100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0492

 

Introduced , by Rep. Thomas M. Bennett

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. Effective immediately.


LRB100 05310 SLF 15321 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0492LRB100 05310 SLF 15321 b

1    AN ACT concerning firearms.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
 
6    (5 ILCS 140/7.5)
7    Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be exempt
9from inspection and copying:
10        (a) All information determined to be confidential
11    under Section 4002 of the Technology Advancement and
12    Development Act.
13        (b) Library circulation and order records identifying
14    library users with specific materials under the Library
15    Records Confidentiality Act.
16        (c) Applications, related documents, and medical
17    records received by the Experimental Organ Transplantation
18    Procedures Board and any and all documents or other records
19    prepared by the Experimental Organ Transplantation
20    Procedures Board or its staff relating to applications it
21    has received.
22        (d) Information and records held by the Department of
23    Public Health and its authorized representatives relating

 

 

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1    to known or suspected cases of sexually transmissible
2    disease or any information the disclosure of which is
3    restricted under the Illinois Sexually Transmissible
4    Disease Control Act.
5        (e) Information the disclosure of which is exempted
6    under Section 30 of the Radon Industry Licensing Act.
7        (f) Firm performance evaluations under Section 55 of
8    the Architectural, Engineering, and Land Surveying
9    Qualifications Based Selection Act.
10        (g) Information the disclosure of which is restricted
11    and exempted under Section 50 of the Illinois Prepaid
12    Tuition Act.
13        (h) Information the disclosure of which is exempted
14    under the State Officials and Employees Ethics Act, and
15    records of any lawfully created State or local inspector
16    general's office that would be exempt if created or
17    obtained by an Executive Inspector General's office under
18    that Act.
19        (i) Information contained in a local emergency energy
20    plan submitted to a municipality in accordance with a local
21    emergency energy plan ordinance that is adopted under
22    Section 11-21.5-5 of the Illinois Municipal Code.
23        (j) Information and data concerning the distribution
24    of surcharge moneys collected and remitted by wireless
25    carriers under the Wireless Emergency Telephone Safety
26    Act.

 

 

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1        (k) Law enforcement officer identification information
2    or driver identification information compiled by a law
3    enforcement agency or the Department of Transportation
4    under Section 11-212 of the Illinois Vehicle Code.
5        (l) Records and information provided to a residential
6    health care facility resident sexual assault and death
7    review team or the Executive Council under the Abuse
8    Prevention Review Team Act.
9        (m) Information provided to the predatory lending
10    database created pursuant to Article 3 of the Residential
11    Real Property Disclosure Act, except to the extent
12    authorized under that Article.
13        (n) Defense budgets and petitions for certification of
14    compensation and expenses for court appointed trial
15    counsel as provided under Sections 10 and 15 of the Capital
16    Crimes Litigation Act. This subsection (n) shall apply
17    until the conclusion of the trial of the case, even if the
18    prosecution chooses not to pursue the death penalty prior
19    to trial or sentencing.
20        (o) Information that is prohibited from being
21    disclosed under Section 4 of the Illinois Health and
22    Hazardous Substances Registry Act.
23        (p) Security portions of system safety program plans,
24    investigation reports, surveys, schedules, lists, data, or
25    information compiled, collected, or prepared by or for the
26    Regional Transportation Authority under Section 2.11 of

 

 

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1    the Regional Transportation Authority Act or the St. Clair
2    County Transit District under the Bi-State Transit Safety
3    Act.
4        (q) Information prohibited from being disclosed by the
5    Personnel Records Review Act.
6        (r) Information prohibited from being disclosed by the
7    Illinois School Student Records Act.
8        (s) Information the disclosure of which is restricted
9    under Section 5-108 of the Public Utilities Act.
10        (t) All identified or deidentified health information
11    in the form of health data or medical records contained in,
12    stored in, submitted to, transferred by, or released from
13    the Illinois Health Information Exchange, and identified
14    or deidentified health information in the form of health
15    data and medical records of the Illinois Health Information
16    Exchange in the possession of the Illinois Health
17    Information Exchange Authority due to its administration
18    of the Illinois Health Information Exchange. The terms
19    "identified" and "deidentified" shall be given the same
20    meaning as in the Health Insurance Portability and
21    Accountability Act of 1996, Public Law 104-191, or any
22    subsequent amendments thereto, and any regulations
23    promulgated thereunder.
24        (u) Records and information provided to an independent
25    team of experts under Brian's Law.
26        (v) Names and information of people who have applied

 

 

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1    for or received Firearm Owner's Identification Cards under
2    the Firearm Owners Identification Card Act before the
3    effective date of this amendatory Act of the 100th General
4    Assembly or applied for or received a concealed carry
5    license under the Firearm Concealed Carry Act, unless
6    otherwise authorized by the Firearm Concealed Carry Act;
7    and databases under the Firearm Concealed Carry Act,
8    records of the Concealed Carry Licensing Review Board under
9    the Firearm Concealed Carry Act, and law enforcement agency
10    objections under the Firearm Concealed Carry Act.
11        (w) Personally identifiable information which is
12    exempted from disclosure under subsection (g) of Section
13    19.1 of the Toll Highway Act.
14        (x) Information which is exempted from disclosure
15    under Section 5-1014.3 of the Counties Code or Section
16    8-11-21 of the Illinois Municipal Code.
17        (y) Confidential information under the Adult
18    Protective Services Act and its predecessor enabling
19    statute, the Elder Abuse and Neglect Act, including
20    information about the identity and administrative finding
21    against any caregiver of a verified and substantiated
22    decision of abuse, neglect, or financial exploitation of an
23    eligible adult maintained in the Registry established
24    under Section 7.5 of the Adult Protective Services Act.
25        (z) Records and information provided to a fatality
26    review team or the Illinois Fatality Review Team Advisory

 

 

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1    Council under Section 15 of the Adult Protective Services
2    Act.
3        (aa) Information which is exempted from disclosure
4    under Section 2.37 of the Wildlife Code.
5        (bb) Information which is or was prohibited from
6    disclosure by the Juvenile Court Act of 1987.
7        (cc) Recordings made under the Law Enforcement
8    Officer-Worn Body Camera Act, except to the extent
9    authorized under that Act.
10        (dd) Information that is prohibited from being
11    disclosed under Section 45 of the Condominium and Common
12    Interest Community Ombudsperson Act.
13        (ee) (dd) Information that is exempted from disclosure
14    under Section 30.1 of the Pharmacy Practice Act.
15(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
16eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
1799-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
1899-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.
198-19-16; revised 9-1-16.)
 
20    Section 10. The Department of State Police Law of the Civil
21Administrative Code of Illinois is amended by changing Sections
222605-45, 2605-300, and 2605-595 as follows:
 
23    (20 ILCS 2605/2605-45)  (was 20 ILCS 2605/55a-5)
24    Sec. 2605-45. Division of Administration. The Division of

 

 

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1Administration shall exercise the following functions:
2        (1) Exercise the rights, powers, and duties vested in
3    the Department by the Governor's Office of Management and
4    Budget Act.
5        (2) Pursue research and the publication of studies
6    pertaining to local law enforcement activities.
7        (3) Exercise the rights, powers, and duties vested in
8    the Department by the Personnel Code.
9        (4) Operate an electronic data processing and computer
10    center for the storage and retrieval of data pertaining to
11    criminal activity.
12        (5) Exercise the rights, powers, and duties vested in
13    the former Division of State Troopers by Section 17 of the
14    State Police Act.
15        (6) Exercise the rights, powers, and duties vested in
16    the Department by "An Act relating to internal auditing in
17    State government", approved August 11, 1967 (repealed; now
18    the Fiscal Control and Internal Auditing Act, 30 ILCS 10/).
19        (6.5) (Blank). Exercise the rights, powers, and duties
20    vested in the Department by the Firearm Owners
21    Identification Card Act.
22        (7) Exercise other duties that may be assigned by the
23    Director to fulfill the responsibilities and achieve the
24    purposes of the Department.
25(Source: P.A. 94-793, eff. 5-19-06.)
 

 

 

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1    (20 ILCS 2605/2605-300)  (was 20 ILCS 2605/55a in part)
2    Sec. 2605-300. Records; crime laboratories; personnel. To
3do the following:
4        (1) Be a central repository and custodian of criminal
5    statistics for the State.
6        (2) Be a central repository for criminal history record
7    information.
8        (3) Procure and file for record information that is
9    necessary and helpful to plan programs of crime prevention,
10    law enforcement, and criminal justice.
11        (4) Procure and file for record copies of fingerprints
12    that may be required by law.
13        (5) Establish general and field crime laboratories.
14        (6) Register and file for record information that may
15    be required by law for the issuance of firearm owner's
16    identification cards under the Firearm Owners
17    Identification Card Act and concealed carry licenses under
18    the Firearm Concealed Carry Act.
19        (7) Employ laboratory technicians and other specially
20    qualified persons to aid in the identification of criminal
21    activity, and may employ polygraph operators.
22        (8) Undertake other identification, information,
23    laboratory, statistical, or registration activities that
24    may be required by law.
25(Source: P.A. 98-63, eff. 7-9-13; 99-801, eff. 1-1-17.)
 

 

 

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1    (20 ILCS 2605/2605-595)
2    Sec. 2605-595. State Police Firearm Services Fund.
3    (a) There is created in the State treasury a special fund
4known as the State Police Firearm Services Fund. The Fund shall
5receive revenue under the Firearm Concealed Carry Act and
6Section 5 of the Firearm Owners Identification Card Act. The
7Fund may also receive revenue from grants, pass-through grants,
8donations, appropriations, and any other legal source.
9    (b) The Department of State Police may use moneys in the
10Fund to finance any of its lawful purposes, mandates,
11functions, and duties under the Firearm Owners Identification
12Card Act and the Firearm Concealed Carry Act, including the
13cost of sending notices of expiration of Firearm Owner's
14Identification Cards, concealed carry licenses, the prompt and
15efficient processing of applications under the Firearm Owners
16Identification Card Act and the Firearm Concealed Carry Act,
17the improved efficiency and reporting of the LEADS and federal
18NICS law enforcement data systems, and support for
19investigations required under that Act these Acts and law. Any
20surplus funds beyond what is needed to comply with the
21aforementioned purposes shall be used by the Department to
22improve the Law Enforcement Agencies Data System (LEADS) and
23criminal history background check system.
24    (c) Investment income that is attributable to the
25investment of moneys in the Fund shall be retained in the Fund
26for the uses specified in this Section.

 

 

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1(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 
2    (20 ILCS 2605/2605-120 rep.)
3    Section 15. The Department of State Police Law of the Civil
4Administrative Code of Illinois is amended by repealing Section
52605-120.
 
6    Section 20. The Criminal Identification Act is amended by
7changing Section 2.2 as follows:
 
8    (20 ILCS 2630/2.2)
9    Sec. 2.2. Notification to the Department. Upon judgment of
10conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
1112-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
12Code of 2012 when the defendant has been determined, pursuant
13to Section 112A-11.1 of the Code of Criminal Procedure of 1963,
14to be subject to the prohibitions of 18 U.S.C. 922(g)(9), the
15circuit court clerk shall include notification and a copy of
16the written determination in a report of the conviction to the
17Department of State Police Firearm Owner's Identification Card
18Office to enable the Department office to perform its duties
19under the Firearm Concealed Carry Act and Sections 4 and 8 of
20the Firearm Owners Identification Card Act and to report that
21determination to the Federal Bureau of Investigation to assist
22the Federal Bureau of Investigation in identifying persons
23prohibited from purchasing and possessing a firearm pursuant to

 

 

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1the provisions of 18 U.S.C. 922. The written determination
2described in this Section shall be included in the defendant's
3record of arrest and conviction in the manner and form
4prescribed by the Department of State Police.
5(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
6    Section 25. The State Finance Act is amended by changing
7Section 6z-99 as follows:
 
8    (30 ILCS 105/6z-99)
9    Sec. 6z-99. The Mental Health Reporting Fund.
10    (a) There is created in the State treasury a special fund
11known as the Mental Health Reporting Fund. The Fund shall
12receive revenue under the Firearm Concealed Carry Act. The Fund
13may also receive revenue from grants, pass-through grants,
14donations, appropriations, and any other legal source.
15    (b) The Department of State Police and Department of Human
16Services shall coordinate to use moneys in the Fund to finance
17their respective duties of collecting and reporting data on
18mental health records and ensuring that mental health firearm
19possession prohibitors are enforced as set forth under the
20Firearm Concealed Carry Act and the Firearm Owners
21Identification Card Act. Any surplus in the Fund beyond what is
22necessary to ensure compliance with mental health reporting
23under that Act these Acts shall be used by the Department of
24Human Services for mental health treatment programs.

 

 

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1    (c) Investment income that is attributable to the
2investment of moneys in the Fund shall be retained in the Fund
3for the uses specified in this Section.
4(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 
5    Section 30. The Peace Officer Firearm Training Act is
6amended by changing Section 1 as follows:
 
7    (50 ILCS 710/1)  (from Ch. 85, par. 515)
8    Sec. 1. Definitions. As used in this Act:
9    (a) "Peace officer" means (i) any person who by virtue of
10his office or public employment is vested by law with a primary
11duty to maintain public order or to make arrests for offenses,
12whether that duty extends to all offenses or is limited to
13specific offenses, and who is employed in such capacity by any
14county or municipality or (ii) any retired law enforcement
15officers qualified under federal law to carry a concealed
16weapon.
17    (a-5) "Probation officer" means a county probation officer
18authorized by the Chief Judge of the Circuit Court to carry a
19firearm as part of his or her duties under Section 12 of the
20Probation and Probation Officers Act and Section 24-2 of the
21Criminal Code of 2012.
22    (b) "Firearms" means any weapon or device defined as a
23firearm in Section 2-7.5 of the Criminal Code of 2012 1.1 of
24"An Act relating to the acquisition, possession and transfer of

 

 

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1firearms and firearm ammunition, to provide a penalty for the
2violation thereof and to make an appropriation in connection
3therewith", approved August 3, 1967, as amended.
4(Source: P.A. 98-725, eff. 1-1-15.)
 
5    Section 35. The School Code is amended by changing Sections
610-22.6, 10-27.1A and 34-8.05 as follows:
 
7    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
8    Sec. 10-22.6. Suspension or expulsion of pupils; school
9searches.
10    (a) To expel pupils guilty of gross disobedience or
11misconduct, including gross disobedience or misconduct
12perpetuated by electronic means, pursuant to subsection (b-20)
13of this Section, and no action shall lie against them for such
14expulsion. Expulsion shall take place only after the parents
15have been requested to appear at a meeting of the board, or
16with a hearing officer appointed by it, to discuss their
17child's behavior. Such request shall be made by registered or
18certified mail and shall state the time, place and purpose of
19the meeting. The board, or a hearing officer appointed by it,
20at such meeting shall state the reasons for dismissal and the
21date on which the expulsion is to become effective. If a
22hearing officer is appointed by the board he shall report to
23the board a written summary of the evidence heard at the
24meeting and the board may take such action thereon as it finds

 

 

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1appropriate. If the board acts to expel a pupil, the written
2expulsion decision shall detail the specific reasons why
3removing the pupil from the learning environment is in the best
4interest of the school. The expulsion decision shall also
5include a rationale as to the specific duration of the
6expulsion. An expelled pupil may be immediately transferred to
7an alternative program in the manner provided in Article 13A or
813B of this Code. A pupil must not be denied transfer because
9of the expulsion, except in cases in which such transfer is
10deemed to cause a threat to the safety of students or staff in
11the alternative program.
12    (b) To suspend or by policy to authorize the superintendent
13of the district or the principal, assistant principal, or dean
14of students of any school to suspend pupils guilty of gross
15disobedience or misconduct, or to suspend pupils guilty of
16gross disobedience or misconduct on the school bus from riding
17the school bus, pursuant to subsections (b-15) and (b-20) of
18this Section, and no action shall lie against them for such
19suspension. The board may by policy authorize the
20superintendent of the district or the principal, assistant
21principal, or dean of students of any school to suspend pupils
22guilty of such acts for a period not to exceed 10 school days.
23If a pupil is suspended due to gross disobedience or misconduct
24on a school bus, the board may suspend the pupil in excess of
2510 school days for safety reasons.
26    Any suspension shall be reported immediately to the parents

 

 

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1or guardian of a pupil along with a full statement of the
2reasons for such suspension and a notice of their right to a
3review. The school board must be given a summary of the notice,
4including the reason for the suspension and the suspension
5length. Upon request of the parents or guardian the school
6board or a hearing officer appointed by it shall review such
7action of the superintendent or principal, assistant
8principal, or dean of students. At such review the parents or
9guardian of the pupil may appear and discuss the suspension
10with the board or its hearing officer. If a hearing officer is
11appointed by the board he shall report to the board a written
12summary of the evidence heard at the meeting. After its hearing
13or upon receipt of the written report of its hearing officer,
14the board may take such action as it finds appropriate. If a
15student is suspended pursuant to this subsection (b), the board
16shall, in the written suspension decision, detail the specific
17act of gross disobedience or misconduct resulting in the
18decision to suspend. The suspension decision shall also include
19a rationale as to the specific duration of the suspension. A
20pupil who is suspended in excess of 20 school days may be
21immediately transferred to an alternative program in the manner
22provided in Article 13A or 13B of this Code. A pupil must not
23be denied transfer because of the suspension, except in cases
24in which such transfer is deemed to cause a threat to the
25safety of students or staff in the alternative program.
26    (b-5) Among the many possible disciplinary interventions

 

 

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1and consequences available to school officials, school
2exclusions, such as out-of-school suspensions and expulsions,
3are the most serious. School officials shall limit the number
4and duration of expulsions and suspensions to the greatest
5extent practicable, and it is recommended that they use them
6only for legitimate educational purposes. To ensure that
7students are not excluded from school unnecessarily, it is
8recommended that school officials consider forms of
9non-exclusionary discipline prior to using out-of-school
10suspensions or expulsions.
11    (b-10) Unless otherwise required by federal law or this
12Code, school boards may not institute zero-tolerance policies
13by which school administrators are required to suspend or expel
14students for particular behaviors.
15    (b-15) Out-of-school suspensions of 3 days or less may be
16used only if the student's continuing presence in school would
17pose a threat to school safety or a disruption to other
18students' learning opportunities. For purposes of this
19subsection (b-15), "threat to school safety or a disruption to
20other students' learning opportunities" shall be determined on
21a case-by-case basis by the school board or its designee.
22School officials shall make all reasonable efforts to resolve
23such threats, address such disruptions, and minimize the length
24of suspensions to the greatest extent practicable.
25    (b-20) Unless otherwise required by this Code,
26out-of-school suspensions of longer than 3 days, expulsions,

 

 

HB0492- 17 -LRB100 05310 SLF 15321 b

1and disciplinary removals to alternative schools may be used
2only if other appropriate and available behavioral and
3disciplinary interventions have been exhausted and the
4student's continuing presence in school would either (i) pose a
5threat to the safety of other students, staff, or members of
6the school community or (ii) substantially disrupt, impede, or
7interfere with the operation of the school. For purposes of
8this subsection (b-20), "threat to the safety of other
9students, staff, or members of the school community" and
10"substantially disrupt, impede, or interfere with the
11operation of the school" shall be determined on a case-by-case
12basis by school officials. For purposes of this subsection
13(b-20), the determination of whether "appropriate and
14available behavioral and disciplinary interventions have been
15exhausted" shall be made by school officials. School officials
16shall make all reasonable efforts to resolve such threats,
17address such disruptions, and minimize the length of student
18exclusions to the greatest extent practicable. Within the
19suspension decision described in subsection (b) of this Section
20or the expulsion decision described in subsection (a) of this
21Section, it shall be documented whether other interventions
22were attempted or whether it was determined that there were no
23other appropriate and available interventions.
24    (b-25) Students who are suspended out-of-school for longer
25than 4 school days shall be provided appropriate and available
26support services during the period of their suspension. For

 

 

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1purposes of this subsection (b-25), "appropriate and available
2support services" shall be determined by school authorities.
3Within the suspension decision described in subsection (b) of
4this Section, it shall be documented whether such services are
5to be provided or whether it was determined that there are no
6such appropriate and available services.
7    A school district may refer students who are expelled to
8appropriate and available support services.
9    A school district shall create a policy to facilitate the
10re-engagement of students who are suspended out-of-school,
11expelled, or returning from an alternative school setting.
12    (b-30) A school district shall create a policy by which
13suspended pupils, including those pupils suspended from the
14school bus who do not have alternate transportation to school,
15shall have the opportunity to make up work for equivalent
16academic credit. It shall be the responsibility of a pupil's
17parent or guardian to notify school officials that a pupil
18suspended from the school bus does not have alternate
19transportation to school.
20    (c) The Department of Human Services shall be invited to
21send a representative to consult with the board at such meeting
22whenever there is evidence that mental illness may be the cause
23for expulsion or suspension.
24    (c-5) School districts shall make reasonable efforts to
25provide ongoing professional development to teachers,
26administrators, school board members, school resource

 

 

HB0492- 19 -LRB100 05310 SLF 15321 b

1officers, and staff on the adverse consequences of school
2exclusion and justice-system involvement, effective classroom
3management strategies, culturally responsive discipline, and
4developmentally appropriate disciplinary methods that promote
5positive and healthy school climates.
6    (d) The board may expel a student for a definite period of
7time not to exceed 2 calendar years, as determined on a case by
8case basis. A student who is determined to have brought one of
9the following objects to school, any school-sponsored activity
10or event, or any activity or event that bears a reasonable
11relationship to school shall be expelled for a period of not
12less than one year:
13        (1) A firearm. For the purposes of this Section,
14    "firearm" means any gun, rifle, shotgun, weapon as defined
15    by Section 921 of Title 18 of the United States Code,
16    firearm as defined in Section 2-7.5 1.1 of the Firearm
17    Owners Identification Card Act, or firearm as defined in
18    Section 24-1 of the Criminal Code of 2012. The expulsion
19    period under this subdivision (1) may be modified by the
20    superintendent, and the superintendent's determination may
21    be modified by the board on a case-by-case basis.
22        (2) A knife, brass knuckles or other knuckle weapon
23    regardless of its composition, a billy club, or any other
24    object if used or attempted to be used to cause bodily
25    harm, including "look alikes" of any firearm as defined in
26    subdivision (1) of this subsection (d). The expulsion

 

 

HB0492- 20 -LRB100 05310 SLF 15321 b

1    requirement under this subdivision (2) may be modified by
2    the superintendent, and the superintendent's determination
3    may be modified by the board on a case-by-case basis.
4Expulsion or suspension shall be construed in a manner
5consistent with the Federal Individuals with Disabilities
6Education Act. A student who is subject to suspension or
7expulsion as provided in this Section may be eligible for a
8transfer to an alternative school program in accordance with
9Article 13A of the School Code.
10    (d-5) The board may suspend or by regulation authorize the
11superintendent of the district or the principal, assistant
12principal, or dean of students of any school to suspend a
13student for a period not to exceed 10 school days or may expel
14a student for a definite period of time not to exceed 2
15calendar years, as determined on a case by case basis, if (i)
16that student has been determined to have made an explicit
17threat on an Internet website against a school employee, a
18student, or any school-related personnel, (ii) the Internet
19website through which the threat was made is a site that was
20accessible within the school at the time the threat was made or
21was available to third parties who worked or studied within the
22school grounds at the time the threat was made, and (iii) the
23threat could be reasonably interpreted as threatening to the
24safety and security of the threatened individual because of his
25or her duties or employment status or status as a student
26inside the school.

 

 

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1    (e) To maintain order and security in the schools, school
2authorities may inspect and search places and areas such as
3lockers, desks, parking lots, and other school property and
4equipment owned or controlled by the school, as well as
5personal effects left in those places and areas by students,
6without notice to or the consent of the student, and without a
7search warrant. As a matter of public policy, the General
8Assembly finds that students have no reasonable expectation of
9privacy in these places and areas or in their personal effects
10left in these places and areas. School authorities may request
11the assistance of law enforcement officials for the purpose of
12conducting inspections and searches of lockers, desks, parking
13lots, and other school property and equipment owned or
14controlled by the school for illegal drugs, weapons, or other
15illegal or dangerous substances or materials, including
16searches conducted through the use of specially trained dogs.
17If a search conducted in accordance with this Section produces
18evidence that the student has violated or is violating either
19the law, local ordinance, or the school's policies or rules,
20such evidence may be seized by school authorities, and
21disciplinary action may be taken. School authorities may also
22turn over such evidence to law enforcement authorities.
23    (f) Suspension or expulsion may include suspension or
24expulsion from school and all school activities and a
25prohibition from being present on school grounds.
26    (g) A school district may adopt a policy providing that if

 

 

HB0492- 22 -LRB100 05310 SLF 15321 b

1a student is suspended or expelled for any reason from any
2public or private school in this or any other state, the
3student must complete the entire term of the suspension or
4expulsion in an alternative school program under Article 13A of
5this Code or an alternative learning opportunities program
6under Article 13B of this Code before being admitted into the
7school district if there is no threat to the safety of students
8or staff in the alternative program.
9    (h) School officials shall not advise or encourage students
10to drop out voluntarily due to behavioral or academic
11difficulties.
12    (i) A student may not be issued a monetary fine or fee as a
13disciplinary consequence, though this shall not preclude
14requiring a student to provide restitution for lost, stolen, or
15damaged property.
16    (j) Subsections (a) through (i) of this Section shall apply
17to elementary and secondary schools, charter schools, special
18charter districts, and school districts organized under
19Article 34 of this Code.
20(Source: P.A. 99-456, eff. 9-15-16.)
 
21    (105 ILCS 5/10-27.1A)
22    Sec. 10-27.1A. Firearms in schools.
23    (a) All school officials, including teachers, guidance
24counselors, and support staff, shall immediately notify the
25office of the principal in the event that they observe any

 

 

HB0492- 23 -LRB100 05310 SLF 15321 b

1person in possession of a firearm on school grounds; provided
2that taking such immediate action to notify the office of the
3principal would not immediately endanger the health, safety, or
4welfare of students who are under the direct supervision of the
5school official or the school official. If the health, safety,
6or welfare of students under the direct supervision of the
7school official or of the school official is immediately
8endangered, the school official shall notify the office of the
9principal as soon as the students under his or her supervision
10and he or she are no longer under immediate danger. A report is
11not required by this Section when the school official knows
12that the person in possession of the firearm is a law
13enforcement official engaged in the conduct of his or her
14official duties. Any school official acting in good faith who
15makes such a report under this Section shall have immunity from
16any civil or criminal liability that might otherwise be
17incurred as a result of making the report. The identity of the
18school official making such report shall not be disclosed
19except as expressly and specifically authorized by law.
20Knowingly and willfully failing to comply with this Section is
21a petty offense. A second or subsequent offense is a Class C
22misdemeanor.
23    (b) Upon receiving a report from any school official
24pursuant to this Section, or from any other person, the
25principal or his or her designee shall immediately notify a
26local law enforcement agency. If the person found to be in

 

 

HB0492- 24 -LRB100 05310 SLF 15321 b

1possession of a firearm on school grounds is a student, the
2principal or his or her designee shall also immediately notify
3that student's parent or guardian. Any principal or his or her
4designee acting in good faith who makes such reports under this
5Section shall have immunity from any civil or criminal
6liability that might otherwise be incurred or imposed as a
7result of making the reports. Knowingly and willfully failing
8to comply with this Section is a petty offense. A second or
9subsequent offense is a Class C misdemeanor. If the person
10found to be in possession of the firearm on school grounds is a
11minor, the law enforcement agency shall detain that minor until
12such time as the agency makes a determination pursuant to
13clause (a) of subsection (1) of Section 5-401 of the Juvenile
14Court Act of 1987, as to whether the agency reasonably believes
15that the minor is delinquent. If the law enforcement agency
16determines that probable cause exists to believe that the minor
17committed a violation of item (4) of subsection (a) of Section
1824-1 of the Criminal Code of 2012 while on school grounds, the
19agency shall detain the minor for processing pursuant to
20Section 5-407 of the Juvenile Court Act of 1987.
21    (c) On or after January 1, 1997, upon receipt of any
22written, electronic, or verbal report from any school personnel
23regarding a verified incident involving a firearm in a school
24or on school owned or leased property, including any conveyance
25owned, leased, or used by the school for the transport of
26students or school personnel, the superintendent or his or her

 

 

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1designee shall report all such firearm-related incidents
2occurring in a school or on school property to the local law
3enforcement authorities immediately and to the Department of
4State Police in a form, manner, and frequency as prescribed by
5the Department of State Police.
6    The State Board of Education shall receive an annual
7statistical compilation and related data associated with
8incidents involving firearms in schools from the Department of
9State Police. The State Board of Education shall compile this
10information by school district and make it available to the
11public.
12    (d) As used in this Section, the term "firearm" shall have
13the meaning ascribed to it in Section 2-7.5 of the Criminal
14Code of 2012 1.1 of the Firearm Owners Identification Card Act.
15    As used in this Section, the term "school" means any public
16or private elementary or secondary school.
17    As used in this Section, the term "school grounds" includes
18the real property comprising any school, any conveyance owned,
19leased, or contracted by a school to transport students to or
20from school or a school-related activity, or any public way
21within 1,000 feet of the real property comprising any school.
22(Source: P.A. 97-1150, eff. 1-25-13.)
 
23    (105 ILCS 5/34-8.05)
24    Sec. 34-8.05. Reporting firearms in schools. On or after
25January 1, 1997, upon receipt of any written, electronic, or

 

 

HB0492- 26 -LRB100 05310 SLF 15321 b

1verbal report from any school personnel regarding a verified
2incident involving a firearm in a school or on school owned or
3leased property, including any conveyance owned, leased, or
4used by the school for the transport of students or school
5personnel, the general superintendent or his or her designee
6shall report all such firearm-related incidents occurring in a
7school or on school property to the local law enforcement
8authorities no later than 24 hours after the occurrence of the
9incident and to the Department of State Police in a form,
10manner, and frequency as prescribed by the Department of State
11Police.
12    The State Board of Education shall receive an annual
13statistical compilation and related data associated with
14incidents involving firearms in schools from the Department of
15State Police. As used in this Section, the term "firearm" shall
16have the meaning ascribed to it in Section 2-7.5 of the
17Criminal Code of 2012 1.1 of the Firearm Owners Identification
18Card Act.
19(Source: P.A. 89-498, eff. 6-27-96.)
 
20    Section 40. The Illinois Explosives Act is amended by
21changing Section 2005 as follows:
 
22    (225 ILCS 210/2005)  (from Ch. 96 1/2, par. 1-2005)
23    Sec. 2005. Qualifications for licensure.
24    (a) No person shall qualify to hold a license who:

 

 

HB0492- 27 -LRB100 05310 SLF 15321 b

1        (1) is under 21 years of age;
2        (2) has been convicted in any court of a crime
3    punishable by imprisonment for a term exceeding one year;
4        (3) is under indictment for a crime punishable by
5    imprisonment for a term exceeding one year;
6        (4) is a fugitive from justice;
7        (5) is an unlawful user of or addicted to any
8    controlled substance as defined in Section 102 of the
9    federal Controlled Substances Act (21 U.S.C. Sec. 802 et
10    seq.);
11        (6) has been adjudicated a person with a mental
12    disability as defined in Section 6-103.1 of the Mental
13    Health and Developmental Disabilities Code 1.1 of the
14    Firearm Owners Identification Card Act; or
15        (7) is not a legal citizen of the United States.
16    (b) A person who has been granted a "relief from
17disabilities" regarding criminal convictions and indictments,
18pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.
19845) may receive a license provided all other qualifications
20under this Act are met.
21(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
 
22    Section 45. The Private Detective, Private Alarm, Private
23Security, and Locksmith Act of 2004 is amended by changing
24Sections 35-30 and 35-35 as follows:
 

 

 

HB0492- 28 -LRB100 05310 SLF 15321 b

1    (225 ILCS 447/35-30)
2    (Section scheduled to be repealed on January 1, 2024)
3    Sec. 35-30. Employee requirements. All employees of a
4licensed agency, other than those exempted, shall apply for a
5permanent employee registration card. The holder of an agency
6license issued under this Act, known in this Section as
7"employer", may employ in the conduct of his or her business
8employees under the following provisions:
9    (a) No person shall be issued a permanent employee
10registration card who:
11        (1) Is younger than 18 years of age.
12        (2) Is younger than 21 years of age if the services
13    will include being armed.
14        (3) Has been determined by the Department to be unfit
15    by reason of conviction of an offense in this or another
16    state, including registration as a sex offender, but not
17    including a traffic offense. Persons convicted of felonies
18    involving bodily harm, weapons, violence, or theft within
19    the previous 10 years shall be presumed to be unfit for
20    registration. The Department shall adopt rules for making
21    those determinations that shall afford the applicant due
22    process of law.
23        (4) Has had a license or permanent employee
24    registration card denied, suspended, or revoked under this
25    Act (i) within one year before the date the person's
26    application for permanent employee registration card is

 

 

HB0492- 29 -LRB100 05310 SLF 15321 b

1    received by the Department; and (ii) that refusal, denial,
2    suspension, or revocation was based on any provision of
3    this Act other than Section 40-50, item (6) or (8) of
4    subsection (a) of Section 15-10, subsection (b) of Section
5    15-10, item (6) or (8) of subsection (a) of Section 20-10,
6    subsection (b) of Section 20-10, item (6) or (8) of
7    subsection (a) of Section 25-10, subsection (b) of Section
8    25-10, item (7) of subsection (a) of Section 30-10,
9    subsection (b) of Section 30-10, or Section 10-40.
10        (5) Has been declared incompetent by any court of
11    competent jurisdiction by reason of mental disease or
12    defect and has not been restored.
13        (6) Has been dishonorably discharged from the armed
14    services of the United States.
15    (b) No person may be employed by a private detective
16agency, private security contractor agency, private alarm
17contractor agency, fingerprint vendor agency, or locksmith
18agency under this Section until he or she has executed and
19furnished to the employer, on forms furnished by the
20Department, a verified statement to be known as "Employee's
21Statement" setting forth:
22        (1) The person's full name, age, and residence address.
23        (2) The business or occupation engaged in for the 5
24    years immediately before the date of the execution of the
25    statement, the place where the business or occupation was
26    engaged in, and the names of employers, if any.

 

 

HB0492- 30 -LRB100 05310 SLF 15321 b

1        (3) That the person has not had a license or employee
2    registration denied, revoked, or suspended under this Act
3    (i) within one year before the date the person's
4    application for permanent employee registration card is
5    received by the Department; and (ii) that refusal, denial,
6    suspension, or revocation was based on any provision of
7    this Act other than Section 40-50, item (6) or (8) of
8    subsection (a) of Section 15-10, subsection (b) of Section
9    15-10, item (6) or (8) of subsection (a) of Section 20-10,
10    subsection (b) of Section 20-10, item (6) or (8) of
11    subsection (a) of Section 25-10, subsection (b) of Section
12    25-10, item (7) of subsection (a) of Section 30-10,
13    subsection (b) of Section 30-10, or Section 10-40.
14        (4) Any conviction of a felony or misdemeanor.
15        (5) Any declaration of incompetence by a court of
16    competent jurisdiction that has not been restored.
17        (6) Any dishonorable discharge from the armed services
18    of the United States.
19        (7) Any other information as may be required by any
20    rule of the Department to show the good character,
21    competency, and integrity of the person executing the
22    statement.
23    (c) Each applicant for a permanent employee registration
24card shall have his or her fingerprints submitted to the
25Department of State Police in an electronic format that
26complies with the form and manner for requesting and furnishing

 

 

HB0492- 31 -LRB100 05310 SLF 15321 b

1criminal history record information as prescribed by the
2Department of State Police. These fingerprints shall be checked
3against the Department of State Police and Federal Bureau of
4Investigation criminal history record databases now and
5hereafter filed. The Department of State Police shall charge
6applicants a fee for conducting the criminal history records
7check, which shall be deposited in the State Police Services
8Fund and shall not exceed the actual cost of the records check.
9The Department of State Police shall furnish, pursuant to
10positive identification, records of Illinois convictions to
11the Department. The Department may require applicants to pay a
12separate fingerprinting fee, either to the Department or
13directly to the vendor. The Department, in its discretion, may
14allow an applicant who does not have reasonable access to a
15designated vendor to provide his or her fingerprints in an
16alternative manner. The Department, in its discretion, may also
17use other procedures in performing or obtaining criminal
18background checks of applicants. Instead of submitting his or
19her fingerprints, an individual may submit proof that is
20satisfactory to the Department that an equivalent security
21clearance has been conducted. Also, an individual who has
22retired as a peace officer within 12 months of application may
23submit verification, on forms provided by the Department and
24signed by his or her employer, of his or her previous full-time
25employment as a peace officer.
26    (d) The Department shall issue a permanent employee

 

 

HB0492- 32 -LRB100 05310 SLF 15321 b

1registration card, in a form the Department prescribes, to all
2qualified applicants. The holder of a permanent employee
3registration card shall carry the card at all times while
4actually engaged in the performance of the duties of his or her
5employment. Expiration and requirements for renewal of
6permanent employee registration cards shall be established by
7rule of the Department. Possession of a permanent employee
8registration card does not in any way imply that the holder of
9the card is employed by an agency unless the permanent employee
10registration card is accompanied by the employee
11identification card required by subsection (f) of this Section.
12    (e) Each employer shall maintain a record of each employee
13that is accessible to the duly authorized representatives of
14the Department. The record shall contain the following
15information:
16        (1) A photograph taken within 10 days of the date that
17    the employee begins employment with the employer. The
18    photograph shall be replaced with a current photograph
19    every 3 calendar years.
20        (2) The Employee's Statement specified in subsection
21    (b) of this Section.
22        (3) All correspondence or documents relating to the
23    character and integrity of the employee received by the
24    employer from any official source or law enforcement
25    agency.
26        (4) In the case of former employees, the employee

 

 

HB0492- 33 -LRB100 05310 SLF 15321 b

1    identification card of that person issued under subsection
2    (f) of this Section. Each employee record shall duly note
3    if the employee is employed in an armed capacity. Armed
4    employee files shall contain a copy of an active firearm
5    owner's identification card and a copy of an active firearm
6    control card. Each employer shall maintain a record for
7    each armed employee of each instance in which the
8    employee's weapon was discharged during the course of his
9    or her professional duties or activities. The record shall
10    be maintained on forms provided by the Department, a copy
11    of which must be filed with the Department within 15 days
12    of an instance. The record shall include the date and time
13    of the occurrence, the circumstances involved in the
14    occurrence, and any other information as the Department may
15    require. Failure to provide this information to the
16    Department or failure to maintain the record as a part of
17    each armed employee's permanent file is grounds for
18    disciplinary action. The Department, upon receipt of a
19    report, shall have the authority to make any investigation
20    it considers appropriate into any occurrence in which an
21    employee's weapon was discharged and to take disciplinary
22    action as may be appropriate.
23        (5) A copy of the employee's permanent employee
24    registration card or a copy of the Department's "License
25    Lookup" Webpage showing that the employee has been issued a
26    valid permanent employee registration card by the

 

 

HB0492- 34 -LRB100 05310 SLF 15321 b

1    Department.
2    The Department may, by rule, prescribe further record
3requirements.
4    (f) Every employer shall furnish an employee
5identification card to each of his or her employees. This
6employee identification card shall contain a recent photograph
7of the employee, the employee's name, the name and agency
8license number of the employer, the employee's personal
9description, the signature of the employer, the signature of
10that employee, the date of issuance, and an employee
11identification card number.
12    (g) No employer may issue an employee identification card
13to any person who is not employed by the employer in accordance
14with this Section or falsely state or represent that a person
15is or has been in his or her employ. It is unlawful for an
16applicant for registered employment to file with the Department
17the fingerprints of a person other than himself or herself.
18    (h) Every employer shall obtain the identification card of
19every employee who terminates employment with him or her.
20    (i) Every employer shall maintain a separate roster of the
21names of all employees currently working in an armed capacity
22and submit the roster to the Department on request.
23    (j) No agency may employ any person to perform a licensed
24activity under this Act unless the person possesses a valid
25permanent employee registration card or a valid license under
26this Act, or is exempt pursuant to subsection (n).

 

 

HB0492- 35 -LRB100 05310 SLF 15321 b

1    (k) Notwithstanding the provisions of subsection (j), an
2agency may employ a person in a temporary capacity if all of
3the following conditions are met:
4        (1) The agency completes in its entirety and submits to
5    the Department an application for a permanent employee
6    registration card, including the required fingerprint
7    receipt and fees.
8        (2) The agency has verification from the Department
9    that the applicant has no record of any criminal conviction
10    pursuant to the criminal history check conducted by the
11    Department of State Police. The agency shall maintain the
12    verification of the results of the Department of State
13    Police criminal history check as part of the employee
14    record as required under subsection (e) of this Section.
15        (3) The agency exercises due diligence to ensure that
16    the person is qualified under the requirements of the Act
17    to be issued a permanent employee registration card.
18        (4) The agency maintains a separate roster of the names
19    of all employees whose applications are currently pending
20    with the Department and submits the roster to the
21    Department on a monthly basis. Rosters are to be maintained
22    by the agency for a period of at least 24 months.
23    An agency may employ only a permanent employee applicant
24for which it either submitted a permanent employee application
25and all required forms and fees or it confirms with the
26Department that a permanent employee application and all

 

 

HB0492- 36 -LRB100 05310 SLF 15321 b

1required forms and fees have been submitted by another agency,
2licensee or the permanent employee and all other requirements
3of this Section are met.
4    The Department shall have the authority to revoke, without
5a hearing, the temporary authority of an individual to work
6upon receipt of Federal Bureau of Investigation fingerprint
7data or a report of another official authority indicating a
8criminal conviction. If the Department has not received a
9temporary employee's Federal Bureau of Investigation
10fingerprint data within 120 days of the date the Department
11received the Department of State Police fingerprint data, the
12Department may, at its discretion, revoke the employee's
13temporary authority to work with 15 days written notice to the
14individual and the employing agency.
15    An agency may not employ a person in a temporary capacity
16if it knows or reasonably should have known that the person has
17been convicted of a crime under the laws of this State, has
18been convicted in another state of any crime that is a crime
19under the laws of this State, has been convicted of any crime
20in a federal court, or has been posted as an unapproved
21applicant by the Department. Notice by the Department to the
22agency, via certified mail, personal delivery, electronic
23mail, or posting on the Department's Internet site accessible
24to the agency that the person has been convicted of a crime
25shall be deemed constructive knowledge of the conviction on the
26part of the agency. The Department may adopt rules to implement

 

 

HB0492- 37 -LRB100 05310 SLF 15321 b

1this subsection (k).
2    (l) No person may be employed under this Section in any
3capacity if:
4        (1) the person, while so employed, is being paid by the
5    United States or any political subdivision for the time so
6    employed in addition to any payments he or she may receive
7    from the employer; or
8        (2) the person wears any portion of his or her official
9    uniform, emblem of authority, or equipment while so
10    employed.
11    (m) If information is discovered affecting the
12registration of a person whose fingerprints were submitted
13under this Section, the Department shall so notify the agency
14that submitted the fingerprints on behalf of that person.
15    (n) Peace officers shall be exempt from the requirements of
16this Section relating to permanent employee registration
17cards. The agency shall remain responsible for any peace
18officer employed under this exemption, regardless of whether
19the peace officer is compensated as an employee or as an
20independent contractor and as further defined by rule.
21    (o) Persons who have no access to confidential or security
22information, who do not go to a client's or prospective
23client's residence or place of business, and who otherwise do
24not provide traditional security services are exempt from
25employee registration. Examples of exempt employees include,
26but are not limited to, employees working in the capacity of

 

 

HB0492- 38 -LRB100 05310 SLF 15321 b

1ushers, directors, ticket takers, cashiers, drivers, and
2reception personnel. Confidential or security information is
3that which pertains to employee files, scheduling, client
4contracts, or technical security and alarm data.
5    (p) An applicant who is 21 years of age or older seeking a
6religious exemption to the photograph requirement of this
7Section shall furnish with the application an approved copy of
8United States Department of the Treasury Internal Revenue
9Service Form 4029. Regardless of age, an applicant seeking a
10religious exemption to this photograph requirement shall
11submit fingerprints in a form and manner prescribed by the
12Department with his or her application in lieu of a photograph.
13(Source: P.A. 98-253, eff. 8-9-13; 98-848, eff. 1-1-15.)
 
14    (225 ILCS 447/35-35)
15    (Section scheduled to be repealed on January 1, 2024)
16    Sec. 35-35. Requirement of a firearm control card.
17    (a) No person shall perform duties that include the use,
18carrying, or possession of a firearm in the performance of
19those duties without complying with the provisions of this
20Section and having been issued a valid firearm control card by
21the Department.
22    (b) No employer shall employ any person to perform the
23duties for which licensure or employee registration is required
24and allow that person to carry a firearm unless that person has
25complied with all the firearm training requirements of this

 

 

HB0492- 39 -LRB100 05310 SLF 15321 b

1Section and has been issued a firearm control card. This Act
2permits only the following to carry firearms while actually
3engaged in the performance of their duties or while commuting
4directly to or from their places of employment: persons
5licensed as private detectives and their registered employees;
6persons licensed as private security contractors and their
7registered employees; persons licensed as private alarm
8contractors and their registered employees; and employees of a
9registered armed proprietary security force.
10    (c) Possession of a valid firearm control card allows a
11licensee or employee to carry a firearm not otherwise
12prohibited by law while the licensee or employee is engaged in
13the performance of his or her duties or while the licensee or
14employee is commuting directly to or from the licensee's or
15employee's place or places of employment.
16    (d) The Department shall issue a firearm control card to a
17person who has passed an approved firearm training course, who
18is currently licensed or employed by an agency licensed by this
19Act and has met all the requirements of this Act, and who is
20not prohibited under State or federal law from possessing a
21firearm possesses a valid firearm owner identification card.
22Application for the firearm control card shall be made by the
23employer to the Department on forms provided by the Department.
24The Department shall forward the card to the employer who shall
25be responsible for its issuance to the licensee or employee.
26The firearm control card shall be issued by the Department and

 

 

HB0492- 40 -LRB100 05310 SLF 15321 b

1shall identify the person holding it and the name of the course
2where the licensee or employee received firearm instruction and
3shall specify the type of weapon or weapons the person is
4authorized by the Department to carry and for which the person
5has been trained.
6    (e) Expiration and requirements for renewal of firearm
7control cards shall be determined by rule.
8    (f) The Department may, in addition to any other
9disciplinary action permitted by this Act, refuse to issue,
10suspend, or revoke a firearm control card if the applicant or
11holder has been convicted of any felony or crime involving the
12illegal use, carrying, or possession of a deadly weapon or for
13a violation of this Act or rules adopted promulgated under this
14Act. The Department shall refuse to issue or shall revoke a
15firearm control card if the applicant or holder is prohibited
16under State or federal law from possessing a firearm fails to
17possess a valid firearm owners identification card without
18hearing. The Secretary shall summarily suspend a firearm
19control card if the Secretary finds that its continued use
20would constitute an imminent danger to the public. A hearing
21shall be held before the Board within 30 days if the Secretary
22summarily suspends a firearm control card.
23    (g) Notwithstanding any other provision of this Act to the
24contrary, all requirements relating to firearms control cards
25do not apply to a peace officer.
26    (h) The Department may issue a temporary firearm control

 

 

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1card pending issuance of a new firearm control card upon an
2agency's acquiring of an established armed account. An agency
3that has acquired armed employees as a result of acquiring an
4established armed account may, on forms supplied by the
5Department, request the issuance of a temporary firearm control
6card for each acquired employee who held a valid firearm
7control card under his or her employment with the newly
8acquired established armed account immediately preceding the
9acquiring of the account and who continues to meet all of the
10qualifications for issuance of a firearm control card set forth
11in this Act and any rules adopted under this Act. The
12Department shall, by rule, set the fee for issuance of a
13temporary firearm control card.
14    (i) The Department shall not issue a firearm control card
15to a licensed fingerprint vendor or a licensed locksmith or
16employees of a licensed fingerprint vendor agency or a licensed
17locksmith agency.
18(Source: P.A. 98-253, eff. 8-9-13.)
 
19    Section 50. The Mental Health and Developmental
20Disabilities Code is amended by changing Sections 6-103.1,
216-103.2, and 6-103.3 as follows:
 
22    (405 ILCS 5/6-103.1)
23    Sec. 6-103.1. Adjudication as a person with a mental
24disability. When a person has been adjudicated as a person with

 

 

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1a mental disability as defined in Section 1.1 of the Firearm
2Owners Identification Card Act, including, but not limited to,
3an adjudication as a person with a disability as defined in
4Section 11a-2 of the Probate Act of 1975, the court shall
5direct the circuit court clerk to notify the Department of
6State Police, Firearm Owner's Identification (FOID) Office, in
7a form and manner prescribed by the Department of State Police,
8and shall forward a copy of the court order to the Department
9no later than 7 days after the entry of the order. Upon receipt
10of the order, the Department of State Police shall provide
11notification to the National Instant Criminal Background Check
12System. For purposes of this Section, "has been adjudicated as
13a mentally disabled person" means the person is the subject of
14a determination by a court, board, commission, or other lawful
15authority that the person, as a result of marked subnormal
16intelligence, or mental illness, mental impairment,
17incompetency, condition, or disease:
18        (1) presents a clear and present danger to himself,
19    herself, or to others;
20        (2) lacks the mental capacity to manage his or her own
21    affairs or is adjudicated a disabled person as defined in
22    Section 11a-2 of the Probate Act of 1975;
23        (3) is not guilty in a criminal case by reason of
24    insanity, mental disease or defect;
25        (3.5) is guilty but mentally ill, as provided in
26    Section 5-2-6 of the Unified Code of Corrections;

 

 

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1        (4) is incompetent to stand trial in a criminal case;
2        (5) is not guilty by reason of lack of mental
3    responsibility under Articles 50a and 72b of the Uniform
4    Code of Military Justice, 10 U.S.C. 850a, 876b;
5        (6) is a sexually violent person under subsection (f)
6    of Section 5 of the Sexually Violent Persons Commitment
7    Act;
8        (7) is a sexually dangerous person under the Sexually
9    Dangerous Persons Act;
10        (8) is unfit to stand trial under the Juvenile Court
11    Act of 1987;
12        (9) is not guilty by reason of insanity under the
13    Juvenile Court Act of 1987;
14        (10) is subject to involuntary admission as an
15    inpatient as defined in Section 1-119 of the Mental Health
16    and Developmental Disabilities Code;
17        (11) is subject to involuntary admission as an
18    outpatient as defined in Section 1-119.1 of the Mental
19    Health and Developmental Disabilities Code;
20        (12) is subject to judicial admission as set forth in
21    Section 4-500 of the Mental Health and Developmental
22    Disabilities Code; or
23        (13) is subject to the provisions of the Interstate
24    Agreements on Sexually Dangerous Persons Act.
25(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
 

 

 

HB0492- 44 -LRB100 05310 SLF 15321 b

1    (405 ILCS 5/6-103.2)
2    Sec. 6-103.2. Developmental disability; notice. If a
3person 14 years old or older is determined to be a person with
4a developmental disability by a physician, clinical
5psychologist, or qualified examiner, the physician, clinical
6psychologist, or qualified examiner shall notify the
7Department of Human Services within 7 days of making the
8determination that the person has a developmental disability.
9The Department of Human Services shall immediately update its
10records and information relating to mental health and
11developmental disabilities, and if appropriate, shall notify
12the Department of State Police in a form and manner prescribed
13by the Department of State Police. Information disclosed under
14this Section shall remain privileged and confidential, and
15shall not be redisclosed, except as required under clause
16(e)(2) of Section 24-4.5 of the Criminal Code of 2012
17subsection (e) of Section 3.1 of the Firearm Owners
18Identification Card Act, nor used for any other purpose. The
19method of providing this information shall guarantee that the
20information is not released beyond that which is necessary for
21the purpose of this Section and shall be provided by rule by
22the Department of Human Services. The identity of the person
23reporting under this Section shall not be disclosed to the
24subject of the report.
25    The physician, clinical psychologist, or qualified
26examiner making the determination and his or her employer may

 

 

HB0492- 45 -LRB100 05310 SLF 15321 b

1not be held criminally, civilly, or professionally liable for
2making or not making the notification required under this
3Section, except for willful or wanton misconduct.
4    In this Section, "developmentally disabled" has the
5meaning ascribed to it in Section 12 of the Mental Health and
6Developmental Disabilities Confidentiality Act.
7    For purposes of this Section, "developmental disability"
8means a disability which is attributable to any other condition
9which results in impairment similar to that caused by an
10intellectual disability and which requires services similar to
11those required by intellectually disabled persons. The
12disability must originate before the age of 18 years, be
13expected to continue indefinitely, and constitute a
14substantial disability. This disability results, in the
15professional opinion of a physician, clinical psychologist, or
16qualified examiner, in significant functional limitations in 3
17or more of the following areas of major life activity:
18        (i) self-care;
19        (ii) receptive and expressive language;
20        (iii) learning;
21        (iv) mobility; or
22        (v) self-direction.
23    "Determined to be a person with a developmental disability
24by a physician, clinical psychologist, or qualified examiner"
25means in the professional opinion of the physician, clinical
26psychologist, or qualified examiner, a person is diagnosed,

 

 

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1assessed, or evaluated as having a developmental disability.
2(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
3eff. 7-27-15; 99-642, eff. 7-28-16.)
 
4    (405 ILCS 5/6-103.3)
5    Sec. 6-103.3. Clear and present danger; notice. If a person
6is determined to pose a clear and present danger to himself,
7herself, or to others by a physician, clinical psychologist, or
8qualified examiner, whether employed by the State, by any
9public or private mental health facility or part thereof, or by
10a law enforcement official or a school administrator, then the
11physician, clinical psychologist, qualified examiner shall
12notify the Department of Human Services and a law enforcement
13official or school administrator shall notify the Department of
14State Police, within 24 hours of making the determination that
15the person poses a clear and present danger. The Department of
16Human Services shall immediately update its records and
17information relating to mental health and developmental
18disabilities, and if appropriate, shall notify the Department
19of State Police in a form and manner prescribed by the
20Department of State Police. Information disclosed under this
21Section shall remain privileged and confidential, and shall not
22be redisclosed, except as required under clause (e)(2) of
23Section 24-4.5 of the Criminal Code of 2012 subsection (e) of
24Section 3.1 of the Firearm Owners Identification Card Act, nor
25used for any other purpose. The method of providing this

 

 

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1information shall guarantee that the information is not
2released beyond that which is necessary for the purpose of this
3Section and shall be provided by rule by the Department of
4Human Services. The identity of the person reporting under this
5Section shall not be disclosed to the subject of the report.
6The physician, clinical psychologist, qualified examiner, law
7enforcement official, or school administrator making the
8determination and his or her employer shall not be held
9criminally, civilly, or professionally liable for making or not
10making the notification required under this Section, except for
11willful or wanton misconduct. This Section does not apply to a
12law enforcement official, if making the notification under this
13Section will interfere with an ongoing or pending criminal
14investigation.
15    For the purposes of this Section:
16        "Clear and present danger" means a person who:
17            (1) communicates a serious threat of physical
18        violence against a reasonably identifiable victim or
19        poses a clear and imminent risk of serious physical
20        injury to himself, herself, or another person as
21        determined by a physician, clinical psychologist, or
22        qualified examiner; or
23            (2) demonstrates threatening physical or verbal
24        behavior, such as violent, suicidal, or assaultive
25        threats, actions, or other behavior, as determined by a
26        physician, clinical psychologist, qualified examiner,

 

 

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1        school administrator, or law enforcement official.
2        "Physician", "clinical psychologist", and "qualified
3    examiner" have the meanings ascribed to them in the Mental
4    Health and Developmental Disabilities Code has the meaning
5    ascribed to it in Section 1.1 of the Firearm Owners
6    Identification Card Act.
7        "Determined to pose a clear and present danger to
8    himself, herself, or to others by a physician, clinical
9    psychologist, or qualified examiner" means in the
10    professional opinion of the physician, clinical
11    psychologist, or qualified examiner, a person poses a clear
12    and present danger.
13        "School administrator" means the person required to
14    report under the School Administrator Reporting of Mental
15    Health Clear and Present Danger Determinations Law.
16(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
 
17    Section 55. The Lead Poisoning Prevention Act is amended by
18changing Section 2 as follows:
 
19    (410 ILCS 45/2)  (from Ch. 111 1/2, par. 1302)
20    Sec. 2. Definitions. As used in this Act:
21    "Child care facility" means any structure used by a child
22care provider licensed by the Department of Children and Family
23Services or public or private school structure frequented by
24children 6 years of age or younger.

 

 

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1    "Childhood Lead Risk Questionnaire" means the
2questionnaire developed by the Department for use by physicians
3and other health care providers to determine risk factors for
4children 6 years of age or younger residing in areas designated
5as low risk for lead exposure.
6    "Delegate agency" means a unit of local government or
7health department approved by the Department to carry out the
8provisions of this Act.
9    "Department" means the Department of Public Health.
10    "Director" means the Director of Public Health.
11    "Dwelling unit" means an individual unit within a
12residential building used as living quarters for one household.
13    "Elevated blood lead level" means a blood lead level in
14excess of those considered within the permissible limits as
15established under State and federal rules.
16    "Exposed surface" means any interior or exterior surface of
17a regulated facility.
18    "High risk area" means an area in the State determined by
19the Department to be high risk for lead exposure for children 6
20years of age or younger. The Department may consider, but is
21not limited to, the following factors to determine a high risk
22area: age and condition (using Department of Housing and Urban
23Development definitions of "slum" and "blighted") of housing,
24proximity to highway traffic or heavy local traffic or both,
25percentage of housing determined as rental or vacant, proximity
26to industry using lead, established incidence of elevated blood

 

 

HB0492- 50 -LRB100 05310 SLF 15321 b

1lead levels in children, percentage of population living below
2200% of federal poverty guidelines, and number of children
3residing in the area who are 6 years of age or younger.
4    "Lead abatement" means any approved work practices that
5will permanently eliminate lead exposure or remove the
6lead-bearing substances in a regulated facility. The
7Department shall establish by rule which work practices are
8approved or prohibited for lead abatement.
9    "Lead abatement contractor" means any person or entity
10licensed by the Department to perform lead abatement and
11mitigation.
12    "Lead abatement supervisor" means any person employed by a
13lead abatement contractor and licensed by the Department to
14perform lead abatement and lead mitigation and to supervise
15lead workers who perform lead abatement and lead mitigation.
16    "Lead abatement worker" means any person employed by a lead
17abatement contractor and licensed by the Department to perform
18lead abatement and mitigation.
19    "Lead activities" means the conduct of any lead services,
20including, lead inspection, lead risk assessment, lead
21mitigation, or lead abatement work or supervision in a
22regulated facility.
23    "Lead-bearing substance" means any item containing or
24coated with lead such that the lead content is more than
25six-hundredths of one percent (0.06%) lead by total weight; or
26any dust on surfaces or in furniture or other nonpermanent

 

 

HB0492- 51 -LRB100 05310 SLF 15321 b

1elements of the regulated facility; or any paint or other
2surface coating material containing more than five-tenths of
3one percent (0.5%) lead by total weight (calculated as lead
4metal) in the total non-volatile content of liquid paint; or
5lead-bearing substances containing greater than one milligram
6per square centimeter or any lower standard for lead content in
7residential paint as may be established by federal law or rule;
8or more than 1 milligram per square centimeter in the dried
9film of paint or previously applied substance; or item or dust
10on item containing lead in excess of the amount specified in
11the rules authorized by this Act or a lower standard for lead
12content as may be established by federal law or rule.
13"Lead-bearing substance" does not include firearm ammunition
14or components as defined by Section 2-7.1 of the Criminal Code
15of 2012 the Firearm Owners Identification Card Act.
16    "Lead hazard" means a lead-bearing substance that poses an
17immediate health hazard to humans.
18    "Lead hazard screen" means a lead risk assessment that
19involves limited dust and paint sampling for lead-bearing
20substances and lead hazards. This service is used as a
21screening tool designed to determine if further lead
22investigative services are required for the regulated
23facility.
24    "Lead inspection" means a surface-by-surface investigation
25to determine the presence of lead-based paint.
26    "Lead inspector" means an individual who has been trained

 

 

HB0492- 52 -LRB100 05310 SLF 15321 b

1by a Department-approved training program and is licensed by
2the Department to conduct lead inspections; to sample for the
3presence of lead in paint, dust, soil, and water; and to
4conduct compliance investigations.
5    "Lead mitigation" means the remediation, in a manner
6described in Section 9, of a lead hazard so that the
7lead-bearing substance does not pose an immediate health hazard
8to humans.
9    "Lead poisoning" means the condition of having blood lead
10levels in excess of those considered safe under State and
11federal rules.
12    "Lead risk assessment" means an on-site investigation to
13determine the existence, nature, severity, and location of lead
14hazards. "Lead risk assessment" includes any lead sampling and
15visual assessment associated with conducting a lead risk
16assessment and lead hazard screen and all lead sampling
17associated with compliance investigations.
18    "Lead risk assessor" means an individual who has been
19trained by a Department-approved training program and is
20licensed by the Department to conduct lead risk assessments,
21lead inspections, and lead hazard screens; to sample for the
22presence of lead in paint, dust, soil, water, and sources for
23lead-bearing substances; and to conduct compliance
24investigations.
25    "Lead training program provider" means any person
26providing Department-approved lead training in Illinois to

 

 

HB0492- 53 -LRB100 05310 SLF 15321 b

1individuals seeking licensure in accordance with the Act.
2    "Low risk area" means an area in the State determined by
3the Department to be low risk for lead exposure for children 6
4years of age or younger. The Department may consider the
5factors named in "high risk area" to determine low risk areas.
6    "Owner" means any person, who alone, jointly, or severally
7with others:
8        (a) Has legal title to any regulated facility, with or
9    without actual possession of the regulated facility, or
10        (b) Has charge, care, or control of the regulated
11    facility as owner or agent of the owner, or as executor,
12    administrator, trustee, or guardian of the estate of the
13    owner.
14    "Person" means any individual, partnership, firm, company,
15limited liability company, corporation, association, joint
16stock company, trust, estate, political subdivision, State
17agency, or any other legal entity, or their legal
18representative, agent, or assign.
19    "Regulated facility" means a residential building or child
20care facility.
21    "Residential building" means any room, group of rooms, or
22other interior areas of a structure designed or used for human
23habitation; common areas accessible by inhabitants; and the
24surrounding property or structures.
25(Source: P.A. 98-690, eff. 1-1-15.)
 

 

 

HB0492- 54 -LRB100 05310 SLF 15321 b

1    (430 ILCS 65/Act rep.)
2    Section 60. The Firearm Owners Identification Card Act is
3repealed.
 
4    Section 65. The Firearm Concealed Carry Act is amended by
5changing Sections 25, 30, 40, 70, 80, and 105 as follows:
 
6    (430 ILCS 66/25)
7    Sec. 25. Qualifications for a license.
8    The Department shall issue a license to an applicant
9completing an application in accordance with Section 30 of this
10Act if the person:
11        (1) is at least 21 years of age;
12        (2) has a currently valid Firearm Owner's
13    Identification Card and at the time of application meets
14    the requirements for the issuance of a Firearm Owner's
15    Identification Card and is not prohibited under State or
16    the Firearm Owners Identification Card Act or federal law
17    from possessing or receiving a firearm;
18        (3) has not been convicted or found guilty in this
19    State or in any other state of:
20            (A) a misdemeanor involving the use or threat of
21        physical force or violence to any person within the 5
22        years preceding the date of the license application; or
23            (B) 2 or more violations related to driving while
24        under the influence of alcohol, other drug or drugs,

 

 

HB0492- 55 -LRB100 05310 SLF 15321 b

1        intoxicating compound or compounds, or any combination
2        thereof, within the 5 years preceding the date of the
3        license application;
4        (4) is not the subject of a pending arrest warrant,
5    prosecution, or proceeding for an offense or action that
6    could lead to disqualification to own or possess a firearm;
7        (5) has not been in residential or court-ordered
8    treatment for alcoholism, alcohol detoxification, or drug
9    treatment within the 5 years immediately preceding the date
10    of the license application; and
11        (6) has completed firearms training and any education
12    component required under Section 75 of this Act.
13(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 
14    (430 ILCS 66/30)
15    Sec. 30. Contents of license application.
16    (a) The license application shall be in writing, under
17penalty of perjury, on a standard form adopted by the
18Department and shall be accompanied by the documentation
19required in this Section and the applicable fee. Each
20application form shall include the following statement printed
21in bold type: "Warning: Entering false information on this form
22is punishable as perjury under Section 32-2 of the Criminal
23Code of 2012."
24    (b) The application shall contain the following:
25        (1) the applicant's name, current address, date and

 

 

HB0492- 56 -LRB100 05310 SLF 15321 b

1    year of birth, place of birth, height, weight, hair color,
2    eye color, maiden name or any other name the applicant has
3    used or identified with, and any address where the
4    applicant resided for more than 30 days within the 10 years
5    preceding the date of the license application;
6        (2) the applicant's valid driver's license number or
7    valid state identification card number;
8        (3) a waiver of the applicant's privacy and
9    confidentiality rights and privileges under all federal
10    and state laws, including those limiting access to juvenile
11    court, criminal justice, psychological, or psychiatric
12    records or records relating to any institutionalization of
13    the applicant, and an affirmative request that a person
14    having custody of any of these records provide it or
15    information concerning it to the Department. The waiver
16    only applies to records sought in connection with
17    determining whether the applicant qualifies for a license
18    to carry a concealed firearm under this Act, or whether the
19    applicant remains in compliance with the Firearm Owners
20    Identification Card Act;
21        (4) an affirmation that the applicant is not prohibited
22    under State or federal law from possessing or receiving a
23    firearm possesses a currently valid Firearm Owner's
24    Identification Card and card number if possessed or notice
25    the applicant is applying for a Firearm Owner's
26    Identification Card in conjunction with the license

 

 

HB0492- 57 -LRB100 05310 SLF 15321 b

1    application;
2        (5) an affirmation that the applicant has not been
3    convicted or found guilty of:
4            (A) a felony;
5            (B) a misdemeanor involving the use or threat of
6        physical force or violence to any person within the 5
7        years preceding the date of the application; or
8            (C) 2 or more violations related to driving while
9        under the influence of alcohol, other drug or drugs,
10        intoxicating compound or compounds, or any combination
11        thereof, within the 5 years preceding the date of the
12        license application; and
13        (6) whether the applicant has failed a drug test for a
14    drug for which the applicant did not have a prescription,
15    within the previous year, and if so, the provider of the
16    test, the specific substance involved, and the date of the
17    test;
18        (7) written consent for the Department to review and
19    use the applicant's Illinois digital driver's license or
20    Illinois identification card photograph and signature;
21        (8) a full set of fingerprints submitted to the
22    Department in electronic format, provided the Department
23    may accept an application submitted without a set of
24    fingerprints in which case the Department shall be granted
25    30 days in addition to the 90 days provided under
26    subsection (e) of Section 10 of this Act to issue or deny a

 

 

HB0492- 58 -LRB100 05310 SLF 15321 b

1    license;
2        (9) a head and shoulder color photograph in a size
3    specified by the Department taken within the 30 days
4    preceding the date of the license application; and
5        (10) a photocopy of any certificates or other evidence
6    of compliance with the training requirements under this
7    Act.
8(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
 
9    (430 ILCS 66/40)
10    Sec. 40. Non-resident license applications.
11    (a) For the purposes of this Section, "non-resident" means
12a person who has not resided within this State for more than 30
13days and resides in another state or territory.
14    (b) The Department shall by rule allow for non-resident
15license applications from any state or territory of the United
16States with laws related to firearm ownership, possession, and
17carrying, that are substantially similar to the requirements to
18obtain a license under this Act.
19    (c) A resident of a state or territory approved by the
20Department under subsection (b) of this Section may apply for a
21non-resident license. The applicant shall apply to the
22Department and must meet all of the qualifications established
23in Section 25 of this Act, except for the Illinois residency
24requirement in item (xiv) of paragraph (2) of subsection (a) of
25Section 4 of the Firearm Owners Identification Card Act. The

 

 

HB0492- 59 -LRB100 05310 SLF 15321 b

1applicant shall submit:
2        (1) the application and documentation required under
3    Section 30 of this Act and the applicable fee;
4        (2) a notarized document stating that the applicant:
5            (A) is eligible under federal law and the laws of
6        his or her state or territory of residence to own or
7        possess a firearm;
8            (B) if applicable, has a license or permit to carry
9        a firearm or concealed firearm issued by his or her
10        state or territory of residence and attach a copy of
11        the license or permit to the application;
12            (C) understands Illinois laws pertaining to the
13        possession and transport of firearms; and
14            (D) acknowledges that the applicant is subject to
15        the jurisdiction of the Department and Illinois courts
16        for any violation of this Act;
17        (3) a photocopy of any certificates or other evidence
18    of compliance with the training requirements under Section
19    75 of this Act; and
20        (4) a head and shoulder color photograph in a size
21    specified by the Department taken within the 30 days
22    preceding the date of the application.
23    (d) In lieu of an Illinois driver's license or Illinois
24identification card, a non-resident applicant shall provide
25similar documentation from his or her state or territory of
26residence. The applicant shall submit In lieu of a valid

 

 

HB0492- 60 -LRB100 05310 SLF 15321 b

1Firearm Owner's Identification Card, the applicant shall
2submit documentation and information required by the
3Department to obtain a Firearm Owner's Identification Card,
4including an affidavit that the non-resident meets the mental
5health standards to obtain a firearm under Illinois law, and
6the Department shall ensure that the applicant would meet the
7eligibility criteria under State law to possess a firearm to
8obtain a Firearm Owner's Identification card if he or she was a
9resident of this State.
10    (e) Nothing in this Act shall prohibit a non-resident from
11transporting a concealed firearm within his or her vehicle in
12Illinois, if the concealed firearm remains within his or her
13vehicle and the non-resident:
14        (1) is not prohibited from owning or possessing a
15    firearm under federal law;
16        (2) is eligible to carry a firearm in public under the
17    laws of his or her state or territory of residence, as
18    evidenced by the possession of a concealed carry license or
19    permit issued by his or her state of residence, if
20    applicable; and
21        (3) is not in possession of a license under this Act.
22    If the non-resident leaves his or her vehicle unattended,
23he or she shall store the firearm within a locked vehicle or
24locked container within the vehicle in accordance with
25subsection (b) of Section 65 of this Act.
26(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78,

 

 

HB0492- 61 -LRB100 05310 SLF 15321 b

1eff. 7-20-15.)
 
2    (430 ILCS 66/70)
3    Sec. 70. Violations.
4    (a) A license issued or renewed under this Act shall be
5revoked if, at any time, the licensee is found to be ineligible
6for a license under this Act or the licensee is prohibited from
7possessing a firearm under State or federal law no longer meets
8the eligibility requirements of the Firearm Owners
9Identification Card Act.
10    (b) A license shall be suspended if an order of protection,
11including an emergency order of protection, plenary order of
12protection, or interim order of protection under Article 112A
13of the Code of Criminal Procedure of 1963 or under the Illinois
14Domestic Violence Act of 1986, is issued against a licensee for
15the duration of the order, or if the Department is made aware
16of a similar order issued against the licensee in any other
17jurisdiction. If an order of protection is issued against a
18licensee, the licensee shall surrender the license, as
19applicable, to the court at the time the order is entered or to
20the law enforcement agency or entity serving process at the
21time the licensee is served the order. The court, law
22enforcement agency, or entity responsible for serving the order
23of protection shall notify the Department within 7 days and
24transmit the license to the Department.
25    (c) A license is invalid upon expiration of the license,

 

 

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1unless the licensee has submitted an application to renew the
2license, and the applicant is otherwise eligible to possess a
3license under this Act.
4    (d) A licensee shall not carry a concealed firearm while
5under the influence of alcohol, other drug or drugs,
6intoxicating compound or combination of compounds, or any
7combination thereof, under the standards set forth in
8subsection (a) of Section 11-501 of the Illinois Vehicle Code.
9    A licensee in violation of this subsection (d) shall be
10guilty of a Class A misdemeanor for a first or second violation
11and a Class 4 felony for a third violation. The Department may
12suspend a license for up to 6 months for a second violation and
13shall permanently revoke a license for a third violation.
14    (e) Except as otherwise provided, a licensee in violation
15of this Act shall be guilty of a Class B misdemeanor. A second
16or subsequent violation is a Class A misdemeanor. The
17Department may suspend a license for up to 6 months for a
18second violation and shall permanently revoke a license for 3
19or more violations of Section 65 of this Act. Any person
20convicted of a violation under this Section shall pay a $150
21fee to be deposited into the Mental Health Reporting Fund, plus
22any applicable court costs or fees.
23    (f) A licensee convicted or found guilty of a violation of
24this Act who has a valid license and is otherwise eligible to
25carry a concealed firearm shall only be subject to the
26penalties under this Section and shall not be subject to the

 

 

HB0492- 63 -LRB100 05310 SLF 15321 b

1penalties under Section 21-6, paragraph (4), (8), or (10) of
2subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
3of paragraph (3) of subsection (a) of Section 24-1.6 of the
4Criminal Code of 2012. Except as otherwise provided in this
5subsection, nothing in this subsection prohibits the licensee
6from being subjected to penalties for violations other than
7those specified in this Act.
8    (g) A licensee whose license is revoked, suspended, or
9denied shall, within 48 hours of receiving notice of the
10revocation, suspension, or denial, surrender his or her
11concealed carry license to the local law enforcement agency
12where the person resides. The local law enforcement agency
13shall provide the licensee a receipt and transmit the concealed
14carry license to the Department of State Police. If the
15licensee whose concealed carry license has been revoked,
16suspended, or denied fails to comply with the requirements of
17this subsection, the law enforcement agency where the person
18resides may petition the circuit court to issue a warrant to
19search for and seize the concealed carry license in the
20possession and under the custody or control of the licensee
21whose concealed carry license has been revoked, suspended, or
22denied. The observation of a concealed carry license in the
23possession of a person whose license has been revoked,
24suspended, or denied constitutes a sufficient basis for the
25arrest of that person for violation of this subsection. A
26violation of this subsection is a Class A misdemeanor.

 

 

HB0492- 64 -LRB100 05310 SLF 15321 b

1    (h) (Blank). A license issued or renewed under this Act
2shall be revoked if, at any time, the licensee is found
3ineligible for a Firearm Owner's Identification Card, or the
4licensee no longer possesses a valid Firearm Owner's
5Identification Card. A licensee whose license is revoked under
6this subsection (h) shall surrender his or her concealed carry
7license as provided for in subsection (g) of this Section.
8    This subsection shall not apply to a person who has filed
9an application with the State Police for renewal of a Firearm
10Owner's Identification Card and who is not otherwise ineligible
11to obtain a Firearm Owner's Identification Card.
12    (i) A certified firearms instructor who knowingly provides
13or offers to provide a false certification that an applicant
14has completed firearms training as required under this Act is
15guilty of a Class A misdemeanor. A person guilty of a violation
16of this subsection (i) is not eligible for court supervision.
17The Department shall permanently revoke the firearms
18instructor certification of a person convicted under this
19subsection (i).
20(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899,
21eff. 8-15-14.)
 
22    (430 ILCS 66/80)
23    Sec. 80. Certified firearms instructors.
24    (a) Within 60 days of the effective date of this Act, the
25Department shall begin approval of certified firearms

 

 

HB0492- 65 -LRB100 05310 SLF 15321 b

1instructors and enter certified firearms instructors into an
2online registry on the Department's website.
3    (b) A person who is not a certified firearms instructor
4shall not teach applicant training courses or advertise or
5otherwise represent courses they teach as qualifying their
6students to meet the requirements to receive a license under
7this Act. Each violation of this subsection is a business
8offense with a fine of at least $1,000 per violation.
9    (c) A person seeking to become a certified firearms
10instructor shall:
11        (1) be at least 21 years of age;
12        (2) be a legal resident of the United States; and
13        (3) meet the requirements of Section 25 of this Act,
14    except for the Illinois residency requirement in item (xiv)
15    of paragraph (2) of subsection (a) of Section 4 of the
16    Firearm Owners Identification Card Act; and any additional
17    uniformly applied requirements established by the
18    Department.
19    (d) A person seeking to become a certified firearms
20instructor, in addition to the requirements of subsection (c)
21of this Section, shall:
22        (1) possess a high school diploma or high school
23    equivalency certificate; and
24        (2) have at least one of the following valid firearms
25    instructor certifications:
26            (A) certification from a law enforcement agency;

 

 

HB0492- 66 -LRB100 05310 SLF 15321 b

1            (B) certification from a firearm instructor course
2        offered by a State or federal governmental agency;
3            (C) certification from a firearm instructor
4        qualification course offered by the Illinois Law
5        Enforcement Training Standards Board; or
6            (D) certification from an entity approved by the
7        Department that offers firearm instructor education
8        and training in the use and safety of firearms.
9    (e) A person may have his or her firearms instructor
10certification denied or revoked if he or she does not meet the
11requirements to obtain a license under this Act, provides false
12or misleading information to the Department, or has had a prior
13instructor certification revoked or denied by the Department.
14(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 98-718,
15eff. 1-1-15.)
 
16    (430 ILCS 66/105)
17    Sec. 105. Duty of school administrator. It is the duty of
18the principal of a public elementary or secondary school, or
19his or her designee, and the chief administrative officer of a
20private elementary or secondary school or a public or private
21community college, college, or university, or his or her
22designee, to report to the Department of State Police when a
23student is determined to pose a clear and present danger to
24himself, herself, or to others, within 24 hours of the
25determination as provided in Section 6-103.3 of the Mental

 

 

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1Health and Developmental Disabilities Code. "Clear and present
2danger" has the meaning as provided in paragraph (2) of the
3definition of "clear and present danger" in Section 6-103.3 of
4the Mental Health and Developmental Disabilities Code 1.1 of
5the Firearm Owners Identification Card Act.
6(Source: P.A. 98-63, eff. 7-9-13.)
 
7    Section 70. The Wildlife Code is amended by changing
8Sections 3.2 and 3.2a as follows:
 
9    (520 ILCS 5/3.2)  (from Ch. 61, par. 3.2)
10    Sec. 3.2. Hunting license; application; instruction.
11Before the Department or any county, city, village, township,
12incorporated town clerk or his duly designated agent or any
13other person authorized or designated by the Department to
14issue hunting licenses shall issue a hunting license to any
15person, the person shall file his application with the
16Department or other party authorized to issue licenses on a
17form provided by the Department and further give definite proof
18of identity and place of legal residence. Each clerk
19designating agents to issue licenses and stamps shall furnish
20the Department, within 10 days following the appointment, the
21names and mailing addresses of the agents. Each clerk or his
22duly designated agent shall be authorized to sell licenses and
23stamps only within the territorial area for which he was
24elected or appointed. No duly designated agent is authorized to

 

 

HB0492- 68 -LRB100 05310 SLF 15321 b

1furnish licenses or stamps for issuance by any other business
2establishment. Each application shall be executed and sworn to
3and shall set forth the name and description of the applicant
4and place of residence.
5    No hunting license shall be issued to any person born on or
6after January 1, 1980 unless he presents the person authorized
7to issue the license evidence that he has held a hunting
8license issued by the State of Illinois or another state in a
9prior year, or a certificate of competency as provided in this
10Section. Persons under 16 years of age may be issued a Lifetime
11Hunting or Sportsmen's Combination License as provided under
12Section 20-45 of the Fish and Aquatic Life Code but shall not
13be entitled to hunt unless they have a certificate of
14competency as provided in this Section and they shall have the
15certificate in their possession while hunting.
16    The Department of Natural Resources shall authorize
17personnel of the Department or certified volunteer instructors
18to conduct courses, of not less than 10 hours in length, in
19firearms and hunter safety, which may include training in bow
20and arrow safety, at regularly specified intervals throughout
21the State. Persons successfully completing the course shall
22receive a certificate of competency. The Department of Natural
23Resources may further cooperate with any reputable association
24or organization in establishing courses if the organization has
25as one of its objectives the promotion of safety in the
26handling of firearms or bow and arrow.

 

 

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1    The Department of Natural Resources shall designate any
2person found by it to be competent to give instruction in the
3handling of firearms, hunter safety, and bow and arrow. The
4persons so appointed shall give the course of instruction and
5upon the successful completion shall issue to the person
6instructed a certificate of competency in the safe handling of
7firearms, hunter safety, and bow and arrow. No charge shall be
8made for any course of instruction except for materials or
9ammunition consumed. The Department of Natural Resources shall
10furnish information on the requirements of hunter safety
11education programs to be distributed free of charge to
12applicants for hunting licenses by the persons appointed and
13authorized to issue licenses. Funds for the conducting of
14firearms and hunter safety courses shall be taken from the fee
15charged for the Firearm Owners Identification Card.
16    The fee for a hunting license to hunt all species for a
17resident of Illinois is $12. For residents age 65 or older,
18and, commencing with the 2012 license year, resident veterans
19of the United States Armed Forces after returning from service
20abroad or mobilization by the President of the United States,
21the fee is one-half of the fee charged for a hunting license to
22hunt all species for a resident of Illinois. Veterans must
23provide to the Department, at one of the Department's 5
24regional offices, verification of their service. The
25Department shall establish what constitutes suitable
26verification of service for the purpose of issuing resident

 

 

HB0492- 70 -LRB100 05310 SLF 15321 b

1veterans hunting licenses at a reduced fee. The fee for a
2hunting license to hunt all species shall be $1 for residents
3over 75 years of age. Nonresidents shall be charged $57 for a
4hunting license.
5    Nonresidents may be issued a nonresident hunting license
6for a period not to exceed 10 consecutive days' hunting in the
7State and shall be charged a fee of $35.
8    A special nonresident hunting license authorizing a
9nonresident to take game birds by hunting on a game breeding
10and hunting preserve area only, established under Section 3.27,
11shall be issued upon proper application being made and payment
12of a fee equal to that for a resident hunting license. The
13expiration date of this license shall be on the same date each
14year that game breeding and hunting preserve area licenses
15expire.
16    Each applicant for a State Migratory Waterfowl Stamp,
17regardless of his residence or other condition, shall pay a fee
18of $15 and shall receive a stamp. The fee for a State Migratory
19Waterfowl Stamp shall be waived for residents over 75 years of
20age. Except as provided under Section 20-45 of the Fish and
21Aquatic Life Code, the stamp shall be signed by the person or
22affixed to his license or permit in a space designated by the
23Department for that purpose.
24    Each applicant for a State Habitat Stamp, regardless of his
25residence or other condition, shall pay a fee of $5 and shall
26receive a stamp. The fee for a State Habitat Stamp shall be

 

 

HB0492- 71 -LRB100 05310 SLF 15321 b

1waived for residents over 75 years of age. Except as provided
2under Section 20-45 of the Fish and Aquatic Life Code, the
3stamp shall be signed by the person or affixed to his license
4or permit in a space designated by the Department for that
5purpose.
6    Nothing in this Section shall be construed as to require
7the purchase of more than one State Habitat Stamp by any person
8in any one license year.
9    The fees for State Pheasant Stamps and State Furbearer
10Stamps shall be waived for residents over 75 years of age.
11    The Department shall furnish the holders of hunting
12licenses and stamps with an insignia as evidence of possession
13of license, or license and stamp, as the Department may
14consider advisable. The insignia shall be exhibited and used as
15the Department may order.
16    All other hunting licenses and all State stamps shall
17expire upon March 31 of each year.
18    Every person holding any license, permit, or stamp issued
19under the provisions of this Act shall have it in his
20possession for immediate presentation for inspection to the
21officers and authorized employees of the Department, any
22sheriff, deputy sheriff, or any other peace officer making a
23demand for it. This provision shall not apply to Department
24owned or managed sites where it is required that all hunters
25deposit their license or , permit , or Firearm Owner's
26Identification Card at the check station upon entering the

 

 

HB0492- 72 -LRB100 05310 SLF 15321 b

1hunting areas.
2(Source: P.A. 97-498, eff. 4-1-12; 98-800, eff. 8-1-14.)
 
3    (520 ILCS 5/3.2a)  (from Ch. 61, par. 3.2a)
4    Sec. 3.2a. Every person holding any license, permit or
5stamp issued under the provisions hereof shall have it in his
6possession for immediate presentation for inspection to the
7officers and authorized employees of the Department, any
8sheriff, deputy sheriff or any other peace officer making a
9demand for it. This provision shall not apply to Department
10owned or managed sites where it is required that all hunters
11deposit their license or , permit or Firearm Owner's
12Identification Card at the check station upon entering the
13hunting areas.
14(Source: P.A. 85-152.)
 
15    Section 75. The Clerks of Courts Act is amended by changing
16Section 27.3a as follows:
 
17    (705 ILCS 105/27.3a)
18    Sec. 27.3a. Fees for automated record keeping, probation
19and court services operations, State and Conservation Police
20operations, and e-business programs.
21    1. The expense of establishing and maintaining automated
22record keeping systems in the offices of the clerks of the
23circuit court shall be borne by the county. To defray such

 

 

HB0492- 73 -LRB100 05310 SLF 15321 b

1expense in any county having established such an automated
2system or which elects to establish such a system, the county
3board may require the clerk of the circuit court in their
4county to charge and collect a court automation fee of not less
5than $1 nor more than $25 to be charged and collected by the
6clerk of the court. Such fee shall be paid at the time of
7filing the first pleading, paper or other appearance filed by
8each party in all civil cases or by the defendant in any
9felony, traffic, misdemeanor, municipal ordinance, or
10conservation case upon a judgment of guilty or grant of
11supervision, provided that the record keeping system which
12processes the case category for which the fee is charged is
13automated or has been approved for automation by the county
14board, and provided further that no additional fee shall be
15required if more than one party is presented in a single
16pleading, paper or other appearance. Such fee shall be
17collected in the manner in which all other fees or costs are
18collected.
19    1.1. Starting on July 6, 2012 (the effective date of Public
20Act 97-761) and pursuant to an administrative order from the
21chief judge of the circuit or the presiding judge of the county
22authorizing such collection, a clerk of the circuit court in
23any county that imposes a fee pursuant to subsection 1 of this
24Section shall also charge and collect an additional $10
25operations fee for probation and court services department
26operations.

 

 

HB0492- 74 -LRB100 05310 SLF 15321 b

1    This additional fee shall be paid by the defendant in any
2felony, traffic, misdemeanor, local ordinance, or conservation
3case upon a judgment of guilty or grant of supervision, except
4such $10 operations fee shall not be charged and collected in
5cases governed by Supreme Court Rule 529 in which the bail
6amount is $120 or less.
7    1.2. With respect to the fee imposed and collected under
8subsection 1.1 of this Section, each clerk shall transfer all
9fees monthly to the county treasurer for deposit into the
10probation and court services fund created under Section 15.1 of
11the Probation and Probation Officers Act, and such monies shall
12be disbursed from the fund only at the direction of the chief
13judge of the circuit or another judge designated by the Chief
14Circuit Judge in accordance with the policies and guidelines
15approved by the Supreme Court.
16    1.5. Starting on June 1, 2014, a clerk of the circuit court
17in any county that imposes a fee pursuant to subsection 1 of
18this Section, shall charge and collect an additional fee in an
19amount equal to the amount of the fee imposed pursuant to
20subsection 1 of this Section, except the fee imposed under this
21subsection may not be more than $15. This additional fee shall
22be paid by the defendant in any felony, traffic, misdemeanor,
23or local ordinance case upon a judgment of guilty or grant of
24supervision. This fee shall not be paid by the defendant for
25any violation listed in subsection 1.6 of this Section.
26    1.6. Starting on June 1, 2014, a clerk of the circuit court

 

 

HB0492- 75 -LRB100 05310 SLF 15321 b

1in any county that imposes a fee pursuant to subsection 1 of
2this Section shall charge and collect an additional fee in an
3amount equal to the amount of the fee imposed pursuant to
4subsection 1 of this Section, except the fee imposed under this
5subsection may not be more than $15. This additional fee shall
6be paid by the defendant upon a judgment of guilty or grant of
7supervision for a violation under the State Parks Act, the
8Recreational Trails of Illinois Act, the Illinois Explosives
9Act, the Timber Buyers Licensing Act, the Forest Products
10Transportation Act, the Firearm Owners Identification Card
11Act, the Environmental Protection Act, the Fish and Aquatic
12Life Code, the Wildlife Code, the Cave Protection Act, the
13Illinois Exotic Weed Act, the Illinois Forestry Development
14Act, the Ginseng Harvesting Act, the Illinois Lake Management
15Program Act, the Illinois Natural Areas Preservation Act, the
16Illinois Open Land Trust Act, the Open Space Lands Acquisition
17and Development Act, the Illinois Prescribed Burning Act, the
18State Forest Act, the Water Use Act of 1983, the Illinois
19Veteran, Youth, and Young Adult Conservation Jobs Act, the
20Snowmobile Registration and Safety Act, the Boat Registration
21and Safety Act, the Illinois Dangerous Animals Act, the Hunter
22and Fishermen Interference Prohibition Act, the Wrongful Tree
23Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427,
2411-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of
25the Illinois Vehicle Code, or Section 48-3 or 48-10 of the
26Criminal Code of 2012.

 

 

HB0492- 76 -LRB100 05310 SLF 15321 b

1    1.7. Starting on the 30th day after the effective date of
2this amendatory Act of the 99th General Assembly, a clerk of
3the circuit court in any county that imposes a fee pursuant to
4subsection 1 of this Section shall also charge and collect an
5additional $9 e-business fee. The fee shall be paid at the time
6of filing the first pleading, paper, or other appearance filed
7by each party in all civil cases, except no additional fee
8shall be required if more than one party is presented in a
9single pleading, paper, or other appearance. The fee shall be
10collected in the manner in which all other fees or costs are
11collected. The fee shall be in addition to all other fees and
12charges of the clerk, and assessable as costs, and may be
13waived only if the judge specifically provides for the waiver
14of the e-business fee. The fee shall not be charged in any
15matter coming to the clerk on a change of venue, nor in any
16proceeding to review the decision of any administrative
17officer, agency, or body.
18    2. With respect to the fee imposed under subsection 1 of
19this Section, each clerk shall commence such charges and
20collections upon receipt of written notice from the chairman of
21the county board together with a certified copy of the board's
22resolution, which the clerk shall file of record in his office.
23    3. With respect to the fee imposed under subsection 1 of
24this Section, such fees shall be in addition to all other fees
25and charges of such clerks, and assessable as costs, and may be
26waived only if the judge specifically provides for the waiver

 

 

HB0492- 77 -LRB100 05310 SLF 15321 b

1of the court automation fee. The fees shall be remitted monthly
2by such clerk to the county treasurer, to be retained by him in
3a special fund designated as the court automation fund. The
4fund shall be audited by the county auditor, and the board
5shall make expenditure from the fund in payment of any cost
6related to the automation of court records, including hardware,
7software, research and development costs and personnel related
8thereto, provided that the expenditure is approved by the clerk
9of the court and by the chief judge of the circuit court or his
10designate.
11    4. With respect to the fee imposed under subsection 1 of
12this Section, such fees shall not be charged in any matter
13coming to any such clerk on change of venue, nor in any
14proceeding to review the decision of any administrative
15officer, agency or body.
16    5. With respect to the additional fee imposed under
17subsection 1.5 of this Section, the fee shall be remitted by
18the circuit clerk to the State Treasurer within one month after
19receipt for deposit into the State Police Operations Assistance
20Fund.
21    6. With respect to the additional fees imposed under
22subsection 1.5 of this Section, the Director of State Police
23may direct the use of these fees for homeland security purposes
24by transferring these fees on a quarterly basis from the State
25Police Operations Assistance Fund into the Illinois Law
26Enforcement Alarm Systems (ILEAS) Fund for homeland security

 

 

HB0492- 78 -LRB100 05310 SLF 15321 b

1initiatives programs. The transferred fees shall be allocated,
2subject to the approval of the ILEAS Executive Board, as
3follows: (i) 66.6% shall be used for homeland security
4initiatives and (ii) 33.3% shall be used for airborne
5operations. The ILEAS Executive Board shall annually supply the
6Director of State Police with a report of the use of these
7fees.
8    7. With respect to the additional fee imposed under
9subsection 1.6 of this Section, the fee shall be remitted by
10the circuit clerk to the State Treasurer within one month after
11receipt for deposit into the Conservation Police Operations
12Assistance Fund.
13    8. With respect to the fee imposed under subsection 1.7 of
14this Section, the clerk shall remit the fee to the State
15Treasurer within one month after receipt for deposit into the
16Supreme Court Special Purposes Fund. Unless otherwise
17authorized by this Act, the moneys deposited into the Supreme
18Court Special Purposes Fund under this subsection are not
19subject to administrative charges or chargebacks under Section
2020 of the State Treasurer Act.
21(Source: P.A. 98-375, eff. 8-16-13; 98-606, eff. 6-1-14;
2298-1016, eff. 8-22-14; 99-859, eff. 8-19-16.)
 
23    Section 80. The Criminal Code of 2012 is amended by
24changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1,
2524-1.1, 24-1.6, 24-1.8, 24-2, 24-3, 24-3.1, 24-3.2, 24-3.4,

 

 

HB0492- 79 -LRB100 05310 SLF 15321 b

124-3.5, 24-4.1, and 24-9 and adding Section 24-4.5 as follows:
 
2    (720 ILCS 5/2-7.1)
3    Sec. 2-7.1. "Firearm "Firearm" and "firearm ammunition".
4"Firearm "Firearm" and "firearm ammunition" means any
5self-contained cartridge or shotgun shell, by whatever name
6known, which is designed to be used or adaptable to use in a
7firearm; excluding, however:
8    (1) any ammunition exclusively designed for use with a
9device used exclusively for signalling or safety and required
10or recommended by the United States Coast Guard or the
11Interstate Commerce Commission; and
12    (2) any ammunition designed exclusively for use with a stud
13or rivet driver or other similar industrial ammunition have the
14meanings ascribed to them in Section 1.1 of the Firearm Owners
15Identification Card Act.
16(Source: P.A. 91-544, eff. 1-1-00.)
 
17    (720 ILCS 5/2-7.5)
18    Sec. 2-7.5. "Firearm". Except as otherwise provided in a
19specific Section, "firearm" means any device, by whatever name
20known, which is designed to expel a projectile or projectiles
21by the action of an explosion, expansion of gas or escape of
22gas; excluding, however:
23    (1) any pneumatic gun, spring gun, paint ball gun, or B-B
24gun which expels a single globular projectile not exceeding .18

 

 

HB0492- 80 -LRB100 05310 SLF 15321 b

1inch in diameter or which has a maximum muzzle velocity of less
2than 700 feet per second;
3    (1.1) any pneumatic gun, spring gun, paint ball gun, or B-B
4gun which expels breakable paint balls containing washable
5marking colors;
6    (2) any device used exclusively for signalling or safety
7and required or recommended by the United States Coast Guard or
8the Interstate Commerce Commission;
9    (3) any device used exclusively for the firing of stud
10cartridges, explosive rivets, or similar industrial
11ammunition; and
12    (4) an antique firearm (other than a machine-gun) which,
13although designed as a weapon, the Department of State Police
14finds by reason of the date of its manufacture, value, design,
15and other characteristics is primarily a collector's item and
16is not likely to be used as a weapon has the meaning ascribed
17to it in Section 1.1 of the Firearm Owners Identification Card
18Act.
19(Source: P.A. 95-331, eff. 8-21-07.)
 
20    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
21    Sec. 12-3.05. Aggravated battery.
22    (a) Offense based on injury. A person commits aggravated
23battery when, in committing a battery, other than by the
24discharge of a firearm, he or she knowingly does any of the
25following:

 

 

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1        (1) Causes great bodily harm or permanent disability or
2    disfigurement.
3        (2) Causes severe and permanent disability, great
4    bodily harm, or disfigurement by means of a caustic or
5    flammable substance, a poisonous gas, a deadly biological
6    or chemical contaminant or agent, a radioactive substance,
7    or a bomb or explosive compound.
8        (3) Causes great bodily harm or permanent disability or
9    disfigurement to an individual whom the person knows to be
10    a peace officer, community policing volunteer, fireman,
11    private security officer, correctional institution
12    employee, or Department of Human Services employee
13    supervising or controlling sexually dangerous persons or
14    sexually violent persons:
15            (i) performing his or her official duties;
16            (ii) battered to prevent performance of his or her
17        official duties; or
18            (iii) battered in retaliation for performing his
19        or her official duties.
20        (4) Causes great bodily harm or permanent disability or
21    disfigurement to an individual 60 years of age or older.
22        (5) Strangles another individual.
23    (b) Offense based on injury to a child or person with an
24intellectual disability. A person who is at least 18 years of
25age commits aggravated battery when, in committing a battery,
26he or she knowingly and without legal justification by any

 

 

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1means:
2        (1) causes great bodily harm or permanent disability or
3    disfigurement to any child under the age of 13 years, or to
4    any person with a severe or profound intellectual
5    disability; or
6        (2) causes bodily harm or disability or disfigurement
7    to any child under the age of 13 years or to any person
8    with a severe or profound intellectual disability.
9    (c) Offense based on location of conduct. A person commits
10aggravated battery when, in committing a battery, other than by
11the discharge of a firearm, he or she is or the person battered
12is on or about a public way, public property, a public place of
13accommodation or amusement, a sports venue, or a domestic
14violence shelter.
15    (d) Offense based on status of victim. A person commits
16aggravated battery when, in committing a battery, other than by
17discharge of a firearm, he or she knows the individual battered
18to be any of the following:
19        (1) A person 60 years of age or older.
20        (2) A person who is pregnant or has a physical
21    disability.
22        (3) A teacher or school employee upon school grounds or
23    grounds adjacent to a school or in any part of a building
24    used for school purposes.
25        (4) A peace officer, community policing volunteer,
26    fireman, private security officer, correctional

 

 

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1    institution employee, or Department of Human Services
2    employee supervising or controlling sexually dangerous
3    persons or sexually violent persons:
4            (i) performing his or her official duties;
5            (ii) battered to prevent performance of his or her
6        official duties; or
7            (iii) battered in retaliation for performing his
8        or her official duties.
9        (5) A judge, emergency management worker, emergency
10    medical services personnel, or utility worker:
11            (i) performing his or her official duties;
12            (ii) battered to prevent performance of his or her
13        official duties; or
14            (iii) battered in retaliation for performing his
15        or her official duties.
16        (6) An officer or employee of the State of Illinois, a
17    unit of local government, or a school district, while
18    performing his or her official duties.
19        (7) A transit employee performing his or her official
20    duties, or a transit passenger.
21        (8) A taxi driver on duty.
22        (9) A merchant who detains the person for an alleged
23    commission of retail theft under Section 16-26 of this Code
24    and the person without legal justification by any means
25    causes bodily harm to the merchant.
26        (10) A person authorized to serve process under Section

 

 

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1    2-202 of the Code of Civil Procedure or a special process
2    server appointed by the circuit court while that individual
3    is in the performance of his or her duties as a process
4    server.
5        (11) A nurse while in the performance of his or her
6    duties as a nurse.
7    (e) Offense based on use of a firearm. A person commits
8aggravated battery when, in committing a battery, he or she
9knowingly does any of the following:
10        (1) Discharges a firearm, other than a machine gun or a
11    firearm equipped with a silencer, and causes any injury to
12    another person.
13        (2) Discharges a firearm, other than a machine gun or a
14    firearm equipped with a silencer, and causes any injury to
15    a person he or she knows to be a peace officer, community
16    policing volunteer, person summoned by a police officer,
17    fireman, private security officer, correctional
18    institution employee, or emergency management worker:
19            (i) performing his or her official duties;
20            (ii) battered to prevent performance of his or her
21        official duties; or
22            (iii) battered in retaliation for performing his
23        or her official duties.
24        (3) Discharges a firearm, other than a machine gun or a
25    firearm equipped with a silencer, and causes any injury to
26    a person he or she knows to be emergency medical services

 

 

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1    personnel:
2            (i) performing his or her official duties;
3            (ii) battered to prevent performance of his or her
4        official duties; or
5            (iii) battered in retaliation for performing his
6        or her official duties.
7        (4) Discharges a firearm and causes any injury to a
8    person he or she knows to be a teacher, a student in a
9    school, or a school employee, and the teacher, student, or
10    employee is upon school grounds or grounds adjacent to a
11    school or in any part of a building used for school
12    purposes.
13        (5) Discharges a machine gun or a firearm equipped with
14    a silencer, and causes any injury to another person.
15        (6) Discharges a machine gun or a firearm equipped with
16    a silencer, and causes any injury to a person he or she
17    knows to be a peace officer, community policing volunteer,
18    person summoned by a police officer, fireman, private
19    security officer, correctional institution employee or
20    emergency management worker:
21            (i) performing his or her official duties;
22            (ii) battered to prevent performance of his or her
23        official duties; or
24            (iii) battered in retaliation for performing his
25        or her official duties.
26        (7) Discharges a machine gun or a firearm equipped with

 

 

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1    a silencer, and causes any injury to a person he or she
2    knows to be emergency medical services personnel:
3            (i) performing his or her official duties;
4            (ii) battered to prevent performance of his or her
5        official duties; or
6            (iii) battered in retaliation for performing his
7        or her official duties.
8        (8) Discharges a machine gun or a firearm equipped with
9    a silencer, and causes any injury to a person he or she
10    knows to be a teacher, or a student in a school, or a
11    school employee, and the teacher, student, or employee is
12    upon school grounds or grounds adjacent to a school or in
13    any part of a building used for school purposes.
14    (f) Offense based on use of a weapon or device. A person
15commits aggravated battery when, in committing a battery, he or
16she does any of the following:
17        (1) Uses a deadly weapon other than by discharge of a
18    firearm, or uses an air rifle as defined in Section
19    24.8-0.1 of this Code.
20        (2) Wears a hood, robe, or mask to conceal his or her
21    identity.
22        (3) Knowingly and without lawful justification shines
23    or flashes a laser gunsight or other laser device attached
24    to a firearm, or used in concert with a firearm, so that
25    the laser beam strikes upon or against the person of
26    another.

 

 

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1        (4) Knowingly video or audio records the offense with
2    the intent to disseminate the recording.
3    (g) Offense based on certain conduct. A person commits
4aggravated battery when, other than by discharge of a firearm,
5he or she does any of the following:
6        (1) Violates Section 401 of the Illinois Controlled
7    Substances Act by unlawfully delivering a controlled
8    substance to another and any user experiences great bodily
9    harm or permanent disability as a result of the injection,
10    inhalation, or ingestion of any amount of the controlled
11    substance.
12        (2) Knowingly administers to an individual or causes
13    him or her to take, without his or her consent or by threat
14    or deception, and for other than medical purposes, any
15    intoxicating, poisonous, stupefying, narcotic, anesthetic,
16    or controlled substance, or gives to another person any
17    food containing any substance or object intended to cause
18    physical injury if eaten.
19        (3) Knowingly causes or attempts to cause a
20    correctional institution employee or Department of Human
21    Services employee to come into contact with blood, seminal
22    fluid, urine, or feces by throwing, tossing, or expelling
23    the fluid or material, and the person is an inmate of a
24    penal institution or is a sexually dangerous person or
25    sexually violent person in the custody of the Department of
26    Human Services.

 

 

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1    (h) Sentence. Unless otherwise provided, aggravated
2battery is a Class 3 felony.
3    Aggravated battery as defined in subdivision (a)(4),
4(d)(4), or (g)(3) is a Class 2 felony.
5    Aggravated battery as defined in subdivision (a)(3) or
6(g)(1) is a Class 1 felony.
7    Aggravated battery as defined in subdivision (a)(1) is a
8Class 1 felony when the aggravated battery was intentional and
9involved the infliction of torture, as defined in paragraph
10(14) of subsection (b) of Section 9-1 of this Code, as the
11infliction of or subjection to extreme physical pain, motivated
12by an intent to increase or prolong the pain, suffering, or
13agony of the victim.
14    Aggravated battery under subdivision (a)(5) is a Class 1
15felony if:
16        (A) the person used or attempted to use a dangerous
17    instrument while committing the offense; or
18        (B) the person caused great bodily harm or permanent
19    disability or disfigurement to the other person while
20    committing the offense; or
21        (C) the person has been previously convicted of a
22    violation of subdivision (a)(5) under the laws of this
23    State or laws similar to subdivision (a)(5) of any other
24    state.
25    Aggravated battery as defined in subdivision (e)(1) is a
26Class X felony.

 

 

HB0492- 89 -LRB100 05310 SLF 15321 b

1    Aggravated battery as defined in subdivision (a)(2) is a
2Class X felony for which a person shall be sentenced to a term
3of imprisonment of a minimum of 6 years and a maximum of 45
4years.
5    Aggravated battery as defined in subdivision (e)(5) is a
6Class X felony for which a person shall be sentenced to a term
7of imprisonment of a minimum of 12 years and a maximum of 45
8years.
9    Aggravated battery as defined in subdivision (e)(2),
10(e)(3), or (e)(4) is a Class X felony for which a person shall
11be sentenced to a term of imprisonment of a minimum of 15 years
12and a maximum of 60 years.
13    Aggravated battery as defined in subdivision (e)(6),
14(e)(7), or (e)(8) is a Class X felony for which a person shall
15be sentenced to a term of imprisonment of a minimum of 20 years
16and a maximum of 60 years.
17    Aggravated battery as defined in subdivision (b)(1) is a
18Class X felony, except that:
19        (1) if the person committed the offense while armed
20    with a firearm, 15 years shall be added to the term of
21    imprisonment imposed by the court;
22        (2) if, during the commission of the offense, the
23    person personally discharged a firearm, 20 years shall be
24    added to the term of imprisonment imposed by the court;
25        (3) if, during the commission of the offense, the
26    person personally discharged a firearm that proximately

 

 

HB0492- 90 -LRB100 05310 SLF 15321 b

1    caused great bodily harm, permanent disability, permanent
2    disfigurement, or death to another person, 25 years or up
3    to a term of natural life shall be added to the term of
4    imprisonment imposed by the court.
5    (i) Definitions. For the purposes of this Section:
6    "Building or other structure used to provide shelter" has
7the meaning ascribed to "shelter" in Section 1 of the Domestic
8Violence Shelters Act.
9    "Domestic violence" has the meaning ascribed to it in
10Section 103 of the Illinois Domestic Violence Act of 1986.
11    "Domestic violence shelter" means any building or other
12structure used to provide shelter or other services to victims
13or to the dependent children of victims of domestic violence
14pursuant to the Illinois Domestic Violence Act of 1986 or the
15Domestic Violence Shelters Act, or any place within 500 feet of
16such a building or other structure in the case of a person who
17is going to or from such a building or other structure.
18    "Firearm" has the meaning provided under Section 2-7.5 of
19this Code 1.1 of the Firearm Owners Identification Card Act,
20and does not include an air rifle as defined by Section
2124.8-0.1 of this Code.
22    "Machine gun" has the meaning ascribed to it in Section
2324-1 of this Code.
24    "Merchant" has the meaning ascribed to it in Section 16-0.1
25of this Code.
26    "Strangle" means intentionally impeding the normal

 

 

HB0492- 91 -LRB100 05310 SLF 15321 b

1breathing or circulation of the blood of an individual by
2applying pressure on the throat or neck of that individual or
3by blocking the nose or mouth of that individual.
4(Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756,
5eff. 7-16-14; 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)
 
6    (720 ILCS 5/16-0.1)
7    Sec. 16-0.1. Definitions. In this Article, unless the
8context clearly requires otherwise, the following terms are
9defined as indicated:
10    "Access" means to use, instruct, communicate with, store
11data in, retrieve or intercept data from, or otherwise utilize
12any services of a computer.
13    "Coin-operated machine" includes any automatic vending
14machine or any part thereof, parking meter, coin telephone,
15coin-operated transit turnstile, transit fare box, coin
16laundry machine, coin dry cleaning machine, amusement machine,
17music machine, vending machine dispensing goods or services, or
18money changer.
19    "Communication device" means any type of instrument,
20device, machine, or equipment which is capable of transmitting,
21acquiring, decrypting, or receiving any telephonic,
22electronic, data, Internet access, audio, video, microwave, or
23radio transmissions, signals, communications, or services,
24including the receipt, acquisition, transmission, or
25decryption of all such communications, transmissions, signals,

 

 

HB0492- 92 -LRB100 05310 SLF 15321 b

1or services provided by or through any cable television, fiber
2optic, telephone, satellite, microwave, radio, Internet-based,
3data transmission, or wireless distribution network, system or
4facility; or any part, accessory, or component thereof,
5including any computer circuit, security module, smart card,
6software, computer chip, electronic mechanism or other
7component, accessory or part of any communication device which
8is capable of facilitating the transmission, decryption,
9acquisition or reception of all such communications,
10transmissions, signals, or services.
11    "Communication service" means any service lawfully
12provided for a charge or compensation to facilitate the lawful
13origination, transmission, emission, or reception of signs,
14signals, data, writings, images, and sounds or intelligence of
15any nature by telephone, including cellular telephones or a
16wire, wireless, radio, electromagnetic, photo-electronic or
17photo-optical system; and also any service lawfully provided by
18any radio, telephone, cable television, fiber optic,
19satellite, microwave, Internet-based or wireless distribution
20network, system, facility or technology, including, but not
21limited to, any and all electronic, data, video, audio,
22Internet access, telephonic, microwave and radio
23communications, transmissions, signals and services, and any
24such communications, transmissions, signals and services
25lawfully provided directly or indirectly by or through any of
26those networks, systems, facilities or technologies.

 

 

HB0492- 93 -LRB100 05310 SLF 15321 b

1    "Communication service provider" means: (1) any person or
2entity providing any communication service, whether directly
3or indirectly, as a reseller, including, but not limited to, a
4cellular, paging or other wireless communications company or
5other person or entity which, for a fee, supplies the facility,
6cell site, mobile telephone switching office or other equipment
7or communication service; (2) any person or entity owning or
8operating any cable television, fiber optic, satellite,
9telephone, wireless, microwave, radio, data transmission or
10Internet-based distribution network, system or facility; and
11(3) any person or entity providing any communication service
12directly or indirectly by or through any such distribution
13system, network or facility.
14    "Computer" means a device that accepts, processes, stores,
15retrieves or outputs data, and includes but is not limited to
16auxiliary storage and telecommunications devices connected to
17computers.
18    "Continuing course of conduct" means a series of acts, and
19the accompanying mental state necessary for the crime in
20question, irrespective of whether the series of acts are
21continuous or intermittent.
22    "Delivery container" means any bakery basket of wire or
23plastic used to transport or store bread or bakery products,
24any dairy case of wire or plastic used to transport or store
25dairy products, and any dolly or cart of 2 or 4 wheels used to
26transport or store any bakery or dairy product.

 

 

HB0492- 94 -LRB100 05310 SLF 15321 b

1    "Document-making implement" means any implement,
2impression, template, computer file, computer disc, electronic
3device, computer hardware, computer software, instrument, or
4device that is used to make a real or fictitious or fraudulent
5personal identification document.
6    "Financial transaction device" means any of the following:
7        (1) An electronic funds transfer card.
8        (2) A credit card.
9        (3) A debit card.
10        (4) A point-of-sale card.
11        (5) Any instrument, device, card, plate, code, account
12    number, personal identification number, or a record or copy
13    of a code, account number, or personal identification
14    number or other means of access to a credit account or
15    deposit account, or a driver's license or State
16    identification card used to access a proprietary account,
17    other than access originated solely by a paper instrument,
18    that can be used alone or in conjunction with another
19    access device, for any of the following purposes:
20            (A) Obtaining money, cash refund or credit
21        account, credit, goods, services, or any other thing of
22        value.
23            (B) Certifying or guaranteeing to a person or
24        business the availability to the device holder of funds
25        on deposit to honor a draft or check payable to the
26        order of that person or business.

 

 

HB0492- 95 -LRB100 05310 SLF 15321 b

1            (C) Providing the device holder access to a deposit
2        account for the purpose of making deposits,
3        withdrawing funds, transferring funds between deposit
4        accounts, obtaining information pertaining to a
5        deposit account, or making an electronic funds
6        transfer.
7    "Full retail value" means the merchant's stated or
8advertised price of the merchandise. "Full retail value"
9includes the aggregate value of property obtained from retail
10thefts committed by the same person as part of a continuing
11course of conduct from one or more mercantile establishments in
12a single transaction or in separate transactions over a period
13of one year.
14    "Internet" means an interactive computer service or system
15or an information service, system, or access software provider
16that provides or enables computer access by multiple users to a
17computer server, and includes, but is not limited to, an
18information service, system, or access software provider that
19provides access to a network system commonly known as the
20Internet, or any comparable system or service and also
21includes, but is not limited to, a World Wide Web page,
22newsgroup, message board, mailing list, or chat area on any
23interactive computer service or system or other online service.
24    "Library card" means a card or plate issued by a library
25facility for purposes of identifying the person to whom the
26library card was issued as authorized to borrow library

 

 

HB0492- 96 -LRB100 05310 SLF 15321 b

1material, subject to all limitations and conditions imposed on
2the borrowing by the library facility issuing such card.
3    "Library facility" includes any public library or museum,
4or any library or museum of an educational, historical or
5eleemosynary institution, organization or society.
6    "Library material" includes any book, plate, picture,
7photograph, engraving, painting, sculpture, statue, artifact,
8drawing, map, newspaper, pamphlet, broadside, magazine,
9manuscript, document, letter, microfilm, sound recording,
10audiovisual material, magnetic or other tape, electronic data
11processing record or other documentary, written or printed
12material regardless of physical form or characteristics, or any
13part thereof, belonging to, or on loan to or otherwise in the
14custody of a library facility.
15    "Manufacture or assembly of an unlawful access device"
16means to make, produce or assemble an unlawful access device or
17to modify, alter, program or re-program any instrument, device,
18machine, equipment or software so that it is capable of
19defeating or circumventing any technology, device or software
20used by the provider, owner or licensee of a communication
21service or of any data, audio or video programs or
22transmissions to protect any such communication, data, audio or
23video services, programs or transmissions from unauthorized
24access, acquisition, disclosure, receipt, decryption,
25communication, transmission or re-transmission.
26    "Manufacture or assembly of an unlawful communication

 

 

HB0492- 97 -LRB100 05310 SLF 15321 b

1device" means to make, produce or assemble an unlawful
2communication or wireless device or to modify, alter, program
3or reprogram a communication or wireless device to be capable
4of acquiring, disrupting, receiving, transmitting, decrypting,
5or facilitating the acquisition, disruption, receipt,
6transmission or decryption of, a communication service without
7the express consent or express authorization of the
8communication service provider, or to knowingly assist others
9in those activities.
10    "Master sound recording" means the original physical
11object on which a given set of sounds were first recorded and
12which the original object from which all subsequent sound
13recordings embodying the same set of sounds are directly or
14indirectly derived.
15    "Merchandise" means any item of tangible personal
16property, including motor fuel.
17    "Merchant" means an owner or operator of any retail
18mercantile establishment or any agent, employee, lessee,
19consignee, officer, director, franchisee, or independent
20contractor of the owner or operator. "Merchant" also means a
21person who receives from an authorized user of a payment card,
22or someone the person believes to be an authorized user, a
23payment card or information from a payment card, or what the
24person believes to be a payment card or information from a
25payment card, as the instrument for obtaining, purchasing or
26receiving goods, services, money, or anything else of value

 

 

HB0492- 98 -LRB100 05310 SLF 15321 b

1from the person.
2    "Motor fuel" means a liquid, regardless of its properties,
3used to propel a vehicle, including gasoline and diesel.
4    "Online" means the use of any electronic or wireless device
5to access the Internet.
6    "Payment card" means a credit card, charge card, debit
7card, or any other card that is issued to an authorized card
8user and that allows the user to obtain, purchase, or receive
9goods, services, money, or anything else of value from a
10merchant.
11    "Person with a disability" means a person who suffers from
12a physical or mental impairment resulting from disease, injury,
13functional disorder or congenital condition that impairs the
14individual's mental or physical ability to independently
15manage his or her property or financial resources, or both.
16    "Personal identification document" means a birth
17certificate, a driver's license, a State identification card, a
18public, government, or private employment identification card,
19a social security card, a license issued under the Firearm
20Concealed Carry Act firearm owner's identification card, a
21credit card, a debit card, or a passport issued to or on behalf
22of a person other than the offender, or any document made or
23issued, or falsely purported to have been made or issued, by or
24under the authority of the United States Government, the State
25of Illinois, or any other state political subdivision of any
26state, or any other governmental or quasi-governmental

 

 

HB0492- 99 -LRB100 05310 SLF 15321 b

1organization that is of a type intended for the purpose of
2identification of an individual, or any such document made or
3altered in a manner that it falsely purports to have been made
4on behalf of or issued to another person or by the authority of
5one who did not give that authority.
6    "Personal identifying information" means any of the
7following information:
8        (1) A person's name.
9        (2) A person's address.
10        (3) A person's date of birth.
11        (4) A person's telephone number.
12        (5) A person's driver's license number or State of
13    Illinois identification card as assigned by the Secretary
14    of State of the State of Illinois or a similar agency of
15    another state.
16        (6) A person's social security number.
17        (7) A person's public, private, or government
18    employer, place of employment, or employment
19    identification number.
20        (8) The maiden name of a person's mother.
21        (9) The number assigned to a person's depository
22    account, savings account, or brokerage account.
23        (10) The number assigned to a person's credit or debit
24    card, commonly known as a "Visa Card", "MasterCard",
25    "American Express Card", "Discover Card", or other similar
26    cards whether issued by a financial institution,

 

 

HB0492- 100 -LRB100 05310 SLF 15321 b

1    corporation, or business entity.
2        (11) Personal identification numbers.
3        (12) Electronic identification numbers.
4        (13) Digital signals.
5        (14) User names, passwords, and any other word, number,
6    character or combination of the same usable in whole or
7    part to access information relating to a specific
8    individual, or to the actions taken, communications made or
9    received, or other activities or transactions of a specific
10    individual.
11        (15) Any other numbers or information which can be used
12    to access a person's financial resources, or to identify a
13    specific individual, or the actions taken, communications
14    made or received, or other activities or transactions of a
15    specific individual.
16    "Premises of a retail mercantile establishment" includes,
17but is not limited to, the retail mercantile establishment; any
18common use areas in shopping centers; and all parking areas set
19aside by a merchant or on behalf of a merchant for the parking
20of vehicles for the convenience of the patrons of such retail
21mercantile establishment.
22    "Public water, gas, or power supply, or other public
23services" mean any service subject to regulation by the
24Illinois Commerce Commission; any service furnished by a public
25utility that is owned and operated by any political
26subdivision, public institution of higher education or

 

 

HB0492- 101 -LRB100 05310 SLF 15321 b

1municipal corporation of this State; any service furnished by
2any public utility that is owned by such political subdivision,
3public institution of higher education, or municipal
4corporation and operated by any of its lessees or operating
5agents; any service furnished by an electric cooperative as
6defined in Section 3.4 of the Electric Supplier Act; or
7wireless service or other service regulated by the Federal
8Communications Commission.
9    "Publish" means to communicate or disseminate information
10to any one or more persons, either orally, in person, or by
11telephone, radio or television or in writing of any kind,
12including, without limitation, a letter or memorandum,
13circular or handbill, newspaper or magazine article or book.
14    "Radio frequency identification device" means any
15implement, computer file, computer disc, electronic device,
16computer hardware, computer software, or instrument that is
17used to activate, read, receive, or decode information stored
18on a RFID tag or transponder attached to a personal
19identification document.
20    "RFID tag or transponder" means a chip or device that
21contains personal identifying information from which the
22personal identifying information can be read or decoded by
23another device emitting a radio frequency that activates or
24powers a radio frequency emission response from the chip or
25transponder.
26    "Reencoder" means an electronic device that places encoded

 

 

HB0492- 102 -LRB100 05310 SLF 15321 b

1information from the magnetic strip or stripe of a payment card
2onto the magnetic strip or stripe of a different payment card.
3    "Retail mercantile establishment" means any place where
4merchandise is displayed, held, stored or offered for sale to
5the public.
6    "Scanning device" means a scanner, reader, or any other
7electronic device that is used to access, read, scan, obtain,
8memorize, or store, temporarily or permanently, information
9encoded on the magnetic strip or stripe of a payment card.
10    "Shopping cart" means those push carts of the type or types
11which are commonly provided by grocery stores, drug stores or
12other retail mercantile establishments for the use of the
13public in transporting commodities in stores and markets and,
14incidentally, from the stores to a place outside the store.
15    "Sound or audio visual recording" means any sound or audio
16visual phonograph record, disc, pre-recorded tape, film, wire,
17magnetic tape or other object, device or medium, now known or
18hereafter invented, by which sounds or images may be reproduced
19with or without the use of any additional machine, equipment or
20device.
21    "Theft detection device remover" means any tool or device
22specifically designed and intended to be used to remove any
23theft detection device from any merchandise.
24    "Under-ring" means to cause the cash register or other
25sales recording device to reflect less than the full retail
26value of the merchandise.

 

 

HB0492- 103 -LRB100 05310 SLF 15321 b

1    "Unidentified sound or audio visual recording" means a
2sound or audio visual recording without the actual name and
3full and correct street address of the manufacturer, and the
4name of the actual performers or groups prominently and legibly
5printed on the outside cover or jacket and on the label of such
6sound or audio visual recording.
7    "Unlawful access device" means any type of instrument,
8device, machine, equipment, technology, or software which is
9primarily possessed, used, designed, assembled, manufactured,
10sold, distributed or offered, promoted or advertised for the
11purpose of defeating or circumventing any technology, device or
12software, or any component or part thereof, used by the
13provider, owner or licensee of any communication service or of
14any data, audio or video programs or transmissions to protect
15any such communication, audio or video services, programs or
16transmissions from unauthorized access, acquisition, receipt,
17decryption, disclosure, communication, transmission or
18re-transmission.
19    "Unlawful communication device" means any electronic
20serial number, mobile identification number, personal
21identification number or any communication or wireless device
22that is capable of acquiring or facilitating the acquisition of
23a communication service without the express consent or express
24authorization of the communication service provider, or that
25has been altered, modified, programmed or reprogrammed, alone
26or in conjunction with another communication or wireless device

 

 

HB0492- 104 -LRB100 05310 SLF 15321 b

1or other equipment, to so acquire or facilitate the
2unauthorized acquisition of a communication service. "Unlawful
3communication device" also means:
4        (1) any phone altered to obtain service without the
5    express consent or express authorization of the
6    communication service provider, tumbler phone, counterfeit
7    or clone phone, tumbler microchip, counterfeit or clone
8    microchip, scanning receiver of wireless communication
9    service or other instrument capable of disguising its
10    identity or location or of gaining unauthorized access to a
11    communications or wireless system operated by a
12    communication service provider; and
13        (2) any communication or wireless device which is
14    capable of, or has been altered, designed, modified,
15    programmed or reprogrammed, alone or in conjunction with
16    another communication or wireless device or devices, so as
17    to be capable of, facilitating the disruption,
18    acquisition, receipt, transmission or decryption of a
19    communication service without the express consent or
20    express authorization of the communication service
21    provider, including, but not limited to, any device,
22    technology, product, service, equipment, computer software
23    or component or part thereof, primarily distributed, sold,
24    designed, assembled, manufactured, modified, programmed,
25    reprogrammed or used for the purpose of providing the
26    unauthorized receipt of, transmission of, disruption of,

 

 

HB0492- 105 -LRB100 05310 SLF 15321 b

1    decryption of, access to or acquisition of any
2    communication service provided by any communication
3    service provider.
4    "Vehicle" means a motor vehicle, motorcycle, or farm
5implement that is self-propelled and that uses motor fuel for
6propulsion.
7    "Wireless device" includes any type of instrument, device,
8machine, or equipment that is capable of transmitting or
9receiving telephonic, electronic or radio communications, or
10any part of such instrument, device, machine, or equipment, or
11any computer circuit, computer chip, electronic mechanism, or
12other component that is capable of facilitating the
13transmission or reception of telephonic, electronic, or radio
14communications.
15(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff.
161-1-12; 97-1109, eff. 1-1-13.)
 
17    (720 ILCS 5/17-30)  (was 720 ILCS 5/16C-2)
18    Sec. 17-30. Defaced, altered, or removed manufacturer or
19owner identification number.
20    (a) Unlawful sale of household appliances. A person commits
21unlawful sale of household appliances when he or she knowingly,
22with the intent to defraud or deceive another, keeps for sale,
23within any commercial context, any household appliance with a
24missing, defaced, obliterated, or otherwise altered
25manufacturer's identification number.

 

 

HB0492- 106 -LRB100 05310 SLF 15321 b

1    (b) Construction equipment identification defacement. A
2person commits construction equipment identification
3defacement when he or she knowingly changes, alters, removes,
4mutilates, or obliterates a permanently affixed serial number,
5product identification number, part number, component
6identification number, owner-applied identification, or other
7mark of identification attached to or stamped, inscribed,
8molded, or etched into a machine or other equipment, whether
9stationary or mobile or self-propelled, or a part of such
10machine or equipment, used in the construction, maintenance, or
11demolition of buildings, structures, bridges, tunnels, sewers,
12utility pipes or lines, ditches or open cuts, roads, highways,
13dams, airports, or waterways or in material handling for such
14projects.
15    The trier of fact may infer that the defendant has
16knowingly changed, altered, removed, or obliterated the serial
17number, product identification number, part number, component
18identification number, owner-applied identification number, or
19other mark of identification, if the defendant was in
20possession of any machine or other equipment or a part of such
21machine or equipment used in the construction, maintenance, or
22demolition of buildings, structures, bridges, tunnels, sewers,
23utility pipes or lines, ditches or open cuts, roads, highways,
24dams, airports, or waterways or in material handling for such
25projects upon which any such serial number, product
26identification number, part number, component identification

 

 

HB0492- 107 -LRB100 05310 SLF 15321 b

1number, owner-applied identification number, or other mark of
2identification has been changed, altered, removed, or
3obliterated.
4    (c) Defacement of manufacturer's serial number or
5identification mark. A person commits defacement of a
6manufacturer's serial number or identification mark when he or
7she knowingly removes, alters, defaces, covers, or destroys the
8manufacturer's serial number or any other manufacturer's
9number or distinguishing identification mark upon any machine
10or other article of merchandise, other than a motor vehicle as
11defined in Section 1-146 of the Illinois Vehicle Code or a
12firearm as defined in the Firearm Owners Identification Card
13Act, with the intent of concealing or destroying the identity
14of such machine or other article of merchandise.
15    (d) Sentence.
16        (1) A violation of subsection (a) of this Section is a
17    Class 4 felony if the value of the appliance or appliances
18    exceeds $1,000 and a Class B misdemeanor if the value of
19    the appliance or appliances is $1,000 or less.
20        (2) A violation of subsection (b) of this Section is a
21    Class A misdemeanor.
22        (3) A violation of subsection (c) of this Section is a
23    Class B misdemeanor.
24    (e) No liability shall be imposed upon any person for the
25unintentional failure to comply with subsection (a).
26    (f) Definitions. In this Section:

 

 

HB0492- 108 -LRB100 05310 SLF 15321 b

1    "Commercial context" means a continuing business
2enterprise conducted for profit by any person whose primary
3business is the wholesale or retail marketing of household
4appliances, or a significant portion of whose business or
5inventory consists of household appliances kept or sold on a
6wholesale or retail basis.
7    "Household appliance" means any gas or electric device or
8machine marketed for use as home entertainment or for
9facilitating or expediting household tasks or chores. The term
10shall include but not necessarily be limited to refrigerators,
11freezers, ranges, radios, television sets, vacuum cleaners,
12toasters, dishwashers, and other similar household items.
13    "Manufacturer's identification number" means any serial
14number or other similar numerical or alphabetical designation
15imprinted upon or attached to or placed, stamped, or otherwise
16imprinted upon or attached to a household appliance or item by
17the manufacturer for purposes of identifying a particular
18appliance or item individually or by lot number.
19(Source: P.A. 96-1551, eff. 7-1-11.)
 
20    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
21    Sec. 24-1. Unlawful use of weapons.
22    (a) A person commits the offense of unlawful use of weapons
23when he knowingly:
24        (1) Sells, manufactures, purchases, possesses or
25    carries any bludgeon, black-jack, slung-shot, sand-club,

 

 

HB0492- 109 -LRB100 05310 SLF 15321 b

1    sand-bag, metal knuckles or other knuckle weapon
2    regardless of its composition, throwing star, or any knife,
3    commonly referred to as a switchblade knife, which has a
4    blade that opens automatically by hand pressure applied to
5    a button, spring or other device in the handle of the
6    knife, or a ballistic knife, which is a device that propels
7    a knifelike blade as a projectile by means of a coil
8    spring, elastic material or compressed gas; or
9        (2) Carries or possesses with intent to use the same
10    unlawfully against another, a dagger, dirk, billy,
11    dangerous knife, razor, stiletto, broken bottle or other
12    piece of glass, stun gun or taser or any other dangerous or
13    deadly weapon or instrument of like character; or
14        (3) Carries on or about his person or in any vehicle, a
15    tear gas gun projector or bomb or any object containing
16    noxious liquid gas or substance, other than an object
17    containing a non-lethal noxious liquid gas or substance
18    designed solely for personal defense carried by a person 18
19    years of age or older; or
20        (4) Carries or possesses in any vehicle or concealed on
21    or about his person except when on his land or in his own
22    abode, legal dwelling, or fixed place of business, or on
23    the land or in the legal dwelling of another person as an
24    invitee with that person's permission, any pistol,
25    revolver, stun gun or taser or other firearm, except that
26    this subsection (a) (4) does not apply to or affect

 

 

HB0492- 110 -LRB100 05310 SLF 15321 b

1    transportation of weapons that meet one of the following
2    conditions:
3            (i) are broken down in a non-functioning state; or
4            (ii) are not immediately accessible; or
5            (iii) are unloaded and enclosed in a case, firearm
6        carrying box, shipping box, or other container by a
7        person eligible under State and federal law to possess
8        a firearm who has been issued a currently valid Firearm
9        Owner's Identification Card; or
10            (iv) are carried or possessed in accordance with
11        the Firearm Concealed Carry Act by a person who has
12        been issued a currently valid license under the Firearm
13        Concealed Carry Act; or
14        (5) Sets a spring gun; or
15        (6) Possesses any device or attachment of any kind
16    designed, used or intended for use in silencing the report
17    of any firearm; or
18        (7) Sells, manufactures, purchases, possesses or
19    carries:
20            (i) a machine gun, which shall be defined for the
21        purposes of this subsection as any weapon, which
22        shoots, is designed to shoot, or can be readily
23        restored to shoot, automatically more than one shot
24        without manually reloading by a single function of the
25        trigger, including the frame or receiver of any such
26        weapon, or sells, manufactures, purchases, possesses,

 

 

HB0492- 111 -LRB100 05310 SLF 15321 b

1        or carries any combination of parts designed or
2        intended for use in converting any weapon into a
3        machine gun, or any combination or parts from which a
4        machine gun can be assembled if such parts are in the
5        possession or under the control of a person;
6            (ii) any rifle having one or more barrels less than
7        16 inches in length or a shotgun having one or more
8        barrels less than 18 inches in length or any weapon
9        made from a rifle or shotgun, whether by alteration,
10        modification, or otherwise, if such a weapon as
11        modified has an overall length of less than 26 inches;
12        or
13            (iii) any bomb, bomb-shell, grenade, bottle or
14        other container containing an explosive substance of
15        over one-quarter ounce for like purposes, such as, but
16        not limited to, black powder bombs and Molotov
17        cocktails or artillery projectiles; or
18        (8) Carries or possesses any firearm, stun gun or taser
19    or other deadly weapon in any place which is licensed to
20    sell intoxicating beverages, or at any public gathering
21    held pursuant to a license issued by any governmental body
22    or any public gathering at which an admission is charged,
23    excluding a place where a showing, demonstration or lecture
24    involving the exhibition of unloaded firearms is
25    conducted.
26        This subsection (a)(8) does not apply to any auction or

 

 

HB0492- 112 -LRB100 05310 SLF 15321 b

1    raffle of a firearm held pursuant to a license or permit
2    issued by a governmental body, nor does it apply to persons
3    engaged in firearm safety training courses; or
4        (9) Carries or possesses in a vehicle or on or about
5    his person any pistol, revolver, stun gun or taser or
6    firearm or ballistic knife, when he is hooded, robed or
7    masked in such manner as to conceal his identity; or
8        (10) Carries or possesses on or about his person, upon
9    any public street, alley, or other public lands within the
10    corporate limits of a city, village or incorporated town,
11    except when an invitee thereon or therein, for the purpose
12    of the display of such weapon or the lawful commerce in
13    weapons, or except when on his land or in his own abode,
14    legal dwelling, or fixed place of business, or on the land
15    or in the legal dwelling of another person as an invitee
16    with that person's permission, any pistol, revolver, stun
17    gun or taser or other firearm, except that this subsection
18    (a) (10) does not apply to or affect transportation of
19    weapons that meet one of the following conditions:
20            (i) are broken down in a non-functioning state; or
21            (ii) are not immediately accessible; or
22            (iii) are unloaded and enclosed in a case, firearm
23        carrying box, shipping box, or other container by a
24        person eligible under State and federal law to possess
25        a firearm who has been issued a currently valid Firearm
26        Owner's Identification Card; or

 

 

HB0492- 113 -LRB100 05310 SLF 15321 b

1            (iv) are carried or possessed in accordance with
2        the Firearm Concealed Carry Act by a person who has
3        been issued a currently valid license under the Firearm
4        Concealed Carry Act.
5        A "stun gun or taser", as used in this paragraph (a)
6    means (i) any device which is powered by electrical
7    charging units, such as, batteries, and which fires one or
8    several barbs attached to a length of wire and which, upon
9    hitting a human, can send out a current capable of
10    disrupting the person's nervous system in such a manner as
11    to render him incapable of normal functioning or (ii) any
12    device which is powered by electrical charging units, such
13    as batteries, and which, upon contact with a human or
14    clothing worn by a human, can send out current capable of
15    disrupting the person's nervous system in such a manner as
16    to render him incapable of normal functioning; or
17        (11) Sells, manufactures or purchases any explosive
18    bullet. For purposes of this paragraph (a) "explosive
19    bullet" means the projectile portion of an ammunition
20    cartridge which contains or carries an explosive charge
21    which will explode upon contact with the flesh of a human
22    or an animal. "Cartridge" means a tubular metal case having
23    a projectile affixed at the front thereof and a cap or
24    primer at the rear end thereof, with the propellant
25    contained in such tube between the projectile and the cap;
26    or

 

 

HB0492- 114 -LRB100 05310 SLF 15321 b

1        (12) (Blank); or
2        (13) Carries or possesses on or about his or her person
3    while in a building occupied by a unit of government, a
4    billy club, other weapon of like character, or other
5    instrument of like character intended for use as a weapon.
6    For the purposes of this Section, "billy club" means a
7    short stick or club commonly carried by police officers
8    which is either telescopic or constructed of a solid piece
9    of wood or other man-made material.
10    (b) Sentence. A person convicted of a violation of
11subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
12subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
13Class A misdemeanor. A person convicted of a violation of
14subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
15person convicted of a violation of subsection 24-1(a)(6) or
1624-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
17convicted of a violation of subsection 24-1(a)(7)(i) commits a
18Class 2 felony and shall be sentenced to a term of imprisonment
19of not less than 3 years and not more than 7 years, unless the
20weapon is possessed in the passenger compartment of a motor
21vehicle as defined in Section 1-146 of the Illinois Vehicle
22Code, or on the person, while the weapon is loaded, in which
23case it shall be a Class X felony. A person convicted of a
24second or subsequent violation of subsection 24-1(a)(4),
2524-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
26felony. The possession of each weapon in violation of this

 

 

HB0492- 115 -LRB100 05310 SLF 15321 b

1Section constitutes a single and separate violation.
2    (c) Violations in specific places.
3        (1) A person who violates subsection 24-1(a)(6) or
4    24-1(a)(7) in any school, regardless of the time of day or
5    the time of year, in residential property owned, operated
6    or managed by a public housing agency or leased by a public
7    housing agency as part of a scattered site or mixed-income
8    development, in a public park, in a courthouse, on the real
9    property comprising any school, regardless of the time of
10    day or the time of year, on residential property owned,
11    operated or managed by a public housing agency or leased by
12    a public housing agency as part of a scattered site or
13    mixed-income development, on the real property comprising
14    any public park, on the real property comprising any
15    courthouse, in any conveyance owned, leased or contracted
16    by a school to transport students to or from school or a
17    school related activity, in any conveyance owned, leased,
18    or contracted by a public transportation agency, or on any
19    public way within 1,000 feet of the real property
20    comprising any school, public park, courthouse, public
21    transportation facility, or residential property owned,
22    operated, or managed by a public housing agency or leased
23    by a public housing agency as part of a scattered site or
24    mixed-income development commits a Class 2 felony and shall
25    be sentenced to a term of imprisonment of not less than 3
26    years and not more than 7 years.

 

 

HB0492- 116 -LRB100 05310 SLF 15321 b

1        (1.5) A person who violates subsection 24-1(a)(4),
2    24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
3    time of day or the time of year, in residential property
4    owned, operated, or managed by a public housing agency or
5    leased by a public housing agency as part of a scattered
6    site or mixed-income development, in a public park, in a
7    courthouse, on the real property comprising any school,
8    regardless of the time of day or the time of year, on
9    residential property owned, operated, or managed by a
10    public housing agency or leased by a public housing agency
11    as part of a scattered site or mixed-income development, on
12    the real property comprising any public park, on the real
13    property comprising any courthouse, in any conveyance
14    owned, leased, or contracted by a school to transport
15    students to or from school or a school related activity, in
16    any conveyance owned, leased, or contracted by a public
17    transportation agency, or on any public way within 1,000
18    feet of the real property comprising any school, public
19    park, courthouse, public transportation facility, or
20    residential property owned, operated, or managed by a
21    public housing agency or leased by a public housing agency
22    as part of a scattered site or mixed-income development
23    commits a Class 3 felony.
24        (2) A person who violates subsection 24-1(a)(1),
25    24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
26    time of day or the time of year, in residential property

 

 

HB0492- 117 -LRB100 05310 SLF 15321 b

1    owned, operated or managed by a public housing agency or
2    leased by a public housing agency as part of a scattered
3    site or mixed-income development, in a public park, in a
4    courthouse, on the real property comprising any school,
5    regardless of the time of day or the time of year, on
6    residential property owned, operated or managed by a public
7    housing agency or leased by a public housing agency as part
8    of a scattered site or mixed-income development, on the
9    real property comprising any public park, on the real
10    property comprising any courthouse, in any conveyance
11    owned, leased or contracted by a school to transport
12    students to or from school or a school related activity, in
13    any conveyance owned, leased, or contracted by a public
14    transportation agency, or on any public way within 1,000
15    feet of the real property comprising any school, public
16    park, courthouse, public transportation facility, or
17    residential property owned, operated, or managed by a
18    public housing agency or leased by a public housing agency
19    as part of a scattered site or mixed-income development
20    commits a Class 4 felony. "Courthouse" means any building
21    that is used by the Circuit, Appellate, or Supreme Court of
22    this State for the conduct of official business.
23        (3) Paragraphs (1), (1.5), and (2) of this subsection
24    (c) shall not apply to law enforcement officers or security
25    officers of such school, college, or university or to
26    students carrying or possessing firearms for use in

 

 

HB0492- 118 -LRB100 05310 SLF 15321 b

1    training courses, parades, hunting, target shooting on
2    school ranges, or otherwise with the consent of school
3    authorities and which firearms are transported unloaded
4    enclosed in a suitable case, box, or transportation
5    package.
6        (4) For the purposes of this subsection (c), "school"
7    means any public or private elementary or secondary school,
8    community college, college, or university.
9        (5) For the purposes of this subsection (c), "public
10    transportation agency" means a public or private agency
11    that provides for the transportation or conveyance of
12    persons by means available to the general public, except
13    for transportation by automobiles not used for conveyance
14    of the general public as passengers; and "public
15    transportation facility" means a terminal or other place
16    where one may obtain public transportation.
17    (d) The presence in an automobile other than a public
18omnibus of any weapon, instrument or substance referred to in
19subsection (a)(7) is prima facie evidence that it is in the
20possession of, and is being carried by, all persons occupying
21such automobile at the time such weapon, instrument or
22substance is found, except under the following circumstances:
23(i) if such weapon, instrument or instrumentality is found upon
24the person of one of the occupants therein; or (ii) if such
25weapon, instrument or substance is found in an automobile
26operated for hire by a duly licensed driver in the due, lawful

 

 

HB0492- 119 -LRB100 05310 SLF 15321 b

1and proper pursuit of his trade, then such presumption shall
2not apply to the driver.
3    (e) Exemptions. Crossbows, Common or Compound bows and
4Underwater Spearguns are exempted from the definition of
5ballistic knife as defined in paragraph (1) of subsection (a)
6of this Section.
7(Source: P.A. 99-29, eff. 7-10-15.)
 
8    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
9    Sec. 24-1.1. Unlawful Use or Possession of Weapons by
10Felons or Persons in the Custody of the Department of
11Corrections Facilities.
12    (a) It is unlawful for a person to knowingly possess on or
13about his person or on his land or in his own abode or fixed
14place of business any weapon prohibited under Section 24-1 of
15this Act or any firearm or any firearm ammunition if the person
16has been convicted of a felony under the laws of this State or
17any other jurisdiction. This Section shall not apply if the
18person has been granted relief under this subsection by the
19Director of the Department of State Police under Section 10 of
20the Firearm Owners Identification Card Act. A person prohibited
21from possessing a firearm under this subsection (a) may
22petition the Director of State Police for a hearing and relief
23from the prohibition, unless the prohibition was based upon a
24forcible felony, stalking, aggravated stalking, domestic
25battery, any violation of the Illinois Controlled Substances

 

 

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1Act, the Methamphetamine Control and Community Protection Act,
2or the Cannabis Control Act that is classified as a Class 2 or
3greater felony, any felony violation of Article 24 of the
4Criminal Code of 1961 or the Criminal Code of 2012, or any
5adjudication as a delinquent minor for the commission of an
6offense that if committed by an adult would be a felony, in
7which case the person may petition the circuit court in writing
8in the county of his or her residence for a hearing and relief
9from the prohibition. The Director or court may grant the
10relief if it is established by the petitioner to the court's or
11Director's satisfaction that:
12        (1) when in the circuit court, the State's Attorney has
13    been served with a written copy of the petition at least 30
14    days before any hearing in the circuit court and at the
15    hearing the State's Attorney was afforded an opportunity to
16    present evidence and object to the petition;
17        (2) the petitioner has not been convicted of a forcible
18    felony under the laws of this State or any other
19    jurisdiction within 20 years of the filing of the petition,
20    or at least 20 years have passed since the end of any
21    period of imprisonment imposed in relation to that
22    conviction;
23        (3) the circumstances regarding a criminal conviction,
24    where applicable, the petitioner's criminal history and
25    his or her reputation are such that the petitioner will not
26    be likely to act in a manner dangerous to public safety;

 

 

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1        (4) granting relief would not be contrary to the public
2    interest; and
3        (5) granting relief would not be contrary to federal
4    law.
5    (b) It is unlawful for any person confined in a penal
6institution, which is a facility of the Illinois Department of
7Corrections, to possess any weapon prohibited under Section
824-1 of this Code or any firearm or firearm ammunition,
9regardless of the intent with which he possesses it.
10    (c) It shall be an affirmative defense to a violation of
11subsection (b), that such possession was specifically
12authorized by rule, regulation, or directive of the Illinois
13Department of Corrections or order issued pursuant thereto.
14    (d) The defense of necessity is not available to a person
15who is charged with a violation of subsection (b) of this
16Section.
17    (e) Sentence. Violation of this Section by a person not
18confined in a penal institution shall be a Class 3 felony for
19which the person shall be sentenced to no less than 2 years and
20no more than 10 years and any second or subsequent violation
21shall be a Class 2 felony for which the person shall be
22sentenced to a term of imprisonment of not less than 3 years
23and not more than 14 years. Violation of this Section by a
24person not confined in a penal institution who has been
25convicted of a forcible felony, a felony violation of Article
2624 of this Code or of the Firearm Owners Identification Card

 

 

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1Act, stalking or aggravated stalking, or a Class 2 or greater
2felony under the Illinois Controlled Substances Act, the
3Cannabis Control Act, or the Methamphetamine Control and
4Community Protection Act is a Class 2 felony for which the
5person shall be sentenced to not less than 3 years and not more
6than 14 years. Violation of this Section by a person who is on
7parole or mandatory supervised release is a Class 2 felony for
8which the person shall be sentenced to not less than 3 years
9and not more than 14 years. Violation of this Section by a
10person not confined in a penal institution is a Class X felony
11when the firearm possessed is a machine gun. Any person who
12violates this Section while confined in a penal institution,
13which is a facility of the Illinois Department of Corrections,
14is guilty of a Class 1 felony, if he possesses any weapon
15prohibited under Section 24-1 of this Code regardless of the
16intent with which he possesses it, a Class X felony if he
17possesses any firearm, firearm ammunition or explosive, and a
18Class X felony for which the offender shall be sentenced to not
19less than 12 years and not more than 50 years when the firearm
20possessed is a machine gun. A violation of this Section while
21wearing or in possession of body armor as defined in Section
2233F-1 is a Class X felony punishable by a term of imprisonment
23of not less than 10 years and not more than 40 years. The
24possession of each firearm or firearm ammunition in violation
25of this Section constitutes a single and separate violation.
26(Source: P.A. 97-237, eff. 1-1-12.)
 

 

 

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1    (720 ILCS 5/24-1.6)
2    Sec. 24-1.6. Aggravated unlawful use of a weapon.
3    (a) A person commits the offense of aggravated unlawful use
4of a weapon when he or she knowingly:
5        (1) Carries on or about his or her person or in any
6    vehicle or concealed on or about his or her person except
7    when on his or her land or in his or her abode, legal
8    dwelling, or fixed place of business, or on the land or in
9    the legal dwelling of another person as an invitee with
10    that person's permission, any pistol, revolver, stun gun or
11    taser or other firearm; or
12        (2) Carries or possesses on or about his or her person,
13    upon any public street, alley, or other public lands within
14    the corporate limits of a city, village or incorporated
15    town, except when an invitee thereon or therein, for the
16    purpose of the display of such weapon or the lawful
17    commerce in weapons, or except when on his or her own land
18    or in his or her own abode, legal dwelling, or fixed place
19    of business, or on the land or in the legal dwelling of
20    another person as an invitee with that person's permission,
21    any pistol, revolver, stun gun or taser or other firearm;
22    and
23        (3) One of the following factors is present:
24            (A) the firearm, other than a pistol, revolver, or
25        handgun, possessed was uncased, loaded, and

 

 

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1        immediately accessible at the time of the offense; or
2            (A-5) the pistol, revolver, or handgun possessed
3        was uncased, loaded, and immediately accessible at the
4        time of the offense and the person possessing the
5        pistol, revolver, or handgun has not been issued a
6        currently valid license under the Firearm Concealed
7        Carry Act; or
8            (B) the firearm, other than a pistol, revolver, or
9        handgun, possessed was uncased, unloaded, and the
10        ammunition for the weapon was immediately accessible
11        at the time of the offense; or
12            (B-5) the pistol, revolver, or handgun possessed
13        was uncased, unloaded, and the ammunition for the
14        weapon was immediately accessible at the time of the
15        offense and the person possessing the pistol,
16        revolver, or handgun has not been issued a currently
17        valid license under the Firearm Concealed Carry Act; or
18            (C) (blank); or the person possessing the firearm
19        has not been issued a currently valid Firearm Owner's
20        Identification Card; or
21            (D) the person possessing the weapon was
22        previously adjudicated a delinquent minor under the
23        Juvenile Court Act of 1987 for an act that if committed
24        by an adult would be a felony; or
25            (E) the person possessing the weapon was engaged in
26        a misdemeanor violation of the Cannabis Control Act, in

 

 

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1        a misdemeanor violation of the Illinois Controlled
2        Substances Act, or in a misdemeanor violation of the
3        Methamphetamine Control and Community Protection Act;
4        or
5            (F) (blank); or
6            (G) the person possessing the weapon had an a order
7        of protection issued against him or her within the
8        previous 2 years; or
9            (H) the person possessing the weapon was engaged in
10        the commission or attempted commission of a
11        misdemeanor involving the use or threat of violence
12        against the person or property of another; or
13            (I) the person possessing the weapon was under 21
14        years of age and in possession of a handgun, unless the
15        person under 21 is engaged in lawful activities under
16        the Wildlife Code or described in subsection
17        24-2(b)(1), (b)(3), or 24-2(f).
18    (a-5) "Handgun" as used in this Section has the meaning
19given to it in Section 5 of the Firearm Concealed Carry Act.
20    (b) "Stun gun or taser" as used in this Section has the
21same definition given to it in Section 24-1 of this Code.
22    (c) This Section does not apply to or affect the
23transportation or possession of weapons that:
24        (i) are broken down in a non-functioning state; or
25        (ii) are not immediately accessible; or
26        (iii) are unloaded and enclosed in a case, firearm

 

 

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1    carrying box, shipping box, or other container by a person
2    who is eligible under State and federal law to possess a
3    firearm has been issued a currently valid Firearm Owner's
4    Identification Card.
5    (d) Sentence.
6         (1) Aggravated unlawful use of a weapon is a Class 4
7    felony; a second or subsequent offense is a Class 2 felony
8    for which the person shall be sentenced to a term of
9    imprisonment of not less than 3 years and not more than 7
10    years.
11        (2) (Blank). Except as otherwise provided in
12    paragraphs (3) and (4) of this subsection (d), a first
13    offense of aggravated unlawful use of a weapon committed
14    with a firearm by a person 18 years of age or older where
15    the factors listed in both items (A) and (C) or both items
16    (A-5) and (C) of paragraph (3) of subsection (a) are
17    present is a Class 4 felony, for which the person shall be
18    sentenced to a term of imprisonment of not less than one
19    year and not more than 3 years.
20        (3) Aggravated unlawful use of a weapon by a person who
21    has been previously convicted of a felony in this State or
22    another jurisdiction is a Class 2 felony for which the
23    person shall be sentenced to a term of imprisonment of not
24    less than 3 years and not more than 7 years.
25        (4) Aggravated unlawful use of a weapon while wearing
26    or in possession of body armor as defined in Section 33F-1

 

 

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1    by a person who is prohibited under State or federal law
2    from possessing a firearm has not been issued a valid
3    Firearms Owner's Identification Card in accordance with
4    Section 5 of the Firearm Owners Identification Card Act is
5    a Class X felony.
6    (e) The possession of each firearm in violation of this
7Section constitutes a single and separate violation.
8(Source: P.A. 98-63, eff. 7-9-13; revised 10-6-16.)
 
9    (720 ILCS 5/24-1.8)
10    Sec. 24-1.8. Unlawful possession of a firearm by a street
11gang member.
12    (a) A person commits unlawful possession of a firearm by a
13street gang member when he or she knowingly:
14        (1) possesses, carries, or conceals on or about his or
15    her person a firearm and firearm ammunition while on any
16    street, road, alley, gangway, sidewalk, or any other lands,
17    except when inside his or her own abode or inside his or
18    her fixed place of business, and has not been issued a
19    currently valid Firearm Owner's Identification Card and is
20    a member of a street gang; or
21        (2) possesses or carries in any vehicle a firearm and
22    firearm ammunition which are both immediately accessible
23    at the time of the offense while on any street, road,
24    alley, or any other lands, except when inside his or her
25    own abode or garage, and has not been issued a currently

 

 

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1    valid Firearm Owner's Identification Card and is a member
2    of a street gang.
3    (b) Unlawful possession of a firearm by a street gang
4member is a Class 2 felony for which the person, if sentenced
5to a term of imprisonment, shall be sentenced to no less than 3
6years and no more than 10 years. A period of probation, a term
7of periodic imprisonment or conditional discharge shall not be
8imposed for the offense of unlawful possession of a firearm by
9a street gang member when the firearm was loaded or contained
10firearm ammunition and the court shall sentence the offender to
11not less than the minimum term of imprisonment authorized for
12the Class 2 felony.
13    (c) For purposes of this Section:
14        "Street gang" or "gang" has the meaning ascribed to it
15    in Section 10 of the Illinois Streetgang Terrorism Omnibus
16    Prevention Act.
17        "Street gang member" or "gang member" has the meaning
18    ascribed to it in Section 10 of the Illinois Streetgang
19    Terrorism Omnibus Prevention Act.
20(Source: P.A. 96-829, eff. 12-3-09.)
 
21    (720 ILCS 5/24-2)
22    Sec. 24-2. Exemptions.
23    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
2424-1(a)(13) and Section 24-1.6 do not apply to or affect any of
25the following:

 

 

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1        (1) Peace officers, and any person summoned by a peace
2    officer to assist in making arrests or preserving the
3    peace, while actually engaged in assisting such officer.
4        (2) Wardens, superintendents and keepers of prisons,
5    penitentiaries, jails and other institutions for the
6    detention of persons accused or convicted of an offense,
7    while in the performance of their official duty, or while
8    commuting between their homes and places of employment.
9        (3) Members of the Armed Services or Reserve Forces of
10    the United States or the Illinois National Guard or the
11    Reserve Officers Training Corps, while in the performance
12    of their official duty.
13        (4) Special agents employed by a railroad or a public
14    utility to perform police functions, and guards of armored
15    car companies, while actually engaged in the performance of
16    the duties of their employment or commuting between their
17    homes and places of employment; and watchmen while actually
18    engaged in the performance of the duties of their
19    employment.
20        (5) Persons licensed as private security contractors,
21    private detectives, or private alarm contractors, or
22    employed by a private security contractor, private
23    detective, or private alarm contractor agency licensed by
24    the Department of Financial and Professional Regulation,
25    if their duties include the carrying of a weapon under the
26    provisions of the Private Detective, Private Alarm,

 

 

HB0492- 130 -LRB100 05310 SLF 15321 b

1    Private Security, Fingerprint Vendor, and Locksmith Act of
2    2004, while actually engaged in the performance of the
3    duties of their employment or commuting between their homes
4    and places of employment. A person shall be considered
5    eligible for this exemption if he or she has completed the
6    required 20 hours of training for a private security
7    contractor, private detective, or private alarm
8    contractor, or employee of a licensed private security
9    contractor, private detective, or private alarm contractor
10    agency and 20 hours of required firearm training, and has
11    been issued a firearm control card by the Department of
12    Financial and Professional Regulation. Conditions for the
13    renewal of firearm control cards issued under the
14    provisions of this Section shall be the same as for those
15    cards issued under the provisions of the Private Detective,
16    Private Alarm, Private Security, Fingerprint Vendor, and
17    Locksmith Act of 2004. The firearm control card shall be
18    carried by the private security contractor, private
19    detective, or private alarm contractor, or employee of the
20    licensed private security contractor, private detective,
21    or private alarm contractor agency at all times when he or
22    she is in possession of a concealable weapon permitted by
23    his or her firearm control card.
24        (6) Any person regularly employed in a commercial or
25    industrial operation as a security guard for the protection
26    of persons employed and private property related to such

 

 

HB0492- 131 -LRB100 05310 SLF 15321 b

1    commercial or industrial operation, while actually engaged
2    in the performance of his or her duty or traveling between
3    sites or properties belonging to the employer, and who, as
4    a security guard, is a member of a security force
5    registered with the Department of Financial and
6    Professional Regulation; provided that such security guard
7    has successfully completed a course of study, approved by
8    and supervised by the Department of Financial and
9    Professional Regulation, consisting of not less than 40
10    hours of training that includes the theory of law
11    enforcement, liability for acts, and the handling of
12    weapons. A person shall be considered eligible for this
13    exemption if he or she has completed the required 20 hours
14    of training for a security officer and 20 hours of required
15    firearm training, and has been issued a firearm control
16    card by the Department of Financial and Professional
17    Regulation. Conditions for the renewal of firearm control
18    cards issued under the provisions of this Section shall be
19    the same as for those cards issued under the provisions of
20    the Private Detective, Private Alarm, Private Security,
21    Fingerprint Vendor, and Locksmith Act of 2004. The firearm
22    control card shall be carried by the security guard at all
23    times when he or she is in possession of a concealable
24    weapon permitted by his or her firearm control card.
25        (7) Agents and investigators of the Illinois
26    Legislative Investigating Commission authorized by the

 

 

HB0492- 132 -LRB100 05310 SLF 15321 b

1    Commission to carry the weapons specified in subsections
2    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
3    any investigation for the Commission.
4        (8) Persons employed by a financial institution as a
5    security guard for the protection of other employees and
6    property related to such financial institution, while
7    actually engaged in the performance of their duties,
8    commuting between their homes and places of employment, or
9    traveling between sites or properties owned or operated by
10    such financial institution, and who, as a security guard,
11    is a member of a security force registered with the
12    Department; provided that any person so employed has
13    successfully completed a course of study, approved by and
14    supervised by the Department of Financial and Professional
15    Regulation, consisting of not less than 40 hours of
16    training which includes theory of law enforcement,
17    liability for acts, and the handling of weapons. A person
18    shall be considered to be eligible for this exemption if he
19    or she has completed the required 20 hours of training for
20    a security officer and 20 hours of required firearm
21    training, and has been issued a firearm control card by the
22    Department of Financial and Professional Regulation.
23    Conditions for renewal of firearm control cards issued
24    under the provisions of this Section shall be the same as
25    for those issued under the provisions of the Private
26    Detective, Private Alarm, Private Security, Fingerprint

 

 

HB0492- 133 -LRB100 05310 SLF 15321 b

1    Vendor, and Locksmith Act of 2004. The firearm control card
2    shall be carried by the security guard at all times when he
3    or she is in possession of a concealable weapon permitted
4    by his or her firearm control card. For purposes of this
5    subsection, "financial institution" means a bank, savings
6    and loan association, credit union or company providing
7    armored car services.
8        (9) Any person employed by an armored car company to
9    drive an armored car, while actually engaged in the
10    performance of his duties.
11        (10) Persons who have been classified as peace officers
12    pursuant to the Peace Officer Fire Investigation Act.
13        (11) Investigators of the Office of the State's
14    Attorneys Appellate Prosecutor authorized by the board of
15    governors of the Office of the State's Attorneys Appellate
16    Prosecutor to carry weapons pursuant to Section 7.06 of the
17    State's Attorneys Appellate Prosecutor's Act.
18        (12) Special investigators appointed by a State's
19    Attorney under Section 3-9005 of the Counties Code.
20        (12.5) Probation officers while in the performance of
21    their duties, or while commuting between their homes,
22    places of employment or specific locations that are part of
23    their assigned duties, with the consent of the chief judge
24    of the circuit for which they are employed, if they have
25    received weapons training according to requirements of the
26    Peace Officer and Probation Officer Firearm Training Act.

 

 

HB0492- 134 -LRB100 05310 SLF 15321 b

1        (13) Court Security Officers while in the performance
2    of their official duties, or while commuting between their
3    homes and places of employment, with the consent of the
4    Sheriff.
5        (13.5) A person employed as an armed security guard at
6    a nuclear energy, storage, weapons or development site or
7    facility regulated by the Nuclear Regulatory Commission
8    who has completed the background screening and training
9    mandated by the rules and regulations of the Nuclear
10    Regulatory Commission.
11        (14) Manufacture, transportation, or sale of weapons
12    to persons authorized under subdivisions (1) through
13    (13.5) of this subsection to possess those weapons.
14    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
15to or affect any person carrying a concealed pistol, revolver,
16or handgun and the person has been issued a currently valid
17license under the Firearm Concealed Carry Act at the time of
18the commission of the offense.
19    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2024-1.6 do not apply to or affect any of the following:
21        (1) Members of any club or organization organized for
22    the purpose of practicing shooting at targets upon
23    established target ranges, whether public or private, and
24    patrons of such ranges, while such members or patrons are
25    using their firearms on those target ranges.
26        (2) Duly authorized military or civil organizations

 

 

HB0492- 135 -LRB100 05310 SLF 15321 b

1    while parading, with the special permission of the
2    Governor.
3        (3) Hunters, trappers or fishermen with a license or
4    permit while engaged in hunting, trapping or fishing.
5        (4) Transportation of weapons that are broken down in a
6    non-functioning state or are not immediately accessible.
7        (5) Carrying or possessing any pistol, revolver, stun
8    gun or taser or other firearm on the land or in the legal
9    dwelling of another person as an invitee with that person's
10    permission.
11    (c) Subsection 24-1(a)(7) does not apply to or affect any
12of the following:
13        (1) Peace officers while in performance of their
14    official duties.
15        (2) Wardens, superintendents and keepers of prisons,
16    penitentiaries, jails and other institutions for the
17    detention of persons accused or convicted of an offense.
18        (3) Members of the Armed Services or Reserve Forces of
19    the United States or the Illinois National Guard, while in
20    the performance of their official duty.
21        (4) Manufacture, transportation, or sale of machine
22    guns to persons authorized under subdivisions (1) through
23    (3) of this subsection to possess machine guns, if the
24    machine guns are broken down in a non-functioning state or
25    are not immediately accessible.
26        (5) Persons licensed under federal law to manufacture

 

 

HB0492- 136 -LRB100 05310 SLF 15321 b

1    any weapon from which 8 or more shots or bullets can be
2    discharged by a single function of the firing device, or
3    ammunition for such weapons, and actually engaged in the
4    business of manufacturing such weapons or ammunition, but
5    only with respect to activities which are within the lawful
6    scope of such business, such as the manufacture,
7    transportation, or testing of such weapons or ammunition.
8    This exemption does not authorize the general private
9    possession of any weapon from which 8 or more shots or
10    bullets can be discharged by a single function of the
11    firing device, but only such possession and activities as
12    are within the lawful scope of a licensed manufacturing
13    business described in this paragraph.
14        During transportation, such weapons shall be broken
15    down in a non-functioning state or not immediately
16    accessible.
17        (6) The manufacture, transport, testing, delivery,
18    transfer or sale, and all lawful commercial or experimental
19    activities necessary thereto, of rifles, shotguns, and
20    weapons made from rifles or shotguns, or ammunition for
21    such rifles, shotguns or weapons, where engaged in by a
22    person operating as a contractor or subcontractor pursuant
23    to a contract or subcontract for the development and supply
24    of such rifles, shotguns, weapons or ammunition to the
25    United States government or any branch of the Armed Forces
26    of the United States, when such activities are necessary

 

 

HB0492- 137 -LRB100 05310 SLF 15321 b

1    and incident to fulfilling the terms of such contract.
2        The exemption granted under this subdivision (c)(6)
3    shall also apply to any authorized agent of any such
4    contractor or subcontractor who is operating within the
5    scope of his employment, where such activities involving
6    such weapon, weapons or ammunition are necessary and
7    incident to fulfilling the terms of such contract.
8        (7) A person possessing a rifle with a barrel or
9    barrels less than 16 inches in length if: (A) the person
10    has been issued a Curios and Relics license from the U.S.
11    Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
12    the person is an active member of a bona fide, nationally
13    recognized military re-enacting group and the modification
14    is required and necessary to accurately portray the weapon
15    for historical re-enactment purposes; the re-enactor is in
16    possession of a valid and current re-enacting group
17    membership credential; and the overall length of the weapon
18    as modified is not less than 26 inches.
19    (d) Subsection 24-1(a)(1) does not apply to the purchase,
20possession or carrying of a black-jack or slung-shot by a peace
21officer.
22    (e) Subsection 24-1(a)(8) does not apply to any owner,
23manager or authorized employee of any place specified in that
24subsection nor to any law enforcement officer.
25    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
26Section 24-1.6 do not apply to members of any club or

 

 

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1organization organized for the purpose of practicing shooting
2at targets upon established target ranges, whether public or
3private, while using their firearms on those target ranges.
4    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
5to:
6        (1) Members of the Armed Services or Reserve Forces of
7    the United States or the Illinois National Guard, while in
8    the performance of their official duty.
9        (2) Bonafide collectors of antique or surplus military
10    ordnance ordinance.
11        (3) Laboratories having a department of forensic
12    ballistics, or specializing in the development of
13    ammunition or explosive ordnance ordinance.
14        (4) Commerce, preparation, assembly or possession of
15    explosive bullets by manufacturers of ammunition licensed
16    by the federal government, in connection with the supply of
17    those organizations and persons exempted by subdivision
18    (g)(1) of this Section, or like organizations and persons
19    outside this State, or the transportation of explosive
20    bullets to any organization or person exempted in this
21    Section by a common carrier or by a vehicle owned or leased
22    by an exempted manufacturer.
23    (g-5) Subsection 24-1(a)(6) does not apply to or affect
24persons licensed under federal law to manufacture any device or
25attachment of any kind designed, used, or intended for use in
26silencing the report of any firearm, firearms, or ammunition

 

 

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1for those firearms equipped with those devices, and actually
2engaged in the business of manufacturing those devices,
3firearms, or ammunition, but only with respect to activities
4that are within the lawful scope of that business, such as the
5manufacture, transportation, or testing of those devices,
6firearms, or ammunition. This exemption does not authorize the
7general private possession of any device or attachment of any
8kind designed, used, or intended for use in silencing the
9report of any firearm, but only such possession and activities
10as are within the lawful scope of a licensed manufacturing
11business described in this subsection (g-5). During
12transportation, these devices shall be detached from any weapon
13or not immediately accessible.
14    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1524-1.6 do not apply to or affect any parole agent or parole
16supervisor who meets the qualifications and conditions
17prescribed in Section 3-14-1.5 of the Unified Code of
18Corrections.
19    (g-7) Subsection 24-1(a)(6) does not apply to a peace
20officer while serving as a member of a tactical response team
21or special operations team. A peace officer may not personally
22own or apply for ownership of a device or attachment of any
23kind designed, used, or intended for use in silencing the
24report of any firearm. These devices shall be owned and
25maintained by lawfully recognized units of government whose
26duties include the investigation of criminal acts.

 

 

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1    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
224-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
3athlete's possession, transport on official Olympic and
4Paralympic transit systems established for athletes, or use of
5competition firearms sanctioned by the International Olympic
6Committee, the International Paralympic Committee, the
7International Shooting Sport Federation, or USA Shooting in
8connection with such athlete's training for and participation
9in shooting competitions at the 2016 Olympic and Paralympic
10Games and sanctioned test events leading up to the 2016 Olympic
11and Paralympic Games.
12    (h) An information or indictment based upon a violation of
13any subsection of this Article need not negative any exemptions
14contained in this Article. The defendant shall have the burden
15of proving such an exemption.
16    (i) Nothing in this Article shall prohibit, apply to, or
17affect the transportation, carrying, or possession, of any
18pistol or revolver, stun gun, taser, or other firearm consigned
19to a common carrier operating under license of the State of
20Illinois or the federal government, where such transportation,
21carrying, or possession is incident to the lawful
22transportation in which such common carrier is engaged; and
23nothing in this Article shall prohibit, apply to, or affect the
24transportation, carrying, or possession of any pistol,
25revolver, stun gun, taser, or other firearm, not the subject of
26and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of

 

 

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1this Article, which is unloaded and enclosed in a case, firearm
2carrying box, shipping box, or other container, by a person
3eligible under State and federal law to possess a firearm the
4possessor of a valid Firearm Owners Identification Card.
5(Source: P.A. 98-63, eff. 7-9-13; 98-463, eff. 8-16-13; 98-725,
6eff. 1-1-15; 99-174, eff. 7-29-15; revised 10-6-16.)
 
7    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
8    Sec. 24-3. Unlawful sale or delivery of firearms.
9    (A) A person commits the offense of unlawful sale or
10delivery of firearms when he or she knowingly does any of the
11following:
12        (a) Sells or gives any firearm of a size which may be
13    concealed upon the person to any person under 18 years of
14    age.
15        (b) Sells or gives any firearm to a person under 21
16    years of age who has been convicted of a misdemeanor other
17    than a traffic offense or adjudged delinquent.
18        (c) Sells or gives any firearm to any narcotic addict.
19        (d) Sells or gives any firearm to any person who has
20    been convicted of a felony under the laws of this or any
21    other jurisdiction.
22        (e) Sells or gives any firearm to any person who has
23    been a patient in a mental institution within the past 5
24    years. In this subsection (e):
25            "Mental institution" means any hospital,

 

 

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1        institution, clinic, evaluation facility, mental
2        health center, or part thereof, which is used primarily
3        for the care or treatment of persons with mental
4        illness.
5            "Patient in a mental institution" means the person
6        was admitted, either voluntarily or involuntarily, to
7        a mental institution for mental health treatment,
8        unless the treatment was voluntary and solely for an
9        alcohol abuse disorder and no other secondary
10        substance abuse disorder or mental illness.
11        (f) Sells or gives any firearms to any person who is a
12    person with an intellectual disability.
13        (g) Delivers any firearm of a size which may be
14    concealed upon the person, incidental to a sale, without
15    withholding delivery of such firearm for at least 72 hours
16    after application for its purchase has been made, or
17    delivers any rifle, shotgun or other long gun, or a stun
18    gun or taser, incidental to a sale, without withholding
19    delivery of such rifle, shotgun or other long gun, or a
20    stun gun or taser for at least 24 hours after application
21    for its purchase has been made. However, this paragraph (g)
22    does not apply to: (1) the sale of a firearm to a law
23    enforcement officer if the seller of the firearm knows that
24    the person to whom he or she is selling the firearm is a
25    law enforcement officer or the sale of a firearm to a
26    person who desires to purchase a firearm for use in

 

 

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1    promoting the public interest incident to his or her
2    employment as a bank guard, armed truck guard, or other
3    similar employment; (2) a mail order sale of a firearm from
4    a federally licensed firearms dealer to a nonresident of
5    Illinois under which the firearm is mailed to a federally
6    licensed firearms dealer outside the boundaries of
7    Illinois; (3) the sale of a firearm to a nonresident of
8    Illinois while at a firearm showing or display recognized
9    by the Illinois Department of State Police; (4) the sale of
10    a firearm to a dealer licensed as a federal firearms dealer
11    under Section 923 of the federal Gun Control Act of 1968
12    (18 U.S.C. 923); or (5) the transfer or sale of any rifle,
13    shotgun, or other long gun to a resident registered
14    competitor or attendee or non-resident registered
15    competitor or attendee by any dealer licensed as a federal
16    firearms dealer under Section 923 of the federal Gun
17    Control Act of 1968 at competitive shooting events held at
18    the World Shooting Complex sanctioned by a national
19    governing body. For purposes of transfers or sales under
20    subparagraph (5) of this paragraph (g), the Department of
21    Natural Resources shall give notice to the Department of
22    State Police at least 30 calendar days prior to any
23    competitive shooting events at the World Shooting Complex
24    sanctioned by a national governing body. The notification
25    shall be made on a form prescribed by the Department of
26    State Police. The sanctioning body shall provide a list of

 

 

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1    all registered competitors and attendees at least 24 hours
2    before the events to the Department of State Police. Any
3    changes to the list of registered competitors and attendees
4    shall be forwarded to the Department of State Police as
5    soon as practicable. The Department of State Police must
6    destroy the list of registered competitors and attendees no
7    later than 30 days after the date of the event. Nothing in
8    this paragraph (g) relieves a federally licensed firearm
9    dealer from the requirements of conducting a NICS
10    background check through the Illinois Point of Contact
11    under 18 U.S.C. 922(t). For purposes of this paragraph (g),
12    "application" means when the buyer and seller reach an
13    agreement to purchase a firearm. For purposes of this
14    paragraph (g), "national governing body" means a group of
15    persons who adopt rules and formulate policy on behalf of a
16    national firearm sporting organization.
17        (h) While holding any license as a dealer, importer,
18    manufacturer or pawnbroker under the federal Gun Control
19    Act of 1968, manufactures, sells or delivers to any
20    unlicensed person a handgun having a barrel, slide, frame
21    or receiver which is a die casting of zinc alloy or any
22    other nonhomogeneous metal which will melt or deform at a
23    temperature of less than 800 degrees Fahrenheit. For
24    purposes of this paragraph, (1) "firearm" is defined as in
25    the Firearm Owners Identification Card Act; and (2)
26    "handgun" is defined as a firearm designed to be held and

 

 

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1    fired by the use of a single hand, and includes a
2    combination of parts from which such a firearm can be
3    assembled.
4        (i) Sells or gives a firearm of any size to any person
5    under 18 years of age who is not eligible under State or
6    federal law to possess a firearm does not possess a valid
7    Firearm Owner's Identification Card.
8        (j) Sells or gives a firearm while engaged in the
9    business of selling firearms at wholesale or retail without
10    being licensed as a federal firearms dealer under Section
11    923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
12    In this paragraph (j):
13        A person "engaged in the business" means a person who
14    devotes time, attention, and labor to engaging in the
15    activity as a regular course of trade or business with the
16    principal objective of livelihood and profit, but does not
17    include a person who makes occasional repairs of firearms
18    or who occasionally fits special barrels, stocks, or
19    trigger mechanisms to firearms.
20        "With the principal objective of livelihood and
21    profit" means that the intent underlying the sale or
22    disposition of firearms is predominantly one of obtaining
23    livelihood and pecuniary gain, as opposed to other intents,
24    such as improving or liquidating a personal firearms
25    collection; however, proof of profit shall not be required
26    as to a person who engages in the regular and repetitive

 

 

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1    purchase and disposition of firearms for criminal purposes
2    or terrorism.
3        (k) (Blank). Sells or transfers ownership of a firearm
4    to a person who does not display to the seller or
5    transferor of the firearm either: (1) a currently valid
6    Firearm Owner's Identification Card that has previously
7    been issued in the transferee's name by the Department of
8    State Police under the provisions of the Firearm Owners
9    Identification Card Act; or (2) a currently valid license
10    to carry a concealed firearm that has previously been
11    issued in the transferee's name by the Department of State
12    Police under the Firearm Concealed Carry Act. This
13    paragraph (k) does not apply to the transfer of a firearm
14    to a person who is exempt from the requirement of
15    possessing a Firearm Owner's Identification Card under
16    Section 2 of the Firearm Owners Identification Card Act.
17    For the purposes of this Section, a currently valid Firearm
18    Owner's Identification Card means (i) a Firearm Owner's
19    Identification Card that has not expired or (ii) an
20    approval number issued in accordance with subsection
21    (a-10) of subsection 3 or Section 3.1 of the Firearm Owners
22    Identification Card Act shall be proof that the Firearm
23    Owner's Identification Card was valid.
24            (1) (Blank). In addition to the other requirements
25        of this paragraph (k), all persons who are not
26        federally licensed firearms dealers must also have

 

 

HB0492- 147 -LRB100 05310 SLF 15321 b

1        complied with subsection (a-10) of Section 3 of the
2        Firearm Owners Identification Card Act by determining
3        the validity of a purchaser's Firearm Owner's
4        Identification Card.
5            (2) (Blank). All sellers or transferors who have
6        complied with the requirements of subparagraph (1) of
7        this paragraph (k) shall not be liable for damages in
8        any civil action arising from the use or misuse by the
9        transferee of the firearm transferred, except for
10        willful or wanton misconduct on the part of the seller
11        or transferor.
12        (l) Not being entitled to the possession of a firearm,
13    delivers the firearm, knowing it to have been stolen or
14    converted. It may be inferred that a person who possesses a
15    firearm with knowledge that its serial number has been
16    removed or altered has knowledge that the firearm is stolen
17    or converted.
18    (B) Paragraph (h) of subsection (A) does not include
19firearms sold within 6 months after enactment of Public Act
2078-355 (approved August 21, 1973, effective October 1, 1973),
21nor is any firearm legally owned or possessed by any citizen or
22purchased by any citizen within 6 months after the enactment of
23Public Act 78-355 subject to confiscation or seizure under the
24provisions of that Public Act. Nothing in Public Act 78-355
25shall be construed to prohibit the gift or trade of any firearm
26if that firearm was legally held or acquired within 6 months

 

 

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1after the enactment of that Public Act.
2    (C) Sentence.
3        (1) Any person convicted of unlawful sale or delivery
4    of firearms in violation of paragraph (c), (e), (f), (g),
5    or (h) of subsection (A) commits a Class 4 felony.
6        (2) Any person convicted of unlawful sale or delivery
7    of firearms in violation of paragraph (b) or (i) of
8    subsection (A) commits a Class 3 felony.
9        (3) Any person convicted of unlawful sale or delivery
10    of firearms in violation of paragraph (a) of subsection (A)
11    commits a Class 2 felony.
12        (4) Any person convicted of unlawful sale or delivery
13    of firearms in violation of paragraph (a), (b), or (i) of
14    subsection (A) in any school, on the real property
15    comprising a school, within 1,000 feet of the real property
16    comprising a school, at a school related activity, or on or
17    within 1,000 feet of any conveyance owned, leased, or
18    contracted by a school or school district to transport
19    students to or from school or a school related activity,
20    regardless of the time of day or time of year at which the
21    offense was committed, commits a Class 1 felony. Any person
22    convicted of a second or subsequent violation of unlawful
23    sale or delivery of firearms in violation of paragraph (a),
24    (b), or (i) of subsection (A) in any school, on the real
25    property comprising a school, within 1,000 feet of the real
26    property comprising a school, at a school related activity,

 

 

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1    or on or within 1,000 feet of any conveyance owned, leased,
2    or contracted by a school or school district to transport
3    students to or from school or a school related activity,
4    regardless of the time of day or time of year at which the
5    offense was committed, commits a Class 1 felony for which
6    the sentence shall be a term of imprisonment of no less
7    than 5 years and no more than 15 years.
8        (5) Any person convicted of unlawful sale or delivery
9    of firearms in violation of paragraph (a) or (i) of
10    subsection (A) in residential property owned, operated, or
11    managed by a public housing agency or leased by a public
12    housing agency as part of a scattered site or mixed-income
13    development, in a public park, in a courthouse, on
14    residential property owned, operated, or managed by a
15    public housing agency or leased by a public housing agency
16    as part of a scattered site or mixed-income development, on
17    the real property comprising any public park, on the real
18    property comprising any courthouse, or on any public way
19    within 1,000 feet of the real property comprising any
20    public park, courthouse, or residential property owned,
21    operated, or managed by a public housing agency or leased
22    by a public housing agency as part of a scattered site or
23    mixed-income development commits a Class 2 felony.
24        (6) Any person convicted of unlawful sale or delivery
25    of firearms in violation of paragraph (j) of subsection (A)
26    commits a Class A misdemeanor. A second or subsequent

 

 

HB0492- 150 -LRB100 05310 SLF 15321 b

1    violation is a Class 4 felony.
2        (7) (Blank). Any person convicted of unlawful sale or
3    delivery of firearms in violation of paragraph (k) of
4    subsection (A) commits a Class 4 felony, except that a
5    violation of subparagraph (1) of paragraph (k) of
6    subsection (A) shall not be punishable as a crime or petty
7    offense. A third or subsequent conviction for a violation
8    of paragraph (k) of subsection (A) is a Class 1 felony.
9        (8) A person 18 years of age or older convicted of
10    unlawful sale or delivery of firearms in violation of
11    paragraph (a) or (i) of subsection (A), when the firearm
12    that was sold or given to another person under 18 years of
13    age was used in the commission of or attempt to commit a
14    forcible felony, shall be fined or imprisoned, or both, not
15    to exceed the maximum provided for the most serious
16    forcible felony so committed or attempted by the person
17    under 18 years of age who was sold or given the firearm.
18        (9) Any person convicted of unlawful sale or delivery
19    of firearms in violation of paragraph (d) of subsection (A)
20    commits a Class 3 felony.
21        (10) Any person convicted of unlawful sale or delivery
22    of firearms in violation of paragraph (l) of subsection (A)
23    commits a Class 2 felony if the delivery is of one firearm.
24    Any person convicted of unlawful sale or delivery of
25    firearms in violation of paragraph (l) of subsection (A)
26    commits a Class 1 felony if the delivery is of not less

 

 

HB0492- 151 -LRB100 05310 SLF 15321 b

1    than 2 and not more than 5 firearms at the same time or
2    within a one year period. Any person convicted of unlawful
3    sale or delivery of firearms in violation of paragraph (l)
4    of subsection (A) commits a Class X felony for which he or
5    she shall be sentenced to a term of imprisonment of not
6    less than 6 years and not more than 30 years if the
7    delivery is of not less than 6 and not more than 10
8    firearms at the same time or within a 2 year period. Any
9    person convicted of unlawful sale or delivery of firearms
10    in violation of paragraph (l) of subsection (A) commits a
11    Class X felony for which he or she shall be sentenced to a
12    term of imprisonment of not less than 6 years and not more
13    than 40 years if the delivery is of not less than 11 and
14    not more than 20 firearms at the same time or within a 3
15    year period. Any person convicted of unlawful sale or
16    delivery of firearms in violation of paragraph (l) of
17    subsection (A) commits a Class X felony for which he or she
18    shall be sentenced to a term of imprisonment of not less
19    than 6 years and not more than 50 years if the delivery is
20    of not less than 21 and not more than 30 firearms at the
21    same time or within a 4 year period. Any person convicted
22    of unlawful sale or delivery of firearms in violation of
23    paragraph (l) of subsection (A) commits a Class X felony
24    for which he or she shall be sentenced to a term of
25    imprisonment of not less than 6 years and not more than 60
26    years if the delivery is of 31 or more firearms at the same

 

 

HB0492- 152 -LRB100 05310 SLF 15321 b

1    time or within a 5 year period.
2    (D) For purposes of this Section:
3    "School" means a public or private elementary or secondary
4school, community college, college, or university.
5    "School related activity" means any sporting, social,
6academic, or other activity for which students' attendance or
7participation is sponsored, organized, or funded in whole or in
8part by a school or school district.
9    (E) A prosecution for a violation of paragraph (k) of
10subsection (A) of this Section may be commenced within 6 years
11after the commission of the offense. A prosecution for a
12violation of this Section other than paragraph (g) of
13subsection (A) of this Section may be commenced within 5 years
14after the commission of the offense defined in the particular
15paragraph.
16(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15;
1799-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
 
18    (720 ILCS 5/24-3.1)  (from Ch. 38, par. 24-3.1)
19    Sec. 24-3.1. Unlawful possession of firearms and firearm
20ammunition.
21    (a) A person commits the offense of unlawful possession of
22firearms or firearm ammunition when:
23        (1) He is under 18 years of age and has in his
24    possession any firearm of a size which may be concealed
25    upon the person; or

 

 

HB0492- 153 -LRB100 05310 SLF 15321 b

1        (2) He is under 21 years of age, has been convicted of
2    a misdemeanor other than a traffic offense or adjudged
3    delinquent and has any firearms or firearm ammunition in
4    his possession; or
5        (3) He is a narcotic addict and has any firearms or
6    firearm ammunition in his possession; or
7        (4) He has been a patient in a mental institution
8    within the past 5 years and has any firearms or firearm
9    ammunition in his possession. For purposes of this
10    paragraph (4):
11            "Mental institution" means any hospital,
12        institution, clinic, evaluation facility, mental
13        health center, or part thereof, which is used primarily
14        for the care or treatment of persons with mental
15        illness.
16            "Patient in a mental institution" means the person
17        was admitted, either voluntarily or involuntarily, to
18        a mental institution for mental health treatment,
19        unless the treatment was voluntary and solely for an
20        alcohol abuse disorder and no other secondary
21        substance abuse disorder or mental illness; or
22        (5) He is a person with an intellectual disability and
23    has any firearms or firearm ammunition in his possession;
24    or
25        (6) He has in his possession any explosive bullet.
26    For purposes of this paragraph "explosive bullet" means the

 

 

HB0492- 154 -LRB100 05310 SLF 15321 b

1projectile portion of an ammunition cartridge which contains or
2carries an explosive charge which will explode upon contact
3with the flesh of a human or an animal. "Cartridge" means a
4tubular metal case having a projectile affixed at the front
5thereof and a cap or primer at the rear end thereof, with the
6propellant contained in such tube between the projectile and
7the cap.
8    (a-5) A person prohibited from possessing a firearm under
9this Section may petition the Director of State Police for a
10hearing and relief from the prohibition, unless the prohibition
11was based upon a forcible felony, stalking, aggravated
12stalking, domestic battery, any violation of the Illinois
13Controlled Substances Act, the Methamphetamine Control and
14Community Protection Act, or the Cannabis Control Act that is
15classified as a Class 2 or greater felony, any felony violation
16of Article 24 of the Criminal Code of 1961 or the Criminal Code
17of 2012, or any adjudication as a delinquent minor for the
18commission of an offense that if committed by an adult would be
19a felony, in which case the person may petition the circuit
20court in writing in the county of his or her residence for a
21hearing and relief from the prohibition. The Director or court
22may grant the relief if it is established by the petitioner to
23the court's or Director's satisfaction that:
24        (1) when in the circuit court, the State's Attorney has
25    been served with a written copy of the petition at least 30
26    days before any hearing in the circuit court and at the

 

 

HB0492- 155 -LRB100 05310 SLF 15321 b

1    hearing the State's Attorney was afforded an opportunity to
2    present evidence and object to the petition;
3        (2) the petitioner has not been convicted of a forcible
4    felony under the laws of this State or any other
5    jurisdiction within 20 years of the filing of the petition,
6    or at least 20 years have passed since the end of any
7    period of imprisonment imposed in relation to that
8    conviction;
9        (3) the circumstances regarding a criminal conviction,
10    where applicable, the petitioner's criminal history and
11    his reputation are such that the petitioner will not be
12    likely to act in a manner dangerous to public safety;
13        (4) granting relief would not be contrary to the public
14    interest; and
15        (5) granting relief would not be contrary to federal
16    law.
17    (b) Sentence.
18    Unlawful possession of firearms, other than handguns, and
19firearm ammunition is a Class A misdemeanor. Unlawful
20possession of handguns is a Class 4 felony. The possession of
21each firearm or firearm ammunition in violation of this Section
22constitutes a single and separate violation.
23    (c) Nothing in paragraph (1) of subsection (a) of this
24Section prohibits a person under 18 years of age from
25participating in any lawful recreational activity with a
26firearm such as, but not limited to, practice shooting at

 

 

HB0492- 156 -LRB100 05310 SLF 15321 b

1targets upon established public or private target ranges or
2hunting, trapping, or fishing in accordance with the Wildlife
3Code or the Fish and Aquatic Life Code.
4(Source: P.A. 99-143, eff. 7-27-15.)
 
5    (720 ILCS 5/24-3.2)  (from Ch. 38, par. 24-3.2)
6    Sec. 24-3.2. Unlawful discharge of firearm projectiles.
7    (a) A person commits the offense of unlawful discharge of
8firearm projectiles when he or she knowingly or recklessly uses
9an armor piercing bullet, dragon's breath shotgun shell, bolo
10shell, or flechette shell in violation of this Section.
11    For purposes of this Section:
12    "Armor piercing bullet" means any handgun bullet or handgun
13ammunition with projectiles or projectile cores constructed
14entirely (excluding the presence of traces of other substances)
15from tungsten alloys, steel, iron, brass, bronze, beryllium
16copper or depleted uranium, or fully jacketed bullets larger
17than 22 caliber whose jacket has a weight of more than 25% of
18the total weight of the projectile, and excluding those handgun
19projectiles whose cores are composed of soft materials such as
20lead or lead alloys, zinc or zinc alloys, frangible projectiles
21designed primarily for sporting purposes, and any other
22projectiles or projectile cores that the U. S. Secretary of the
23Treasury finds to be primarily intended to be used for sporting
24purposes or industrial purposes or that otherwise does not
25constitute "armor piercing ammunition" as that term is defined

 

 

HB0492- 157 -LRB100 05310 SLF 15321 b

1by federal law.
2    "Dragon's breath shotgun shell" means any shotgun shell
3that contains exothermic pyrophoric mesh metal as the
4projectile and is designed for the purpose of throwing or
5spewing a flame or fireball to simulate a flame-thrower.
6    "Bolo shell" means any shell that can be fired in a firearm
7and expels as projectiles 2 or more metal balls connected by
8solid metal wire.
9    "Flechette shell" means any shell that can be fired in a
10firearm and expels 2 or more pieces of fin-stabilized solid
11metal wire or 2 or more solid dart-type projectiles.
12    (b) A person commits a Class X felony when he or she,
13knowing that a firearm, as defined in Section 1.1 of the
14Firearm Owners Identification Card Act, is loaded with an armor
15piercing bullet, dragon's breath shotgun shell, bolo shell, or
16flechette shell, intentionally or recklessly discharges such
17firearm and such bullet or shell strikes any other person.
18    (c) Any person who possesses, concealed on or about his or
19her person, an armor piercing bullet, dragon's breath shotgun
20shell, bolo shell, or flechette shell and a firearm suitable
21for the discharge thereof is guilty of a Class 2 felony.
22    (d) This Section does not apply to or affect any of the
23following:
24        (1) Peace officers;
25        (2) Wardens, superintendents and keepers of prisons,
26    penitentiaries, jails and other institutions for the

 

 

HB0492- 158 -LRB100 05310 SLF 15321 b

1    detention of persons accused or convicted of an offense;
2        (3) Members of the Armed Services or Reserve Forces of
3    the United States or the Illinois National Guard while in
4    the performance of their official duties;
5        (4) Federal officials required to carry firearms,
6    while engaged in the performance of their official duties;
7        (5) United States Marshals, while engaged in the
8    performance of their official duties.
9(Source: P.A. 92-423, eff. 1-1-02.)
 
10    (720 ILCS 5/24-3.4)  (from Ch. 38, par. 24-3.4)
11    Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
12    (a) It shall be unlawful for any person who holds a license
13to sell at retail any alcoholic liquor issued by the Illinois
14Liquor Control Commission or local liquor control commissioner
15under the Liquor Control Act of 1934 or an agent or employee of
16the licensee to sell or deliver to any other person a firearm
17in or on the real property of the establishment where the
18licensee is licensed to sell alcoholic liquors unless the sale
19or delivery of the firearm is otherwise lawful under this
20Article and under the Firearm Owners Identification Card Act.
21    (b) Sentence. A violation of subsection (a) of this Section
22is a Class 4 felony.
23(Source: P.A. 87-591.)
 
24    (720 ILCS 5/24-3.5)

 

 

HB0492- 159 -LRB100 05310 SLF 15321 b

1    Sec. 24-3.5. Unlawful purchase of a firearm.
2    (a) For purposes of this Section, "firearms transaction
3record form" means a form:
4        (1) executed by a transferee of a firearm stating: (i)
5    the transferee's name and address (including county or
6    similar political subdivision); (ii) whether the
7    transferee is a citizen of the United States; (iii) the
8    transferee's State of residence; and (iv) the date and
9    place of birth, height, weight, and race of the transferee;
10    and
11        (2) on which the transferee certifies that he or she is
12    not prohibited by federal law from transporting or shipping
13    a firearm in interstate or foreign commerce or receiving a
14    firearm that has been shipped or transported in interstate
15    or foreign commerce or possessing a firearm in or affecting
16    commerce.
17    (b) A person commits the offense of unlawful purchase of a
18firearm who knowingly purchases or attempts to purchase a
19firearm with the intent to deliver that firearm to another
20person who is prohibited by federal or State law from
21possessing a firearm.
22    (c) A person commits the offense of unlawful purchase of a
23firearm when he or she, in purchasing or attempting to purchase
24a firearm, intentionally provides false or misleading
25information on a United States Department of the Treasury,
26Bureau of Alcohol, Tobacco and Firearms firearms transaction

 

 

HB0492- 160 -LRB100 05310 SLF 15321 b

1record form.
2    (d) Exemption. It is not a violation of subsection (b) of
3this Section for a person to make a gift or loan of a firearm to
4a person who is not prohibited by federal or State law from
5possessing a firearm if the transfer of the firearm is made in
6accordance with Section 3 of the Firearm Owners Identification
7Card Act.
8    (e) Sentence.
9        (1) A person who commits the offense of unlawful
10    purchase of a firearm:
11            (A) is guilty of a Class 2 felony for purchasing or
12        attempting to purchase one firearm;
13            (B) is guilty of a Class 1 felony for purchasing or
14        attempting to purchase not less than 2 firearms and not
15        more than 5 firearms at the same time or within a one
16        year period;
17            (C) is guilty of a Class X felony for which the
18        offender shall be sentenced to a term of imprisonment
19        of not less than 9 years and not more than 40 years for
20        purchasing or attempting to purchase not less than 6
21        firearms at the same time or within a 2 year period.
22        (2) In addition to any other penalty that may be
23    imposed for a violation of this Section, the court may
24    sentence a person convicted of a violation of subsection
25    (c) of this Section to a fine not to exceed $250,000 for
26    each violation.

 

 

HB0492- 161 -LRB100 05310 SLF 15321 b

1    (f) A prosecution for unlawful purchase of a firearm may be
2commenced within 6 years after the commission of the offense.
3(Source: P.A. 95-882, eff. 1-1-09.)
 
4    (720 ILCS 5/24-4.1)
5    Sec. 24-4.1. Report of lost or stolen firearms.
6    (a) If a person who possesses a valid Firearm Owner's
7Identification Card and who possesses or acquires a firearm
8thereafter loses the firearm, or if the firearm is stolen from
9the person, the person must report the loss or theft to the
10local law enforcement agency within 72 hours after obtaining
11knowledge of the loss or theft.
12    (b) A law enforcement agency having jurisdiction shall take
13a written report and shall, as soon as practical, enter the
14firearm's serial number as stolen into the Law Enforcement
15Agencies Data System (LEADS).
16    (c) A person shall not be in violation of this Section if:
17        (1) the failure to report is due to an act of God, act
18    of war, or inability of a law enforcement agency to receive
19    the report;
20        (2) the person is hospitalized, in a coma, or is
21    otherwise seriously physically or mentally impaired as to
22    prevent the person from reporting; or
23        (3) the person's designee makes a report if the person
24    is unable to make the report.
25    (d) Sentence. A person who violates this Section is guilty

 

 

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1of a petty offense for a first violation. A second or
2subsequent violation of this Section is a Class A misdemeanor.
3(Source: P.A. 98-508, eff. 8-19-13.)
 
4    (720 ILCS 5/24-4.5 new)
5    Sec. 24-4.5. Dial up system.
6    (a) The Department of State Police shall provide a dial up
7telephone system or utilize other existing technology which
8shall be used by any federally licensed firearm dealer, gun
9show promoter, or gun show vendor who is to transfer a firearm,
10stun gun, or taser under the provisions of this Code. The
11Department of State Police may utilize existing technology
12which allows the caller to be charged a fee not to exceed $2.
13Fees collected by the Department of State Police shall be
14deposited in the State Police Services Fund and used to provide
15the service.
16    (b) Upon receiving a request from a federally licensed
17firearm dealer, gun show promoter, or gun show vendor, the
18Department of State Police shall immediately approve, or within
19the time period established by Section 24-3 of this Code
20regarding the delivery of firearms, stun guns, and tasers
21notify the inquiring dealer, gun show promoter, or gun show
22vendor of any objection that would disqualify the transferee
23from acquiring or possessing a firearm, stun gun, or taser. In
24conducting the inquiry, the Department of State Police shall
25initiate and complete an automated search of its criminal

 

 

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1history record information files and those of the Federal
2Bureau of Investigation, including the National Instant
3Criminal Background Check System, and of the files of the
4Department of Human Services relating to mental health and
5developmental disabilities to obtain any felony conviction or
6patient hospitalization information which would disqualify a
7person from obtaining a firearm.
8    (c) If receipt of a firearm would not violate Section 24-3
9of this Code or federal law, the Department of State Police
10shall:
11        (1) assign a unique identification number to the
12    transfer; and
13        (2) provide the licensee, gun show promoter, or gun
14    show vendor with the number.
15    (d) Approvals issued by the Department of State Police for
16the purchase of a firearm are valid for 30 days from the date
17of issue.
18    (e)(1) The Department of State Police must act as the
19Illinois Point of Contact for the National Instant Criminal
20Background Check System.
21    (2) The Department of State Police and the Department of
22Human Services shall, in accordance with State and federal law
23regarding confidentiality, enter into a memorandum of
24understanding with the Federal Bureau of Investigation for the
25purpose of implementing the National Instant Criminal
26Background Check System in the State. The Department of State

 

 

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1Police shall report the name, date of birth, and physical
2description of any person prohibited from possessing a firearm
3under this Code or 18 U.S.C. 922(g) and (n) to the National
4Instant Criminal Background Check System Index, Denied Persons
5Files.
6    (f) The Department of State Police shall adopt rules not
7inconsistent with this Section to implement this system.
 
8    (720 ILCS 5/24-9)
9    Sec. 24-9. Firearms; Child Protection.
10    (a) Except as provided in subsection (c), it is unlawful
11for any person to store or leave, within premises under his or
12her control, a firearm if the person knows or has reason to
13believe that a minor under the age of 14 years who does not
14have a Firearm Owners Identification Card is likely to gain
15access to the firearm without the lawful permission of the
16person possessing the firearm, minor's parent, guardian, or
17person having charge of the minor, and the minor causes death
18or great bodily harm with the firearm, unless the firearm is:
19        (1) secured by a device or mechanism, other than the
20    firearm safety, designed to render a firearm temporarily
21    inoperable; or
22        (2) placed in a securely locked box or container; or
23        (3) placed in some other location that a reasonable
24    person would believe to be secure from a minor under the
25    age of 14 years.

 

 

HB0492- 165 -LRB100 05310 SLF 15321 b

1    (b) Sentence. A person who violates this Section is guilty
2of a Class C misdemeanor and shall be fined not less than
3$1,000. A second or subsequent violation of this Section is a
4Class A misdemeanor.
5    (c) Subsection (a) does not apply:
6        (1) if the minor under 14 years of age gains access to
7    a firearm and uses it in a lawful act of self-defense or
8    defense of another; or
9        (2) to any firearm obtained by a minor under the age of
10    14 because of an unlawful entry of the premises by the
11    minor or another person.
12    (d) (Blank). For the purposes of this Section, "firearm"
13has the meaning ascribed to it in Section 1.1 of the Firearm
14Owners Identification Card Act.
15(Source: P.A. 91-18, eff. 1-1-00.)
 
16    Section 85. The Methamphetamine Control and Community
17Protection Act is amended by changing Section 10 as follows:
 
18    (720 ILCS 646/10)
19    Sec. 10. Definitions. As used in this Act:
20    "Anhydrous ammonia" has the meaning provided in subsection
21(d) of Section 3 of the Illinois Fertilizer Act of 1961.
22    "Anhydrous ammonia equipment" means all items used to
23store, hold, contain, handle, transfer, transport, or apply
24anhydrous ammonia for lawful purposes.

 

 

HB0492- 166 -LRB100 05310 SLF 15321 b

1    "Booby trap" means any device designed to cause physical
2injury when triggered by an act of a person approaching,
3entering, or moving through a structure, a vehicle, or any
4location where methamphetamine has been manufactured, is being
5manufactured, or is intended to be manufactured.
6    "Deliver" or "delivery" has the meaning provided in
7subsection (h) of Section 102 of the Illinois Controlled
8Substances Act.
9    "Director" means the Director of State Police or the
10Director's designated agents.
11    "Dispose" or "disposal" means to abandon, discharge,
12release, deposit, inject, dump, spill, leak, or place
13methamphetamine waste onto or into any land, water, or well of
14any type so that the waste has the potential to enter the
15environment, be emitted into the air, or be discharged into the
16soil or any waters, including groundwater.
17    "Emergency response" means the act of collecting evidence
18from or securing a methamphetamine laboratory site,
19methamphetamine waste site or other methamphetamine-related
20site and cleaning up the site, whether these actions are
21performed by public entities or private contractors paid by
22public entities.
23    "Emergency service provider" means a local, State, or
24federal peace officer, firefighter, emergency medical
25technician-ambulance, emergency medical
26technician-intermediate, emergency medical

 

 

HB0492- 167 -LRB100 05310 SLF 15321 b

1technician-paramedic, ambulance driver, or other medical or
2first aid personnel rendering aid, or any agent or designee of
3the foregoing.
4    "Finished methamphetamine" means methamphetamine in a form
5commonly used for personal consumption.
6    "Firearm" has the meaning provided in Section 2-7.5 of the
7Criminal Code of 2012 1.1 of the Firearm Owners Identification
8Card Act.
9    "Manufacture" means to produce, prepare, compound,
10convert, process, synthesize, concentrate, purify, separate,
11extract, or package any methamphetamine, methamphetamine
12precursor, methamphetamine manufacturing catalyst,
13methamphetamine manufacturing reagent, methamphetamine
14manufacturing solvent, or any substance containing any of the
15foregoing.
16    "Methamphetamine" means the chemical methamphetamine (a
17Schedule II controlled substance under the Illinois Controlled
18Substances Act) or any salt, optical isomer, salt of optical
19isomer, or analog thereof, with the exception of
203,4-Methylenedioxymethamphetamine (MDMA) or any other
21scheduled substance with a separate listing under the Illinois
22Controlled Substances Act.
23    "Methamphetamine manufacturing catalyst" means any
24substance that has been used, is being used, or is intended to
25be used to activate, accelerate, extend, or improve a chemical
26reaction involved in the manufacture of methamphetamine.

 

 

HB0492- 168 -LRB100 05310 SLF 15321 b

1    "Methamphetamine manufacturing environment" means a
2structure or vehicle in which:
3        (1) methamphetamine is being or has been manufactured;
4        (2) chemicals that are being used, have been used, or
5    are intended to be used to manufacture methamphetamine are
6    stored;
7        (3) methamphetamine manufacturing materials that have
8    been used to manufacture methamphetamine are stored; or
9        (4) methamphetamine manufacturing waste is stored.
10    "Methamphetamine manufacturing material" means any
11methamphetamine precursor, substance containing any
12methamphetamine precursor, methamphetamine manufacturing
13catalyst, substance containing any methamphetamine
14manufacturing catalyst, methamphetamine manufacturing reagent,
15substance containing any methamphetamine manufacturing
16reagent, methamphetamine manufacturing solvent, substance
17containing any methamphetamine manufacturing solvent, or any
18other chemical, substance, ingredient, equipment, apparatus,
19or item that is being used, has been used, or is intended to be
20used in the manufacture of methamphetamine.
21    "Methamphetamine manufacturing reagent" means any
22substance other than a methamphetamine manufacturing catalyst
23that has been used, is being used, or is intended to be used to
24react with and chemically alter any methamphetamine precursor.
25    "Methamphetamine manufacturing solvent" means any
26substance that has been used, is being used, or is intended to

 

 

HB0492- 169 -LRB100 05310 SLF 15321 b

1be used as a medium in which any methamphetamine precursor,
2methamphetamine manufacturing catalyst, methamphetamine
3manufacturing reagent, or any substance containing any of the
4foregoing is dissolved, diluted, or washed during any part of
5the methamphetamine manufacturing process.
6    "Methamphetamine manufacturing waste" means any chemical,
7substance, ingredient, equipment, apparatus, or item that is
8left over from, results from, or is produced by the process of
9manufacturing methamphetamine, other than finished
10methamphetamine.
11    "Methamphetamine precursor" means ephedrine,
12pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone,
13phenylacetone, phenyl-2-propanone, P2P, or any salt, optical
14isomer, or salt of an optical isomer of any of these chemicals.
15    "Multi-unit dwelling" means a unified structure used or
16intended for use as a habitation, home, or residence that
17contains 2 or more condominiums, apartments, hotel rooms, motel
18rooms, or other living units.
19    "Package" means an item marked for retail sale that is not
20designed to be further broken down or subdivided for the
21purpose of retail sale.
22    "Participate" or "participation" in the manufacture of
23methamphetamine means to produce, prepare, compound, convert,
24process, synthesize, concentrate, purify, separate, extract,
25or package any methamphetamine, methamphetamine precursor,
26methamphetamine manufacturing catalyst, methamphetamine

 

 

HB0492- 170 -LRB100 05310 SLF 15321 b

1manufacturing reagent, methamphetamine manufacturing solvent,
2or any substance containing any of the foregoing, or to assist
3in any of these actions, or to attempt to take any of these
4actions, regardless of whether this action or these actions
5result in the production of finished methamphetamine.
6    "Person with a disability" means a person who suffers from
7a permanent physical or mental impairment resulting from
8disease, injury, functional disorder, or congenital condition
9which renders the person incapable of adequately providing for
10his or her own health and personal care.
11    "Procure" means to purchase, steal, gather, or otherwise
12obtain, by legal or illegal means, or to cause another to take
13such action.
14    "Second or subsequent offense" means an offense under this
15Act committed by an offender who previously committed an
16offense under this Act, the Illinois Controlled Substances Act,
17the Cannabis Control Act, or another Act of this State, another
18state, or the United States relating to methamphetamine,
19cannabis, or any other controlled substance.
20    "Standard dosage form", as used in relation to any
21methamphetamine precursor, means that the methamphetamine
22precursor is contained in a pill, tablet, capsule, caplet, gel
23cap, or liquid cap that has been manufactured by a lawful
24entity and contains a standard quantity of methamphetamine
25precursor.
26    "Unauthorized container", as used in relation to anhydrous

 

 

HB0492- 171 -LRB100 05310 SLF 15321 b

1ammonia, means any container that is not designed for the
2specific and sole purpose of holding, storing, transporting, or
3applying anhydrous ammonia. "Unauthorized container" includes,
4but is not limited to, any propane tank, fire extinguisher,
5oxygen cylinder, gasoline can, food or beverage cooler, or
6compressed gas cylinder used in dispensing fountain drinks.
7"Unauthorized container" does not encompass anhydrous ammonia
8manufacturing plants, refrigeration systems where anhydrous
9ammonia is used solely as a refrigerant, anhydrous ammonia
10transportation pipelines, anhydrous ammonia tankers, or
11anhydrous ammonia barges.
12(Source: P.A. 97-434, eff. 1-1-12.)
 
13    Section 90. The Code of Criminal Procedure of 1963 is
14amended by changing Sections 110-10, 112A-11.1, 112A-11.2, and
15112A-14 as follows:
 
16    (725 ILCS 5/110-10)  (from Ch. 38, par. 110-10)
17    Sec. 110-10. Conditions of bail bond.
18    (a) If a person is released prior to conviction, either
19upon payment of bail security or on his or her own
20recognizance, the conditions of the bail bond shall be that he
21or she will:
22        (1) Appear to answer the charge in the court having
23    jurisdiction on a day certain and thereafter as ordered by
24    the court until discharged or final order of the court;

 

 

HB0492- 172 -LRB100 05310 SLF 15321 b

1        (2) Submit himself or herself to the orders and process
2    of the court;
3        (3) Not depart this State without leave of the court;
4        (4) Not violate any criminal statute of any
5    jurisdiction;
6        (5) At a time and place designated by the court,
7    surrender all firearms in his or her possession to a law
8    enforcement officer designated by the court to take custody
9    of and impound the firearms and physically surrender his or
10    her Firearm Owner's Identification Card to the clerk of the
11    circuit court when the offense the person has been charged
12    with is a forcible felony, stalking, aggravated stalking,
13    domestic battery, any violation of the Illinois Controlled
14    Substances Act, the Methamphetamine Control and Community
15    Protection Act, or the Cannabis Control Act that is
16    classified as a Class 2 or greater felony, or any felony
17    violation of Article 24 of the Criminal Code of 1961 or the
18    Criminal Code of 2012; the court may, however, forgo the
19    imposition of this condition when the circumstances of the
20    case clearly do not warrant it or when its imposition would
21    be impractical; if the Firearm Owner's Identification Card
22    is confiscated, the clerk of the circuit court shall mail
23    the confiscated card to the Illinois State Police; all
24    legally possessed firearms shall be returned to the person
25    upon the charges being dismissed, or if the person is found
26    not guilty, unless the finding of not guilty is by reason

 

 

HB0492- 173 -LRB100 05310 SLF 15321 b

1    of insanity; and
2        (6) At a time and place designated by the court, submit
3    to a psychological evaluation when the person has been
4    charged with a violation of item (4) of subsection (a) of
5    Section 24-1 of the Criminal Code of 1961 or the Criminal
6    Code of 2012 and that violation occurred in a school or in
7    any conveyance owned, leased, or contracted by a school to
8    transport students to or from school or a school-related
9    activity, or on any public way within 1,000 feet of real
10    property comprising any school.
11    Psychological evaluations ordered pursuant to this Section
12shall be completed promptly and made available to the State,
13the defendant, and the court. As a further condition of bail
14under these circumstances, the court shall order the defendant
15to refrain from entering upon the property of the school,
16including any conveyance owned, leased, or contracted by a
17school to transport students to or from school or a
18school-related activity, or on any public way within 1,000 feet
19of real property comprising any school. Upon receipt of the
20psychological evaluation, either the State or the defendant may
21request a change in the conditions of bail, pursuant to Section
22110-6 of this Code. The court may change the conditions of bail
23to include a requirement that the defendant follow the
24recommendations of the psychological evaluation, including
25undergoing psychiatric treatment. The conclusions of the
26psychological evaluation and any statements elicited from the

 

 

HB0492- 174 -LRB100 05310 SLF 15321 b

1defendant during its administration are not admissible as
2evidence of guilt during the course of any trial on the charged
3offense, unless the defendant places his or her mental
4competency in issue.
5    (b) The court may impose other conditions, such as the
6following, if the court finds that such conditions are
7reasonably necessary to assure the defendant's appearance in
8court, protect the public from the defendant, or prevent the
9defendant's unlawful interference with the orderly
10administration of justice:
11        (1) Report to or appear in person before such person or
12    agency as the court may direct;
13        (2) Refrain from possessing a firearm or other
14    dangerous weapon;
15        (3) Refrain from approaching or communicating with
16    particular persons or classes of persons;
17        (4) Refrain from going to certain described
18    geographical areas or premises;
19        (5) Refrain from engaging in certain activities or
20    indulging in intoxicating liquors or in certain drugs;
21        (6) Undergo treatment for drug addiction or
22    alcoholism;
23        (7) Undergo medical or psychiatric treatment;
24        (8) Work or pursue a course of study or vocational
25    training;
26        (9) Attend or reside in a facility designated by the

 

 

HB0492- 175 -LRB100 05310 SLF 15321 b

1    court;
2        (10) Support his or her dependents;
3        (11) If a minor resides with his or her parents or in a
4    foster home, attend school, attend a non-residential
5    program for youths, and contribute to his or her own
6    support at home or in a foster home;
7        (12) Observe any curfew ordered by the court;
8        (13) Remain in the custody of such designated person or
9    organization agreeing to supervise his release. Such third
10    party custodian shall be responsible for notifying the
11    court if the defendant fails to observe the conditions of
12    release which the custodian has agreed to monitor, and
13    shall be subject to contempt of court for failure so to
14    notify the court;
15        (14) Be placed under direct supervision of the Pretrial
16    Services Agency, Probation Department or Court Services
17    Department in a pretrial bond home supervision capacity
18    with or without the use of an approved electronic
19    monitoring device subject to Article 8A of Chapter V of the
20    Unified Code of Corrections;
21        (14.1) The court shall impose upon a defendant who is
22    charged with any alcohol, cannabis, methamphetamine, or
23    controlled substance violation and is placed under direct
24    supervision of the Pretrial Services Agency, Probation
25    Department or Court Services Department in a pretrial bond
26    home supervision capacity with the use of an approved

 

 

HB0492- 176 -LRB100 05310 SLF 15321 b

1    monitoring device, as a condition of such bail bond, a fee
2    that represents costs incidental to the electronic
3    monitoring for each day of such bail supervision ordered by
4    the court, unless after determining the inability of the
5    defendant to pay the fee, the court assesses a lesser fee
6    or no fee as the case may be. The fee shall be collected by
7    the clerk of the circuit court, except as provided in an
8    administrative order of the Chief Judge of the circuit
9    court. The clerk of the circuit court shall pay all monies
10    collected from this fee to the county treasurer for deposit
11    in the substance abuse services fund under Section 5-1086.1
12    of the Counties Code, except as provided in an
13    administrative order of the Chief Judge of the circuit
14    court.
15        The Chief Judge of the circuit court of the county may
16    by administrative order establish a program for electronic
17    monitoring of offenders with regard to drug-related and
18    alcohol-related offenses, in which a vendor supplies and
19    monitors the operation of the electronic monitoring
20    device, and collects the fees on behalf of the county. The
21    program shall include provisions for indigent offenders
22    and the collection of unpaid fees. The program shall not
23    unduly burden the offender and shall be subject to review
24    by the Chief Judge.
25        The Chief Judge of the circuit court may suspend any
26    additional charges or fees for late payment, interest, or

 

 

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1    damage to any device;
2        (14.2) The court shall impose upon all defendants,
3    including those defendants subject to paragraph (14.1)
4    above, placed under direct supervision of the Pretrial
5    Services Agency, Probation Department or Court Services
6    Department in a pretrial bond home supervision capacity
7    with the use of an approved monitoring device, as a
8    condition of such bail bond, a fee which shall represent
9    costs incidental to such electronic monitoring for each day
10    of such bail supervision ordered by the court, unless after
11    determining the inability of the defendant to pay the fee,
12    the court assesses a lesser fee or no fee as the case may
13    be. The fee shall be collected by the clerk of the circuit
14    court, except as provided in an administrative order of the
15    Chief Judge of the circuit court. The clerk of the circuit
16    court shall pay all monies collected from this fee to the
17    county treasurer who shall use the monies collected to
18    defray the costs of corrections. The county treasurer shall
19    deposit the fee collected in the county working cash fund
20    under Section 6-27001 or Section 6-29002 of the Counties
21    Code, as the case may be, except as provided in an
22    administrative order of the Chief Judge of the circuit
23    court.
24        The Chief Judge of the circuit court of the county may
25    by administrative order establish a program for electronic
26    monitoring of offenders with regard to drug-related and

 

 

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1    alcohol-related offenses, in which a vendor supplies and
2    monitors the operation of the electronic monitoring
3    device, and collects the fees on behalf of the county. The
4    program shall include provisions for indigent offenders
5    and the collection of unpaid fees. The program shall not
6    unduly burden the offender and shall be subject to review
7    by the Chief Judge.
8        The Chief Judge of the circuit court may suspend any
9    additional charges or fees for late payment, interest, or
10    damage to any device;
11        (14.3) The Chief Judge of the Judicial Circuit may
12    establish reasonable fees to be paid by a person receiving
13    pretrial services while under supervision of a pretrial
14    services agency, probation department, or court services
15    department. Reasonable fees may be charged for pretrial
16    services including, but not limited to, pretrial
17    supervision, diversion programs, electronic monitoring,
18    victim impact services, drug and alcohol testing, DNA
19    testing, GPS electronic monitoring, assessments and
20    evaluations related to domestic violence and other
21    victims, and victim mediation services. The person
22    receiving pretrial services may be ordered to pay all costs
23    incidental to pretrial services in accordance with his or
24    her ability to pay those costs;
25        (14.4) For persons charged with violating Section
26    11-501 of the Illinois Vehicle Code, refrain from operating

 

 

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1    a motor vehicle not equipped with an ignition interlock
2    device, as defined in Section 1-129.1 of the Illinois
3    Vehicle Code, pursuant to the rules promulgated by the
4    Secretary of State for the installation of ignition
5    interlock devices. Under this condition the court may allow
6    a defendant who is not self-employed to operate a vehicle
7    owned by the defendant's employer that is not equipped with
8    an ignition interlock device in the course and scope of the
9    defendant's employment;
10        (15) Comply with the terms and conditions of an order
11    of protection issued by the court under the Illinois
12    Domestic Violence Act of 1986 or an order of protection
13    issued by the court of another state, tribe, or United
14    States territory;
15        (16) Under Section 110-6.5 comply with the conditions
16    of the drug testing program; and
17        (17) Such other reasonable conditions as the court may
18    impose.
19    (c) When a person is charged with an offense under Section
2011-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
2112-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
22Criminal Code of 2012, involving a victim who is a minor under
2318 years of age living in the same household with the defendant
24at the time of the offense, in granting bail or releasing the
25defendant on his own recognizance, the judge shall impose
26conditions to restrict the defendant's access to the victim

 

 

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1which may include, but are not limited to conditions that he
2will:
3        1. Vacate the household.
4        2. Make payment of temporary support to his dependents.
5        3. Refrain from contact or communication with the child
6    victim, except as ordered by the court.
7    (d) When a person is charged with a criminal offense and
8the victim is a family or household member as defined in
9Article 112A, conditions shall be imposed at the time of the
10defendant's release on bond that restrict the defendant's
11access to the victim. Unless provided otherwise by the court,
12the restrictions shall include requirements that the defendant
13do the following:
14        (1) refrain from contact or communication with the
15    victim for a minimum period of 72 hours following the
16    defendant's release; and
17        (2) refrain from entering or remaining at the victim's
18    residence for a minimum period of 72 hours following the
19    defendant's release.
20    (e) Local law enforcement agencies shall develop
21standardized bond forms for use in cases involving family or
22household members as defined in Article 112A, including
23specific conditions of bond as provided in subsection (d).
24Failure of any law enforcement department to develop or use
25those forms shall in no way limit the applicability and
26enforcement of subsections (d) and (f).

 

 

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1    (f) If the defendant is admitted to bail after conviction
2the conditions of the bail bond shall be that he will, in
3addition to the conditions set forth in subsections (a) and (b)
4hereof:
5        (1) Duly prosecute his appeal;
6        (2) Appear at such time and place as the court may
7    direct;
8        (3) Not depart this State without leave of the court;
9        (4) Comply with such other reasonable conditions as the
10    court may impose; and
11        (5) If the judgment is affirmed or the cause reversed
12    and remanded for a new trial, forthwith surrender to the
13    officer from whose custody he was bailed.
14    (g) Upon a finding of guilty for any felony offense, the
15defendant shall physically surrender, at a time and place
16designated by the court, any and all firearms in his or her
17possession and his or her Firearm Owner's Identification Card
18as a condition of remaining on bond pending sentencing.
19(Source: P.A. 99-797, eff. 8-12-16.)
 
20    (725 ILCS 5/112A-11.1)
21    Sec. 112A-11.1. Procedure for determining whether certain
22misdemeanor crimes are crimes of domestic violence for purposes
23of federal law.
24    (a) When a defendant has been charged with a violation of
25Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the

 

 

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1Criminal Code of 1961 or the Criminal Code of 2012, the State
2may, at arraignment or no later than 45 days after arraignment,
3for the purpose of notification to the Department of State
4Police Firearm Owner's Identification Card Office, serve on the
5defendant and file with the court a notice alleging that
6conviction of the offense would subject the defendant to the
7prohibitions of 18 U.S.C. 922(g)(9) because of the relationship
8between the defendant and the alleged victim and the nature of
9the alleged offense.
10    (b) The notice shall include the name of the person alleged
11to be the victim of the crime and shall specify the nature of
12the alleged relationship as set forth in 18 U.S.C.
13921(a)(33)(A)(ii). It shall also specify the element of the
14charged offense which requires the use or attempted use of
15physical force, or the threatened use of a deadly weapon, as
16set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include
17notice that the defendant is entitled to a hearing on the
18allegation contained in the notice and that if the allegation
19is sustained, that determination and conviction shall be
20reported to the Department of State Police Firearm Owner's
21Identification Card Office.
22    (c) After having been notified as provided in subsection
23(b) of this Section, the defendant may stipulate or admit,
24orally on the record or in writing, that conviction of the
25offense would subject the defendant to the prohibitions of 18
26U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C.

 

 

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1922(g)(9) shall be deemed established for purposes of Section
2112A-11.2. If the defendant denies the applicability of 18
3U.S.C. 922(g)(9) as alleged in the notice served by the State,
4or stands mute with respect to that allegation, then the State
5shall bear the burden to prove beyond a reasonable doubt that
6the offense is one to which the prohibitions of 18 U.S.C.
7922(g)(9) apply. The court may consider reliable hearsay
8evidence submitted by either party provided that it is relevant
9to the determination of the allegation. Facts previously proven
10at trial or elicited at the time of entry of a plea of guilty
11shall be deemed established beyond a reasonable doubt and shall
12not be relitigated. At the conclusion of the hearing, or upon a
13stipulation or admission, as applicable, the court shall make a
14specific written determination with respect to the allegation.
15(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
16    (725 ILCS 5/112A-11.2)
17    Sec. 112A-11.2. Notification to the Department of State
18Police Firearm Owner's Identification Card Office of
19determinations in certain misdemeanor cases. Upon judgment of
20conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
2112-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
22Code of 2012 when the defendant has been determined, under
23Section 112A-11.1, to be subject to the prohibitions of 18
24U.S.C. 922(g)(9), the circuit court clerk shall include
25notification and a copy of the written determination in a

 

 

HB0492- 184 -LRB100 05310 SLF 15321 b

1report of the conviction to the Department of State Police
2Firearm Owner's Identification Card Office to enable the office
3to report that determination to the Federal Bureau of
4Investigation and assist the Bureau in identifying persons
5prohibited from purchasing and possessing a firearm pursuant to
6the provisions of 18 U.S.C. 922.
7(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
8    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
9    Sec. 112A-14. Order of protection; remedies.
10    (a) Issuance of order. If the court finds that petitioner
11has been abused by a family or household member, as defined in
12this Article, an order of protection prohibiting such abuse
13shall issue; provided that petitioner must also satisfy the
14requirements of one of the following Sections, as appropriate:
15Section 112A-17 on emergency orders, Section 112A-18 on interim
16orders, or Section 112A-19 on plenary orders. Petitioner shall
17not be denied an order of protection because petitioner or
18respondent is a minor. The court, when determining whether or
19not to issue an order of protection, shall not require physical
20manifestations of abuse on the person of the victim.
21Modification and extension of prior orders of protection shall
22be in accordance with this Article.
23    (b) Remedies and standards. The remedies to be included in
24an order of protection shall be determined in accordance with
25this Section and one of the following Sections, as appropriate:

 

 

HB0492- 185 -LRB100 05310 SLF 15321 b

1Section 112A-17 on emergency orders, Section 112A-18 on interim
2orders, and Section 112A-19 on plenary orders. The remedies
3listed in this subsection shall be in addition to other civil
4or criminal remedies available to petitioner.
5        (1) Prohibition of abuse. Prohibit respondent's
6    harassment, interference with personal liberty,
7    intimidation of a dependent, physical abuse or willful
8    deprivation, as defined in this Article, if such abuse has
9    occurred or otherwise appears likely to occur if not
10    prohibited.
11        (2) Grant of exclusive possession of residence.
12    Prohibit respondent from entering or remaining in any
13    residence, household, or premises of the petitioner,
14    including one owned or leased by respondent, if petitioner
15    has a right to occupancy thereof. The grant of exclusive
16    possession of the residence, household, or premises shall
17    not affect title to real property, nor shall the court be
18    limited by the standard set forth in Section 701 of the
19    Illinois Marriage and Dissolution of Marriage Act.
20            (A) Right to occupancy. A party has a right to
21        occupancy of a residence or household if it is solely
22        or jointly owned or leased by that party, that party's
23        spouse, a person with a legal duty to support that
24        party or a minor child in that party's care, or by any
25        person or entity other than the opposing party that
26        authorizes that party's occupancy (e.g., a domestic

 

 

HB0492- 186 -LRB100 05310 SLF 15321 b

1        violence shelter). Standards set forth in subparagraph
2        (B) shall not preclude equitable relief.
3            (B) Presumption of hardships. If petitioner and
4        respondent each has the right to occupancy of a
5        residence or household, the court shall balance (i) the
6        hardships to respondent and any minor child or
7        dependent adult in respondent's care resulting from
8        entry of this remedy with (ii) the hardships to
9        petitioner and any minor child or dependent adult in
10        petitioner's care resulting from continued exposure to
11        the risk of abuse (should petitioner remain at the
12        residence or household) or from loss of possession of
13        the residence or household (should petitioner leave to
14        avoid the risk of abuse). When determining the balance
15        of hardships, the court shall also take into account
16        the accessibility of the residence or household.
17        Hardships need not be balanced if respondent does not
18        have a right to occupancy.
19            The balance of hardships is presumed to favor
20        possession by petitioner unless the presumption is
21        rebutted by a preponderance of the evidence, showing
22        that the hardships to respondent substantially
23        outweigh the hardships to petitioner and any minor
24        child or dependent adult in petitioner's care. The
25        court, on the request of petitioner or on its own
26        motion, may order respondent to provide suitable,

 

 

HB0492- 187 -LRB100 05310 SLF 15321 b

1        accessible, alternate housing for petitioner instead
2        of excluding respondent from a mutual residence or
3        household.
4        (3) Stay away order and additional prohibitions. Order
5    respondent to stay away from petitioner or any other person
6    protected by the order of protection, or prohibit
7    respondent from entering or remaining present at
8    petitioner's school, place of employment, or other
9    specified places at times when petitioner is present, or
10    both, if reasonable, given the balance of hardships.
11    Hardships need not be balanced for the court to enter a
12    stay away order or prohibit entry if respondent has no
13    right to enter the premises.
14        If an order of protection grants petitioner exclusive
15    possession of the residence, or prohibits respondent from
16    entering the residence, or orders respondent to stay away
17    from petitioner or other protected persons, then the court
18    may allow respondent access to the residence to remove
19    items of clothing and personal adornment used exclusively
20    by respondent, medications, and other items as the court
21    directs. The right to access shall be exercised on only one
22    occasion as the court directs and in the presence of an
23    agreed-upon adult third party or law enforcement officer.
24        (4) Counseling. Require or recommend the respondent to
25    undergo counseling for a specified duration with a social
26    worker, psychologist, clinical psychologist, psychiatrist,

 

 

HB0492- 188 -LRB100 05310 SLF 15321 b

1    family service agency, alcohol or substance abuse program,
2    mental health center guidance counselor, agency providing
3    services to elders, program designed for domestic violence
4    abusers or any other guidance service the court deems
5    appropriate. The court may order the respondent in any
6    intimate partner relationship to report to an Illinois
7    Department of Human Services protocol approved partner
8    abuse intervention program for an assessment and to follow
9    all recommended treatment.
10        (5) Physical care and possession of the minor child. In
11    order to protect the minor child from abuse, neglect, or
12    unwarranted separation from the person who has been the
13    minor child's primary caretaker, or to otherwise protect
14    the well-being of the minor child, the court may do either
15    or both of the following: (i) grant petitioner physical
16    care or possession of the minor child, or both, or (ii)
17    order respondent to return a minor child to, or not remove
18    a minor child from, the physical care of a parent or person
19    in loco parentis.
20        If a court finds, after a hearing, that respondent has
21    committed abuse (as defined in Section 112A-3) of a minor
22    child, there shall be a rebuttable presumption that
23    awarding physical care to respondent would not be in the
24    minor child's best interest.
25        (6) Temporary legal custody. Award temporary legal
26    custody to petitioner in accordance with this Section, the

 

 

HB0492- 189 -LRB100 05310 SLF 15321 b

1    Illinois Marriage and Dissolution of Marriage Act, the
2    Illinois Parentage Act of 2015, and this State's Uniform
3    Child-Custody Jurisdiction and Enforcement Act.
4        If a court finds, after a hearing, that respondent has
5    committed abuse (as defined in Section 112A-3) of a minor
6    child, there shall be a rebuttable presumption that
7    awarding temporary legal custody to respondent would not be
8    in the child's best interest.
9        (7) Visitation. Determine the visitation rights, if
10    any, of respondent in any case in which the court awards
11    physical care or temporary legal custody of a minor child
12    to petitioner. The court shall restrict or deny
13    respondent's visitation with a minor child if the court
14    finds that respondent has done or is likely to do any of
15    the following: (i) abuse or endanger the minor child during
16    visitation; (ii) use the visitation as an opportunity to
17    abuse or harass petitioner or petitioner's family or
18    household members; (iii) improperly conceal or detain the
19    minor child; or (iv) otherwise act in a manner that is not
20    in the best interests of the minor child. The court shall
21    not be limited by the standards set forth in Section 607.1
22    of the Illinois Marriage and Dissolution of Marriage Act.
23    If the court grants visitation, the order shall specify
24    dates and times for the visitation to take place or other
25    specific parameters or conditions that are appropriate. No
26    order for visitation shall refer merely to the term

 

 

HB0492- 190 -LRB100 05310 SLF 15321 b

1    "reasonable visitation".
2        Petitioner may deny respondent access to the minor
3    child if, when respondent arrives for visitation,
4    respondent is under the influence of drugs or alcohol and
5    constitutes a threat to the safety and well-being of
6    petitioner or petitioner's minor children or is behaving in
7    a violent or abusive manner.
8        If necessary to protect any member of petitioner's
9    family or household from future abuse, respondent shall be
10    prohibited from coming to petitioner's residence to meet
11    the minor child for visitation, and the parties shall
12    submit to the court their recommendations for reasonable
13    alternative arrangements for visitation. A person may be
14    approved to supervise visitation only after filing an
15    affidavit accepting that responsibility and acknowledging
16    accountability to the court.
17        (8) Removal or concealment of minor child. Prohibit
18    respondent from removing a minor child from the State or
19    concealing the child within the State.
20        (9) Order to appear. Order the respondent to appear in
21    court, alone or with a minor child, to prevent abuse,
22    neglect, removal or concealment of the child, to return the
23    child to the custody or care of the petitioner or to permit
24    any court-ordered interview or examination of the child or
25    the respondent.
26        (10) Possession of personal property. Grant petitioner

 

 

HB0492- 191 -LRB100 05310 SLF 15321 b

1    exclusive possession of personal property and, if
2    respondent has possession or control, direct respondent to
3    promptly make it available to petitioner, if:
4            (i) petitioner, but not respondent, owns the
5        property; or
6            (ii) the parties own the property jointly; sharing
7        it would risk abuse of petitioner by respondent or is
8        impracticable; and the balance of hardships favors
9        temporary possession by petitioner.
10        If petitioner's sole claim to ownership of the property
11    is that it is marital property, the court may award
12    petitioner temporary possession thereof under the
13    standards of subparagraph (ii) of this paragraph only if a
14    proper proceeding has been filed under the Illinois
15    Marriage and Dissolution of Marriage Act, as now or
16    hereafter amended.
17        No order under this provision shall affect title to
18    property.
19        (11) Protection of property. Forbid the respondent
20    from taking, transferring, encumbering, concealing,
21    damaging or otherwise disposing of any real or personal
22    property, except as explicitly authorized by the court, if:
23            (i) petitioner, but not respondent, owns the
24        property; or
25            (ii) the parties own the property jointly, and the
26        balance of hardships favors granting this remedy.

 

 

HB0492- 192 -LRB100 05310 SLF 15321 b

1        If petitioner's sole claim to ownership of the property
2    is that it is marital property, the court may grant
3    petitioner relief under subparagraph (ii) of this
4    paragraph only if a proper proceeding has been filed under
5    the Illinois Marriage and Dissolution of Marriage Act, as
6    now or hereafter amended.
7        The court may further prohibit respondent from
8    improperly using the financial or other resources of an
9    aged member of the family or household for the profit or
10    advantage of respondent or of any other person.
11        (11.5) Protection of animals. Grant the petitioner the
12    exclusive care, custody, or control of any animal owned,
13    possessed, leased, kept, or held by either the petitioner
14    or the respondent or a minor child residing in the
15    residence or household of either the petitioner or the
16    respondent and order the respondent to stay away from the
17    animal and forbid the respondent from taking,
18    transferring, encumbering, concealing, harming, or
19    otherwise disposing of the animal.
20        (12) Order for payment of support. Order respondent to
21    pay temporary support for the petitioner or any child in
22    the petitioner's care or custody, when the respondent has a
23    legal obligation to support that person, in accordance with
24    the Illinois Marriage and Dissolution of Marriage Act,
25    which shall govern, among other matters, the amount of
26    support, payment through the clerk and withholding of

 

 

HB0492- 193 -LRB100 05310 SLF 15321 b

1    income to secure payment. An order for child support may be
2    granted to a petitioner with lawful physical care or
3    custody of a child, or an order or agreement for physical
4    care or custody, prior to entry of an order for legal
5    custody. Such a support order shall expire upon entry of a
6    valid order granting legal custody to another, unless
7    otherwise provided in the custody order.
8        (13) Order for payment of losses. Order respondent to
9    pay petitioner for losses suffered as a direct result of
10    the abuse. Such losses shall include, but not be limited
11    to, medical expenses, lost earnings or other support,
12    repair or replacement of property damaged or taken,
13    reasonable attorney's fees, court costs and moving or other
14    travel expenses, including additional reasonable expenses
15    for temporary shelter and restaurant meals.
16            (i) Losses affecting family needs. If a party is
17        entitled to seek maintenance, child support or
18        property distribution from the other party under the
19        Illinois Marriage and Dissolution of Marriage Act, as
20        now or hereafter amended, the court may order
21        respondent to reimburse petitioner's actual losses, to
22        the extent that such reimbursement would be
23        "appropriate temporary relief", as authorized by
24        subsection (a)(3) of Section 501 of that Act.
25            (ii) Recovery of expenses. In the case of an
26        improper concealment or removal of a minor child, the

 

 

HB0492- 194 -LRB100 05310 SLF 15321 b

1        court may order respondent to pay the reasonable
2        expenses incurred or to be incurred in the search for
3        and recovery of the minor child, including but not
4        limited to legal fees, court costs, private
5        investigator fees, and travel costs.
6        (14) Prohibition of entry. Prohibit the respondent
7    from entering or remaining in the residence or household
8    while the respondent is under the influence of alcohol or
9    drugs and constitutes a threat to the safety and well-being
10    of the petitioner or the petitioner's children.
11        (14.5) Prohibition of firearm possession.
12            (A) A person who is subject to an existing order of
13        protection, interim order of protection, emergency
14        order of protection, or plenary order of protection,
15        issued under this Code may not lawfully possess
16        firearms, stun guns, or tasers weapons under Section
17        8.2 of the Firearm Owners Identification Card Act.
18            (B) Any firearms in the possession of the
19        respondent, except as provided in subparagraph (C) of
20        this paragraph (14.5), shall be ordered by the court to
21        be turned over to a person who is not prohibited under
22        State or federal law from possessing firearms with a
23        valid Firearm Owner's Identification Card for
24        safekeeping. The court shall issue an order that the
25        respondent's Firearm Owner's Identification Card be
26        turned over to the local law enforcement agency, which

 

 

HB0492- 195 -LRB100 05310 SLF 15321 b

1        in turn shall immediately mail the card to the
2        Department of State Police Firearm Owner's
3        Identification Card Office for safekeeping. The period
4        of safekeeping shall be for the duration of the order
5        of protection. The firearm or firearms and Firearm
6        Owner's Identification Card, if unexpired, shall at
7        the respondent's request be returned to the respondent
8        at expiration of the order of protection.
9            (C) If the respondent is a peace officer as defined
10        in Section 2-13 of the Criminal Code of 2012, the court
11        shall order that any firearms used by the respondent in
12        the performance of his or her duties as a peace officer
13        be surrendered to the chief law enforcement executive
14        of the agency in which the respondent is employed, who
15        shall retain the firearms for safekeeping for the
16        duration of the order of protection.
17            (D) Upon expiration of the period of safekeeping,
18        if the firearms or Firearm Owner's Identification Card
19        cannot be returned to respondent because respondent
20        cannot be located, fails to respond to requests to
21        retrieve the firearms, or is not lawfully eligible to
22        possess a firearm, upon petition from the local law
23        enforcement agency, the court may order the local law
24        enforcement agency to destroy the firearms, use the
25        firearms for training purposes, or for any other
26        application as deemed appropriate by the local law

 

 

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1        enforcement agency; or that the firearms be turned over
2        to a third party who is lawfully eligible to possess
3        firearms, and who does not reside with respondent.
4        (15) Prohibition of access to records. If an order of
5    protection prohibits respondent from having contact with
6    the minor child, or if petitioner's address is omitted
7    under subsection (b) of Section 112A-5, or if necessary to
8    prevent abuse or wrongful removal or concealment of a minor
9    child, the order shall deny respondent access to, and
10    prohibit respondent from inspecting, obtaining, or
11    attempting to inspect or obtain, school or any other
12    records of the minor child who is in the care of
13    petitioner.
14        (16) Order for payment of shelter services. Order
15    respondent to reimburse a shelter providing temporary
16    housing and counseling services to the petitioner for the
17    cost of the services, as certified by the shelter and
18    deemed reasonable by the court.
19        (17) Order for injunctive relief. Enter injunctive
20    relief necessary or appropriate to prevent further abuse of
21    a family or household member or to effectuate one of the
22    granted remedies, if supported by the balance of hardships.
23    If the harm to be prevented by the injunction is abuse or
24    any other harm that one of the remedies listed in
25    paragraphs (1) through (16) of this subsection is designed
26    to prevent, no further evidence is necessary to establish

 

 

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1    that the harm is an irreparable injury.
2    (c) Relevant factors; findings.
3        (1) In determining whether to grant a specific remedy,
4    other than payment of support, the court shall consider
5    relevant factors, including but not limited to the
6    following:
7            (i) the nature, frequency, severity, pattern and
8        consequences of the respondent's past abuse of the
9        petitioner or any family or household member,
10        including the concealment of his or her location in
11        order to evade service of process or notice, and the
12        likelihood of danger of future abuse to petitioner or
13        any member of petitioner's or respondent's family or
14        household; and
15            (ii) the danger that any minor child will be abused
16        or neglected or improperly removed from the
17        jurisdiction, improperly concealed within the State or
18        improperly separated from the child's primary
19        caretaker.
20        (2) In comparing relative hardships resulting to the
21    parties from loss of possession of the family home, the
22    court shall consider relevant factors, including but not
23    limited to the following:
24            (i) availability, accessibility, cost, safety,
25        adequacy, location and other characteristics of
26        alternate housing for each party and any minor child or

 

 

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1        dependent adult in the party's care;
2            (ii) the effect on the party's employment; and
3            (iii) the effect on the relationship of the party,
4        and any minor child or dependent adult in the party's
5        care, to family, school, church and community.
6        (3) Subject to the exceptions set forth in paragraph
7    (4) of this subsection, the court shall make its findings
8    in an official record or in writing, and shall at a minimum
9    set forth the following:
10            (i) That the court has considered the applicable
11        relevant factors described in paragraphs (1) and (2) of
12        this subsection.
13            (ii) Whether the conduct or actions of respondent,
14        unless prohibited, will likely cause irreparable harm
15        or continued abuse.
16            (iii) Whether it is necessary to grant the
17        requested relief in order to protect petitioner or
18        other alleged abused persons.
19        (4) For purposes of issuing an ex parte emergency order
20    of protection, the court, as an alternative to or as a
21    supplement to making the findings described in paragraphs
22    (c)(3)(i) through (c)(3)(iii) of this subsection, may use
23    the following procedure:
24        When a verified petition for an emergency order of
25    protection in accordance with the requirements of Sections
26    112A-5 and 112A-17 is presented to the court, the court

 

 

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1    shall examine petitioner on oath or affirmation. An
2    emergency order of protection shall be issued by the court
3    if it appears from the contents of the petition and the
4    examination of petitioner that the averments are
5    sufficient to indicate abuse by respondent and to support
6    the granting of relief under the issuance of the emergency
7    order of protection.
8        (5) Never married parties. No rights or
9    responsibilities for a minor child born outside of marriage
10    attach to a putative father until a father and child
11    relationship has been established under the Illinois
12    Parentage Act of 1984 or under the Illinois Parentage Act
13    of 2015 on and after the effective date of that Act. Absent
14    such an adjudication, no putative father shall be granted
15    temporary custody of the minor child, visitation with the
16    minor child, or physical care and possession of the minor
17    child, nor shall an order of payment for support of the
18    minor child be entered.
19    (d) Balance of hardships; findings. If the court finds that
20the balance of hardships does not support the granting of a
21remedy governed by paragraph (2), (3), (10), (11), or (16) of
22subsection (b) of this Section, which may require such
23balancing, the court's findings shall so indicate and shall
24include a finding as to whether granting the remedy will result
25in hardship to respondent that would substantially outweigh the
26hardship to petitioner from denial of the remedy. The findings

 

 

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1shall be an official record or in writing.
2    (e) Denial of remedies. Denial of any remedy shall not be
3based, in whole or in part, on evidence that:
4        (1) Respondent has cause for any use of force, unless
5    that cause satisfies the standards for justifiable use of
6    force provided by Article 7 of the Criminal Code of 2012;
7        (2) Respondent was voluntarily intoxicated;
8        (3) Petitioner acted in self-defense or defense of
9    another, provided that, if petitioner utilized force, such
10    force was justifiable under Article 7 of the Criminal Code
11    of 2012;
12        (4) Petitioner did not act in self-defense or defense
13    of another;
14        (5) Petitioner left the residence or household to avoid
15    further abuse by respondent;
16        (6) Petitioner did not leave the residence or household
17    to avoid further abuse by respondent;
18        (7) Conduct by any family or household member excused
19    the abuse by respondent, unless that same conduct would
20    have excused such abuse if the parties had not been family
21    or household members.
22(Source: P.A. 98-63, eff. 7-9-13; 99-85, eff. 1-1-16.)
 
23    Section 95. The Unified Code of Corrections is amended by
24changing Sections 5-5-3, 5-5-3.2, and 5-6-3 as follows:
 

 

 

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1    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
2    Sec. 5-5-3. Disposition.
3    (a) (Blank).
4    (b) (Blank).
5    (c) (1) (Blank).
6    (2) A period of probation, a term of periodic imprisonment
7or conditional discharge shall not be imposed for the following
8offenses. The court shall sentence the offender to not less
9than the minimum term of imprisonment set forth in this Code
10for the following offenses, and may order a fine or restitution
11or both in conjunction with such term of imprisonment:
12        (A) First degree murder where the death penalty is not
13    imposed.
14        (B) Attempted first degree murder.
15        (C) A Class X felony.
16        (D) A violation of Section 401.1 or 407 of the Illinois
17    Controlled Substances Act, or a violation of subdivision
18    (c)(1.5) or (c)(2) of Section 401 of that Act which relates
19    to more than 5 grams of a substance containing cocaine,
20    fentanyl, or an analog thereof.
21        (D-5) A violation of subdivision (c)(1) of Section 401
22    of the Illinois Controlled Substances Act which relates to
23    3 or more grams of a substance containing heroin or an
24    analog thereof.
25        (E) A violation of Section 5.1 or 9 of the Cannabis
26    Control Act.

 

 

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1        (F) A Class 2 or greater felony if the offender had
2    been convicted of a Class 2 or greater felony, including
3    any state or federal conviction for an offense that
4    contained, at the time it was committed, the same elements
5    as an offense now (the date of the offense committed after
6    the prior Class 2 or greater felony) classified as a Class
7    2 or greater felony, within 10 years of the date on which
8    the offender committed the offense for which he or she is
9    being sentenced, except as otherwise provided in Section
10    40-10 of the Alcoholism and Other Drug Abuse and Dependency
11    Act.
12        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
13    the Criminal Code of 1961 or the Criminal Code of 2012 for
14    which imprisonment is prescribed in those Sections.
15        (G) Residential burglary, except as otherwise provided
16    in Section 40-10 of the Alcoholism and Other Drug Abuse and
17    Dependency Act.
18        (H) Criminal sexual assault.
19        (I) Aggravated battery of a senior citizen as described
20    in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
21    of the Criminal Code of 1961 or the Criminal Code of 2012.
22        (J) A forcible felony if the offense was related to the
23    activities of an organized gang.
24        Before July 1, 1994, for the purposes of this
25    paragraph, "organized gang" means an association of 5 or
26    more persons, with an established hierarchy, that

 

 

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1    encourages members of the association to perpetrate crimes
2    or provides support to the members of the association who
3    do commit crimes.
4        Beginning July 1, 1994, for the purposes of this
5    paragraph, "organized gang" has the meaning ascribed to it
6    in Section 10 of the Illinois Streetgang Terrorism Omnibus
7    Prevention Act.
8        (K) Vehicular hijacking.
9        (L) A second or subsequent conviction for the offense
10    of hate crime when the underlying offense upon which the
11    hate crime is based is felony aggravated assault or felony
12    mob action.
13        (M) A second or subsequent conviction for the offense
14    of institutional vandalism if the damage to the property
15    exceeds $300.
16        (N) (Blank). A Class 3 felony violation of paragraph
17    (1) of subsection (a) of Section 2 of the Firearm Owners
18    Identification Card Act.
19        (O) A violation of Section 12-6.1 or 12-6.5 of the
20    Criminal Code of 1961 or the Criminal Code of 2012.
21        (P) A violation of paragraph (1), (2), (3), (4), (5),
22    or (7) of subsection (a) of Section 11-20.1 of the Criminal
23    Code of 1961 or the Criminal Code of 2012.
24        (Q) A violation of subsection (b) or (b-5) of Section
25    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
26    Code of 1961 or the Criminal Code of 2012.

 

 

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1        (R) A violation of Section 24-3A of the Criminal Code
2    of 1961 or the Criminal Code of 2012.
3        (S) (Blank).
4        (T) A second or subsequent violation of the
5    Methamphetamine Control and Community Protection Act.
6        (U) A second or subsequent violation of Section 6-303
7    of the Illinois Vehicle Code committed while his or her
8    driver's license, permit, or privilege was revoked because
9    of a violation of Section 9-3 of the Criminal Code of 1961
10    or the Criminal Code of 2012, relating to the offense of
11    reckless homicide, or a similar provision of a law of
12    another state.
13        (V) A violation of paragraph (4) of subsection (c) of
14    Section 11-20.1B or paragraph (4) of subsection (c) of
15    Section 11-20.3 of the Criminal Code of 1961, or paragraph
16    (6) of subsection (a) of Section 11-20.1 of the Criminal
17    Code of 2012 when the victim is under 13 years of age and
18    the defendant has previously been convicted under the laws
19    of this State or any other state of the offense of child
20    pornography, aggravated child pornography, aggravated
21    criminal sexual abuse, aggravated criminal sexual assault,
22    predatory criminal sexual assault of a child, or any of the
23    offenses formerly known as rape, deviate sexual assault,
24    indecent liberties with a child, or aggravated indecent
25    liberties with a child where the victim was under the age
26    of 18 years or an offense that is substantially equivalent

 

 

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1    to those offenses.
2        (W) A violation of Section 24-3.5 of the Criminal Code
3    of 1961 or the Criminal Code of 2012.
4        (X) A violation of subsection (a) of Section 31-1a of
5    the Criminal Code of 1961 or the Criminal Code of 2012.
6        (Y) A conviction for unlawful possession of a firearm
7    by a street gang member when the firearm was loaded or
8    contained firearm ammunition.
9        (Z) A Class 1 felony committed while he or she was
10    serving a term of probation or conditional discharge for a
11    felony.
12        (AA) Theft of property exceeding $500,000 and not
13    exceeding $1,000,000 in value.
14        (BB) Laundering of criminally derived property of a
15    value exceeding $500,000.
16        (CC) Knowingly selling, offering for sale, holding for
17    sale, or using 2,000 or more counterfeit items or
18    counterfeit items having a retail value in the aggregate of
19    $500,000 or more.
20        (DD) A conviction for aggravated assault under
21    paragraph (6) of subsection (c) of Section 12-2 of the
22    Criminal Code of 1961 or the Criminal Code of 2012 if the
23    firearm is aimed toward the person against whom the firearm
24    is being used.
25        (EE) A conviction for a violation of paragraph (2) of
26    subsection (a) of Section 24-3B of the Criminal Code of

 

 

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1    2012.
2    (3) (Blank).
3    (4) A minimum term of imprisonment of not less than 10
4consecutive days or 30 days of community service shall be
5imposed for a violation of paragraph (c) of Section 6-303 of
6the Illinois Vehicle Code.
7    (4.1) (Blank).
8    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
9this subsection (c), a minimum of 100 hours of community
10service shall be imposed for a second violation of Section
116-303 of the Illinois Vehicle Code.
12    (4.3) A minimum term of imprisonment of 30 days or 300
13hours of community service, as determined by the court, shall
14be imposed for a second violation of subsection (c) of Section
156-303 of the Illinois Vehicle Code.
16    (4.4) Except as provided in paragraphs (4.5), (4.6), and
17(4.9) of this subsection (c), a minimum term of imprisonment of
1830 days or 300 hours of community service, as determined by the
19court, shall be imposed for a third or subsequent violation of
20Section 6-303 of the Illinois Vehicle Code.
21    (4.5) A minimum term of imprisonment of 30 days shall be
22imposed for a third violation of subsection (c) of Section
236-303 of the Illinois Vehicle Code.
24    (4.6) Except as provided in paragraph (4.10) of this
25subsection (c), a minimum term of imprisonment of 180 days
26shall be imposed for a fourth or subsequent violation of

 

 

HB0492- 207 -LRB100 05310 SLF 15321 b

1subsection (c) of Section 6-303 of the Illinois Vehicle Code.
2    (4.7) A minimum term of imprisonment of not less than 30
3consecutive days, or 300 hours of community service, shall be
4imposed for a violation of subsection (a-5) of Section 6-303 of
5the Illinois Vehicle Code, as provided in subsection (b-5) of
6that Section.
7    (4.8) A mandatory prison sentence shall be imposed for a
8second violation of subsection (a-5) of Section 6-303 of the
9Illinois Vehicle Code, as provided in subsection (c-5) of that
10Section. The person's driving privileges shall be revoked for a
11period of not less than 5 years from the date of his or her
12release from prison.
13    (4.9) A mandatory prison sentence of not less than 4 and
14not more than 15 years shall be imposed for a third violation
15of subsection (a-5) of Section 6-303 of the Illinois Vehicle
16Code, as provided in subsection (d-2.5) of that Section. The
17person's driving privileges shall be revoked for the remainder
18of his or her life.
19    (4.10) A mandatory prison sentence for a Class 1 felony
20shall be imposed, and the person shall be eligible for an
21extended term sentence, for a fourth or subsequent violation of
22subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
23as provided in subsection (d-3.5) of that Section. The person's
24driving privileges shall be revoked for the remainder of his or
25her life.
26    (5) The court may sentence a corporation or unincorporated

 

 

HB0492- 208 -LRB100 05310 SLF 15321 b

1association convicted of any offense to:
2        (A) a period of conditional discharge;
3        (B) a fine;
4        (C) make restitution to the victim under Section 5-5-6
5    of this Code.
6    (5.1) In addition to any other penalties imposed, and
7except as provided in paragraph (5.2) or (5.3), a person
8convicted of violating subsection (c) of Section 11-907 of the
9Illinois Vehicle Code shall have his or her driver's license,
10permit, or privileges suspended for at least 90 days but not
11more than one year, if the violation resulted in damage to the
12property of another person.
13    (5.2) In addition to any other penalties imposed, and
14except as provided in paragraph (5.3), a person convicted of
15violating subsection (c) of Section 11-907 of the Illinois
16Vehicle Code shall have his or her driver's license, permit, or
17privileges suspended for at least 180 days but not more than 2
18years, if the violation resulted in injury to another person.
19    (5.3) In addition to any other penalties imposed, a person
20convicted of violating subsection (c) of Section 11-907 of the
21Illinois Vehicle Code shall have his or her driver's license,
22permit, or privileges suspended for 2 years, if the violation
23resulted in the death of another person.
24    (5.4) In addition to any other penalties imposed, a person
25convicted of violating Section 3-707 of the Illinois Vehicle
26Code shall have his or her driver's license, permit, or

 

 

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1privileges suspended for 3 months and until he or she has paid
2a reinstatement fee of $100.
3    (5.5) In addition to any other penalties imposed, a person
4convicted of violating Section 3-707 of the Illinois Vehicle
5Code during a period in which his or her driver's license,
6permit, or privileges were suspended for a previous violation
7of that Section shall have his or her driver's license, permit,
8or privileges suspended for an additional 6 months after the
9expiration of the original 3-month suspension and until he or
10she has paid a reinstatement fee of $100.
11    (6) (Blank).
12    (7) (Blank).
13    (8) (Blank).
14    (9) A defendant convicted of a second or subsequent offense
15of ritualized abuse of a child may be sentenced to a term of
16natural life imprisonment.
17    (10) (Blank).
18    (11) The court shall impose a minimum fine of $1,000 for a
19first offense and $2,000 for a second or subsequent offense
20upon a person convicted of or placed on supervision for battery
21when the individual harmed was a sports official or coach at
22any level of competition and the act causing harm to the sports
23official or coach occurred within an athletic facility or
24within the immediate vicinity of the athletic facility at which
25the sports official or coach was an active participant of the
26athletic contest held at the athletic facility. For the

 

 

HB0492- 210 -LRB100 05310 SLF 15321 b

1purposes of this paragraph (11), "sports official" means a
2person at an athletic contest who enforces the rules of the
3contest, such as an umpire or referee; "athletic facility"
4means an indoor or outdoor playing field or recreational area
5where sports activities are conducted; and "coach" means a
6person recognized as a coach by the sanctioning authority that
7conducted the sporting event.
8    (12) A person may not receive a disposition of court
9supervision for a violation