treatment of persons with mental illness and includes 
3all hospitals, institutions, clinics, evaluation facilities, 
4mental health centers, colleges, universities, long-term care 
5facilities, and nursing homes, or parts thereof, which provide 
6treatment of persons with mental illness whether or not the 
7primary purpose is to provide treatment of persons with mental 
8illness. 
9 "National governing body" means a group of persons who 
10adopt rules and formulate policy on behalf of a national 
11firearm sporting organization. 
12 "Noncitizen" means a person who is not a citizen of the 
13United States, but is a person who is a foreign-born person who 
14lives in the United States, has not been naturalized, and is 
15still a citizen of a foreign country. 
16 "Patient" means: 
17  (1) a person who is admitted as an inpatient or 
18 resident of a public or private mental health facility for 
19 mental health treatment under Chapter III of the Mental 
20 Health and Developmental Disabilities Code as an informal 
21 admission, a voluntary admission, a minor admission, an 
22 emergency admission, or an involuntary admission, unless 
23 the treatment was solely for an alcohol abuse disorder; or 
24  (2) a person who voluntarily or involuntarily receives 
25 mental health treatment as an out-patient or is otherwise 
26 provided services by a public or private mental health 
 
 
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1 facility, and who poses a clear and present danger to 
2 himself, herself, or to others. 
3 "Person with a developmental disability" means a person 
4with a disability which is attributable to any other condition 
5which results in impairment similar to that caused by an 
6intellectual disability and which requires services similar to 
7those required by persons with intellectual disabilities. The 
8disability must originate before the age of 18
years, be 
9expected to continue indefinitely, and constitute a 
10substantial disability. This disability results, in the 
11professional opinion of a physician, clinical psychologist, or 
12qualified examiner, in significant functional limitations in 3 
13or more of the following areas of major life activity:
14  (i) self-care;
15  (ii) receptive and expressive language;
16  (iii) learning;
17  (iv) mobility; or
18  (v) self-direction. 
19 "Person with an intellectual disability" means a person 
20with a significantly subaverage general intellectual 
21functioning which exists concurrently with impairment in 
22adaptive behavior and which originates before the age of 18 
23years. 
24 "Physician" has the meaning as defined in Section 1-120 of 
25the Mental Health and Developmental Disabilities Code.
26 "Protective order" means any orders of protection issued 
 
 
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1under the Illinois Domestic Violence Act of 1986, stalking no 
2contact orders issued under the Stalking No Contact Order Act, 
3civil no contact orders issued under the Civil No Contact 
4Order Act, and firearms restraining orders issued under the 
5Firearms Restraining Order Act.
6 "Qualified examiner" has the meaning provided in Section 
71-122 of the Mental Health and Developmental Disabilities 
8Code.
9 "Sanctioned competitive shooting event" means a shooting 
10contest officially recognized by a national or state shooting 
11sport association, and includes any sight-in or practice 
12conducted in conjunction with the event.


13 "School administrator" means the person required to report 
14under the School Administrator Reporting of Mental Health 
15Clear and Present Danger Determinations Law.
16 "Stun gun or taser" has the meaning ascribed to it in 
17Section 24-1 of the Criminal Code of 2012.
18(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
19revised 10-6-21.)"; and

20on page 90, by replacing lines 2 through 4 with the following:

21   "(vi) He or she is lawfully present in the United 
22 States not an alien who is unlawfully present in the 
23 United States under the laws of the United States;"; 
24 and


 
 
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1on page 91, lines 4 and 9, by replacing "noncitizen" each time 
2it appears with "person"; and

3on page 91, line 21, by replacing "noncitizen" with "person"; 
4and


5on page 98, lines 1, 3, 7, and 19, by replacing "noncitizen" 
6each time it appears with "person"; and


7on page 104, line 15, by replacing "noncitizen" with "person"; 
8and


9on page 107, by replacing line 13 with "document, such as a 
10permanent resident card an alien registration recipient card"; 
11and


12on page 144, line 26, by replacing "alien" with "alien"; and


13on page 145, line 1, by deleting "as a noncitizen"; and


14on page 157, by replacing line 15 with "U.S. citizen who is 
15lawfully present not an unauthorized alien"; and


16on page 158, lines 5 and 15, by deleting "noncitizen" each time 
17it appears; and


 
 
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1on page 158, line 9, by deleting "Noncitizen"; and


2on page 159, lines 6 and 24, by deleting "noncitizen" each time 
3it appears; and


4on page 206, line 8, by replacing "Non-resident noncitizens" 
5with "Noncitizens Non-resident".